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City Council Meeting - Council - Agenda - 4/16/2019
KENT CITY COUNCIL AGENDAS Tuesday, April 16, 2019 Chambers Mayor, Dana Ralph Council President, Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Satwinder Kaur Councilmember Marli Larimer Councilmember Les Thomas Councilmember Toni Troutner ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER / FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Public Safety Report 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Chief Administrative Officer Report 6. PUBLIC HEARING A. Reschedule the Public Hearing for the Trucking-Intensive Land Uses Interim Zoning Ordinance 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measurement or candidate for office. If you wish to speak to the Mayor or Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. City Council Meeting City Council Regular Meeting April 16, 2019 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Apr 2, 2019 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Apr 2, 2019 7:00 PM B. Payment of Bills - Authorize C. Resolution for Public Communications of Election Matters - Adopt D. 2019 CDBG Annual Action Plan - Adopt E. Agreement with CSDC, Inc, for the Amanda Permitting and Land Management Software - Authorize F. Green River Natural Resource Area - South Stormwater Pump Station Project - Condemnation Ordinance - Adopt G. Transportation Improvement Board Complete Streets Grant - Authorize H. Consultant Services Agreement with Magnan Consulting Services, Inc, for the Green River Natural Resource Area Storm Water Force Main - Authorize I. Consultant Services Agreement with Murraysmith, Inc, for the 2019 Sanitary Sewer Cast in Place Pipe Lining Project - Authorize J. Consultant Services Agreement with Mackenzie Engineering, Inc, for the Kent Industrial Valley Area Subarea Plan - "Rally the Valley" - Authorize 9. OTHER BUSINESS 10. BIDS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. Page 1 of 8 ECONOMIC AND COMMUNITY DEVELOPMENT • We’re getting closer to Sound Transit’s decision on a smaller list of sites for an “Operations and Maintenance Facility – South”. A Sound Transit board committee will discuss the issue May 9 and the full board will make a decision May 23. The mayor and staff are working hard to ensure the Midway Landfill sites move forward and the Lowe’s/Dick’s site does not advance. • Peckham & McKenney’s Drew Gorgey met with the mayor and CAO, Executive Leadership Team members, and department staff members the first week of April to get feedback on our director recruitment. Interviews are tentatively scheduled for the second week in July. • The Mayor’s Office has begun to start work on key initiatives from the mayor’s State of the City Address, including “Find It, Fix It” walks in the spring and summer, a community engagement policy and checklist, updating our “buy local” ordinance, and Proposition A. Communications • Dana Neuts has been working with our lobbyist and the Mayor to ask Kent residents to urge senators to support the House version of streamlined sales tax for the next biennium. She and Toni Azzola took a tour of RASKC to prepare for the upcoming pet licensing season, and they are hosting the next bimonthly RASKC meeting at City Hall. • Community Engagement Coordinator Uriel Varela works with King County Metro on the Community Connections project. The last stakeholder meeting is Friday, April 12 at 3:30pm in the Centennial Center. Metro will be presenting their 3- concept solutions to the group as well as the latest community survey results. • Neighborhood Program: 2019 Event Mini Grant: Kent’s Neighborhood Program now offers an event mini grant open to formally recognized neighborhoods. Approval time needed is eight weeks. Events can range from neighborhood clean-ups, movie nights, block parties to voter registration drives. The application is available at KentNeighborhoodProgram.com. Administration • During the first week in April, Bill Zeitler announced his retirement. Bill’s service to the City of Kent started in November of 1996 and will conclude on April 19. Bill plans to complete his remodeling projects and spend more time visiting family who are living in Maryland. We will miss Bill’s consistent high-quality plan review and team leadership in our Building Services Division, especially his gift for mentoring new staff. If you have a chance, please stop by the Permit Center to congratulate Bill on his almost 23-year career with the City. ADMINISTRATION 5.A Packet Pg. 3 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 2 of 8 • The Permit Center has also been busy recruiting for the Permit Technician position vacated when Bonnie Coleman moved over to KPD. 2nd Interviews took place last week and we expect the position will be filled by the time you are reading this. Rental Housing Inspection Program • RHIP staff met with World Relief, an organization that assists refugees with finding affordable apartments in Kent. They will help spread the word to other organizations serving newly arrived women and families. • RHIP staff met with Somali Youth and Family Services and the Coalition for Refugees from Burma. The two organizations will be bringing information about the RHIP program to youth, who can spread the word to their families. Economic Development • ECD has been supporting Kent Downtown Partnership in their efforts to hire a new executive director. The selected candidate will be announcement is expected later this month. • ECD staff attended the Drones & Droids Conference sponsored by Kent’s Lodging Tax Advisory Committee and presented by the AUVSI Cascade Chapter. Staff made connections with regional companies and other trade association staff, including technologists, entrepreneurs, and interested investors. • ECD met with counterparts at the Port of Seattle to present their ideas for a Port Partnership program. The conversation will help inform project selection for an upcoming grant application. Long Range Planning • LRP staff attended the Main Street Now Conference in Seattle, hosted by Main Street America. The presentations focused on downtown housing, economic impact assessment tools, placemaking, and infill strategies. Exciting case studies helped illuminate lessons learned about downtown initiative implementation in other jurisdictions. • LRP and ED staff met with the Rally the Valley staff working group and discussed opportunities to partner on projects, particularly those that would be good candidates for Port of Seattle Economic Development Partnership grants. • LRP staff joined the Mayor for a Corridor Leadership Forum for the Sounder South Capacity Project. This System Expansion Project will build on the new Sounder garage downtown by constructing expanded platforms, upgrading track and signals, and improving access. The goal of this work is to help meet growing demand for Sounder by expanding capacity and improving rider experience. LRP staff will be participating in the Interagency Group for this effort to represent Kent’s interests and liaise between city departments, neighboring jurisdictions, and other agencies. • Chief John Madson will be retiring on May 1 after 38 years with the Fire Service. Chief Jeff DiDonato has been transitioning into the position the past few months and has officially started as the Emergency Management Division Chief on March 1. • Staff continue collaboration with IT, PD and HR on the Alert Notification System. A successful test was ran and we are moving towards completing the processes for implementation. • Emergency Management will be moving offices soon to Centennial Center 4th Floor in the Community Risk Reduction / Fire Prevention. We look forward to being closer to City staff and can’t wait for the move. • The quarterly setup of the Emergency Coordination Center (ECC) was completed in approx. two hours with the help of nine City staff. The ECC is set up quarterly and we invite all city staff to attend these trainings. Knowing how the ECC is setup and getting an introduction as to how the ECC would run and the different positions it staffs during an emergency is very valuable information. We encourage all City Staff sign up for these trainings even if they have taken it before. EMERGENCY MANAGEMENT 5.A Packet Pg. 4 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 3 of 8 • The annual City audit is scheduled to begin on May 1. The auditors will be located in the Customer Service Mailroom area, and if necessary, will also be using space at the 4th floor Finance reception desk. As usual, Robert Goehring, our City Internal Auditor, will be communicating with the departments as to special areas of focus that are brought to his attention by SAO (State Auditor’s Office). Robert will provide additional information to the Department Directors and other appropriate personnel. • In March, Robert Goehring authored and facilitated execution of an MOU with the Puget Sound Regional Fire Authority. This MOU establishes requirements governing the RFA’s administration of the 2019 Emergency Management Performance Grant Award, including ensuring adherence to the terms and conditions of the Grant Agreement and other federal grant requirements. In the coming months, we will execute a consultant services agreement providing for related grant monitoring services, including site-visits. • Firewall Configuration Phase I (Palo Alto): Replace the current firewall infrastructure enabling us to harden our network protecting the City's information assets. • WebQA Mobile App: Deploy a mobile application to allow the public to submit service requests via mobile devices to our WebQA Resident Request System. • Operational support for March 26 - April 09: 404 tickets opened; 379 tickets closed • Continued to assist the Clerk’s office with public records requests; HR with a number of complicated and sensitive employment investigations and personnel-related issues; and Public Works, ECD, and Parks with a number of high priority development projects, including various Sound Transit matters. • Continued to assist Public Works and Parks with their cooperative project with the King County Flood Control Zone District on issues concerning the Lower Russell Road levee project and a variety of real property, contracting, and restrictive covenant issues. • Assisted drafting an ordinance to establish utility design standards in the right-of-way to help comply with a recent order from the Federal Communications Commission. This ordinance establishes design standards for utility poles and small cell facilities within the right-of- way. Following a public hearing, this ordinance was adopted on April 2. • Presented a RISE (Recognize, Inspire, Share and Engage) presentation at the April 3, 2019 Sound Cities Association Networking Event concerning the Kent Municipal Court’s DUI Therapeutic Court. The presentation included a success story of a program participant who went from being homeless, unemployed, and out of touch with his family, to now being sober for more than 360 days, having stable housing, being reunited with his family, and being a productive worker. • On Wednesday, April 3, the DUI Court participants, as a whole, celebrated 6,715 days of sobriety. One participant stated “I am so grateful for this program. I can do jail without any issues; if you had just given me jail and that was it, I would have just kept using heroin. Now I have a chance to get better. Thank you for caring and believing in me.” • Prevailed in two appeals before Superior Court. In one appeal, the Court upheld a DUI conviction finding more than sufficient evidence existed to prove the charge. In the second appeal, the Court held that police officers followed proper procedure and the law in searching the defendant’s car and recovering multiple items of drug paraphernalia and controlled substances. • Since April of 2018, the prosecution team revised its approach to case preparation. The changes that have been implemented over the past year have INFORMATION TECHNOLOGY LAW 5.A Packet Pg. 5 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 4 of 8 streamlined the jury trial system to cut in half the number of cases set for trial, the number of officers who call in on the subpoena line (thereby saving the City overtime costs), and the number of civilian witnesses who are required to appear at court for jury trials, which lessens the burden on witnesses and victims of crime and increasing their satisfaction with the criminal justice system. Below is a comparison of jury trial week from April 2018 and April 2019: March Report Number of clients that entered – 6,386 Number of arrests - 30 Recreation • The final performance of the 2018-2019 Spotlight Series – Piano Battle – drew 330 people (94% capacity) to Kent- Meridian Performing Arts Center on Friday, April 5. The show featured two virtuoso pianists – Andreas Kern and Paul Cibis – battling it out on stage, with the audience voting on the winner. In addition to their public performance, the Piano Battle artists, Andreas and Paul, presented an educational outreach assembly for approximately 200 music students at Meeker Middle School on the morning of April 5. • Art works by Blake Carter and Barry Johnson are on display in the Centennial Center Gallery through May 17. A reception will be held in conjunction with the downtown Third Thursday Art Walk on April 18 from 5:30 to 7:00 p.m. • The “New Year” Kent Creates exhibit closed to entries on March 31. Arts Commissioners are currently voting on their top five submissions who will receive honorariums and featured status on the web site. A new exhibit, “Awakening,” is accepting submissions through June 30. People are encouraged to use the spring season as inspiration and to submit photographs, recipes, videos of dances, short films, poems, paintings, drawings, or work in any creative medium. • The Elementary Youth Track program for 4th/5th/6th grade girls and boys kicked off in March with 1,466 participants representing 27 Kent Elementary Schools across the district. Teams practice at their schools and participate in weekly track meets at Wilson Playfield scheduled March through mid-May. This program involves 27 coaches and support volunteers who teach, mentor, and encourage sportsmanship, hard work and education. The department employs over 50 seasonal employees working as track officials four days per week. • The 10th Annual Kent Place Event sold out with 280 participants. The event featured 12 Informational booths and two educational sessions related to Social Security and Medicare. Dinner was provided by Panera Catering. The evening concluded with a very popular and energetic performance “Illusions of Elvis” by Dany Vernon and his wife Marcia who also contributed an Ann Margaret song. Door prizes, including an original Elvis vinyl record, were provided by the various co-sponsors. Attendees gave the event excellent reviews with many commenting that they can’t wait for next year. • King County Health completed its annual inspection of the Senior Center Commercial kitchen. They evaluate cleanliness, storage areas, food temperatures, water access and Month # of cases set for trial # of police officers who called the subpoena line # of civilian witnesses subpoenaed for trial # of trials set April 2018 222 76 276 37 April 2019 107 30 123 26 PARKS, RECREATION, AND COMMUNITY SERVICES MUNICIPAL COURT 5.A Packet Pg. 6 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 5 of 8 temperatures, safety issues, sterilization of dishes and utensils, cooking unit condition, venting and other food safety conditions. For the 4th consecutive time, the Kent Parks Deli & Cafe received an Excellent Rating. • Spring quarter opened on March 27. A line of excited seniors formed at the front desk, anxious to ensure that they got a spot in their favorite trips or classes. Five of the most popular trips sold out with many people wait listed. Human Services • The Human Services Manager will represent Sound Cities on the newly formed Continuum of Care Application Committee. The committee began to meet in April and will be responsible for developing Seattle-King County’s application for funds to HUD for McKinney Continuum of Care Homeless Assistance Grant funds. The Committee will also establish local application values and priorities and develop the recommended rank order of projects based on those priorities. The rank order is used by HUD (along with our community’s application score) to make award determinations. In 2018 Seattle- King County was awarded over $40,000,000. Significant crime activities / arrests and investigations • On March 31, Swing and Graveyard Officers were dispatched to a Domestic with a Gun report at 702 5 Ave S #7. It was being reported that the ex-boyfriend of the residence was inside with a firearm. Officers responded and were able to call the suspect out without incident. He was arrested and booked into CKCF. • On April 3, a Search Warrant was served at 5:30 a.m. by city of Kent Detectives and Valley SWAT. The investigation conducted by Kent Detectives, established probable cause for two known Prolific Criminal Offenders at a residence located in the 1000 block of E. Chicago Street, for the felony crimes of Theft 1, Identity Theft and Forgery. The suspects criminal activity included theft of mail from various victims, forgery of the victims’ checks, and fraudulent electronic transactions from bank accounts and payees. They are also responsible for stealing over $30,000 from the victims’ bank accounts and retirement accounts. Both Kent suspects, a 36-year-old male and a 39- year-old female, were taken into custody and Detectives also located further evidence of identity theft and drug possession. Detectives will continue their investigation and work with the King County Prosecutors office on filing charges Major emphasis patrol • More than 150 law enforcement agencies around the state, including Kent PD, are adding extra patrols looking for distracted drivers beginning Thursday, March 28 through April 14. It is illegal for drivers to hold cell phones, access information or watch videos while they are driving, stopped in traffic or at a stop light. Violators are charged $136 for the first offense and $234 for the second. Other • Officers Walter, Mello, and Ross did an excellent job of tenaciously pursuing a DV NCO violation suspect through the hill side and creek bed of Earthworks Canyon. They worked together as a team to arrest the suspect for the order violation and DOC warrant. Another suspect was arrested for False Statements. An excellent example of Aggressively Fighting Crime. POLICE 5.A Packet Pg. 7 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 6 of 8 Design • 212th Overlay, East Valley Highway to 72nd - Reviewed Right-of-Way needs, developed preliminary design schedule, collected field data to begin design. Anticipate advertisement January 2020. • 2020 Meet Me on Meeker – Raised Islands and Promenade - Received TIB grant of $250,000 to place raised islands on the sides of the existing mid-block crosswalk and promenade improvements by the Riverview Golf Course • Downtown Sidewalks and Street Tree Maintenance Contract - Conducted field visit to review conditions. Met with Operations staff to verify scope of work March 18. Working to limit/maintain scope to maintenance activities. The goal is to advertise for late summer construction. Land Survey and GIS • Land Survey group are conducting design topography mapping for the Parks Driving Range, ShoWare FEMA maps, Water Transmission Main Locations, James Street Underpass Lighting conduit, 76th Ave. Roadway Raising driveways and the Lake Meridian Storm extension for PW Operations. Field staff have also been providing construction staking for barrier walls and right of way on the 224th St. Corridor phase I & II projects. Land Survey professional staff have been writing legal descriptions and providing record research to the Legal Department for WSDOT access easements for Naden Ave. as well as providing professional support for the Lower Russell Rd. Levee/KOA Lot Line Adjustment and the new Red-Light Camera installations for PD. • GIS Analysts have created an internal online map for Capital Projects Repository for Engineering Design, continue transferring city data to layer files for easy accessibility on various web applications and have provided PW Water with GIS map updates for assets in the field. GIS analysts have input backlogged as-built infrastructure data into the GIS system and are performing impervious surfaces calculations as requested by the Utility Billing section. GIS Coordinator has been working as part of the CityWorks implementation team. GIS Supervisor has provided training to Permit Center staff on the CONNECT-Explorer application. GIS Supervisor has also met with Parks regarding GIS geodatabase design efforts and hiring a GIS Intern. Provided resource assistance to PW Signs Department for collecting sign inventory data – 1578 signs collected to date since starting on March 16. Currently facilitating Mayor’s Office request for new Campus Directory map for City Hall and parking lot between city buildings. Transportation • The application to establish a railroad quiet zone on the BNSF mainline through Kent was sent to the Federal Railroad Administration (FRA) on April 3, 2019. This starts a 60-day comment period for the application. Following the comment period, the FRA will determine if we qualify for a quiet zone. If we gain FRA approval, we will then need approval from the Washington Utilities and Transportation Commission to make the necessary improvements to the railroad crossings. This would be followed by a contract to make those improvements before a quiet zone would be established. • Application materials for the Sound Transit System Access Fund will be submitted this week. This fund provides money to make improvements for people to get to a Sound Transit facility. The City is allowed two applications. We will be applying for funds to establish a crosswalk across James St at 2nd Ave N and make pedestrian improvements along James St between the James/Lincoln park and ride and the Kent Transit Center on Railroad Ave. • Staff are beginning the process of recruiting new members for the Kent Bicycle Advisory Board. There are currently four vacant positions. PUBLIC WORKS 5.A Packet Pg. 8 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 7 of 8 • One person checked out a radar gun for the Residential Traffic Calming Program’s Residential Speed Watch. This program allows residents to check out a radar gun and take down information about vehicles speeding on residential streets. Staff then work with PD to send warning letters to the registered owners of those vehicle. • The oldest traffic signal cabinet in Kent is being replaced. The controller cabinet for the emergency signal at SE 256th St and 140th Ave S dates to the 1960’s. It will be replaced with a modern traffic signal controller cabinet and controller. Environmental • Mill Creek Reestablishment - Presenting the project update to the Mill Creek Neighborhood at its regular meeting on Thursday, April 11. • Downey - Bidding the Frager Road relocation and removal of hazardous waste from the old slaughterhouse area. Advertisement for construction bids will be on April 16, scheduled to go to Council May 7. • Lower Russell Levee - King County is scheduled to begin their bid procurement process in April for Phase I which will include a floodwall along the south part of the project between S. 228th St and the PSE Trail at the south end of the Green River Natural Resource Area (GRNRA) as well as a new water line through the north part of the GRNRA along the alignment of the future setback levee. Construction of Phase I would begin in the late summer. • Upper Mill Creek Dam private utility work concluded April 10 in preparation for construction by the main contractor in mid-April. 104th Ave SE south of SE 267th St will be closed while the new dam outfall culvert is being installed and the neighborhoods in the area are being kept up to date. Construction will continue through the end of Fall. Construction • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1) o 84th to SR 167 – Finish grading for paving the west ramp continues this week o SR 167 Bridge – Work zone temporary asphalt removal began April 8. Median barrier rebar to begin April 10 and will continue for a few weeks. • LID 363: S 224th St Improvements – 88th Ave S / S 218th St Improvements – S 222nd St to 94th Pl S (Ph 2) - Roadway excavation and fill placement on 88th Ave will continue for several weeks. Joint Utility Trench work on 88th Ave is scheduled for April 11 followed by sewer pipe installation April 15. • Cambridge Reservoir Recoating and Fall Protection Improvements - Steel modifications, structural, safety and appurtenances are complete. Interior sand blasting began on Monday, April 1. Interior coating to be completed by May 25 and the reservoir is scheduled to be back in service on June 3. • 228th St. Union Pacific Railroad grade separation ground improvements and embankments (Ph 4 of 5) - Working on DWF revised driveway installation. Potholing for temporary water connection to allow ground improvement. Mobilization and start of ground improvements (stone columns) for the bridge approach ramps is scheduled for April 15. Full closure of S 228th St from 72nd Ave S to 76th Ave S with detour will be in place for approximately two years. The Interurban trail closure is going into effect April 15, advance public notifications are going out. • East Valley Highway (EVH) Pavement Preservation – S 180th St to S 190th St - The remainder of the overlay paving on the northbound lanes of EVH is currently on hold due to inclement weather. Paving will be completed in one shift when weather allows. • Kent Springs and Pump Station No. 4 Electrical Upgrades - Pump Station 4 substantially Complete. Kent Springs erection of the shelter of the electrical panel is underway in addition to the 5.A Packet Pg. 9 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 8 of 8 placement of the emergency backup generator and fuel tank. • Upper Mill Creek Dam Improvements and Diversion Structure Replacement - Mobilization and field work is scheduled to begin on April 15. Overhead power and gas pipe relocations along 104th Ave SE by PSE are ongoing. • 640 Pressure Zone Booster Station - Concrete stem wall concrete pour was completed April 5 and is now curing. Generator pad and interior floor will be the next concrete pours. • 2019 Asphalt Overlays - Council has authorized the award of this contract to Miles Resources. Contract work may begin as early as next week. • WSDOT Overlay Project on Washington Ave began on the evening of March 25. Concrete curb replacement work is ongoing. • King County DNRP CM Wastewater Treatment Division will be replacing sewer manhole frames and covers on Canyon Drive beginning April 27. Work will be taking place on Saturdays and Sundays between the hours of 6 AM and 6 PM during the following weekends: April 27, May 4, May 11, May 18. These dates are subject to change based on weather and community activities. • Blue Origin – Flood storage mitigation area construction that includes export trucking of unsuitable material by way of 72nd Ave is ongoing. Building construction has also began. Streets • Street Maintenance is preparing to pave on 100th Ave SE. Concrete crews continue to work on building the new mineral bins in the Shops yard. Street Signs group are continuing work on the Retro Reflectivity program; installing bases on SE 256th St and SE 248th St and signs on SE 256th St and on 132nd Ave SE. • Solid Waste crews are focusing on removing debris and illegal signs on Hwy 99 and assisting vegetation department on a cleanup of a homeless camp at S 262nd St and SR-167. • Vegetation crews will be performing maintenance at the Seven Oaks Well, the Cambridge Tank and the Summit Reservoir water sites. Sidearm mowers will be out this week on SE 236th St and Military Rd S as well as installing a gate for Sewer at the 83rd Ave S site. • Wetland maintenance crews will be focusing on spring maintenance with mowing, weed eating, removing blackberries and cutting and treating stumps, removing trees at various wetland and drainage locations while mitigation crews move their focus to Johnson Creek on S 212th St. Water • Water Distribution Staff continue to work on excavating bends on the Clark and Kent Springs transmission mains in the Maple Valley area in our effort to clean up easements and acquire larger easements where needed. Water meters found to be out of calibration during large meter testing are being replaced. April wellhead protection monitoring is underway. Utilities • Crews will be cleaning lines on SE 278th St and performing outfall assessing in the Garrison Basin. Crews are working on pond maintenance at SE 237th Pl, 116th Ave SE, SE 233rd St, 101st Pl SE, SE 281st Pl and digging a ditch on 125th Ave SE and SE 233rd St • Staff is Vactor cleaning sewer lines in the East Hill on 116th Ave SE as well as apartment complexes east of 104th Ave SE. Crews will also be performing manhole inspections on SE 244th St. Fleet/Warehouse • Warehouse staff continue to work on forklift recertifications and assist with CDL training. • Radio Shop is helping PD with 800 radio change overs, programming radios and checking over the new cars as they come back from Systems for Public Safety (SPS). • Fleet staff put two new detective Ford Escapes into service and are now focused on receiving the new 35G and four new trucks for Parks. 5.A Packet Pg. 10 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) DATE: April 16, 2019 TO: Kent City Council SUBJECT: Reschedule the Public Hearing for the Trucking-Intensive Land Uses Interim Zoning Ordinance MOTION: Reschedule the Public Hearing for the Trucking-Intensive Land Uses Interim Zoning Ordinance to the May 7, 2019, City Council Meeting. SUMMARY: The Trucking-Intensive Land Uses Interim Zoning Ordinance, Ordinance No. 4320, was adopted and went into effect on April 2, 2019. In accordance with RCWs 35A.63.220 and 36.70A.390, a public hearing regarding the ordinance must be held within 60 days of adoption. Section 8 of Ordinance 4320 provides that the public hearing for the interim ordinance will occur at the April 17, 2019, Council meeting, or as soon thereafter as the business of the City shall permit. Due to the fact that the hearing was scheduled close in time with the passage of the ordinance, the City was unable to meet the Kent Reporter’s publishing deadline to provide proper public notice of the hearing. As a result, the hearing will be rescheduled to the May 7, 2019 Council meeting to allow for proper public notice. 6.A Packet Pg. 11 Pending Approval City Council Workshop Workshop Regular Meeting Minutes April 2, 2019 Date: April 2, 2019 Time: 5:00 p.m. Place: Chambers I. PUBLIC PORTION 1. Public Records Requests/JLARC Reporting City Clerk, Kim Komoto provided a brief overview of the presentation from the Clerk's Office on public records requests and Joint Legislative Audit and Review Committee (JLARC) reporting. Deputy City Clerk, Katy McKee, indicated that in 2014 the City established the Public Disclosure Administrator position that is responsible for managing the flow of public records requests. The position is deadline driven and over the years the Clerk's Office has taken steps to better automate the process. In 2017, the City purchased the redaction module at $500/year/license. This module has helped reduce the amount of staff time to redact records and prepare the required exemption logs. Additionally, in 2017, the City also purchased the reporting module that has helped streamline the gathering of data regarding public records requests. The use of the WebQA cloud-based application used for the processing of public records requests has allowed the City to be "Green." Currently 95% of records provided to requesters are sent electronically. Over the past two years, the Clerk's Office has reduced the amount of paper records retained from 50 boxes to less than 12. McKee indicated that, in the future, with the recent deployment of the Laserfiche electronic content management system, more City records will be made available for the public to search the Laserfiche public portal. Public Disclosure Administrator, Tiffany Alcorn walked the Council through the City's website that the public uses to access information regarding public records requests in addition to submitting a request. Alcorn demonstrated the City’s internal WebQA portal and walked the Council through the process staff follows to process the request, gather, review, and provide records responsive to the requester. Alcorn demonstrated the redaction tool and reviewed the reporting metrics staff is required to enter before closing out the request. Alcorn provided an 8.A.1 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes April 2, 2019 Kent, Washington Page 2 of 5 example of the weekly public records request report that details the status of requests that were received and closed during the prior week and advised that the report is also sent to records and management staff. Records Management Administrator, Alyne Hansen provided an overview of why the City is required to respond to public records requests. Hansen advised of the 1957 legislature’s enactment of RCW 40.14 - the preservation and destruction of public records; Pre-1971 - RCW 42.17 Public Disclosure Act; and 1972’s recodification of RCW 42.17 to RCW 42.56 Public Records Act. Hansen reviewed the 2015-16 State Auditor’s Office study on the cost of responding to public records requests as directed by Engrossed Substitute Senate Bill 6052. In 2017, RCW 40.14.026 was enacted, and the Legislature began requiring agencies subject to the Public Records Act to report information on public records retention, management and disclosure. Only data collected from 7/23/2017 - 12/31/2017 was required to be reported by 7/1/2018 to the Joint Legislative Audit and Review Committee. 2018 will be the first full year of data collection required and must be reported by 7/1/2019 to JLARC. Hansen walked the Council through a few of the City’s JLARC reporting metrics from the 2017 reporting period and review the metrics that would be eliminated if HB 1667 passes in 2019. 2. Kent Youth: Call to Action Lori Guilfoyle, Human Services Coordinator, provided a brief overview of the Youth Initiative that included honoring the statement “Nothing about us without us.” The group is committed to addressing the social inequities that make disparities more likely in certain communities and/or groups of people. The community must be involved in caring for its youth, and the success of a community depends on including those most affected in defining the problem and shaping priorities. The status quo is not acceptable if it is not improving the lives of youth in Kent. Guilfoyle indicated that no one organization can meet the needs of all members of the community or address all the changes facing Kent. More can be achieved together than alone. Guilfoyle provided details on the community input that was gathered through focus groups, interviews, provider meetings and youth surveys. Past efforts included Kent at Risk Community Council (became Kent Communities in Schools), South King County Youth Violence Prevention Committee, Lighthouse late night program, King County Youth Action Plan and Kent Best Starts. 8.A.1 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes April 2, 2019 Kent, Washington Page 3 of 5 Ted Dezember, with the King County Housing Authority and board member for Eastside Pathways, presented the big picture approach that helps leaders build the infrastructure to manage change in their communities. This approach helps with aligning structures, goals and strategies; assuring mutually reinforcing interventions; and assessing through shared measurements. The recurring steps of Community Change Management include taking shape, taking aim, taking stock, targeting action, and tracking progress. Dezember talked about the Collective Impact and how other communities are using it to improve outcomes. Guilfoyle indicated the City is utilizing the collective approach with a core team that has members of the Police Department, the Courts, organizations, and faith-based organizations - a cross sector approach. The team will look at data and use to make informed decisions. Many approaches start with a leadership team that includes high level community leaders. Kendrick Glover, Founder and Executive Director of GEM, indicated the Youth should be at the center of informing programs and policies that impact them. If the youth is given the opportunity to be at the table, solutions will come. Their voices need to be elevated. Glover indicated focus groups were convened and surveys were collected from 132 youth in Kent. Glover reviewed some of the data that was collected that included: 1. Having a safe place to hang out with friends 2. Having more after school activities/programs Guilfoyle indicated we can no longer ignore the disproportionality in outcomes for youth of color in the child welfare, juvenile justice, education, mental-health and healthcare systems. There are too many youths in our community that have limited access to high quality culturally relevant programs and services. There is limited coordination between providers and there are opportunities for increased partnerships. Finally, there are unstable and underutilized resources. Guilfoyle reviewed some of the core system challenges impacting youth, including youth not centrally involved in developing policies and programs that impact them; silos exist between key players impacting youth; mistrust between some communities of color and the City of Kent and the Kent school District; a lack of accessible youth-oriented spaces in Kent and lack of accessible transportation to existing spaces and programs; the definition of public safety is too narrow; there is not enough funding and support for existing culturally responsive services and programs and a need to develop 8.A.1 Packet Pg. 14 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes April 2, 2019 Kent, Washington Page 4 of 5 more. Guilfoyle advised that the catalyst to changing the odds for youth in Kent include the vision of all youth in Kent have what they need, when they need it, to be empowered and engaged in their community. Priorities include opportunities to learn and grow; a safe neighborhood to call home and a healthy lifestyle and environment. We should strive to improve health, academic, and economic outcomes for youth and youth should be engaged and have a positive attachment to the community. Goals will include: 1. Build on and expanding existing partnerships, programs and services for young people and coordinate public and private programs to better serve our young people. Recommendations to build a sustainable structure. 2. Children, youth and families access and actively participate in high quality, culturally responsive, and engaging programs that promote positive child, youth and family development. 3. Promote safe and supportive environments that foster healthy youth and families. 4. Youth access and continue to utilize effective resources to support their positive development and ability to fully participate on community life. Recommendations to build a sustainable structure include: 1. Establishing a leadership roundtable 2. Develop processes to ensure youth voice 3. Continue the work of the Core team 4. Promote effective city-school collaboration 5. Continue to expand the Youth Providers network. Randy Heath, from the Kent School District, is on the core team and provided information on the multitiered system of support for students. Guilfoyle advised that the City’s role is: 1. Keeping the collaborative moving along, focus on systems level work, and support aligned strategies. 2. Cultivating community engagement and ownership. 3. Connecting and brokering relationships between businesses and cultural organizations. 4. Connecting to regional youth-focused efforts. 5. Providing staff support to the Core Team, youth Leadership “Core Team, Provider Network and workgroups. 8.A.1 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes April 2, 2019 Kent, Washington Page 5 of 5 6. Hosting the Youth Initiative on the City’s Website. 7. Strengthening internal relationships between departments serving or engaged in improving youth outcomes. Glover advised we should take the collective approach and that entities and the City need to have open communications to come up with a solution- focused idea centered around youth and adults - with their input. Council expressed their concerns that the lack of access to transportation needs to be addressed. Guilfoyle indicated that there are lots of programs in Kent and there are lots of kids not participating in anything. How do we address the gaps? Council expressed concerns over regional equity and suggested there should be a focus to support South King County rather than the wealthier eastside cities. Mayor Ralph advised of her work with Superintendent Watts and her work to convene a joint City Council and Kent School District meeting. Meeting ended at 6:15 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 16 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Pending Approval Kent City Council City Council Regular Meeting Minutes April 2, 2019 Date: April 2, 2019 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER / FLAG SALUTE 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Councilmember Present Marli Larimer Councilmember Present Bill Boyce Council President Present Dana Ralph Mayor Present Satwinder Kaur Councilmember Present Dennis Higgins Councilmember Present Les Thomas Councilmember Present Brenda Fincher Councilmember Present 3. AGENDA APPROVAL Chief Administrative Officer, Derek Matheson added agenda item 9A Other Business - Trucking-Intensive Land Uses Interim Zoning Ordinance A. Approve the Agenda as Amended RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 4. PUBLIC COMMUNICATIONS Mayor Ralph provided an opportunity for the Kentwood High School students attending tonight’s council meeting to speak regarding their civics engagement class. A. Public Recognition 1. Proclamation for Sexual Assault Awareness Month Mayor Ralph presented the Sexual Assault Awareness Month proclamation to Lorna Holland, King County Sexual Assault Resource Bureau member. Holland expressed her appreciation of the proclamation and provided information on the work of the Bureau. 2. Employee of the Month 8.A.2 Packet Pg. 17 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 2 of 14 Mayor Ralph recognized Kent Police Department Patrol Officer, Tessa Melville as the City's Employee of the Month of April. B. Community Events Council President Boyce provided details regarding past and upcoming events at the accesso ShoWare Center and encouraged the public to visit accessoshoware.com for ticketing information. Councilmember Fincher advised of upcoming Spotlight Series performances, the recent Grand Opening of the Kent Library in the Panther Lake Shopping Center, and the King County Repair Time that will be held on April 9, 2019 from 3-6 p.m. at the Kent Library located at 212 2nd Avenue North in downtown Kent. C. Economic and Community Development Report Chief Economic Development Officer, Bill Ellis provided an update on economic and community development throughout the City of Kent. Ellis advised that the recent zoning code amendment provides for Downtown Commercial Enterprise Zoning - Light Manufacturing businesses and provided examples of low impact processes that could come to Kent's downtown area. Ellis indicated that the City has posted a Call for Offers until April 26, 2019 for the Naden Avenue site and that the listing is available online with CBRE. Ellis provided details regarding the Aerospace Joint Apprenticeship Committee's Washington State Youth Apprenticeship signing day ceremony will be held at the accesso ShoWare Center on April 17. The Lodging Tax Advisory Committee is sponsoring the Drones and Droids conference presented by AUVSI Cascade Chapter on April 3-4, 2019 at the Center Point Conference Center. This conference will expose aerospace and manufacturing in the Kent Valley to those businesses in this emerging technology. Ellis, along with members of the South King County Chambers of Commerce, recently attended a presentation on the Automated, Connected, Electric, and Shared (ACES) Northwest Network. There were presentations on the truck driver shortage and the trucking concentration that exists in the Kent valley. Ellis provided examples of automated technologies coming to the wholesaling and distribution industries. Ellis indicated the City is planning for uncertainty in the area of warehouse robots. The wider Kent Valley has half the state's warehousing and storage jobs in the state. Ellis indicated the City is developing a local response to 8.A.2 Packet Pg. 18 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 3 of 14 macro-trends. Ellis advised that, when thinking about economic development strategies, the City needs to craft open ways to keep the City open-ended, preserve assets, and be aware of opportunity costs if we invest too heavily in one business model. The Rally the Valley process will examine these issues in more detail and talk to experts in the field so we can be best educated regarding trends and options. 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF Mayor Ralph attended the recent Grand Opening of Kent Library in the Panther Lake area and encouraged everyone to visit the library. Mayor Ralph advised that she recently attended the Mainstreet Conference with Chief Administrative Officer, Derek Matheson. Mayor Ralph indicated that the Kent Downtown Partnership is part of the organization. The Kent Downtown Partnership strives to reinvigorate downtown Kent while engaging the public. Mayor Ralph and Economic Development Project Manager, Michelle Wilmot, attended an event at the Museum of Flight celebrating the 50th Anniversary of the Apollo 11 mission. There is a new display regarding the Apollo 11 mission and Kent is prominently featured. Mayor Ralph made a trip to Olympia on April 1, 2019, to testify before the Senate Ways and Means Committee about the Senate budget. Mayor Ralph requested the Streamlined Sales Tax should continue and without the support of the state, the City can't afford to continue provide for warehousing and distribution centers that are important to the valley. Council President Boyce provided a recap of tonight's two workshop topics regarding Public Records Requests and state reporting in addition to an update on the Youth Initiative. Councilmember Fincher attended the Mainstreet conference and congratulated Barbara Smith on her leadership award. Fincher advised that the Earth Day event will be held on April 20, 2019, at 9 am at Clark Lake Park. Visit Kentparks.com to register. Fincher indicated the 50+ Parks program guide is available and detailed upcoming events. Fincher advised that the Operations Committee recommended adoption of the CDBG 2019 Annual Action Plan. 8.A.2 Packet Pg. 19 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 4 of 14 Councilmember Thomas chairs the Operations Committee and indicated details can be found in the minutes. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governance Board that will meet on April 10, 2019, at 5:30 p.m. at station 78 in Covington. Councilmember Troutner chairs the Public Safety Committee that will meet on April 9th at 4 p.m. Troutner provided details regarding the upcoming Kent Police Department community meeting on the topic of Body Worn Cameras, on April 18, 2019 at 7 p.m. at the Police/Fire Training Center, 24523 116th Avenue SE, Kent. Troutner serves on the Sound Cities Association Regional Law, Safety and Justice Committee that met on March 28th. The Committee heard a presentation in inquests and how investigations will be done for officer- involved shootings. The Committee is working on draft rules on Initiative 940 and the last day to submit comments is May 23, 2019. Troutner provided details regarding her testimony before the Senate Transportation Committee regarding funding a pilot program to reduce illegal street racing. Councilmember Higgins serves on the Sound Cities Association Regional Transit Committee that met on March 20th. The Committee discussed the mobility framework ordinance that is being developed. This would redefine the mission of Metro Transit. They want to have people think of Metro as a mobility agency. Higgins provided a recap of his testimony regarding tolling capacity on the highway 509 project and the City's desire to keep the project moving forward in an expeditious matter and the Legislature needs to enact tolling authority. Higgins serves on the Public Works Committee and advised details can be found in the minutes. Councilmember Kaur serves on the Sound Cities Association Growth Management Planning Council that met on March 27th and discussed the formation of an affordable housing committee. King County Councilmember, Claudia Balducci is the chair of the task force that recommended creating this committee. This body will work in an advisory capacity for King County recommending actions and accessing progress towards the implementation of the Regional Affordable Action and the 5-year plan. The $1.3 million budget was allocated by King County for staffing and committee purposes for 3 years. 8.A.2 Packet Pg. 20 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 5 of 14 Kaur indicated the Planning Council discussed the Vision 2050. City staff will be submitting a comment letter. The public can participate in the online survey at psrc.org/vision/seis. Kaur serves on the Sound Cities Association Domestic Violence Initiative Regional Task Force that will meet on May 2, 2019. Councilmember Larimer serves on the Sound Cities Association Advisory Council on Aging and Disability Services that will meet on April 12, 2019. Larimer reminded residents that if they are looking for services for an older adult, adults with disabilities, or if they are a care provider, resources are available at AgingKingCounty.org. CAO Report Chief Administrative Officer, Derek Matheson advised there is an executive session tonight regarding litigation that is expected to last 25 minutes with no action anticipated afterwards. Matheson's written report is in today's agenda packet. Matheson provided a brief overview of what an executive session is. 6. PUBLIC HEARING A. Public Hearing for the Adoption of a New Chapter Under Title 6 of the Kent City Code, Establishing Utility Design Standards in the Right-of-Way Mayor Ralph provided a brief overview of the public hearing process. Mayor Ralph Opened the public hearing. Assistant City Attorney, Christina Schuck gave the staff presentation for the Utility Design Standards in the Right-of-Way public hearing. Schuck indicated the City can embrace the technology and its anticipated benefits, while protecting the City's investments in the City's streets and right-of-way making them cohesive and attractive. Compliance with FCC Order Aesthetic requirements allowed if they are: *Reasonable *No more burdensome than those applied to other types of infrastructure deployments. *Objective *Published in advance - by April 14, 2019 Schuck detailed the methods the notice of the public hearing was provided to the public. 8.A.2 Packet Pg. 21 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 6 of 14 Schuck reviewed: *Chapter 6.16 - Utility Standards in the Right-of-Way and indicated it is robust, yet flexible *Section 6.16.040 - General Requirements that included clutter control *Section 6.16.050 - Small Cells on Utility Poles that included location, height, and clutter. *Section 6.16.060 - Small Cells on City-Owned Infrastructure that included height/width and flexibility for 5% or other new technology. Schuck provided examples of a combination pole with canister or shrouded antenna, combination pole with equipment shroud, and combination pole with canister or shrouded antenna and equipment shroud. Councilmember Higgins advised of the extensive discussions held during past Public Works Committee meetings. Schuck advised that by April 14, 2019, the City needs to comply with FCC Order to publish design standards. This is the last council meeting before the deadline. The SEPA registry identifies many cities going through this same process. The Cities of Bellevue and Federal Way have already adopted ordinances similar to this proposed ordinance. Schuck indicated there is flexibility in the ordinance and the Public Works Director has discretion to override the ordinance. PUBLIC TESTIMONY Greg Busch, an Issaquah resident and representative of the Wireless Policy Group, spoke on behalf of AT&T. Busch indicated he has not had a chance to review the ordinance in-depth because he was made aware of this today. Busch submitted a comment letter today. AT&T's comments relate to the consistency with FCC Order and Technical Feasibility of the proposed designs. Section 6.16.160(C) - the three designs proposed do not allow for unshrouded antennas. AT&T recommends taking additional time to review those designs and consider in light of 5G. Busch recommended changing section 6.16.050(C)(3) from matching color of existing pole, to matching color of the utility pole as closely as technically feasible. Busch provided comments on sections 6.16.060(5) limiting equipment volumes below the 28 cubic feet allowed under the FCC Order and 6.16.040(M) prohibiting side arm mounts. Devendra Maharaj, from Verizon Wireless indicated Verizon has been working with the City on a franchise agreement for franchise facilities in the right-of- way. Maharaj indicated he heard about this ordinance and hearing today and 8.A.2 Packet Pg. 22 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 7 of 14 Verizon has had insufficient time to review the draft ordinance. Maharaj requested a continuance of this hearing to provide Verizon with an opportunity to provide a thorough review. Maharaj expressed concerns with the ordinance. 5G is sensitive and cannot be covered, shrouded or painted. The draft ordinance volumetric standards are inconsistent with the Order and also prohibits side arm mounts. Verizon would like to work with staff on a final revision to the code that will preserve the look and the feel of the community. Linda Atkins, representing T-Mobile and attorney with Davis Wright Tremaine indicated T-Mobile shares the concerns of the other carriers speaking tonight. Although the City indicated these design standards are out of the franchises the city has been negotiating with the carriers, T-Mobile has not had the opportunity to work with the staff on the issues discussed tonight. Atkins indicated the ordinance is out of sync with the FCC Order. Section 6.16.040(M) prohibits strand mounts. The purpose of FCC Order is to adopt aesthetic standards, but the technology is up to the provider. Atkins expressed concerns over section 6.15.050(5). Schuck provided follow up comments regarding the common concerns over strand mounts. The City has not considered strand mounts, but can integrate in an update or the City's standards. The City is willing to take a look at side arm mounts. The City understands that technology is changing, and the City is not opposed to adapting. Council President Boyce indicated that the City has been discussing this issue for quite some time and that this ordinance can be adopted and amended in the future. Schuck indicated there are zero applications for small cell permits in the City. There is one adopted franchise and the City is not currently negotiating franchises with other carriers. The City can improve the code as technology is deployed. The FCC Order requires the City to process applications within 60 days of receipt. Schuck responded to council member's questions regarding equipment specifications in the ordinance. Mayor Ralph asked the City Clerk when tonight's agenda packet was published and made available to the public. City Clerk, Kim Komoto advised the packet was distributed Thursday, March 28, 2019 at 2:35 p.m. 8.A.2 Packet Pg. 23 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 8 of 14 Council President Boyce MOVED to close the public hearing, seconded by Councilmember Higgins. The motion passed unanimously with a vote of 7-0. Boyce MOVED to make the letter submitted to the Mayor and Council members during the meeting and via email on April 2, 2019, at 2:26 p.m. from Gregory Busch from Wireless Policy Group, LLC, on behalf of AT&T. Higgins seconded the motion. The motion passed unanimously with a vote of 7-0. The City Clerk received guidance from the City Attorney to accept and make a part of the record, the letter submitted during the meeting and vie email to Mayor Ralph and the City Council members on April 2, 2019 at 11:52 a.m., by Kim Allen, Senior Vice President, Land Use Entitlements and Strategic Planning for the Wireless Policy Group, LLC, on behalf of Verizon Wireless. MOTION: Adopt Ordinance No. 4318, creating a new Chapter 6.16 of the Kent City Code, establishing utility design standards and aesthetic requirements for infrastructure located within in the right-of-way. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Dennis Higgins, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 7. PUBLIC COMMENT None 8. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Mar 19, 2019 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Mar 19, 2019 7:00 PM B. Payment of Bills - Approve 8.A.2 Packet Pg. 24 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 9 of 14 MOTION: Approve the payment of bills received through 2/15/19 and paid on 2/15/19, bills received through 2/28/19 and paid on 2/28/19, and approve the checks issued for payroll 2/1/19-2/15/19 and paid on 2/20/19, and checks issued for payroll 2/16/19-2/28/19 and paid on 3/5/19, and audited by the Operations Committee on 3/19/19. C. Accept the Green River Shoreline Soil Preparation Project as Complete - Authorize MOTION: Authorize the Mayor to accept the Green River Shoreline Soil Preparation Project as complete and release retainage to Olson Brothers Excavating, Inc, upon receipt of standard releases from the state and the release of any liens. D. Rimini Street Contract Amendment - Authorize MOTION: Authorize the Mayor to approve contract amendments up to $200,000 with Rimini Street, Inc, to provide additional services on an as-needed, on-call basis, under the terms of the parties’ existing Master Services Agreement, for a revised total contract amount of $717,655, which revised amount shall apply to future contract amendment authority, subject to final terms acceptable to the Information Technology Director and the City Attorney. E. Ordinance Creating Chapter 2.62 of the Kent City Code - Kent Bicycle Advisory Board - Adopt MOTION: Adopt Ordinance No. 4319, creating Chapter 2.62, codifying the provisions of Resolution 1298 establishing the Kent Bicycle Advisory Board and adding new language related to member terms. F. Lease Agreement with Sprint Spectrum L.P, for a Wireless Communication Facility at the Blue Boy Tank Site - Authorize MOTION: Authorize the Mayor to enter into a Lease Agreement with Sprint Spectrum L.P, to operate and maintain a wireless communication facility at the Blue Boy Tank site, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Amendment to Interlocal Agreement with the King County Flood Control District Regarding Property Acquisitions for the Lower Russell Levee Project - Authorize 8.A.2 Packet Pg. 25 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 10 of 14 MOTION: Authorize the Mayor to sign an amendment to the Interlocal Agreement between the City of Kent and the King County Flood Control District regarding property acquisitions for the Lower Russell Levee project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Amendment "R" to King County Conservation Futures Interlocal Agreement - Authorize MOTION: Authorize the Mayor to sign Amendment “R” to the City’s Interlocal Agreement with King County for open space acquisition projects to allow administrative amendments when funds are awarded without the need for formal amendment by the legislative bodies of King County and the City of Kent, subject to final terms and conditions acceptable to the Parks Director and City Attorney. I. Amendment "S" to King County Conservation Futures Interlocal Agreement - Authorize MOTION: Authorize the Mayor to sign Amendment “S” to the 1991 Conversation Futures Interlocal Agreement with King County, which allocates additional grant funds in the amount of $1,479,000. to Kent for property acquisition projects, and authorize the Mayor to sign all documents that may be required to impose use restrictions on the properties consistent with grant conditions, subject to final terms and conditions acceptable to the Parks Director and City Attorney. J. Goods and Services Agreement with Northwest Playground Systems for Purchase of Lunar Rover Replica - Authorize MOTION: Authorize the Mayor to sign a Goods and Services Agreement with Northwest Playground Equipment in the amount of $123,615 for an interactive replica of the Lunar Rover, subject to final terms and conditions acceptable to the Parks Director and City Attorney. K. 2019 City Art Plan and Five-Year City Art Plan 2019-2023 - Adopt MOTION: Adopt the 2019 City Art Plan and Five-Year Plan. 9. OTHER BUSINESS A. Trucking-Intensive Land Uses - Interim Zoning City Attorney, Arthur "Pat" Fitzpatrick advised that Hayley Bonsteel will be doing a presentation regarding the Interim Zoning Ordinance relating to Trucking-Intensive Uses in the Kent Valley. This interim ordinance is for up to 12 months and has the following conditions: 8.A.2 Packet Pg. 26 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 11 of 14 The council require a work plan to come up with a final ordinance; and A public hearing be held within 60 days. The ordinance meets these requirements and sets a public hearing for the next council meeting. This interim ordinance will remain in effect for up to 12 months unless Council terminates the ordinance or extends with a public hearing or Council takes action to repeal the interim ordinance. Because this is an emergency ordinance, it will become effective immediately in the event the Council approves the ordinance by approval of a majority plus one of the Council. Senior Long-Range Planner, Hayley Bonsteel gave the staff presentation. What we know: *Trucking-intensive land uses such as warehousing and distribution have significant impacts to city infrastructure. One truck = 8,000 cars - impact on pavement - Costs borne by City. *The Kent Industrial Valley is highly desirable for this type of land use - and we’re nearly out of land. What we don’t know: We don't know the best way to regulate trucking-intensive land uses - that’s what Rally the Valley is for. We don't know what the opportunity costs are of continuing “business as usual.” General principles that we know: Diversification is good. Overspecialized buildings types not good - Look at big box retail, Top Foods, GI-Joes site. DETAILS OF PROPOSAL A new footnote on page 19 and 23 of the ordinance - applies to only M1, M1C zoning districts. Considers the number of dock high doors - as proxy for amount of trucking activity. Considers the square footage of the footprint of the building. It's the combination of the size of the facilities and that they are trucking-intensive. This ordinance will be in place for one year. The Rally the Valley will be nearly done by then. Why M1/M1C? The City has assets in M1 and M1C, undeveloped land and office buildings. There is a high opportunity as compared to M2 and M3, which are generally already built out with warehouses. Why this approach (Square Footage and doors)? Trying to cast just the right size net to pause large footprint warehouses 8.A.2 Packet Pg. 27 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 12 of 14 without impacting manufacturing. How it applies? Only applies to new construction and expansions. If uses need to be rebuilt, that is grand fathered in. What Rally the Valley is about? Maximizing economic potential of the Kent Industrial Valley. Unlikely to prohibit these types of uses, but need to figure out how to regulate them. Policy changes based on true understanding of the costs of different use types. More nuanced and thoughtful regulation, taking into account different classifications within warehouse and industrial real estate products and their ability to meet different demands. Making it a great place for industrial workers. Until Rally the Valley is complete, we simply cannot allow business as usual to continue in our highest opportunity industrial land that is so in demand right now. These large footprint uses that basically pass boxes through from one truck to another could continue developing at a pace that makes policy work moot. 1. Adopt Ordinance No. 4320, amending title 15 of the Kent City Code to establish interim zoning for trucking-intensive lasnd uses, setting a date for a public hearing, declaring an emergency, and providing for an immediate effective date for the ordinance. Councilmember Higgins spoke in support of the motion and indicated that we are embarking on discussion we need to have about how our City is going to grow in the future. Before streamlined sales tax, the City built the economy around warehouses. The change to state law, greatly altered the fate of the City. The City needs to have open dialogue regarding trucking-intensive uses in our City that don't result in taxable transactions that provide revenue to the City for public services like police and streets. RESULT: ADOPTED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 10. BIDS A. South 212th Street Bridge Deck Resurface Project Bid - Award Public Works Director, Tim LaPorte provided details regarding the South 212th Street Bridge Deck Resurface work that needs to be done. 8.A.2 Packet Pg. 28 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 13 of 14 MOTION: Award the South 212th Street Bridge Deck Resurface Project to C. A. Carey Corporation in the amount of $597,680 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher B. South 228th Street Union Pacific Railroad Grade Separation Bridge and Roadway Phase 5 Project Bid - Award Public Works Director, Tim LaPorte recommended Council award the South 228th Street Union Pacific Railroad Grade Separation Bridge and Roadway Phase 5 Project bid. MOTION: Award the South 228th Street/Union Pacific Railroad Grade Separation Bridge and Roadway Phase 5 Project to Scarsella Bros., Inc. in the amount of $13,802,146.40, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher C. 2019 Asphalt Grinding Project Bid - Award Public Works Director, Tim LaPorte recommended awarding the 2019 Asphalt Grinding Project Bid. MOTION: Award the 2019 Asphalt Grinding Project to Puget Paving & Construction, Inc, in the amount of $69,875 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher D. Green River Natural Resource Area Storm Water Force Main Project Bid - Award 8.A.2 Packet Pg. 29 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 14 of 14 Public Works Director, Tim LaPorte recommended awarding the Green River Natural Resource Area Storm Water Force Main Project Bid. MOTION: Award the Green River Natural Resource Area Storm Water Force Main Project to Scarsella Brothers, Inc. in the amount of $1,787,833.30 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher E. Railroad Trespass Fencing Bid - Award Public Works Director, Tim LaPorte recommended awarding the Railroad Trespass Fencing Bid. MOTION: Award the Railroad Trespass Fencing Project to Judha of Lion Landscaping and Services LLC, in the amount of $57,101 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION At 9:01 p.m., the Council went into Executive Session. At 9:16 the Council reconvened into regular session. A. Current or Potential Litigation, as per RCW 42.30.110(1)(i) 12. ADJOURNMENT Meeting ended at 9:17 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 30 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 2 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) DATE: April 16, 2019 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: Approve the payment of bills received through 3/15/19 and paid on 3/15/19 and approve the checks issued for payroll for 3/1/19-3/15/19 and paid on 3/20/19 and audited by the Operations Committee on 4/2/19. SUMMARY: Approval of payment of the bills received through----- 03/15/19 and paid 03/15/19 Approval of checks issued for Vouchers: Date Document Numbers Amount 03/15/19 Wire Transfers 7828 7844 $2,294,202.26 03/15/19 Regular Checks 732849 733318 $3,507,175.56 03/15/19 Payment Plus 101297 101312 $40,816.20 Void Checks ($1,130.79) 03/15/19 Use Tax Payable $3,254.78 $5,844,318.01 Approval of checks issued for Payroll: 3/1/19- 3/15/19 and paid 3/20/2019 Date Document Numbers Amount 3/20/2019 Checks 0 Voids and Reissues 3/20/2019 Advices 426036 426936 $1,984,622.40 $1,984,622.40 8.B Packet Pg. 31 DATE: April 16, 2019 TO: Kent City Council SUBJECT: Resolution for Public Communications of Election Matters - Adopt MOTION: Adopt Resolution No. , updating the City's policy concerning the taping and airing of candidate statements and forum discussions of candidates running for local office to account for new technology, and to provide that all communication methods used by the City in carrying out its day-to-day business operations are also available to communicate objective facts in a fair manner to Kent residents concerning local ballot measures. SUMMARY: Resolution No. 1600 was adopted by Council in 2001, which established the current provisions that apply to videotaped candidate statements and local forum discussions, which are broadcast on the City’s local government cable channel. These provisions are equally applied to all candidates. Once completed, the videos are also linked on social media and available online through the City’s website, YouTube, and Vimeo. Resolution No. 1600, however, did not contemplate today’s current technology and more frequent methods of communication. Staff therefore recommends revising existing policy to account for current technology, including social media and live-streaming. The proposed resolution includes a provision that allows staff to embrace new technology as it becomes available. State law and regulations of the Public Disclosure Commission allow the City to communicate with its residents concerning ballot measures so long as those communications are done in a fair manner and include only objective facts. Cities may not advocate or otherwise attempt to persuade voters to vote a particular way on a ballot measure. Guidance from the Public Disclosure Commission provides that it is a responsibility of local government to inform the general public of the operational and maintenance issues facing local agencies, and that responsibility includes informing the community of needs that the community itself may not realize exist. To be lawful, however, state law requires that these communications be part of the City’s “normal and regular conduct.” On a day-to-day basis, the City communicates with its residents on current affairs and issues that impact City maintenance and operations through a variety of methods, including social media and website posts, emailed newsletters, utility bill 8.C Packet Pg. 32 stuffers, postcard mailings, posters, news releases, and public notices, and the creation and airing of informational, operational, and event-related videos through social media, YouTube, Vimeo, and the City’s government cable channel. The City has historically embraced these same communication methods in conveying factual information concerning ballot measures that impact Kent. This resolution documents and memorializes this history for ease of application in the future. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Innovative Government ATTACHMENTS: 1. Resolution Election Information to Residents - Update Communication Methods (PDF) 04/02/19 Operations Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/16/2019 7:00 PM MOVER: Dennis Higgins, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Les Thomas, Bill Boyce, Dennis Higgins 8.C Packet Pg. 33 1 Elections and Ballot Measures— Public Communications RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, that updates the policy originally established through Resolution No. 1544, and updated through Resolution No. 1600, concerning the taping and airing of candidate statements and forum discussions of candidates running for local office, on an equal and nondiscriminatory basis, to account for new technology and evolved communication methods, and to expressly provide that all communication methods utilized by the City in carrying out its day- to-day business operations are similarly available to communicate objective facts in a fair manner to Kent residents concerning local ballot measures. RECITALS A. In keeping residents aware of the City’s current affairs and issues that impact City maintenance and operations, the City utilizes a variety of methods, including social media and website posts, emailed newsletters, utility bill stuffers, postcard mailings, posters, news releases, and public notices, and the creation and airing of informational, operational, and event-related videos through social media, YouTube, Vimeo, and the City’s government access cable television channel—Kent TV. The City’s video productions include roughly thirty (30) – fifty (50) videos per year, and include the following award winning productions, as determined by the National Association of Telecommunications Officers and Advisors: “Beyond the Blue - Rifle Training Day,” “Kent In the Works - 8.C.a Packet Pg. 34 At t a c h m e n t : R e s o l u t i o n E l e c t i o n I n f o r m a t i o n t o R e s i d e n t s - U p d a t e C o m m u n i c a t i o n M e t h o d s ( 1 7 1 5 : R e s o l u t i o n f o r P u b l i c C o m m u n i c a t i o n s o f 2 Elections and Ballot Measures— Public Communications Vactor Day,” “Scoop it! It’s your Doodie,” “Calling Kent Home - Danny Pierce,” and “Prop A – Sergeant Hollis.” B. Historically, the City has used these same communication methods to provide its residents with fair and objective facts concerning local ballot measures and their impact on Kent’s operations and sustainability. Through the years, new technology has continued to emerge and evolve, which has changed the communication landscape on how the City reaches its residents. These communications originally began with postcard mailings, utility bill stuffers, posters, news articles, public notices, and public meetings and discussions, but have since moved into the digital age through the current and more frequently used manners of communication, including live-streaming of public meetings and discussions, informational videos, social media and website posts, and emailed newsletters. The City expects technology to continue to evolve and wishes to embrace this evolution to ensure its residents receive information that impacts their community as timely and conveniently as possible. C. While public facilities may not be used to assist a political candidate or to promote or oppose any ballot proposition, there are exceptions, including when those facilities are available for political purposes on a nondiscriminatory, equal basis, and when those facilities are used to communicate objective facts in a fair manner and through means that are part of the “normal and regular conduct” of the agency. An activity is part of the normal and regular conduct of an agency when the conduct is lawful and usual, meaning that it is not effected or authorized by some extraordinary means or manner. D. The Public Disclosure Commission has issued guidance on the application of state law to local governments in their public communications concerning election campaigns and ballot measures. This guidance provides that it is not only the right, but the responsibility of local 8.C.a Packet Pg. 35 At t a c h m e n t : R e s o l u t i o n E l e c t i o n I n f o r m a t i o n t o R e s i d e n t s - U p d a t e C o m m u n i c a t i o n M e t h o d s ( 1 7 1 5 : R e s o l u t i o n f o r P u b l i c C o m m u n i c a t i o n s o f 3 Elections and Ballot Measures— Public Communications government to inform the general public of the operational and maintenance issues facing local agencies, which includes informing the community of the needs of the agency that the community may not realize exist. In accordance with the guidance, public funds may be spent in this undertaking, provided that the preparation and distribution of the information is not for the purpose of influencing the outcome of an election, but instead on informing the community and voting public through the presentation of objective facts. Consistent with state law and the Public Disclosure Commission’s guidance, the City’s historical communication with its residents has been to inform them of the objective and factual effects associated with local ballot measures, not to advocate for or against them. The communication methods utilized have been consistent with those used by the City to communicate with its residents in carrying out its normal and regular course of business, including postcard mailings; utility bill stuffers; posters; live-streaming of public meetings and discussions; informational videos; social media and website posts; and emailed newsletters. E. Additionally, due to the importance of having an informed electorate, the Kent City Council has historically broadcast videotaped candidate statements and forum discussions for those candidates running for local office. The provisions were originally adopted in 1999 through Resolution No. 1544 and last updated in 2001 through Resolution No. 1600. These provisions, however, did not contemplate today’s current technology and more frequent methods of communication. F. It is appropriate to update the City’s policy concerning the taping and airing of candidate presentations and forum discussions to account for new technology and evolved communication methods. At the same time, Council wishes to memorialize for staff that all communication methods utilized by the City in carrying out its day-to-day business operations are similarly available to communicate objective facts in a fair manner to Kent residents concerning local ballot measures. 8.C.a Packet Pg. 36 At t a c h m e n t : R e s o l u t i o n E l e c t i o n I n f o r m a t i o n t o R e s i d e n t s - U p d a t e C o m m u n i c a t i o n M e t h o d s ( 1 7 1 5 : R e s o l u t i o n f o r P u b l i c C o m m u n i c a t i o n s o f 4 Elections and Ballot Measures— Public Communications NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Policy Statement. It is the policy of the City of Kent that all communication methods used by the City in keeping residents aware of the City’s current affairs and issues that impact City maintenance and operations be similarly available for lawful communications by the City to its residents concerning election information. The City may inform voters on ballot measures presented for voter consideration, including any City of Kent elected positions, and measures placed on the ballot by action of the Kent City Council or by initiative or referendum of the voters. Current communication methods used by the City include live-streaming of public meetings and discussions; informational videos hosted through YouTube, Vimeo, and Kent TV; social media and website posts; emailed newsletters; utility bill stuffers; postcard mailings; posters; news releases; public notices and public meetings. These permitted communication methods shall evolve with technology and the emergence of additional communication methods, without further action required of Council, to ensure Kent residents receive information that impacts their community as timely and conveniently as possible. SECTION 2. – Election Information Video - Candidate Presentations. For each regular or special election of the City of Kent, the City may prepare an election information video to be broadcast on the City’s government access cable television channel, Kent TV, or through online posts or links to social media, Vimeo, or YouTube, or similar avenues, introducing voters to candidates running for local office. The video will be recorded by City of Kent video technicians utilizing City equipment and facilities as follows: 8.C.a Packet Pg. 37 At t a c h m e n t : R e s o l u t i o n E l e c t i o n I n f o r m a t i o n t o R e s i d e n t s - U p d a t e C o m m u n i c a t i o n M e t h o d s ( 1 7 1 5 : R e s o l u t i o n f o r P u b l i c C o m m u n i c a t i o n s o f 5 Elections and Ballot Measures— Public Communications A. Video Length. The video shall consist of three-minute presentations by each candidate for any elected position other than for Mayor. Each candidate for Mayor shall have the opportunity to prepare a five-minute presentation. Candidates may use this time to introduce themselves and present their qualifications to Kent voters. B. Timing of Recording. Initial candidate presentations will be videotaped in the three-week period following the official filing deadline for office for those candidates subject to a primary election. For those candidates who are not subject to a primary election, or who are successful in the primary and will proceed to the general election, a separate two- week period will be provided after the primary results are certified for the videotaping of final candidate presentations for the general election. Each candidate will be contacted by Kent staff to arrange a convenient time for videotaping. Candidates will be permitted no more than three takes, selecting one for presentation. C. Assembly into an Aggregate Recording for Kent TV. Taped presentations of all candidates may be assembled into one program applicable to the election for which they are named on the ballot (i.e. primary, general, or special election) and grouped by position sought. The order of presentation shall be determined by lot. Once completed, this program will then be shown on Kent TV until the day before the applicable election at reasonable air times as determined by the City. The City will make reasonable efforts to air the program daily while also varying the air time from day-to-day. D. On-Demand Viewing Online. The City may also make recorded candidate presentations available online for on-demand viewing through posts or links on the City’s website, social media, through emailed newsletters, Vimeo, YouTube, or similar avenues. The City shall not discriminate in linking to taped candidate presentations online, and shall 8.C.a Packet Pg. 38 At t a c h m e n t : R e s o l u t i o n E l e c t i o n I n f o r m a t i o n t o R e s i d e n t s - U p d a t e C o m m u n i c a t i o n M e t h o d s ( 1 7 1 5 : R e s o l u t i o n f o r P u b l i c C o m m u n i c a t i o n s o f 6 Elections and Ballot Measures— Public Communications provide equal access by linking to each presentation for all candidates running for office in the applicable election to which the presentations relate. E. Public Record Available to Candidates. Individual candidate presentations videotaped by the City are public records that may be made available to candidates on request for their lawful use. SECTION 3. - Information on Ballot Measures. A. Objective Facts Communicated in a Fair Manner. The City may provide its residents with fair and objective facts concerning ballot measures and their impact on Kent’s operations, maintenance, and sustainability utilizing any of the communication methods identified in Section 1 of this Resolution. Communications shall be informational only, and shall not advocate for or against any ballot measure. B. Inclusion in Election Information Video. Ballot measures may have a “vote yes” committee, and a “vote no” committee. Each committee will have the opportunity to prepare three-minute presentations representing their respective positions on the measure for inclusion in the election information video provided for in Section 2 of this Resolution. Each side will then have the opportunity to present a two-minute rebuttal to the other side’s statement. The order of presentation and rebuttal shall be determined by lot. Video recording and dissemination for viewing will be conducted in the same manner as described for candidate presentations in Section 2. SECTION 4. - Encouragement to Vote. The City of Kent may prepare communications encouraging individuals to register to vote, and to vote in primary, general or special elections, utilizing any of the methods identified in Section 1. 8.C.a Packet Pg. 39 At t a c h m e n t : R e s o l u t i o n E l e c t i o n I n f o r m a t i o n t o R e s i d e n t s - U p d a t e C o m m u n i c a t i o n M e t h o d s ( 1 7 1 5 : R e s o l u t i o n f o r P u b l i c C o m m u n i c a t i o n s o f 7 Elections and Ballot Measures— Public Communications SECTION 5. - Candidate Forums. Candidate forums conducted by citizen groups, associations, or organizations may be captured by the City for live-streaming, airing on Kent TV, or on-demand viewing through the City’s website, Vimeo, YouTube, social media, or similar avenues, under certain conditions. Any group wishing to have its candidate’s forum videotaped for presentation must submit a request to the City’s Director of Information Technology or designee, on a form supplied by the City, not later than 30 days prior to the scheduled forum of its desire to have the forum taped, or such shorter time as authorized by the Director or designee in advance written notice. The Director or designee shall then determine if appropriate technical staff is available at the time requested, and the suitability of the location selected for videotaping, considering both audio and video production requirements. The Director or designee will notify the applicant within approximately one week of receiving the application whether or not the City will be able to accommodate the request. Should a candidate forum be videotaped for later presentation on Kent TV, the Director or designee will schedule the forum to be shown on Kent TV at varying times of the day prior to the election. SECTION 6. - Format and Schedule Modifications. The format and schedules of taped presentations may be modified by City staff as necessary, on a nondiscriminatory basis and consistent with the intent of this resolution, to meet staffing and other scheduling demands. SECTION 7. - Recitals Incorporated. The recitals set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 8. - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. 8.C.a Packet Pg. 40 At t a c h m e n t : R e s o l u t i o n E l e c t i o n I n f o r m a t i o n t o R e s i d e n t s - U p d a t e C o m m u n i c a t i o n M e t h o d s ( 1 7 1 5 : R e s o l u t i o n f o r P u b l i c C o m m u n i c a t i o n s o f 8 Elections and Ballot Measures— Public Communications SECTION 9. - Ratification. The City Council hereby ratifies and confirms all acts previously taken that are not inconsistent with the findings of this resolution. SECTION 10. Repealed. City Council Resolution No. 1600 is hereby repealed in its entirety. SECTION 11. Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.C.a Packet Pg. 41 At t a c h m e n t : R e s o l u t i o n E l e c t i o n I n f o r m a t i o n t o R e s i d e n t s - U p d a t e C o m m u n i c a t i o n M e t h o d s ( 1 7 1 5 : R e s o l u t i o n f o r P u b l i c C o m m u n i c a t i o n s o f DATE: April 16, 2019 TO: Kent City Council SUBJECT: 2019 CDBG Annual Action Plan - Adopt MOTION: Adopt the Community Development Block Grant 2019 Annual Action Plan (including funding allocations and contingency plans), and authorize the Mayor to execute the appropriate certifications and agreements. SUMMARY: The City of Kent receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) as an Entitlement City. To receive this funding, the City is required to submit a Five-Year Consolidated Plan for Housing & Community Development. The City’s Consolidated Plan is in effect from 2015-2019. Prior to the beginning of each year of the Consolidated Plan, the City must inform HUD and the community of the specific actions that the City will execute to implement the objectives and strategies of the Consolidated Plan; this is outlined in the 2019 Action Plan. The Action Plan also includes the allocation of estimated resources that will be used to carry out the objectives and strategies, and a description of each program that will receive funds. In addition to investing the full 15% allowable by law into public service activities and 20% in planning and administration, the City recommends that a significant portion of CDBG funds be used to support the City's Home Repair Program. This program serves many low-income, disabled and senior homeowners in Kent by providing needed repairs to maintain and preserve housing. The City will submit its 2019 Action Plan to HUD once it is notified of the exact amount of its funds. We anticipate this will be in mid to late April. Citizen Participation: • On February 25, 2019, the City held its first public hearing to receive comments from Kent residents, low/moderate-income persons, non- governmental organizations (AKA nonprofits), and other interested parties regarding the development of the City’s 2019 CDBG Annual Action Plan (this was a hearing to take comments before the draft Action Plan was released). • On March 12, 2019, the City of Kent published a public notice on its website and informed the community, organizations, and stakeholders that the draft 2019 CDBG Annual Action Plan was available for review and comment for a period of thirty (30) days. 8.D Packet Pg. 42 • On March 26, 2019, the Human Services Division convened an evening public hearing for the purpose of taking comments on the 2019 Annual Action Plan. Human Services Commission Review: The Human Services Commission reviewed the Action Plan during its meeting on March 21, 2019. BUDGET IMPACT: The estimate of $1,145,186. may increase or decrease depending upon the final federal appropriations bill Congress passes and how much money is allocated to HUD. The recommended funding includes a contingency plan to address any potential fund changes that may occur when the City receives its award notification letter from HUD. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Innovative Government ATTACHMENTS: 1. 2019 Annual Action Plan (PDF) 2. blank app for Fed Assist SF424_Page_1 (PDF) 3. blank app for Fed Assist SF424_Page_2 (PDF) 4. blank app for Fed Assist SF424_Page_3 (PDF) 5. cert non-construction SF424B-V1 1_Page_1 (PDF) 6. cert non-construction SF424B-V1 1_Page_2 (PDF) 04/02/19 Operations Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/16/2019 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: Dennis Higgins, Councilmember AYES: Les Thomas, Bill Boyce, Dennis Higgins 8.D Packet Pg. 43 Annual Action Plan 2019 1 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The Consolidated Plan for Housing and Community Development is a report which informs the community, stakeholders and the Department of Housing and Urban Development (HUD) how the City of Kent (hereinafter referred to as “the City”) will invest its Community Development Block Grant from 2015-2019. This report is for the fifth year of the CP (2019). The report also identifies the objectives and strategies that will guide the City’s investment. Objectives and strategies are fueled by the City’s overarching goal to build a healthy community. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The broad national objectives are as follows: Activities benefiting low/moderate-income persons Activities which aid in preventing or eliminating slums or blight Activities meeting community development needs that have a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources do not exist to meet such needs The 2015-2019 Consolidated Plan directs funds predominately toward meeting the national objective of benefitting low/moderate-income persons. Outcomes are as follows: Accessibility to a suitable living environment Accessibility to decent and affordable housing 8.D.a Packet Pg. 44 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 2 OMB Control No: 2506-0117 (exp. 06/30/2018) 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. During the past year, the City realized significant gains on its investments and improved the lives of many Kent residents. Outcomes for 2018 were: Accessibility to decent housing 115 households received home repair assistance 166 persons received transitional housing 7 individuals received shelter 182 housing stability grants were provided (these grants are largely unduplicated) Accessibility to suitable living environment 69 youth with intellectual disabilities received case management services 45 persons received employment and training assistance 100 refugee students received educational support 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The development of the Annual Action Plan included a citizen participation process involving public notification of the availability of the plan draft and an opportunity for comments prior to finalizing the Action Plan. Those notified included limited English speaking persons, racial and ethnic minorities, and new Americans. Persons with disabilities were encouraged to participate, and the public notice included a description of how accommodations are provided for people with disabilities. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. The City hosted a meeting and public hearing prior to the release of its Annual Action Plan, and then hosted a second public hearing after the draft was released. Comments from the meeting and public hearings are listed below. One individual commented that less funding should go to home repair and people that have homes and can build equity. There are a lot of programs for homeowners. 8.D.a Packet Pg. 45 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 3 OMB Control No: 2506-0117 (exp. 06/30/2018) Address infrastructure for the homeless-there should be a permanent facility for programs. The City needs to be more accountable on who makes decisions. Vendors or people that possibly receive funding shouldn’t be on the group – commission – that makes the decisions. Specific to homelessness – does the City capture data/funding – what are the costs for homelessness? Is the City data driven in decision making? A reference was made to reports about Hawaii and Utah – the states that are making progress on homelessness. The City of Kent should put pressure on the State to analyze the numbers and ensure progress is being made to address homelessness. Foster care: youth exiting foster care – are there any programs or services? There is a big group of those who are homeless or at-risk for homelessness. There is a program that shows that providing access to a 2-year college degree for youth in foster care really helps with stability. The commentator mentions a program in Seattle that provides college for all youth. There should be more of a focus on men; we need 20 – 30 beds of enhanced shelter, there should be services on site. During the severe weather shelter there was an opportunity to have mental health services on-site, provided assistance with housing, and to provide information on how to access services. What are our peer cities doing with CDBG funding? Is there anything innovative or that we could try that would allow the City to do things differently? Concerns expressed about how animals are treated – people can’t take their pets into shelter, so people don’t go to shelter; they are turned away. Transparency is important – the city needs to be more transparent about its process to allocate funds for projects. Four seniors provided comments at the second public hearing thanking the City for providing needed repairs to their houses through the Kent Home Repair Program. Without help from the City, the seniors stated they don’t know how they would have been able to afford to make repairs. At the second public hearing, one individual from Auburn thanked the City for providing home repair assistance to help her sister on needed work done to her Kent home. One individual thanked City staff for its management of the CDBG program and appreciated the difficulty in determining how to equitably allocate CDBG funds in the community. 6. Summary of comments or views not accepted and the reasons for not accepting them N/A. 7. Summary [To be added after the public comment period closes.] 8.D.a Packet Pg. 46 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 4 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administra tion of each grant program and funding source. Agency Role Name Department/Agency Lead Agency KENT CDBG Administrator Merina Hanson & Dinah Wilson City of Kent, Housing & Human Services HOPWA Administrator HOME Administrator HOPWA-C Administrator Table 1 – Responsible Agencies Narrative Human Services Manager, Merina Hanson, administers the program; and Senior CDBG Coordinator, Dinah Wilson manages the program. Both have over fifteen years of experience administering and managing housing and human services projects. Consolidated Plan Public Contact Information Merina Hanson, Housing & Human Services Manager, Program Administrator City of Kent 220 4th Ave. S Kent, WA 98032 (253) 856-5070/mhanson@kentwa.gov 8.D.a Packet Pg. 47 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 5 OMB Control No: 2506-0117 (exp. 06/30/2018) Dinah R. Wilson, Senior CDBG Coordinator, CDBG Program Manager Same address & phone drwilson@kentwa.gov 8.D.a Packet Pg. 48 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 6 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-10 Consultation - 91.100, 91.200(b), 91.215(l) 1. Introduction The City of Kent consulted with multiple entities, including South King County cities (the cities of Auburn and Federal Way are the two other entitlement cities in South County), the King County Housing Authority, King County Department of Community and Human Services, nonprofit agencies delivering services in Kent and the sub-region, Washington State Department of Social and Health Services, Public Health-Seattle and King County, Kent Cultural Diversity Initiative Group, and United Way of King County. The City of Kent carries out homeless planning and coordination as a regional issue. Kent works with All Home, King County, cities, mainstream systems, Safe Harbors, housing funders, community agencies, United Way, the private sector (including businesses), and those with current or prior lived experience with homelessness. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)). Kent Housing and Human Services Division meets regularly with other King County jurisdictions, public housing authorities and State Departments to develop strategies and implement plans to improve the quality of service and access for low-income residents in the city and throughout the region. Additionally, the City participates in quarterly meetings with King County staff, including Public Health Seattle/King County, to review implementation and delivery of services funded through regional efforts. The City will continue to participate in All Home strategic planning efforts, funding review panels for Continuum of Care (CoC), Emergency Shelter Grant, McKinney funding, and other housing funding application review teams. The City also participates in the Refugee Housing Task Force hosted by DSHS, Office of Refugee and Immigrant Assistance. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Staff worked extensively in 2018 to develop an Interlocal Agreement as the continuation and expansion of three years of piloting formal collaboration on housing and homelessness issues between six cities in South King County, including Kent. Kent has contributed funds to the South King Housing and Homelessness Partnership since 2016; this partnership provided additional staff capacity for tracking, developing, and implementing policies related to affordable housing and homelessness to the participating cities. City staff and the Mayor attended collaborative meetings in 2018 to plan the future of the South King Housing and Homelessness Partnership project. Meetings were held in March, June, and October and solidified the intention of nine cities and King County to enter into an Interlocal 8.D.a Packet Pg. 49 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 7 OMB Control No: 2506-0117 (exp. 06/30/2018) Agreement starting this year. Funding for the project will continue to be allocated from within Human Services’ General Fund budget. Kent staff and other South King County stakeholders continue to meet to deepen cross-jurisdictional coordination, create a common understanding for housing and homelessness needs and strategies for South King County, and move forward strategies in the South King County Response to Homelessness. Two separate groups currently meet – the South King County Homeless Action Committee and the South King County Joint Planners. Staff regularly participates in regional Continuum of Care (CoC) discussions. The City of Kent Human Services Manager represented Kent and South King County on an intensive core workgroup examining the current homelessness governance structure in Seattle/King County. King County Executive Dow Constantine and Seattle Mayor Jenny Durkan ultimately advanced support for a new unified entity that will set policy and fund solutions to make homelessness rare, brief, and one-time. Leaders hope that a new independent entity will have the accountability and authority to strengthen coordination and improve outcomes for people experiencing homelessness. It is expected that the entity’s primary authority and purview will include: Unifying prevention and emergency funding and services including shelter, outreach, and diversion; Coordinating permanent supportive housing, transitional housing, and rapid rehousing; Overseeing policy, contract management, performance management, and technical assistance; Continuum of Care funding and functions required by the U.S. Department of Housing and Urban Development to receive federal funding; and Clear metrics and milestones for measuring success and for accountability. Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City consults with All Home, which in turn, consults with the State on behalf of the local jurisdiction. Staff participates in the All Home Funder Alignment Committee and Joint Recommendations Committee, which review recommendations for allocation of funds. Staff consults with King County on HUD HMIS data standards and performance indicators to capture and evaluate the CoC’s performance regarding the reduction of homelessness through investments in homeless housing and services, and rapid re- housing. 2. Agencies, groups, organizations and others who participated in the process and consultations 8.D.a Packet Pg. 50 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 8 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization CATHOLIC COMMUNITY SERVICES Agency/Group/Organization Type Housing Services - Housing Services-homeless Regional organization What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments were considered before the City submitted a final plan to HUD. 2 Agency/Group/Organization Mother Africa What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments were considered before the City submitted a final plan to HUD. 3 Agency/Group/Organization Multi-Service Center Agency/Group/Organization Type Housing Services - Housing Services-homeless Regional organization 8.D.a Packet Pg. 51 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 9 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments were considered before the City submitted a final plan to HUD. 4 Agency/Group/Organization Partner in Employment Agency/Group/Organization Type Services-Employment Regional organization Immigrants & Refugees What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Non-Homeless Special Needs Services for LEP individuals, immigrants & refugees Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments were considered before the City submitted a final plan to HUD. 5 Agency/Group/Organization Open Doors for Multicultural Families Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment; executive director provided comments at Public Hearing. Comments were considered before the City submitted a final plan to HUD. 8.D.a Packet Pg. 52 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 10 OMB Control No: 2506-0117 (exp. 06/30/2018) 6 Agency/Group/Organization St. Stephen Housing Association Agency/Group/Organization Type Housing Services - Housing Services-homeless What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments were considered before the City submitted a final plan to HUD. 7 Agency/Group/Organization Puget Sound Training Center Agency/Group/Organization Type Regional organization Employment What section of the Plan was addressed by Consultation? Economic Development Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments were considered before the City submitted a final plan to HUD. 8 Agency/Group/Organization West African Community Council Agency/Group/Organization Type Regional organization Legal Services What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Non-Homeless Special Needs Services for LEP individuals, immigrants & refugees 8.D.a Packet Pg. 53 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 11 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments were considered before the City submitted a final plan to HUD. 9 Agency/Group/Organization YWCA Agency/Group/Organization Type Housing Services-Children Services-Victims of Domestic Violence Services-homeless What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments were considered before the City submitted a final plan to HUD. Identify any Agency Types not consulted and provide rationale for not consulting All agency types were consulted either in person, via email, or the City provided a link to the AAP draft and provided information on how the agency could comment. Most of the agencies listed-above were awarded CDBG or Parallel Application Human Services General Funds in 2018. A host of other agencies and entities were also consulted; e.g., King County Housing Authority, Mercy Housing NW, Kent Youth & Family Services, Coalition for Refugees from Burma, Kent Black Action Commission, People of Color Against Aids Network (POCAAN), United Way of King County, Kent Cultural Diversity Initiative Group, World Relief Seattle, Lutheran Counseling Services, Public Health - Seattle/King County, Seattle Foundation, Kent School District, Heart of African Services, Mother Africa, Green River Community College, Valley Cities Counseling, Puget Sound Education Service District, King County Sexual Assault Resource Center, Habitat for Humanity Seattle, Washington Rehabilitation Council, King County Bar Association, Communities in Schools Kent, etc. 8.D.a Packet Pg. 54 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 12 OMB Control No: 2506-0117 (exp. 06/30/2018) Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care King County Overlaps with City's goal of accessibility to decent housing. McKinney Continuum of Care-Supportive Housing Program: funds transitional housing and related supportive service for people moving from homelessness to independent living, as well as permanent housing. All Home King County Overlaps with City's goal of accessibility to decent housing: Plan calls for prevention of homelessness & creation of new permanent housing and supportive services for those who need them to maintain housing Move to Work Annual Plan King County Housing Authority Overlaps with City's goal of accessibility to decent housing: Plan calls for prevention of homelessness & creation of new permanent housing and supportive services for those who need them to maintain housing Table 3 - Other local / regional / federal planning efforts Narrative 8.D.a Packet Pg. 55 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 13 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The development of the Annual Action Plan included a citizen participation process involving public notification of the availability of the plan draft and an opportunity for comments prior to finalizing the Action Plan. People with disabilities were encouraged to participate, and the public notice included a description of how accommodations are provided for people with disabilities. 8.D.a Packet Pg. 56 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 14 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Outreach (comments submitted after the City releases the AAP draft will be added after the comment period closes) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 8.D.a Packet Pg. 57 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 15 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Hearing Minorities Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Limited English Speaking Four Kent residents attended the public meeting/hearing held prior to the release of the Action plan. Five individuals attended the public hearing - One individual felt less funding should go to home repair and people that have homes and can build equity. There are a lot of programs for homeowners - Infrastructure for the homeless needs to be addressed, including a permanent facility for programs - The City needs to be more accountable on who makes decisions. Vendors or people that possibly receive funding shouldn’t be on the Human Services Commission -There should be more of a focus on men; we need 20 – 30 beds of enhanced shelter, there should be services on site. N/A 8.D.a Packet Pg. 58 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 16 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 2 Internet Outreach Minorities Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing None None N/A 3 E-Mail Minorities Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Table 4 – Citizen Participation Outreach 8.D.a Packet Pg. 59 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 17 OMB Control No: 2506-0117 (exp. 06/30/2018) Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The City of Kent anticipates having the following funding sources available over the next five years: CDBG City of Kent General Fund Allocation for Human Services Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 1,145,186 0 0 1,145,186 1,145,186 CDBG funds leverage additional federal and state funds. Agencies are able to combine funding sources in order to provide a wider range of services to the community. General Fund public - federal Public Services 956,938 0 0 956,938 956,938 City of Kent General Funds dedicated by ordinance for human services Table 5 - Expected Resources – Priority Table 8.D.a Packet Pg. 60 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 18 OMB Control No: 2506-0117 (exp. 06/30/2018) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied CDBG funds do not require a match; however we are constantly looking for additional funds to supplement the CDBG Program. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the ne eds identified in the plan N/A Discussion 8.D.a Packet Pg. 61 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 19 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Affordable Housing to homeless and those at risk 2015 2019 Affordable Housing Homeless Affordable Housing CDBG: $792,371 Public service activities for Low/Moderate Income Housing Benefit: 40 Households Assisted Homeowner Housing Rehabilitated: 80 Household Housing Unit (more are served) 2 Basic Needs 2015 2019 Homeless Non-Housing Community Development Basic Needs Services CDBG: $102,278 Public service activities other than Low/Moderate Income Housing Benefit: 142 Persons Assisted 3 Planning and Administration 2015 2019 Planning and Administration Planning and Administration CDBG: $229,037 Other: 0 Other 4 Increase Self Sufficiency 2015 2019 Non-Housing Community Development Economic Opportunities CDBG: $21,500 Other: 50 Other Table 6 – Goals Summary Goal Descriptions 8.D.a Packet Pg. 62 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 20 OMB Control No: 2506-0117 (exp. 06/30/2018) 1 Goal Name Affordable Housing to homeless and those at risk Goal Description 2 Goal Name Basic Needs Goal Description 3 Goal Name Planning and Administration Goal Description 4 Goal Name Increase Self Sufficiency Goal Description This goal will provide increase self-sufficiency by providing training and employment. 8.D.a Packet Pg. 63 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 21 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-35 Projects - 91.420, 91.220(d) Introduction The projects funded by the City in 2019 address the priority needs of providing assistance to prevent and respond to homelessness, maintain affordable housing, housing for the homeless, services for individuals with intellectual disabilities, legal services for immigrants, and increasing economic opportunities. Services include minor home repair, rent assistance to prevent eviction, case management for youth with intellectual disabilities and their families, shelter and transitional housing, legal services for immigrants, and an employment and training program for underserved residents. # Project Name 1 Kent Home Repair Program-Minor Home Repair 2 Planning and Administration 3 Catholic Community Services-Katherine's House 4 Mother Africa-SAFARI 5 Multi-Service Center-Housing Stability 6 YWCA-Anita Vista Transitional Housing 7 Open Doors for Multicultural Families-Youth Case Management 8 St. Stephen Housing Association-Transitional Housing 9 Puget Sound Opportunities Industrialization Center (PSTC)- Employment & Training Services 10 Partner in Employment-Job Readiness and Training 11 West African Community Council-Immigration Legal Program Table 7 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City's distribution of funds aligns with the City's objectives of accessibility to decent housing, a suitable living environment and economic opportunities. CONTINGENCY PLANS Public Services In the event of a funding increase, the amount will be averaged among projects. In the event of a funding decrease, the amount of the decrease will be averaged among projects as long as the allocation does not dip below $10,000. Capital In the event of a funding increase, funds will be allocated to the City's Home Repair Program (HRP) 8.D.a Packet Pg. 64 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 22 OMB Control No: 2506-0117 (exp. 06/30/2018) and/or a community-identified capital project (HRP). In the event of a funding decrease, the HRP will be reduced. 8.D.a Packet Pg. 65 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 23 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information 8.D.a Packet Pg. 66 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 24 OMB Control No: 2506-0117 (exp. 06/30/2018) 1 Project Name Kent Home Repair Program-Minor Home Repair Target Area City of Kent Goals Supported Affordable Housing to homeless and those at risk Needs Addressed Affordable Housing Funding CDBG: $744,371. Description Capital: Low/moderate-income homeowners in Kent receive minor home repairs Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 80 households will benefit from this activity. Location Description City of Kent Planned Activities Minor home repairs 2 Project Name Planning and Administration Target Area City of Kent Goals Supported N/A Needs Addressed Planning and Administration Funding CDBG: $229,037 Description City uses funds to administer the CDBG project carried out by the City, to monitor sub- recipients, and to deliver strategies outlined in the 2015-2019 Consolidated Plan. Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description City of Kent 8.D.a Packet Pg. 67 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 25 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities Planning and administration activities to carry out the CDBG program. 3 Project Name Catholic Community Services-Katherine's House Target Area City of Kent Goals Supported Affordable Housing to homeless and those at risk Needs Addressed Affordable Housing Funding CDBG: $13,000 Description Public Service: Sub-recipient provides shelter and case management services to women residing in transitional shelter Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 1 individual will benefit. Location Description City of Kent Planned Activities Shelter & case management 4 Project Name Mother Africa-SAFARI Target Area City of Kent Goals Supported Basic Needs Needs Addressed Basic Needs Services Funding CDBG: $15,000 Description Public Service: Sub-recipient provides case management and referral services to connect residents, predominately of African & Middle Eastern descent, to resources 8.D.a Packet Pg. 68 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 26 OMB Control No: 2506-0117 (exp. 06/30/2018) Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 42 individuals will benefit. Location Description City of Kent Planned Activities Case management referral 5 Estimate the number and type of families that will benefit from the proposed activities Multi-Service Center-Housing Stability Location Description 12/31/2019 Planned Activities Basic Needs Needs Addressed Basic Needs Services Funding CDBG: $57,278 Description Public Service: Funding used for housing stability grants to low-income individuals Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 48 individuals will benefit. Location Description City of Kent Planned Activities Rental assistance grants provided to third parties on behalf of Kent residents. 6 Project Name YWCA-Anita Vista Transitional Housing Target Area City of Kent Goals Supported Affordable Housing to homeless and those at risk Needs Addressed Affordable Housing Funding CDBG: $20,000 8.D.a Packet Pg. 69 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 27 OMB Control No: 2506-0117 (exp. 06/30/2018) Description Public Service: Project provides transitional housing to domestic violence survivors and their children Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 14 individuals will benefit. Location Description City of Kent Planned Activities Transitional housing and case management 7 Project Name Open Doors for Multicultural Families-Youth Case Management Target Area City of Kent Goals Supported Basic Needs Needs Addressed Basic Needs Services Funding CDBG: $15,000 Description This project provides case management services to youth with intellectual disabilities and their families. Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 22 individuals will benefit. Location Description City of Kent Planned Activities Case management services for special needs youth and their families 8 Project Name St. Stephen Housing Association Target Area City of Kent Goals Supported Affordable Housing to homeless and those at risk 8.D.a Packet Pg. 70 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 28 OMB Control No: 2506-0117 (exp. 06/30/2018) Needs Addressed Affordable Housing Funding CDBG: $15,000 Description This project provides temporary housing to homeless families. Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 25 individuals will benefit. Location Description City of Kent Planned Activities Transitional housing 9 Project Name Puget Sound Opportunities Industrialization Center (PSTC)-Employment & Training Services Target Area City of Kent Goals Supported Increase Self Sufficiency Needs Addressed Economic Opportunities Funding CDBG: $6,500 Description This project provides employment and training services to underserved individuals. Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 40 individuals will benefit. Location Description City of Renton Planned Activities Job training and employment 10 Project Name Partner in Employment Target Area City of Kent 8.D.a Packet Pg. 71 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 29 OMB Control No: 2506-0117 (exp. 06/30/2018) Goals Supported Increase Self Sufficiency Needs Addressed Economic Opportunities Funding CDBG: $15,000 Description Funds used to provide culturally responsive case management & job readiness skills to prepare Kent immigrants and refugees find employment. Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 10 individuals will benefit. Location Description City of Kent Planned Activities Case management & job readiness 11 Project Name West African Community Council Target Area City of Kent Goals Supported Basic Needs Needs Addressed Basic Needs Services Funding CDBG: $15,000 Description This project provides culturally responsive legal assistance to immigrants. Target Date 12/31/2019 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 30 individuals will benefit. Location Description City of Kent 8.D.a Packet Pg. 72 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 30 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities Legal assistance for immigrants 8.D.a Packet Pg. 73 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 31 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed CDBG funds are distributed throughout the city. Low/moderate-income households exist in all of the census tracts in the city. The heavier concentrations can be found on both the East and West Hill of Kent. Geographic Distribution Target Area Percentage of Funds Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City is allocating investments throughout Kent because poverty is concentrated in multiple areas. Discussion Poverty is high in pockets throughout the City (over 20%), and just over half of the students in the Kent School District qualify for free and reduced lunches. Unemployment and dependence on public assistance has forced many households to use public services for basic needs; including food, utility assistance, rental assistance, medical services, etc. Housing costs continue to increase in Kent. According to the apartment web service, Rent Café, the average cost for an apartment in Kent is $1,465 (average one-bedroom size), and this represents a 5% increase from the average cost in 2018.The increased need and high number of service requests at local nonprofits support the urgency for the City’s investments. 8.D.a Packet Pg. 74 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 32 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction A great deal of staff time is used to educate and familiarize the community and policymakers about the evolving definition of "affordable housing". Although a large percentage of affordable housing located in the City is well-maintained, some of the stock is deteriorating and contributes to the perception that affordable housing is an eyesore in the community. This is a barrier to adding additional stock, and a priority is to upgrade stock when needed and encourage responsible ownership. To increase community awareness about the growing need for affordable housing, staff will provide housing tours and information to policymakers and residents and about good affordable housing models. In January 2017, the Kent City Council unanimously passed a Source of Income Discrimination Ordinance. This tenant protection ensures that people already facing high barriers to housing are not discriminated against solely based on use of a Section 8 voucher or other form of public assistance. This can have a significant impact on communities like Kent whose low income residents disproportionately need to rely on housing subsidies t o make ends meet, including households of color, seniors, veterans, people with disabilities, and single parent households with young children. The City Council took great strides in 2016 by including funding in the 2017-2018 budget to enact a Proactive Rental Inspection program in the City of Kent. This tool will both help protect tenants who fear speaking up about substandard housing conditions, and ensure that rental properties are adequately maintained. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housi ng such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City works with the community and the Economic and Community Development Department on these issues as they arise and/or are identified; however, no specific actions are planned for 2019. There will be increased attention in this area in 2019 as cities review the Regional Affordable Housing Task Force’s Five Year Action Plan. The Action Plan includes strategies that cities can consider that would help ensure an adequate housing supply countywide to meet the needs of low income individuals and families who are considered cost-burdened. Additionally the City of Kent Staff worked extensively in 2018 to develop an Interlocal Agreement as the continuation and expansion of three years of piloting 8.D.a Packet Pg. 75 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 33 OMB Control No: 2506-0117 (exp. 06/30/2018) the City of Kent has contributed funds to the multi-jurisdiction supported South King Housing and Homelessness Partnership (SKHHP) project in 2019. The cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County have entered into an Interlocal Agreement around the common goal of ensuring the availability of housing that meets the needs of all income levels in South King County. The goal is to act cooperatively to formulate affordable housing policies and strategies that address housing stability, to foster efforts to preserve and provide affordable housing by combining public funding with private-sector resources, to support implementation of the goals of the Washington State (the “State”) Growth Management Act, related countywide planning policies, and other local policies and programs relating to affordable housing. Discussion No additional discussion. 8.D.a Packet Pg. 76 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 34 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-85 Other Actions - 91.420, 91.220(k) Introduction The City of Kent will enhance coordination by continuing to work with racial and ethnic minority providers to develop strategies that increase collaboration and leveraging of resources. The City of Kent will continue work to reduce the number of families in poverty by maintaining relationships with local training schools, encouraging business to hire low-income residents, encouraging and supporting collaboration between employment specialists, and outreach to increase opportunities for low-income residents to obtain livable wage jobs. The Kent Community Development Collaborative (KCDC), an equitable community development alliance, was created to improve community outcomes focused on housing, health and economic security. Community engagement and leadership development are overarching priorities in KCDC’s work. KCDC is led by the Community Network Council and includes the following organizations: Coalition for Refugees from Burma, Centro Rendu, Somali Youth and Family Club, Mother Africa, BEST, Iraqi Community Center and Communities in Schools-Kent. The City of Kent’s role is to offer support, help leverage addition resources, assist with data gathering, and to participate in workgroups. KCDC received a two-year grant of $500,000 from Communities of Opportunity. The City will continue to help build alliances among stakeholders, nonprofits, Ethnic Community-Based Organizations (ECBOs), businesses, and community residents to advance common interests. Actions planned to address obstacles to meeting underserved needs The City is actively engaged with refugee and immigrant communities through Kent Cultural Diversity Initiative Group (KC-DIG). The City will continue to partner with regional funders like The Seattle Foundation, King County, and United Way of King County to increase resources and funding to meet the needs of under-served populations. City staff will continue to work with The Seattle Foundation and King County on the Communities of Opportunity Grant which provides funds to organizations whose activities reduce inequities in the areas of health, housing and economic opportunities. In 2016, the City appointed a Cultural Communities Advisory Board to the Mayor and City Counsel. The CDBG Program will collaborate with the CCB to identify strategies to decrease homelessness in our immigrant/refugee populations, increase accessibility and civic engagement, and to increase culturally/linguistically-responsive services. Staff will continue to participate on the King County Refugee Housing Task Force, which is led by DSHS, Office of Immigrant and Refugee Assistance. This stakeholders’ group works collaboratively to influence policies, resources, and the public’s interest to increase affordable housing for refugees. 8.D.a Packet Pg. 77 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 35 OMB Control No: 2506-0117 (exp. 06/30/2018) The CDBG Coordinator attended Racial Equity in Education gatherings in 2018 to support the Kent School District in its efforts to improve education opportunities and academic performance for immigrant and refugee students and students of color. Additional educational support will be provided to the Kent School District in 2019 to improve outcomes for students. Kent’s Human Services Manager has been actively involved in regional discussions about governance in the Seattle/King County homelessness system. In August of 2018 the City of Seattle and King County partnered with Future Laboratories to launch a community-driven process of listening, and ultimately, designing a stronger regional response. A key part of the process going forward will be to design with equity in mind, building a system that is responsive to the needs of those who are at the highest risk for prolonged or multiple episodes of homelessness. While service systems are traditionally built with the input of “experts” as the guiding voices, delivering services that are effective means the input of people utilizing those services must be understood as the primary data source. Actions planned to foster and maintain affordable housing The City will continue its long-term collaboration and participation on Boards, committees, funding review teams; etc., to foster and maintain affordable housing for the South County Region. Through sub- regional efforts, City staff and stakeholders will engage in discussions with elected officials and Land Use and Planning Board members about the impact that affordable housing has on the long term viability of the community. As part of the South King Housing and Homelessness Partnership project, staff will review opportunities to implement strategies recommended by the Regional Affordable Housing Task Force. Actions planned to reduce lead-based paint hazards No actions are planned. Actions planned to reduce the number of poverty-level families Actions to reduce the number of poverty level families includes working with regional and local partners to identify a culturally responsive strategy to increase employment opportunities for refugees and immigrants in manufacturing businesses, maintaining relationships with local training schools, encouraging business to hire low-income residents and outreach to increase opportunities for low- income residents to obtain livable wage jobs. The City also collaborates with the Financial Empowerment Network. Throughout the research staff participated in regarding homelessness it is clear that we must prioritize economic stability to reduce inflow into homelessness. That research will be included in planning process in 2019. Actions planned to develop institutional structure In 2018, the City hired a consultant to evaluate its Parallel Human Services Application process (PAP). 8.D.a Packet Pg. 78 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 36 OMB Control No: 2506-0117 (exp. 06/30/2018) PAP was piloted in 2017-2018 and extended to 2019-2020. The purpose is to use a streamlined application process to increase funds to under-served and under-resourced organizations that receive a disproportional percentage of human services funds but provide a great deal of service to Kent residents. We will use lessons learned from the Parallel Application pilot to simplify the human services application process and increase access to our smaller and Ethnic Community-Based Organizations. Actions planned to enhance coordination between public and private housing and social service agencies The City has been instrumental in developing relationships between these entities and will continue to foster and participate in these collaborations, including the Homeless Forum (a monthly meeting of housing and support service providers), South King Council of Human Services, South King County Housing Development Group, and the King County Housing Development Consortium. The South King County Housing and Homelessness Partnership will be a key driver of enhancing coordination in this area in 2019 and 2020 as well. Discussion No additional discussion. 8.D.a Packet Pg. 79 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 37 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction The City of Kent will use CDBG funds to benefit low/moderate-income residents. The full amount allowable by regulation will be used for Public Services and Planning and Administration. The balance of funds will be used for housing rehabilitation services and economic development. The City will not receive program income from prior years. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 8.D.a Packet Pg. 80 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) Annual Action Plan 2019 38 OMB Control No: 2506-0117 (exp. 06/30/2018) Discussion The City will use all of its funds to benefit low/moderate-income individuals and households. 8.D.a Packet Pg. 81 At t a c h m e n t : 2 0 1 9 A n n u a l A c t i o n P l a n ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) 8.D.b Packet Pg. 82 At t a c h m e n t : b l a n k a p p f o r F e d A s s i s t S F 4 2 4 _ P a g e _ 1 ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) 8.D.c Packet Pg. 83 At t a c h m e n t : b l a n k a p p f o r F e d A s s i s t S F 4 2 4 _ P a g e _ 2 ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) 8.D.d Packet Pg. 84 At t a c h m e n t : b l a n k a p p f o r F e d A s s i s t S F 4 2 4 _ P a g e _ 3 ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) 8.D.e Packet Pg. 85 At t a c h m e n t : c e r t n o n - c o n s t r u c t i o n S F 4 2 4 B - V 1 1 _ P a g e _ 1 ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) 8.D.f Packet Pg. 86 At t a c h m e n t : c e r t n o n - c o n s t r u c t i o n S F 4 2 4 B - V 1 1 _ P a g e _ 2 ( 1 7 2 1 : 2 0 1 9 C D B G A n n u a l A c t i o n P l a n - A d o p t ) DATE: April 16, 2019 TO: Kent City Council SUBJECT: Agreement with CSDC, Inc, for the Amanda Permitting and Land Management Software - Authorize MOTION: Authorize the Mayor to sign all necessary documents to enter into agreements with CSDC Inc, to replace the existing Kiva system with Amanda, subject to final terms and conditions acceptable to the Information Technology Director and the City Attorney, for a total amount not to exceed $1,679,120. SUMMARY: The City’s Information Technology Department is assisting the Economic and Community Development Department in its replacement of the end- of-life Kiva system. This replacement is currently expected to cost no more than $1,679,120. CSDC’s Amanda solution for permitting and land management has been identified through discovery and analysis to be the solution that meets the City’s business and technical requirements. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Exhibit A-CSDC Master License and Services Agreement (PDF) 2. Exhibit B-CSDC Amanda SOW 0 (PDF) 3. Exhibit C-CSDC Amanda SOW 1 (PDF) 4. Exhibit D-CSDC Amanda SOW 2 (PDF) 5. Exhibit E-Permit and Land Management System Replacement Position Paper (PDF) 6. Exhibit F-Critical Path Diagram-Business Systems (PDF) 04/02/19 Operations Committee RECOMMENDED TO COUNCIL 8.E Packet Pg. 87 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/16/2019 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: Dennis Higgins, Councilmember AYES: Les Thomas, Bill Boyce, Dennis Higgins 8.E Packet Pg. 88 1 CSDC MASTER LICENSE AND SERVICES AGREEMENT This CSDC Master License and Services Agreement (“MLSA”) is effective as of _______________________ (“Effective Date”) and is between the CSDC entity defined in Section 2 of the General Terms below (“CSDC”) and the government office or agency (the “Purchaser”) identified in an Order, as the term Order is defined below. This MLSA consists of the general terms stated in the main body of the agreement that are applicable to all of CSDC’s products and services (“General Terms”) and Exhibits stating terms applicable to specific products or services (“Product Specific Terms”), as follows: Exhibit A: On Premises Software License Exhibit B: Hosted Software Services Exhibit C: Support Terms Exhibit D: Professional Services GENERAL TERMS 1. AGREEMENT Purchaser and CSDC expect to enter into one or more orders, statements of work, service orders, or other transaction documents (and “Order”) under which Purchaser will purchase CSDC software licenses and related services, subject to the terms and conditions of this MLSA. Upon mutual acceptance and execution, an Order shall become a part of the MLSA and incorporated herein.. CSDC may accept an order document by counter-signing and returning it or by delivering the licenses or beginning the service, as applicable, as further described in the applicable Product Specific Terms. Nothing in this MLSA obligates the Purchaser to purchase, or CSDC to provide, any licenses or services. Each Order that is entered into is a binding commitment for the purchase and sale of the licenses and services described in the Order, subject to the terms, conditions, and restrictions stated in this MLSA. 2. DEFINED TERMS The following words, when capitalized, have the meaning stated: Agreement means, collectively, this MLSA, the Order(s), and any addenda, appendix, or exhibit attached to any of them, as any of them may be amended pursuant to Section 25.4 (Amendments). Business Day means Monday through Friday 9:00 a.m. – 5:00 p.m. United States Central Time, excluding public holidays in the country whose laws govern the Agreement. CSDC means the CSDC Affiliate identified in the Order, or if none is identified, CSDC Inc., a Delaware corporation. CSDC Configuration Requirements means the CSDC specifications stated in an Order or in the applicable Documentation for the use of the Software. Confidential Information means all information disclosed by one party to the other party, on any media, whether before or after the effective date of the Agreement that the law recognizes as confidential and exempt from state 8.E.a Packet Pg. 89 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 2 public disclosure laws: (i) the recipient should reasonably understand to be confidential, such as (A) for Purchaser, all Purchaser Information, and (B) for CSDC, unpublished prices and other terms of service, audit and security reports, product development plans, network configuration, vendors and other proprietary information or technology; or (ii) is marked or otherwise conspicuously designated as confidential. Information that is independently developed by a party without reference to the other's Confidential Information, or that becomes available to a party, other than through violation of this Agreement or applicable law, is not "Confidential Information" of the other party. Confidential Information includes information disclosed by making tangible objects or premises available for inspection. Documentation means the general release version of the user and administrator materials and information describing the general release Software and Services. The term “Documentation” does not include any FAQ, Whitepapers, or marketing materials. Enhancement means general release functional enhancements to the Software that CSDC includes as part of its standard Software license offering without additional charge. Hosted Software Services means CSDC’s provision of remote access via the Internet to a dedicated instance of the Software, and Support for that dedicated instance. Maintenance means Updates and Enhancements to the Software provided to Purchaser as part of a subscription for Hosted Services or as part of a Support Plan. Malware means viruses, spyware, adware, or other unauthorized code or information that is designed to interrupt the normal use of the Software or the systems on which any part of the Software is installed, destroy or corrupt any data, or covertly transmit information regarding Purchaser or the Users to a third-party. Open Source Software License means a software license that requires the licensee to make software available in source code form or license the software on a royalty free basis. Personal Data means any information about an identified or identifiable natural person that is transmitted to, stored, or otherwise processed by CSDC to provide Services. Product means, collectively, the licenses, Support Plans, and Hosted Software Services offered by CSDC on a general release basis, and purchased by Purchaser under an Order. Purchaser Information means all data or information that is processed by Purchaser using the Software or that is processed by CSDC as part of providing Software Services, including Personal Data. Public Users means the members of the public with whom Purchaser is authorized to interact under applicable statutes, regulations, or other government authorization, such as individuals or businesses seeking permits or licenses. Purchaser Users means Purchaser’s personnel authorized by Purchaser to use the Software or the administrative features of the Services. Service or Services means, collectively, Support, Hosted Software Services, Professional Services, and any other services provided by CSDC to Purchaser related to the subject matter of the Agreement. 8.E.a Packet Pg. 90 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 3 Software means the CSDC software described in an Order or made available for Purchaser’s or Public Users’ use in connection with the subject matter of an Order, and related Documentation, but excluding any Third-Party Technology as defined below. For clarity, the term “Software” includes all of the following made available to Purchaser or Public Users by CSDC as part of a Support Plan, or otherwise: (i) Updates, Enhancements, and other modifications; (ii) any application programming interface (“API”) or other control plane, dashboard, or other interface; (iii) any online portal for the management of Purchaser’s account; and (iv) any analytics or other tools provided by CSDC for use with the Software or Services. Support means technical assistance and Maintenance provided pursuant to Exhibit C, Support Terms. Third-Party Technology means software or other technology that Purchaser licenses directly from the third-party licensor for use with the Software or Services provided by CSDC. Third-Party Technology includes technology that CSDC offers as a license reseller for the third party but that is covered by a separate end user license agreement between the licensor and Purchaser. Unsupported has the meaning given in Section 8 (Unsupported Software and Services). Update means bug fixes, error corrections, and minor changes to the Software. 3. SOFTWARE LICENSE 3.1 General License Terms. The executable version of the Software is licensed to Purchaser on a non-exclusive basis solely for use in connection with the licensing, permitting, regulatory compliance, docket management, information requests, or other government activities that Purchaser is authorized by law to provide. The Software is licensed for a limited term unless the applicable Order expressly states that the license is “perpetual.” The term of each license is stated in the Order or, if no term is stated, is one year. The license may not be assigned except as part of an assignment of the Agreement that is permitted by Section 22 (Assignment). Purchaser may permit the use of the Software only by Purchaser Users and Public Users and may not otherwise sublicense or permit the use of the Software by any other person. Unless stated in the Product Specific Terms or the Order, the license is worldwide, subject to applicable export law. The license is subject to the following conditions and restrictions: (i) Fee Metric. Purchaser may not permit the use of the Software in excess of the applicable licensing metric, such as user “seats”; (ii) High Risk Use. Purchaser may not use the Software in any situation where failure or fault of the Software could lead to death or serious bodily injury of any person or damage to tangible property or environmental damage; (iii) Reverse Engineering. Purchaser may not reverse engineer, disassemble, or decompile the Software or attempt to discover any underlying algorithm or method embodied by the Software except to the extent applicable law permits such activity notwithstanding this limitation, and then only on advance written notice to CSDC of at least thirty (30) days; (iv) Modifications. Except as expressly authorized under a separate written agreement, Purchaser may not modify the Software, combine the Software with other software, or create any derivative works of the Software; 8.E.a Packet Pg. 91 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 4 (v) Competing Services. Purchaser may not use, and may not permit any person to use, the Software for the purpose of developing a competing software program or service; and (vi) Performance Analysis. Purchaser may not publish any benchmarking results or other performance analysis. 3.2 Product Specific License Terms. The license is subject to additional conditions and restrictions stated in Exhibit A (On Premises Software License) or Exhibit B (Hosted Software Services), as applicable. 3.3 Evaluation, Proof of Concept. If CSDC authorizes Purchaser to use the Software on an evaluation, “proof of concept,” or similar basis (with or without charge) (an “Evaluation License”), the following additional terms, conditions and restrictions apply unless otherwise expressly agreed in writing: (i) the license term is ninety (90) days and may be terminated by CSDC prior to expiration at any time on written notice, with or without cause; (ii) the Software may not be used to process or store production data or Personal Data; (iii) the Software is “Unsupported” during the term of the Evaluation License; and (iv) Purchaser’s continued use of the Software beyond the ninety (90) day shall constitute a purchase of a license for the Software, and CSDC will invoice Purchaser for the Software at its current list price. 4. SOFTWARE WARRANTY 4.1 Product Warranty and Remedies. For the applicable warranty period, subject to the conditions and exclusions described below in this Section 4, CSDC warrants that: (i) the general release version of Software will substantially conform to the applicable Documentation; and (ii) the media on which the Software is provided will be free from material defects. The applicable warranty period is stated on the Product Specific Exhibit. As Purchaser’s sole and exclusive remedies, and CSDC’s sole and exclusive obligations, for a breach of the warranty stated in this Section 4.1, CSDC will repair or replace the non-conforming element of the Software or re-deliver the Software on non-defective media, as applicable, provided that if repair or replacement is not commercially feasible then CSDC may terminate the applicable Order and related licenses and refund any license fees paid by Purchaser. 4.2 Conditions and Exclusions. As a condition to the warranty remedy under Section 4.1, Purchaser must give notice of the warranty breach during the warranty period or within thirty (30) days after the end of the warranty period and must cooperate with CSDC’s reasonable requests for information and assistance, including information necessary to reproduce the defect. The warranty does not apply to the extent a failure is due to: (i) Purchaser’s failure to comply with the installation, operation, environmental, and other requirements or specifications stated in the Order or the Documentation; (ii) fire, flood, or other casualty; (iii) any non-standard configuration or implementation of the Software implemented by Purchaser or implemented by CSDC at Purchaser’s request; or (iv) the interoperation between the general release version of the Software and any custom modules, non- standard extensions, or Unsupported technology element. In addition, the warranty does not apply if the failure is due to the interoperation between the Software and any Third-Party Technology unless otherwise expressly agreed in the Order. 5. SUPPORT, SUPPORT WARRANTY 5.1 Software Support. CSDC will provide Support for On Premises Software License Products described on Exhibit A and for the Software elements of the Hosted Software Service described on Exhibit B in accordance with the terms stated in Exhibit C, Support Terms. 8.E.a Packet Pg. 92 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 5 5.2 Software Support Warranty. CSDC warrants that it will provide Support in a professional manner using personnel who have appropriate education, experience, and skill. Purchaser’s exclusive remedy for CSDC’s failure to meet its Support warranty stated in this Section 5.2 is to require CSDC to correct or re-perform the deficient Support, or, if CSDC fails to correct or re-perform the deficient Support, to terminate the applicable Support Plan effective as of the next annual anniversary of the Support term, and receive a refund of any applicable prepaid Support fees attributable to the period after the effective date of such termination. In addition, if CSDC’s failure to meet the Support warranty materially impairs the use of the Software or results in a material security vulnerability, Purchaser may terminate the Software license covered by such Support Plan effective as of the next annual anniversary of the Support term, and receive a refund of: (i) any applicable prepaid Software license fees attributable to the period after the effective date of such termination (which for a perpetual license shall be based on an assumed five (5) year license life); and (ii) any applicable prepaid fees for related hosting services attributable to the period after the effective date of such termination if the Software Product is a Hosted Software Service. To be eligible for a refund of fees described in this Section 5.2 Purchaser must: (i) give CSDC reasonably prompt notice describing the warranty breach in reasonable detail; (ii) cooperate with any requests for information and cooperation by CSDC to diagnose the issue, including any effort to reproduce a Software failure; and (iii) give CSDC a reasonable period of at least thirty (30) days to correct or re-perform the deficient Support. 5.3 Infrastructure Elements of Hosted Software Service. If CSDC provides Hosted Software Services, then in addition to the Software Support described above, CSDC will provide technical assistance for the infrastructure services element of the Product as described in Exhibit B (Hosted Software Services). CSDC does not provide any warranty or service level commitment in connection with the infrastructure elements of the Hosted Software Services but will make reasonable efforts to pass through any warranty or service level commitments made by the infrastructure services provider as further described on Exhibit B. 5.4 Other Services. Unless otherwise expressly stated in the applicable Order, CSDC is not obligated to provide any technical assistance, maintenance, or other services for software delivered pursuant to an Order for Professional Services. If CSDC provides any services it is not required to provide, the services are provided AS IS and AS AVAILABLE, with no representation or warranty whatsoever. 5.5. Other Warranties. CSDC makes the following additional warranties: 5.5.1 Malware. The Software will not include any Malware on delivery, and CSDC shall use reasonable commercial efforts to avoid introducing Malware to the Software or the systems on which the Software is installed. CSDC’s specific safeguards regarding Malware are described in its Security Materials to be provided to Purchaser on request as provided in Section 10 (Security). 5.5.2 Infringement. Purchaser’s use of the Software as permitted by the Agreement will not infringe on any third- party patents, copyrights, trademark, trade secrets or other intellectual property right of a third person, provided that Purchaser’s sole and exclusive remedy for a breach of this warranty is indemnification as provided in Section 18 (Indemnification) below. 5.5.3 Open Source Software. Purchaser’s use of the Software as permitted by the Agreement will not result in the licensing of any Purchaser software under an Open Source Software License unless otherwise expressly and conspicuously agreed in an Order for Professional Services. 6. RESERVED. 8.E.a Packet Pg. 93 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 6 7. FEES 7.1 Fees. Fees are stated in the applicable Order. Unless otherwise stated in the Order, CSDC may invoice its fees at the following times: (i) Order effective date for implementation Services and set up fees; (ii) annually in advance for monthly recurring fees; (iii) at the completion of the Services for any other Professional Services, or completion of Service milestones if Service milestones are defined in the Order. Unless otherwise agreed in an Order, CSDC may not increase its fees except as follows: (i) as of the effective date of the Order renewal term, provided CSDC has given at least ninety (90) days advance written notice of the fee increase; (ii) if Purchaser has purchased Third- Party Technology software through CSDC and the third-party licensor increases its fee to Purchaser, provided that CSDC has given at least thirty (30) days written notice of the increase; and (iii) for Hosted Software Services if the third-party infrastructure services provider has increased its fees. Fees are non-refundable except as expressly stated otherwise in this MLSA or the Order. 7.2 Expenses. Purchaser is not required to pay any CSDC expenses unless expressly required by an Order or other written agreement. If the Order includes Purchaser-paid travel expenses, CSDC may invoice its reasonable air and ground transportation, lodging, meals, and reasonable incidentals (such as fees for wifi connections). CSDC will provide receipts or other reasonably, customary evidence to support its expense invoices. CSDC may, at its option, invoice authorized travel expenses in advance of the travel, provided that CSDC must refund any collected amounts, less any non-refundable expenses already incurred, if Purchaser cancels the travel. 7.3 Taxes. Fees are stated exclusive of any sales, value added, use, excise, goods and services, import/export duties and levies, and like transactions taxes (“Sales Tax”). Purchaser must pay CSDC Sales Tax that CSDC is required to collect and remit unless Purchaser has provided reasonably satisfactory evidence of a tax exemption in advance of invoicing. Purchaser may not withhold any taxes from fee payments, except for withholding (or similar) taxes that Purchaser is legally required to withhold under laws applicable to Purchaser. If Purchaser withholds any taxes, it shall promptly provide documentation of the withholding as reasonably requested by CSDC, including documentation necessary to support CSDC’s claim for any foreign tax withholding credit. 7.4 Payments. Fees are due thirty (30) days from invoice date. Fees must be paid in U.S. Dollars unless another currency is stated in the Order. Unless otherwise agreed,. Subject to Section 7.5 (Fee Disputes), CSDC may charge interest on overdue amounts at 1.5% per month. Subject to Section 7.5 (Fee Disputes), if any payment is more than fifteen (15) days past due and has not been cured within fifteen (15) days of CSDC’s notice of the overdue payment, CSDC may suspend all or any part of Purchaser’s Services or begin legal collection efforts, or both. CSDC may charge Purchaser a reasonable fee to reinstate its Services after a suspension and may recover from Purchaser its reasonable expense of collection, including court costs and attorney fees. 7.5 Fee Disputes. CSDC may not charge late interest, suspend services, or pursue other collection activity for a period of thirty (30) days from the invoice due date with respect to any invoiced amount that Purchaser disputes in good faith, provided that: (i) Purchaser has given notice of the dispute prior to the invoice due date, (ii) Purchaser’s notice describes the grounds for the dispute in reasonable detail; (iii) Purchaser has timely paid undisputed amounts; and (iv) Purchaser cooperates with CSDC’s requests for information in connection with the dispute. Purchaser and CSDC must negotiate in good faith to resolve the dispute during the thirty (30) day period. If the dispute is not resolved by the end of the thirty (30) day period, then each party is free to pursue resolution of the dispute using all legally available means. 8.E.a Packet Pg. 94 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 7 8. UNSUPPORTED SOFTWARE AND SERVICES If Purchaser asks CSDC to provide a non-standard configuration or implementation of Software or Services, CSDC may refuse, or may designate the non-standard Software or Services as “non-standard”, “reasonable endeavors,” “unsupported,” “best efforts,” or with like designation in the Order, support ticket or other agreement or correspondence (collectively “Unsupported” Software or Services). Unsupported Software and Services are not covered by warranties, service level agreements, security commitments, maintenance or support commitments, or indemnities, and may not be used to process or store Personal Data. If Purchaser requests assistance with Unsupported Software or Services, CSDC will provide good faith technical assistance using its available personnel who have generalized skill and training in information technology systems. Otherwise Unsupported Software or Services are provided AS IS and AS AVAILABLE with no representation or warranty whatsoever. CSDC is not responsible to Purchaser for any loss or damage arising from the provision of Unsupported Software or Services. 9. THIRD PARTY TECHNOLOGY 9.1 Disclaimers. Third-Party Technology is not “Software” or “Services” under the terms of this Agreement and is Unsupported as provided in Section 8 (Unsupported Software and Services), even if CSDC purchases a license or subscription for Third-Party Technology on your behalf. CSDC may provide limited technical assistance in connection with the interoperation of Third-Party Technology with its Software and Services, but the assistance is provided AS IS and AS AVAILABLE, and CSDC makes no commitment whatsoever with respect to the Third-Party Technology. 9.2 Purchaser Provided Licenses. If Purchaser provides any Third-Party Technology to CSDC for use in connection with the Software or Services, Purchaser represents and warrants to CSDC that it has the licenses and other authorizations from the third party that are necessary for the use contemplated by the Agreement. On CSDC’s request, Purchaser will provide reasonable evidence of its compliance with this Section 9.2. Purchaser authorizes CSDC to cooperate with any reasonable request from the third party for information regarding Purchaser’s compliance with the third party’s license or other terms and conditions covering Third-Party Technology. 9.3 Referrals to Third-Party Service Providers. As a convenience to Purchaser, CSDC may identify unaffiliated third parties who perform technology management, migration, or other services useful to Purchaser. CSDC does not endorse any third party, and makes no representation or warranty whatsoever regarding third parties it identifies for Purchaser’s consideration. Purchaser are responsible for investigating the third party’s qualifications and skills. 10. SECURITY On request, CSDC will make available to Purchaser its materials documenting CSDC’s security safeguards (the “Security Materials”). Purchaser acknowledges that the Security Materials are sensitive Confidential Information of CSDC and may be viewed and distributed only within Purchaser’s organization on a need-to-know basis, unless disclosure to others is otherwise required by law, court order, or subpoena. Purchaser acknowledges that CSDC is not responsible for any loss or harm suffered by Purchaser or a User resulting from a security incident except to the extent the security incident results from CSDC’s failure to comply with the safeguards described in the Security Materials. Purchaser is responsible for determining if CSDC’s safeguards meet applicable regulatory standards and otherwise comply with Purchaser’s security requirements. 8.E.a Packet Pg. 95 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 8 11. PRIVACY Personal Data is Purchaser “Confidential Information” covered by the CSDC commitments stated in Section 15 (Confidential Information). CSDC makes the following additional commitments regarding Personal Data: (i) CSDC will provide Purchaser with access to the Personal Data as necessary for Purchaser to comply with applicable legal requirements for access, destruction, or modification of the Personal Data at the request of a data subject; and (ii) CSDC will notify Purchaser in writing without undue delay if it discovers that any Personal Data has been accessed, used, disclosed, destroyed, or corrupted other than as permitted by this Agreement, will provide all information reasonably available to it regarding the reported event, and will cooperate with Purchaser’s reasonable requests to mitigate and remediate the event. 12. PURCHASER OBLIGATIONS 12.1 Security. Purchaser must use reasonable security in connection with its use of the Software and Services, such as requiring users to establish reasonably complex passwords, and using commercially available Malware scanning on its own systems. The Software is designed to be configurable to Purchaser’s specifications. Purchaser is responsible for determining if the Software configuration chosen by Purchaser meets its security requirements. 12.2 Account Contacts and Access Control Lists. Purchaser shall update its account contacts and access control lists so that they remain accurate at all times. Purchaser acknowledges that CSDC may act on the instructions of an individual who is designated by Purchaser as having the authority to give the instruction in the Purchaser Support Portal until Purchaser has removed the individual from that role using the means provided via the Support Portal. 12.3 Compliance with Law. Purchaser must use all CSDC software, services, technology or materials, including the Software and the Services (the “CSDC Technology”) in compliance with applicable law, including the laws described in Sections 12.3.1 and 12.3.2 below. 12.3.1 Privacy Laws. Purchaser represents and warrants that its use and disclosure of the Purchaser Information to CSDC and CSDC’s authorized use and disclosure of the Purchaser Information as necessary to provide the Products, does not infringe or violate the intellectual property rights or other legal rights of any third party, such as rights of publicity or the privacy of data subjects under applicable data protection laws. Specifically, but without limitation, Purchaser represents and warrants that it, where required by applicable law, has obtained consent from the data subjects for CSDC’s use and disclosure of Purchaser’s Personal Data as required or permitted by this Agreement. 12.3.2 Export Laws. Purchaser may not permit any person to access or use the CSDC Technology in a U.S.-embargoed country or in violation of any U.S. export law or regulation, or in a manner that causes CSDC to be in violation of U.S. export laws, even if the use is permitted by the laws applicable to Purchaser or Users. For example: (i) Purchaser may not authorize any person to use or access the CSDC Technology if that person is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department’s Office of Foreign Asset Control (OFAC), or is located in or is a national of any country that is embargoed under United States export laws; (ii) Purchaser may not use or permit the use of any CSDC Technology to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State; and (iii) Purchaser may not permit the use of the CSDC Technology by any person who Purchaser knows or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space 8.E.a Packet Pg. 96 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 9 launch vehicles, or sounding rockets, or unmanned air vehicle systems. Each party represents that it is not on any restricted persons list maintained by the U.S., Canada, or any member of the European Union. 12.4 Specially Regulated Data. Unless expressly permitted by the terms of the Order, Purchaser may not use the Software or Services to process any protected personal health information subject to U.S. “HIPAA” or “PIPEDA” regulations, any payment card data, or any other data subject to a special regulatory or industry security requirement or specification. 13. INTELLECTUAL PROPERTY 13.1 Purchaser IP. Purchaser retains all right, title, and interest in and to the Purchaser Information and all related intellectual property rights, including the content of reports and other output generated by Purchaser by using the Software or the Services, and any modifications to the Purchaser Information that result from the use of the Software or Services. CSDC may use Purchaser Information solely for the purpose of providing Services in accordance with the Agreement. 13.2 CSDC IP. Except for any deliverables expressly identified in an Order for Professional Services as “Purchaser- Owned Deliverables,” CSDC retains all right, title, and interest in and to its Software and Services technology, and any and all information and processes used to deliver or provide the Software or the Services, whether existing prior to the date of the Agreement, or conceived, discovered, developed, authored, reduced to practice, or otherwise created as part of providing the Software or Services. 13.3 Feedback. Purchaser hereby licenses to CSDC any feedback or suggestions that it provides regarding the Software, Services or CSDC’s other existing or proposed products or services on a perpetual, irrevocable, royalty free, worldwide, unconditional, fully sublicensable and transferable basis, including the right to make, have made, use, sell, offer to sell, import, copy, display, perform, modify, distribute in modified or unmodified form, and commercialize any intellectual property, without accounting to Purchaser. Purchaser agrees that it will not assert, or authorize, assist, or encourage any third party to assert, against Purchaser or any of its affiliates, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding the Software, Services, or any other products or services that Purchaser uses. 13.4 General Reservation of Rights. Except for the rights and licenses expressly granted in the Agreement, each party retains all right, title, and interest in and to its information and technology and all related intellectual property rights. The parties agree that no license may arise by estoppel or course of conduct. 13.5 Restricted Rights Notices. If the Purchaser is an agency or office of the U.S. Government, the Software, Services, and other materials or technology provided pursuant to the Agreement are “commercial computer software,” “commercial computer software documentation,” and “technical data,” as applicable, as defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation. All software and services were developed at private expenses and are provided with RESTRICTED RIGHTS. 14. TERM AND TERMINATION 14.1 Term of MLSA. The initial term of this MLSA begins on the Effective Date stated above and continues for one year. On expiration of the initial term, the MLSA renews for consecutive renewal terms of one (1) year each unless either party gives a notice of non-renewal at least thirty (30) days prior to the expiration of the initial term or then-current renewal term, as applicable. Either party may terminate this MLSA, or any or all of its Orders, for convenience at any time without liability to either party by giving thirty (30) days advance written notice. 8.E.a Packet Pg. 97 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 10 14.5 Obligations on Expiration, Termination. On expiration or earlier termination of an Order, the licenses and Services covered by the Order terminate, except that perpetual licenses survive termination or expiration unless the Order was terminated by CSDC for Purchaser’s breach of the perpetual license. Within seven (7) days of expiration or termination of an Order Purchaser must uninstall and destroy all software and related materials and information, except for Software covered by a surviving perpetual license and archival copies of software or other materials that Purchaser is permitted to retain under Section 15 (Confidential Information). Unless otherwise agreed in the applicable Order, the unpaid part of any subscription license, support plan, or other services fees for the remaining term of the Order are due and payable on the effective date of expiration or termination. 14.6 Survival. The following provisions survive expiration or termination of this Agreement: Section 2 (Defined Terms), as to any defined terms used in other surviving sections, Section 7 (Fees) as to any fees remaining unpaid at the time of expiration or termination, Section 11 (Privacy), Section 13 (Intellectual Property), Section 14.5 (Obligations on Expiration, Termination), Section 14.6 (Survival), Section 15 (Confidential Information), Section 17 (Limitations on Damages), Section 18 (Indemnification), Section 20 (Notices), Section 22 (Assignment, Subcontractors), Section 23 (Force Majeure), Section 24 (Governing Law, Disputes), and Section 25 (Miscellaneous), and any other provisions that by their nature are intended to survive expiration or termination of the Agreement. 15. CONFIDENTIAL INFORMATION Neither party may use the other party's Confidential Information except in connection with the performance or use of the Software or Services, as applicable, the exercise of the party’s legal rights under this Agreement, or as may be otherwise permitted under this Agreement or required by law. Each party agrees not to disclose the other party’s Confidential Information to any third person except as follows: (i) to the party’s respective service providers, agents and representatives, provided that such service providers, agents or representatives are bound by written confidentiality measures that are at least as stringent as these terms; (ii) in response to a subpoena or other compulsory legal process, provided that each party agrees to give the other advance written notice of at least seven days prior to disclosing the other party’s Confidential Information under this subparagraph (or prompt notice in advance of disclosure, if seven days advance notice is not reasonably feasible), unless the law or a reasonable interpretation of it, forbids such notice; or (iii) as required by law, such as a requirement under a data privacy regulation that a notice of data breach be given to a supervisory authority or regulatory agency . On expiration or earlier termination of the Agreement, each party will return or destroy the other party’s Confidential Information, except that Purchaser may retain archival copies of CSDC software consistent with reasonable and customary record keeping practices, or as necessary to comply with any laws or regulations applicable to Purchaser. If a party believes it is not feasible to completely destroy the other party’s Confidential Information as required by this Section 15, it will give the other party written notice describing the Confidential Information and the circumstances that make destruction infeasible. All Confidential Information retained by party following termination of the Agreement remains subject to the requirements of this Section 15. Purchaser will use commercially reasonable care to safeguard CSDC’s Confidential Information. CSDC’s obligations to safeguard Purchaser Information are stated in Section 10 (Security). For Purchaser’s Confidential Information other than Purchaser Information, CSDC will use commercially reasonable care to safeguard the Confidential Information. Each of Purchaser and CSDC is responsible for a breach of this Section 15 by its service providers, agents and representatives to whom it has disclosed the other party’s Confidential Information. 16. DISCLAIMERS 8.E.a Packet Pg. 98 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 11 16.1 No Other Services. CSDC has no obligation to provide software or services to you other than the Software and Services described in an Order. Any software or services provided by CSDC to Purchaser other than the Software and Services described on an Order are provided AS IS and AS AVAILABLE with no representation or warranty whatsoever. 16.2 No Other Warranties. Except for the warranties expressly stated in the Agreement, CSDC makes no representations or warranties whatsoever, and disclaims any implied warranties such as any warranty of merchantability, suitability for a particular purpose, or any warranty that may arise through a course of dealing. Specifically, but without limitation, CSDC does not warrant or represent that the Software or any Services will be error free, uninterrupted, or completely secure. If applicable law requires a warranty notwithstanding this disclaimer, then that warranty is made for thirty (30) days from delivery of the Software or Services. 17. LIMITATIONS ON DAMAGES 17.1 SLA Credits. If any part of the Services is covered by a service level agreement that includes a credit remedy, the credit remedy is the sole and exclusive remedy for failure to meet the service level commitment. 17.2 Excluded Damages. Neither party nor its owners, personnel, affiliates, licensors, suppliers, or subcontractors is liable to the other party for any indirect, special, incidental, or consequential loss or damage of any kind, or for any lost profits, revenue, business opportunities, use of data, customers, contracts, goodwill or reputation, or for any punitive or exemplary damages. Neither party is liable for any loss that could have been avoided by the damaged party’s reasonable efforts to mitigate the damages, even if the party has been advised or should be aware of the damages. 17.3 Maximum Liability. Notwithstanding anything in the Agreement to the contrary, except for liability arising from: (i) death or personal injury caused by negligence, (ii) reckless or willful misconduct, (iii) misrepresentation, (iv) indemnified claims, or (v) fees due for Services provided, the maximum aggregate liability of CSDC and its owners, personnel, affiliates, licensors, suppliers and subcontractors in connection with the subject matter of the Agreement or any Order shall not in the aggregate exceed $1 million for the Services from which the claim arose for the twelve months immediately preceding the event(s) that gave rise to the claim. 17.4 Other. The parties acknowledge that CSDC has set its prices and entered into the Agreement in reliance on the limitations of remedies and liability stated in the Agreement and that these clauses reflect an agreed allocation of risk between the parties. The limitations stated in this Section 17 apply to any liability arising from any cause of action, including tort, commercial code, strict liability, or otherwise, excluding indemnified claims. For clarity, the limitation stated in the Section 17.3 is an aggregate limitation and is not “per incident.” Nothing in this Section 17.4 precludes a party from seeking specific enforcement, injunctive relief, or other non-monetary equitable remedy that is available by law. If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law. 18. INDEMNIFICATION 18.1 By CSDC. CSDC will defend, at its expense, any claim against Purchaser or its owners, personnel, agents, or representatives (the “Purchaser Indemnitees”) by an unaffiliated third party that: (i) asserts that Purchaser’s or its Public Users’ use of the Software or Services as permitted by the Agreement infringes on the third party’s intellectual property right (an “IP Claim”); or (ii) arises from CSDC’s willful or reckless misconduct or misrepresentation; and CSDC shall hold the Purchaser harmless and pay any resulting judgment that is finally 8.E.a Packet Pg. 99 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 12 awarded to the third party by a court or other tribunal of competent jurisdiction, including any award of attorney fees and court costs. Notwithstanding the foregoing, CSDC has no obligation with respect to an IP Claim that is based on Purchaser’s combination of the Software or Services with Third-Party Technology or its own technology, Purchasers unauthorized change to the Software or Services, CSDC’s compliance with Purchaser’s specific directives that are not standard for Purchaser, or Purchaser’s use of the Software or Services more than a reasonable period of time after CSDC has provided an updated version that is functionally equivalent but free from the IP Claim (the “Exclusions”). 18.3 Procedure. The indemnified party must give notice of the indemnified claim to the indemnifying party within a reasonable time after the claim is made, provided that failure to give notice does not relieve the indemnifying party of its obligations under this Section 18 except to the extent the delay prejudices the defense of the matter. The indemnifying party shall select counsel to defend any indemnified claim under this Section 18 and shall control the defense of the claim, except that the indemnified party may participate in the defense of the claim at its option and expense, with counsel of its choice. The indemnified party must comply with any indemnifying party request for information or cooperation in connection with the defense of the claim. The indemnifying party may settle any indemnified claim, in its discretion, provided that the settlement fully resolves the indemnified party’s liability and does not require the indemnitees to make an admission of culpability. 18.4 IP Claims. If an IP Claim is asserted, or if CSDC reasonably believes that an IP Claim is likely to be asserted, then CSDC may do either of the following at its expense: (i) obtain the right to use the Software or Services free from the claimed infringement; or (ii) modify the Software or Service so that they are no longer subject to the claimed infringement. If CSDC is not able to do either on commercially reasonable terms, then CSDC may terminate the license for the Software or the Order for the Services, as applicable, that is the subject of the IP Claim on ninety (90) days advance written notice. 19. PRE-RELEASE TECHNOLOGY. CSDC may invite Purchaser to use test, beta, pilot, limited release, developer preview, non-production, evaluation, or other pre-release software or services (“Pre-Release Technology”). Pre- Release Technology is provided AS IS and AS AVAILABLE without any representation or warranty whatsoever. CSDC is not required to provide support for Pre-Release Technology. Purchaser may not use Pre-Release Technology for production purposes unless it has written permission from CSDC. CSDC may discontinue Pre - Release Technology at any time in its sole discretion and delete all Purchaser Information associated with the Pre- Release Technology. CSDC may never offer a general release version of the Pre-Release Technology, or if it does, there may not be an automatic update path from the Pre-Release version to the general release version. CSDC has no liability for any harm or damage arising from Purchaser’s use of a Pre-Release Service. 20. NOTICES Purchaser’s routine communications to CSDC regarding the Software or Services should be sent to Purchaser’s account team using the customer support portal. To give a notice regarding termination of the Agreement for breach, indemnification, or other legal matter, you must send it by first-class post to: legal@csdcsystems.com and copied to CSDC Inc., 804 Las Cimas Parkway, Suite 100, Austin, TX 78746, ATTN: Legal Department. CSDC’s routine and legal notices will be posted on the customer portal or sent by email or post to the individual(s) designated as Purchaser’s contact(s) on Purchaser’s account. Notices are deemed received as of the time posted or delivered, or if that time does not fall within a Business Day, as of the beginning of the first Business Day following the time posted or delivered. For purposes of counting days for notice periods, the Business Day on which the notice is deemed received counts as the first day. Notices must be given in the English language. 8.E.a Packet Pg. 100 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 13 21. PUBLICITY, USE OF MARKS Unless otherwise agreed in the Order, Purchaser agrees that CSDC may publicly disclose that it is providing Services to Purchaser and may use Purchaser’s name and logo to identify Purchaser in promotional materials, including press releases, provided that CSDC does not state or imply that Purchaser endorses CSDC’s products or services. 22. ASSIGNMENT, SUBCONTRACTORS Neither party may assign the Agreement or any Order without the prior written consent of the other party except to an affiliate or its successor as part of a corporate reorganization or a sale of some or all of its business. Each party must give the other party at least 30 days advance written notice of an assignment or a change in control of the party. CSDC may use its Affiliates or subcontractors to perform all or any part of the Services, but CSDC remains responsible under the Agreement for work performed by its Affiliates and subcontractors to the same extent as if CSDC performed the Services itself. 23. FORCE MAJEURE Neither party will be in violation of the Agreement if the failure to perform the obligation is due to a n event beyond its control, such as significant failure of a part of the power grid, failure of the Internet, natural disaster or weather event, war, riot, insurrection, epidemic, strikes or labor action, terrorism, or other events beyond such party’s reasonable control. 24. GOVERNING LAW, DISPUTES 24.1 Governing Law. If the CSDC party to an Order is CSDC Inc., then the Agreement is governed by the laws of the State of Texas, exclusive of any choice of law principle that would require the application of the law of a different jurisdiction and each party expressly and unconditionally submits to the exclusive jurisdiction of the courts of Travis County, Texas. If the CSDC party to an Order is CSDC Systems Inc., then the Agreement is governed by the laws of the Province of Ontario, and each party expressly and unconditionally submits to the exclusive jurisdiction of the courts of Mississauga, Ontario. 24.2 Mediation. The parties may agree to attempt to resolve any dispute in connection with the subject matter of this Agreement through good faith negotiation. At the request of either party, the dispute will be submitted for non-binding mediation conducted by a mutually acceptable mediator to be held in King County, Washington. The mediator will be chosen by mutual agreement of the parties within twenty-one (21) days after written notice by either party demanding mediation. Neither party shall unreasonably withhold or delay consent to the selection of a mediator. The parties will share equally the costs of the mediation, exclusive of any fees paid by a party to its internal or external legal advisors, accountants and experts in connection with the dispute. The use of any mediation procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either party. If the dispute is not resolved through negotiation or mediation, the parties are free to file a lawsuit or other action. 24.3 Venue. If the CSDC part to the Order is CSDC Inc., each party agrees that it shall bring any lawsuit or other legal action related to the subject matter of this Agreement in a court sitting in King County, Washington. Neither party shall dispute the personal jurisdiction of such courts, and each party waives any objection it may have as to the venue of such court. 8.E.a Packet Pg. 101 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 14 24.4 Waiver of Jury Trial. To the extent permitted by applicable law, each party waives the right to a trial by jury in respect of any litigation arising out of this Agreement and the parties’ activit ies regarding this Agreement. 25. MISCELLANEOUS 25.1 Foreign Corrupt Practices Act. Each party hereto represents, warrants and covenants that: (a) in connection with this Agreement, it has not and will not make any payments or gifts or any offers or promises of payments or gifts of any kind, directly or indirectly, to any official of any foreign government or any agency or instrumentality thereof; and (b) it shall comply in all material respects with the US Foreign Corrupt Practices Act and the Canadian Corruption of Foreign Public Officials Act. 25.2 Order of Precedence. If there is a conflict between the terms of the Agreement, the documents will govern in the following order: the Order as to any matter that the General Terms or Product Specific Terms expressly permits to be controlled by a term of the Order, the applicable Product Specific Exhibit, any other exhibit to this MLSA, and the General Terms. 25.3 Interpretations. The term “person” refers to any legal person and may mean a natural person (individual), a legally created person (such as an entity, trustee, or executor), or an entity (such as a corporation, partnership, or limited liability company). The word “process” means to record, store, organize, structure, analyze, query, modify, combine, encrypt, display, disclose, transmit, receive, render unusable, or destroy, by automated means or otherwise. The word “including” means “including, without limitation.” The words “will” and “shall” are words of obligation, not expressions of intent or expectation. All references to monetary amounts mean United States Dollars unless otherwise indicated. The term “parties,” either in lower- or upper-case form, refers to the signatories to this Agreement. Unless otherwise defined, the words “business day,” “business hours,” or the like mean Monday – Friday, 9:00 a.m. – 5:00 p.m., United States Central Time, excluding federal public holidays in the United States. A reference to “day” means a calendar day, unless expressly designated as a “business” day. The term “personnel” refers to employees of the person referred to and individual contractors of the person referred to if the individuals are under the direct supervision of the person referred to. The word “affiliate” refers to an individual or entity that controls, is controlled by, or is under common control with the person referred to, where control means ownership of the majority of voting interests of an entity or the right to control the policies of the entity by means of a controlling number of seats on the entity’s governing body. All technology provided under this Agreement is licensed and not sold; any use of the term “sale” or like word means a sale of a license. Any requirement in this Agreement that a statement be written, in writing, or a like requirement is satisfied by an email or other digital form of writing unless expressly stated otherwise. Nouns stated in the singular may imply the plural as indicated by the context, and pronouns that are gender specific should be read to refer to either gender. The Section captions in this Agreement are for convenience only; they are not part of this Agreement and may not be used to interpret the terms of this Agreement. References to sections in any of the documents that comprise the Agreement are references to the sections of the document in which the references appear unless otherwise indicated. 25.4 Amendments. Unless otherwise expressly permitted in the Agreement, the terms of an Order or this MLSA may be varied only by a written agreement signed by both parties that expressly refers to the Agreement. The pre-printed terms of Purchaser’s purchase order or other business form are void and of no effect whatsoever. 25.5 Severability, Waiver. If any part of the Agreement is found unenforceable, the rest of the Agreement will continue in effect, and the unenforceable part shall be reformed to the extent possible to make it enforceable 8.E.a Packet Pg. 102 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 15 and give business efficacy to the Agreement. Each party may enforce its respective rights under the Agreement even if it has waived the right or failed to enforce the same or other rights in the past. 25.6 Relationship Between the Parties. The relationship between the parties is that of independent contractors and not business partners. Neither party is the agent for the other and neither party has the right to bind the other on any agreement with a third party. The use of the words “partner” or “partnership” in this Agreement or otherwise refers only to a business relationship, and does not create or reflect any legal partnership, joint venture, or other fiduciary or other special relationship between the persons described as partners. Nothing in this Agreement creates an obligation of exclusivity or non-competition. Each party is free to purchase and sell services of the type described in the Agreement to any person, including competitors of the other party. 25.7 No Third-Party Beneficiaries. Except as expressly stated otherwise, there are no third-party beneficiaries to the Agreement. 25.8 Open Source. The Software may include software that is licensed under an open source license. CSDC will provide you with notice of any open source software and related license, attribution, and source code information in the Documentation provided with the Software. If there is a conflict between the license terms stated in the Agreement and the license terms applicable to any open source software, the open source software license terms will control as to the conflict. 25.9 Counterparts, Signatures. This Agreement may be signed in multiple counterparts, which taken together shall be read as one Agreement. A signed agreement transmitted by facsimile, email attachment, or other electronic means shall be considered an original. The parties agree that electronic or digital signatures shall be given the same effect as a manual signature. Signatures appear on following page 8.E.a Packet Pg. 103 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 16 This MLSA is the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior or contemporaneous representation, agreement, or understanding, written or oral. [CSDC Inc.] [CSDC Systems, Inc.] [insert full name of Purchaser] Name: Name: Title: Title: Date Signed: Date Signed: Exhibit A On Premises Software License Exhibit B Hosted Software Service Exhibit C Support Terms Exhibit D Professional Services 8.E.a Packet Pg. 104 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 17 Exhibit A On Premises Software License 1. Licensed Software. The licensed software is the CSDC software product identified in the Order and other software and information related to the software product that is defined as “Software” in Section 2 (Defined Terms) of the body of the MLSA. 2. License Metric. 2.1 Per User. If the Software is licensed on a per user basis, then Purchaser must pay a license fee for each individual who has access to the administrative features of the Software (each a “seat”). A seat may not be used by more than one individual. A seat may be transferred from one individual user to another provided that the transfer is intended to be a permanent transfer and not a means of sharing a single seat. Purchaser must require each individual to establish a unique log in name and password. If user seats are licensed on a subscription basis for annual periods and Purchaser wishes to add seats during an annual period, Purchaser may purchase additional user seats for a pro-rated annual fee based on the number of partial or full months remaining in the then-current annual period, provided that Purchaser commits to purchasing a full annual subscription for the additional seats on the renewal of the annual period. 3. Warranty Period. The warranty period for the Software for purposes of Section 4 (Software Warranty) of the body of the MLSA is ninety (90) days beginning on the delivery date as defined below in this Exhibit A. 4. Territory. Unless otherwise stated in the Order, the Software may be installed only on computers located at the Purchaser’s address stated in the Order. Purchaser may authorize as Public Users only persons resident in Purchaser’s jurisdiction. Purchaser may permit Purchaser Users to use the Software from Purchaser’s offices in Purchaser’s jurisdiction, or remotely from the Purchaser User’s home or other location, subject to applicable export laws. 5. Copies. Purchaser may copy the Software as reasonably necessary for its licensed use and may make one backup copy for use in the event the production version of the Software becomes unavailable. 6. Delivery. Unless otherwise expressly stated in the Order, CSDC shall deliver the Software electronically by making the Software and enabling information available on CSDC’s Internet accessible download site. Delivery is deemed complete as of the second (2nd) business day that CSDC has made the Software and enabling information available to Purchaser. 7. Implementation, Configuration, Training. CSDC will provide implementation, configuration, and training services as described in the Order for the fees described in the Order. Implementation, configuration and training services must be used within the time period specified in the Order, or if no time period is stated, within 90 days from the delivery of the Software. 8. Records and Audit. Purchaser must keep complete and accurate records showing the location where each copy of the Software has been installed or stored, and the relevant information necessary to verify its compliance with the license metric (such as users, transactions, number of servers, CPUs, etc.) and with any Support Plan requirements. CSDC may audit Purchaser’s records and facilities provided that: (i) it gives reasonable advance notice of the audit and conducts the audit without undue interference in Purchaser’s operations; (ii) it conducts an audit no more than once per 12 months unless it discovers non-compliance, in which case it may conduct an audit as often as once per 3 months until there have been no findings of non- 8.E.a Packet Pg. 105 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 18 compliance for a period of 12 months. In the alternative, CSDC may require Purchaser to conduct a self-audit on reasonable terms and provide an attestation of Purchaser’s officer or like official reporting the results. If CSDC requests a self-audit, Purchaser shall complete the audit and return the results and attestation within 30 days of CSDC’s request. If an audit reveals unlicensed use, Purchaser must pay license fees and any related support fees due in respect of the use under the terms of any Support Plan within ten (10) days of the date of the audit report. If the unlicensed use exceeds 5% of the authorized use, Purchaser shall pay also pay interest at the overdue rate provided in the Agreement from the time that the fees would first have been due under the terms of the Agreement. If the audit or certification reveals unlicensed use or more than 10% Purchaser shall also bear the reasonable cost of the audit. If the audit or certification does not demo nstrate the date that the unlicensed use first began with clear and convincing evidence, the license period will be presumed to begin as of the effective date of the original Order for licenses purchased under this Exhibit. CSDC acknowledges that information learned as part of an audit that is Confidential Information of Purchaser may not be used for any purpose unrelated to the audit. 9. Compliance Features. The Software may include features that permit CSDC to monitor compliance with the license terms or disable the Software in the event of non-compliance. Purchaser consents to the use of compliance tools and agrees that CSDC is not responsible for any harm or damages resulting from CSDC’s disablement of the Software in the event of a license breach by Purchaser. End of Exhibit A 8.E.a Packet Pg. 106 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 19 Exhibit C Support Plans Support. CSDC will provide the Software maintenance and technical assistance in accordance with this the Support Policies described below. 1. Software Maintenance. CSDC will provide Purchaser with those Software Updates created by CSDC for general release, to include extensions, modifications, drivers, service packs, service releases, application program plug-ins, applets and adaptors. 2. Technical Assistance. CSDC will respond to requests for assistance and software corrections in accordance with its Support Policies described below. 3. All Licenses Must Be Supported. If Purchaser purchases Support in connection with any Software license it must purchase Support for all licenses. If Purchaser add licenses during an annual Support period, Purchaser must purchase additional Support entitlements to cover the additional licenses. If Purchaser wishes to purchase Support after a lapse, it must purchase Support covering the lapsed period as well as the new term. 4. Term, Renewals. The initial Support term is stated in the Order, or if no term is stated is one (1) year beginning on the delivery date of the Software license. On expiration of the initial term, Support will renew for consecutive renewal terms of one (1) year each unless Purchaser or CSDC has given a notice of non-renewal at least thirty (30) days prior to expiration of the initial term or then-current renewal term. 5. Fees. Support fees are non-refundable except as expressly provided in the Agreement. CSDC may increase the annual fee for Support renewal by giving notice of the increase at least sixty (60) days prior to the first day of the renewal term, not to exceed 3% of the previous year’s annual subscription fee in total. 6. Support Tools. Purchaser is not required to permit CSDC to use any remote access Support tools, but acknowledges that a refusal will delay or impair the effectiveness of the Support. 7. Support Exclusions. CSDC has no obligation to provide Support for custom software or configurations unless otherwise agreed in an Order for Professional Services. CSDC is not obligated to provide Support where the request is the result of any of the following (the “Support Exclusions”), but may do so, at its option: (i) failure to implement all maintenance releases provided by CSDC; (ii) failure to use the Software in accordance with the applicable terms of the Agreement, the Documentation or reasonable instructions provided by CSDC; or (iii) alterations of the Software or Hosted Software Services environment by anyone other than CSDC. Any CSDC Support provided in connection with a Support Exclusion is provided AS IS. In addition to its other remedies stated in the body of the MLSA or Order, CSDC may suspend Support during any period that the fees for Support are overdue. 8.E.a Packet Pg. 107 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 20 CSDC Support Policies Support Portal http://www.csdcsystems.com/support/htm. If the Support Portal is unavailable for any reason, you may submit you requests via e-mail here: support@csdcsystems.com. Phone Support 1-888-661-1933 Ext. 2 Support Hours Monday to Friday (excluding Canadian Holidays) between 8:00 a.m. to 5:00 p.m. Eastern Time. If you are located in other time zones, support personnel will be available on call or by appointment from 8:00 a.m. to 5:00 p.m. local time. Support personnel will also be available on call or by appointment on days when CSDC offices are closed for holidays. you may submit support issues 24/7 via online support software and email. Severity Levels. CSDC will provide problem diagnosis for the Software and, where possible, will supply corrections for problems that CSDC diagnoses as defects in the Software. CSDC will perform these services consistent with the urgency of the situation. Incidents that can be characterized as defects are classified according to the following service level agreement. Service Level Agreement Incident Level Description Resolution Time Critical This incident level is attained when the following conditions are met: - Complete inability to use the Platform; or - A recurring temporary inability to use the Platform - Data corruption or unavailability of City data that has been put into Platform Within the two hours High This incident level is attained when the following conditions are met: - A significant degradation of the significant features or functions available or the Platform - Recent modifications to the Platform cause some significant features or functions to operate inconsistently Within 24 hours Low This incident level is attained when the following conditions are met: - A minor degradation of some significant features or functions; or - A degradation of some secondary features or function occurs These issues will be reviewed and prioritized according to the severity of the issue. An accurate estimate will be provided to the City within a week after the incident is reported 8.E.a Packet Pg. 108 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 21 You must include in each request for support a reasonably detailed description of the issue, any Support entitlement code, and a severity designation. You must provide de additional information reasonably requested by CSDC, including information necessary to re-produce any error or other issue. Historic Version Support CSDC will provide support for each major version for at least thirty-six (36) months from the date of its general release, and shall notify you of the end of support date at least twelve (12) months in advance. Minor releases within each major version are supported for the life of the major version. Technical Contacts You may name up to two (2) technical contacts in the support portal. You may change your technical contacts on 5 days prior written notice to CSDC. CSDC may respond to support requests from individuals other than your named technical contacts, but is not required to. If more than one Technical Contact calls with the same issue, CSDC will respond to the first contact only. End of Exhibit C 8.E.a Packet Pg. 109 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 22 Exhibit D Professional Services 1. Statements of Work CSDC and Purchaser may enter into Orders for Professional Services as described in Section 1 (Agreement) of the MLSA, which upon mutual acceptance and execution shall become a part of the MLSA. Each Order for Professional Services is referred to in this Exhibit D as a “Statement of Work” or “SOW.” The term “Services” as used in this Exhibit D refers only to those Professional Services identified in a SOW. Each SOW will include, at a minimum, the following: • the name and contact information for CSDC’s designated Project Manager; • the name and contact information for Purchaser’s designated Project Manager; • a description of the services to be performed by CSDC (the “Professional Services”); • each item to be delivered to Purchaser (each, a “Deliverable”); • the fixed-price or time and material fees for the Services (the “Fees”); • the start date, expected delivery dates for Deliverables, dates for any other milestones and the anticipated end date for the Services (“Schedule”); • Purchaser’s obligations and other requirements necessary for completion of the Services (“Dependencies”); • acceptance criteria and testing plans (if applicable) for Deliverables relating to fixed-price Services (“Acceptance Criteria”); and • any other special terms that apply to the Statement of Work (“Special Terms”). In the event CSDC performs any Services prior to (or in absence of) the execution of an applicable SOW, all such Services will be deemed performed on a time and materials basis in accordance with CSDC’s then-current rates and will be governed in all respects by the terms and conditions of this Agreement . CSDC may perform Services remotely from its offices unless the applicable SOW expressly states that the Services are to be performed onsite at a different location (“Onsite”). Unless specifically stated otherwise in the applicable SOW, CSDC has no obligation to perform background checks or drug screening of its personnel assigned to perform Onsite Services. CSDC has no obligation to perform Services outside of its normal business hours unless expressly agreed in writing. CSDC may charge a higher rate for hourly services performed outside of regular business hours. 8.E.a Packet Pg. 110 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 23 2. Change Orders. Purchaser may request changes to any SOW by providing a written request (which may be in the form of an email) to CSDC. CSDC is not required to begin work on any requested Services until the parties have agreed to a written document describing the change and the related fees and timelines (a “Change Order”). For significant change requests, CSDC may require Purchaser to pay CSDC’s hourly time and materials rate for time spent to evaluate the request and create a scope of work; provided that Purchaser must agree in writing to any CSDC fees for evaluation and scoping services. 3. Project Managers. Each parties’ Project Manager must have an in-depth knowledge of the requirements for the applicable project and authority to provide approvals as needed in the course of the performance of the Services. Each party’s Project Manager must be reasonably available during business hours, and must respond to requests for information in a reasonably prompt manner. The Project Managers will meet at least once per week unless otherwise agreed. 4. Purchaser Obligations 4.1 General. Purchaser will provide all of the resources and perform all of the tasks assigned to it as further described in any SOW, including where applicable the provision of clear design requirements and other relevant user information. Purchaser acknowledges that its failure to meet its obligations under an SOW, or to otherwise provide all reasonable cooperation in connection with CSDC’s performance of the Services, may result in delays in the performance of the Services, a reduction in the functionality of the Deliverables and/or increases in the Fees. Purchaser further acknowledges that its failure to provide required technical resources and equipment (e.g. application servers) for operation of the Deliverables may result in the failure of a Deliverable to meet the Acceptance Criteria. Purchaser acknowledges that it will be solely responsible for the impact of any failure described in this Section 4. CSDC will provide written notice to Purchaser of any failure described in this Section 4 (which notice may be included in CSDC’s standard status report or delivered in email). Thereafter, Purchaser and CSDC will work together to devise a resolution to the situation and document the impact of the failure and planned resolution on the Schedule, Deliverables and Fees, as applicable. 4.2 Reviews. CSDC will deliver each Deliverable to Purchaser for its review and approval in accordance with the terms and conditions of the applicable SOW. Purchaser acknowledges that the development of the Deliverables is an iterative process and will require Purchaser’s review and input on a regular basis. Purchaser will provide such review and input on a timely basis as further described in this Section 4. When asked to review and accept specific Deliverables, Purchaser will not unreasonably withhold or delay such acceptance. 4.3 Systems Backup and Other Prerequisites. Purchaser must backup all Software configurations and data that CSDC personnel will access as part of the Services before CSDC begins the Services and store the backup on a separate environment. 4.4 Onsite Services. If CSDC provides Onsite Services, Purchaser must provide a safe and suitable facility for the performance of the Services, including compliance with applicable laws and industry standards for health, safety, and security. Purchaser must have at least one representative physically present at the applicable location during the entire time that the CSDC personnel are onsite. Purchaser must also provide the CSDC personnel with desk space, Internet access, and other facilities and services as CSDC may reasonably request to perform the Services. CSDC personnel will comply with Purchaser’s safety and security procedures generally applicable to Purchaser’s onsite vendors, provided those procedures are communicated by Purchaser to CSDC. 4.5 Systems Access. Purchaser must provide CSDC personnel with access to Purchaser’s information technology systems as CSDC may reasonably request for the performance of the Services, including remote access if 8.E.a Packet Pg. 111 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d 24 requested. CSDC will comply with Purchaser’s security requirements for such access that are made part of the order, or if no security requirements are included in the order, Purchaser’s reasonable security requirements communicated in advance to CSDC. 5. Acceptance 5.1 Acceptance for Fixed-Price Projects. For Services provided on a fixed-price basis, Purchaser will review and approve each Deliverable in accordance with the testing and other procedures set forth in the applicable SOW within the time period specified in the SOW (the “Acceptance Period”). If no time period is specified, then the Acceptance Period will be five (5) business days. If, after following the testing and other procedures set forth in the applicable SOW, Purchaser reasonably determines that a Deliverable does not conform to the Acceptance Criteria in any material respect, then, within the Acceptance Period, Purchaser will notify CSDC and provide specific, detailed descriptions of any non-conformity. CSDC will work diligently to correct any non-conformity as soon as practicable and redeliver the Deliverable to Purchaser for its review and approval as described in this Section 5. If at any time Purchaser fails to provide CSDC with notice of acceptance or non-conformance within the applicable Acceptance Period, then Purchaser will be deemed to have accepted the applicable Deliverable. If at any time Purchaser puts any Deliverable “into production” (i.e. makes the Deliverable available for use in its own production environment), then Purchaser will be deemed to have accepted the applicable Deliverable. If the parties disagree about the materiality of any non-conformity, the parties will work together in good faith to resolve the disagreement promptly (including escalating the disagreement to individuals at a higher level of management within their respective organizations). For Services provided on a fixed price basis where there is no Acceptance Criteria set forth in the applicable SOW, then Purchaser’s acceptance will be deemed to have occurred on delivery of the applicable Services and Deliverables. 5.2 Acceptance for Time and Materials Projects. For Services provided on a time and materials basis, acceptance will be deemed to have occurred on delivery of the applicable Services and Deliverables. 6. Services Warranty. CSDC warrants for the applicable warranty period Services will be performed in a professional and workman-like manner by appropriately trained personnel, using generally accepted industry standards and practices. As CSDC's sole liability and Purchaser’s exclusive remedy for a breach of this warranty, if the Services are not provided as warranted, CSDC will, at its sole discretion, either: (i) correct any material non- conformances in the Deliverables; (ii) re-perform the Services; or (iii) credit Purchaser for the amount paid for the nonconforming Services. This warranty does not apply to the extent any non-conformity relates to (i) any specifications, code, diagnostic or other tools, or any other materials provided by Purchaser; (ii) the integration, operation, modification, or use of the Services or any Deliverables in any manner not authorized by CSDC, and (iii) any changes to the network environment after the Services were rendered. The warranty period for Services provided on a time and materials basis is thirty (30) days, or as defined in the Order (“SOW”), following the completion of the Services. The warranty period for Services provided on a fixed price basis is thirty (30) days, or as defined in the Order (“SOW”), following acceptance of the final Deliverables. 7. Rights in Deliverables. Purchaser acknowledges that the Deliverables are not prepared on a “work for hire” basis and that Purchaser acquires only the license rights in the Deliverables that are expressly granted in this Exhibit D unless other rights are expressly stated in the applicable SOW. Subject to the payment of the applicable fees, CSDC grants to Purchaser a license to use the Deliverables on the same terms, conditions, and restrictions stated in the MSLA for the product Software with which the Deliverables are designed to be used. CSDC retains all other right, title and interest in and to Deliverables. End of Exhibit D 8.E.a Packet Pg. 112 At t a c h m e n t : E x h i b i t A - C S D C M a s t e r L i c e n s e a n d S e r v i c e s A g r e e m e n t ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d City of Kent – Permitting System Phase 0 - Discovery Prepared on February 21, 2019 by CSDC Inc. for: City of Kent CSDC Inc. 804 Las Cimas Parkway, Suite 100, Austin, TX 78746 Prepared By: Tom Shaw Director, Business Development 561-628-9743 t.shaw@csdcsystems.com 8.E.b Packet Pg. 113 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation Phase 0- Statement of Work ii Contents 1. Overview ................................................................................................................................................. 2 2. Services and Deliverables ....................................................................................................................... 2 2.1. Preparation ................................................................................................................................... 2 2.2. Discovery and Needs Analysis ....................................................................................................... 3 2.3. Project Management .................................................................................................................... 4 2.4. Informal Deliverables .................................................................................................................... 5 3. Dependencies and Assumptions ............................................................................................................ 6 3.1. Dependencies ................................................................................................................................ 6 3.2. Additional Dependencies (Assumptions) ...................................................................................... 7 3.3. Customer Assumptions ................................................................................................................. 7 3.4. Out of Scope .................................................................................................................................. 8 4. Acceptance Criteria and Acceptance Period .......................................................................................... 9 5. Fee and Payment Terms ....................................................................................................................... 10 City of Kent .............................................................................................................................................. 11 CSDC ........................................................................................................................................................ 11 Appendix A: Workflow Streams .............................................................................................................. 12 Appendix B: Deliverables Details ............................................................................................................. 13 App B.1. Preparation Phase ............................................................................................................... 13 App B.2. Discovery Needs Analysis .................................................................................................... 13 App B.3. Deliverable Table ................................................................................................................ 15 Appendix C: Deliverable Acceptance....................................................................................................... 16 Appendix D: Pre-Analysis Homework ...................................................................................................... 17 Appendix E: Preliminary Project Plan ...................................................................................................... 19 8.E.b Packet Pg. 114 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 1 This Statement of Work (“SOW”) is entered into by and between CSDC (“Prime”) and the City of Kent (“Customer”) with Vision33, Inc. (“Vision33”) as services subcontractor. Project Name Kent Discovery Phase Service Start Date Anticipated Service End Date April 01, 2019 May 13, 2019 This SOW is organized as follows: Overview This section provides a brief overview of the project including guiding goals. Services and Deliverables This section describes the Services that Vision33 will perform and the Deliverables that will be provided to Customer during this engagement. Dependencies and Assumptions This section lists the Customer and/or third-party tasks and responsibilities and project assumptions upon which the Schedule and Fee are based. Acceptance Criteria and Acceptance Period This section describes the Acceptance Criteria (i.e., the criteria for software acceptance) and the applicable Acceptance Period. Fee and Payment Terms This section identifies the Fees and Payment Schedule for this SOW. The following appendices provide supporting material, as referred to in the above sections: Appendix A Workflow Streams Appendix B Deliverables Details Appendix C Deliverable Acceptance Form Appendix D Pre-Analysis Home Appendix E Preliminary Project Plan 8.E.b Packet Pg. 115 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 2 1. Overview CSDC (“Prime”) is working with its partner, Vision33, as a sub-contractor and service provider in order to implement the CSDC owned software, Amanda, for The City of Kent, Washington (“Customer”). The goals of this project are; • To provide workflow optimization for their Permitting, Licensing, and Code Enforcement activities • Leverage industry best practices and best of breed technology through the Amanda platform to address the work streams previously identified and confirmed as part of this discovery process. To meet these goals, Vision33 will coordinate with Prime but work directly with the Customer on all activities related to services provided. Vision33 will staff and manage all resources required to provide the services and deliverables as described in this SOW. 2. Services and Deliverables Vision33 will perform the Services described below, including providing the specified Deliverables. The Deliverables will be provided in electronic and/or hard copy form, as appropriate. The following sub-sections describe the tasks and deliverables that Vision33 will complete as part of City of Kent Amanda Implementation – Discovery Phase. Further details for deliverables are included in Appendix B. Deliverables will be considered “complete” when all the acceptance criteria set forth in Appendix B as modified by mutual agreement (in writing) has been met or the prescribed review period for each deliverable/task has expired without written response from Customer. Key deliverables will require a Deliverable Acceptance (DA) form signed by Customer. These are denoted with a “(DA Form required)” annotation in the detailed deliverables list in Appendix B. A sample form is shown in Appendix C: Sample Deliverable Acceptance Document. Any item listed as Customer Dependency is required from the Customer to successfully complete a service or deliverable. Delays in by Customer in providing any dependency may result in a delay to the project and an associated increase in fees. Any such delays as well as changes in scope or requirements, will be handled through a change order process to adjust the schedule and fees. All dependency timelines and expected delivery dates will be agreed upon in the initial four (4) weeks of the project during the Preparation Phase. 2.1. Preparation Preparation sets the foundation for all subsequent activities. This stage includes the following tasks: • Initial kick–off meetings to present the project schedule for the Discovery Phase and objectives to all interested parties o Leadership Initiatives and Expectations o Draft Project Charter – Non-formal Deliverable • Customer and Vision33 perform SOW review and confirmation. • Vision33 and Customer perform detailed project planning for the Discovery 8.E.b Packet Pg. 116 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 3 • Customer and Vision33 perform resource planning • Discuss preparations to install hardware and software infrastructure in Phase I • Prepare draft Project Charter for Phase I (non-formal deliverable) Deliverables: • Mutually confirmed scope • Baseline project plan Customer Dependencies: • Documentation of current business processes • Demonstration of Customer’s existing system • Sign-off on scope 2.2. Discovery and Needs Analysis During Discovery and Needs Analysis business requirements are gathered and documented to provide a formal Business Requirements Document for signoff. The Business Requirements Document serves as input for Phase I and 2 of the City of Kent Amanda Implementation. In this stage, Vision33 will lead workshops to document the following: • Review of Workflows: Current State v Future State Expectations o Deliverable 1: BRD - Current v Future Section • Review of Pain Points o Deliverable 1: BRD – Pain Points Section • Business Requirements and Fire Prevention Scoping Workshops • Deliverable 1: BRD - Requirement Section • Infrastructure Workshop o Define the environments that will be made available (DEV, TEST, STAGING, PROD) o Discuss minimum requirements and typical infrastructure setup (DMZ, Proxy servers, application servers, tenancy, etc.) o Deliverable 1: BRD - Network Topology Section • Data Sources Identification (for Data Conversion) o Number of sources o Types of sources (Access dbs, Oracle, SQL Server, etc.) o Cutover Data ▪ Tombstone ▪ Date specific o Deliverable 1: BRD – Conversion Source • Interfaces identification • Rank need / priority of each interface identified • Deliverable 1: BRD – Interfaces Section • Timeline Review in conjunctions with in-flight projects 8.E.b Packet Pg. 117 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 4 • Deliverable 2: Updated Phased Project Plans for Phase 1 &2 • Current State Portal Review o Identifies whether the baseline portal feasibility for Phase 1 & 2 implementations o Deliverable 3: Modified Statement of Work for Phase 1 and Phase 2 Deliverables: • Deliverable 1: Business Requirements Document (BRD) • Deliverable 2: Updated Phased Project Plans for Phase 1 &2 • Deliverable 3: Modified Statement of Work for Phase 1 & 2 o Changes in Scope may impact cost and schedule for either or both Phase 1 and Phase 2 o Fire Prevention Scoping Workshops, established to identify scope, was originally not in scope. Output of the workshops will impact both cost and schedule. • Draft Project Charter for Phase I (informal deliverable) Customer Dependencies: • Active SME participation in Business Requirements workshops and other Needs Analysis sessions • Active Customer PM and SME participation in Discovery workshops • Sign-off on Business Requirements Document (BRD) 2.3. Project Management The Services include the provision of the management and reporting structure for the Vision33 team. Vision33 will also take primary responsibility for coordinating the overall implementation, working with Customer’s Project Manager(s). This includes managing scope and issue resolution and facilitating status meetings in conjunction with the Customer team and stakeholders. 2.3.1. Vision33 Project Manager Vision33 Project Manager will: • Serve as primary interface between Vision33 and the Customer and manage the overall communication plan • Manage and deploy Vision33 project resources • Provide deliverables and drive closure of Vision33 team actions as necessary. • Generate regular status reports including an updated Project Management Schedule. • Attend and participate in key project meetings and workshops listed within the SOW. • Manage scope and schedule • Manage deliverable acceptance. • Develop and maintain any internal, higher level Program Schedule, in consultation with the Customer Project Manager if so required. 8.E.b Packet Pg. 118 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 5 2.3.2. Customer Project Manager Customer’s project manager will: • Work closely with Vision33 Project Manager to ensure successful completion of the project. • Coordinate Customer Resources to meet Customer Dependencies and all Customer activities for the project • Assist Vision33 Project Manager to develop and maintain any internal, higher level Program Schedule. • Attend weekly status meetings with Vision33 Project Manager • Drive the closure of Customer actions and deliverables pursuant to the definition of business needs • Be responsible for Deliverable Work Package Acceptance • Coordinate Customer’s review of the project document and software deliverables and obtain signoff of an approval form to signify acceptance for each deliverable. 2.3.3. Prime Project Manager Prime Project Manager will: • Manage and communicate with all Prime internal resources • Provide product support management • Cross-partner project coordination, ensuring all parties are appropriately aligned. • Attend weekly status meetings with Vision33 and Customer Project Manager 2.4. Informal Deliverables In addition to the Deliverables provided in the previous sections, Vision33 is responsible for providing the following: • Draft Project Charter as input to Phase 1 Preparation. 8.E.b Packet Pg. 119 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 6 3. Dependencies and Assumptions The following is a list of additional Dependencies beyond those listed in section (B), including responsibilities and other requirements necessary for the successful completion of the Services. This information is used to establish the Schedule and the Fee. Customer acknowledges that the Schedule and Fee may be modified in the event of any failure to meet obligations (in whole or in part), as further described in the Agreement. 3.1. Dependencies 3.1.1. Decision-making and Deadlines Customer’s Project Manager(s) is: Name: Hisham Hassan Contact Information: HHassan@kentwashington.gov 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-4618 | Fax 253-856-4700 The Project Manager will manage approvals of Deliverables, including use of required technologies, system content and structure, or other implementation issues. All such decisions will be made within a maximum of three (3) business days but are subject to a faster response time or an extension that is mutually agreed to in writing between Vision33 and Customer. Customer acknowledges that any delays or failures in its cooperation as described in this Section may result in delays in the Schedule, reduction of functionality or an increase in the Fees, as further described in the Master Partner Agreement. 3.1.2. Scope The Services are provided in a fixed time, fixed fee manner. Throughout the project, all parties are required to actively collaborate to make decisions in a very timely manner to meet the delivery dates and control the scope of the Deliverables. 3.1.3. Work Site The Services will be performed in Vision33 offices, except where it is mutually agreed that circumstances require otherwise. Should it be necessary for the Vision33 team to work other than at the Vision33 office, Customer will provide suitable physical office space, building access, system privileges and required office infrastructure to allow the project team to remain productive. 3.1.4. Access to Customer Materials and Information Customer will make documents and other materials available as specified in the project plan and/or agreed to by the Project Managers. 8.E.b Packet Pg. 120 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 7 3.2. Additional Dependencies (Assumptions) 3.2.1. Dates Project start date is scheduled for 1st of April, 2019. This and other identified project dates are dependent on contract approval and Vision33 resource availability. 3.2.2. Continuity Activities and costs presented in this Statement of Work are based on continuous execution with no material interruption. 3.2.3. Procedures Contracted procedures will be followed, including the change order procedure to manage any identified deviation in project scope, schedule, or budget. 3.2.4. Other Assumptions • Scope and Project Schedules for Phase I and Phase II will be updated on the basis of the completed BRD. • Hardware / software installation will update Phase I Statement of Work. • Data Conversion Source identification will update Phase 2 Statement of Work and Pricing • Interfaces identification will update Phase 2 Statement of Work and Pricing • Interfaces ranking will be incorporated into Phase 2 Statement of Work • Portal Review may affect Phase 1 and 2 Statement of Work documents, including cost and schedule • Fire Prevention may affect Phase 1 and 2 Statement of Work documents, including cost and schedule • Land Management and Code Enforcement, if added to Phase 1 by this analysis, may affect the Phase 1 Statement of Work, including cost and schedule 3.3. Customer Assumptions 3.3.1. Current State Workflows and documentation The Customer will provide Current State Workflows and associated documentation during initiation to inform the Business Requirements workshops. 3.3.2. Dedicated SMEs Customer will provide Project SMEs who are dedicated to project. 3.3.3. Dedicated PM Customer will provide a dedicated project manager to assist in the Customer resource planning, documentation review, and change management facilitation. 8.E.b Packet Pg. 121 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 8 3.3.4. Dedicated Business Analyst Customer will provide a dedicated business analyst to assist in maintaining outputs and requirements provided to the Vision33 implementation team. The Customer business analyst will not perform requirements gathering for Vision33 and is solely focused on providing content for Vision33 workshops. 3.4. Out of Scope Vision33 is not required to provide any Services or Deliverables that are not specifically described in this SOW. For example, the following features and capabilities are excluded from the Services: • Data cleansing • End User training plan • Amanda Product Troubleshooting and release Quality Assurance • Proof of Concept activities • Core Product Enhancement requirements or development; including the Inspector App and Amanda Public Portal • Needs Analysis Requirements documents • Configuration of solution(s) • UAT support and testing • Training or Training materials • IT or Product support • Extensive Vision33 Test Plan, Test Procedures, or Test Reports. • Post Go-Live Product Support and Maintenance for non-configuration elements 8.E.b Packet Pg. 122 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 9 4. Acceptance Criteria and Acceptance Period For purposes of this Section: Vision33 will deliver the Deliverables described in this SOW. For each deliverable, Customer will review and provide either sign-off of acceptance or feedback for discussion and correction within three (3) business days. Any Deliverable that does not receive notification of non-acceptance within that time period will be deemed accepted. 8.E.b Packet Pg. 123 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 10 5. Fee and Payment Terms The Fee for the Services and Deliverables described in this SOW is $81,219.20 USD. Vision33 may travel on site for key meetings and activities related to the project (on request). Travel is estimated at $3500 per resource to be onsite from Monday to early Friday. A recommended travel budget for the project would be up to (4) trips for a total $14,000. This is a budgetary number and not a fixed price. The City of Kent will authorize when trips can occur and can request additional trips beyond this budget. A Change Order and/or Amendment will be required to add funding for Travel, should additional travel be deemed necessary Payment Table Milestone Invoice Amount (USD) Timeframe Kickoff / Project Plan $18,080.00 Apr-19 Business Requirements Document $49,462.40 May-19 Updated SOW I $6,838.40 May-19 Updated SOW II $6,838.40 May-19 Travel Budget (billed as actuals) $14, 000.00 As Incurred Professional Services and Travel Total (USD) $95,219.20 8.E.b Packet Pg. 124 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 11 Customer’s current billing and purchasing information is detailed below. Billing/Purchasing Contact Name: ____________________________________________ Contact Email Address: ____________________________________________ Billing Address: ____________________________________________ ____________________________________________ ____________________________________________ Total SOW Amount: ____________________________________________ Purchase Order No: ____________________________________________ Accepted and agreed: City of Kent CSDC By By Name Name Title Title Date Date 8.E.b Packet Pg. 125 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 12 Appendix A: Workflow Streams Workflow Grouping Workflows Not Applicable for Discovery Not Applicable for Discovery 8.E.b Packet Pg. 126 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 13 Appendix B: Deliverables Details The following subsections provide details of key deliverables to be completed and provided to Customer by Vision33. As each deliverable is provided, the Customer Project Manager will be notified. Unless specifically note in the deliverable description, Customer has three (3) business days to review each deliverable and provide written notification of acceptance or non-acceptance of the deliverable. If no notification is provided, the deliverable will be deemed accepted. Any notice of non-acceptance must include detailed feedback of the reason Customer does not accept. Acceptance Criteria and Acceptance Period App B.1. Preparation Phase App B.1.1 Discovery Kickoff Deliverable Description: A leadership driven session to introduce the vendor, objectives, goals, and exit criteria necessary for a successful implementation. Upon completion the slide package is delivered to Customer. Assumptions and Constraints: o Prior to kickoff items provided from the “Pre-Analysis Homework”, required from the Customer, will be provided to Vision33. o Kickoff may be in conjunction with the discovery workshops to optimize availability and maintain planned durations. o Kickoff Slides include project scope, goals and expectations, risks, PM process, high level schedule. Acceptance Criteria: Completion of Kickoff Session and delivery of slide package. App B.1.2 Project Plan Deliverable Description: Mutually agreed upon project schedule, maintained by Vision33, to commence the project. Assumptions and Constraints: o Vision33 maintains the project plan. Exports can be provided upon request but the Vision33 collaborative project schedule will be the System of Record. o Customer Project Manager has identified SMEs and IT resources that will be available throughout the implementation o Completion will baseline the initial project plan. Rebalancing activities will occur on a regular basis and will account for any expected vacation/holiday plans for resources and update for any lag that has occurred. Acceptance Criteria: Customer Project Manager review and agreement to schedule and resourcing. App B.2. Discovery Needs Analysis App B.2.1 Business Requirements Document Deliverable Description: Document that describes the functional business requirements needed to deliver Phase I and Phase II objectives. To include: 8.E.b Packet Pg. 127 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 14 • Current v Future Section • Requirement Section • Pain Points Section • Network Topology Section • Conversion Sources Section • Interfaces Section Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the BRD. App B.2.2 Phased Project Plan Deliverable Description: Update Phased Project Plans for Phase 1 & 2 based on discovery workshops and BRD development. Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of Phased Project Plan App B.2.3 Phase 1 Statement of Work; Phase 2 Statement of Work Deliverable Description: Updated Phase 1 and Phase 2 Statement of Work documents, based on discovery workshops and BRD development. Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the updated Statement of work App B.2.4 Draft Project Charter for Phases Deliverable Description: Project Charter document detailing the objectives, vision, and operational processes under which the project team will execute the project. Acceptance Criteria: None; Draft Project Charter 8.E.b Packet Pg. 128 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 15 App B.3. Deliverable Table The following table lists the invoice value for each deliverable given above. The table is organized by project phase, estimated date range is based on the preliminary project plan provided in Appendix # E Item Phase / Deliverable Deliverable Cost B.1. Preparation Phase B.1.1. Discovery Kickoff / Project Charter $18,080.00 B.2. Discovery Needs Analysis B.2.1. Business Requirements Document $49,462.40 B.2.2. Phased Project Plan $6,838.40 B.2.3. Updated SOWs for Phase 1 and Phase 2 $6,838.40 B.2.5. Travel Budget $14,000.00 8.E.b Packet Pg. 129 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 16 Appendix C: Deliverable Acceptance Milestone Acceptance Request Project Name: Date Requested: Reference: Requested Return Date: Requested By: Telephone: Deliverable Name: Date and Version: Deliverable Cost to be Invoiced: Deliverable Disposition Accepted No Conditions Accepted with Conditions Rejected Comments: Attachment: Signature: (Indicating Acceptance) 8.E.b Packet Pg. 130 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 17 Appendix D: Pre-Analysis Homework Topic Item list Leadership • Provide Full Name, Role/Title, and Department for the following roles: o CIO o Project Sponsor o Department Directors or Officials o Project Manager o Business Analyst Users • Proved Full Name, Role/Title, and Department for all Backoffice Users • Provide Full Name, Title, Discipline, and Regions (if applicable) for all Inspectors • Provide Full Name, Title, and Support Function for all IT members involved in this engagement Business • What is the primary goal of the system? • Synopsis of the business • Process Flow diagrams Operational • Standard Operating Procedures (if available) Customer Interaction • Paper application • Any public portal available? • How does the public provide information to San Jose? Communication • Letters sent to public • Emails • Certifications Dependencies • Individual applications • Progressive applications (a,b,c) Internal reporting • Report Examples • Detail important metrics to operations Fees • Fees • Discounts • Computational logic 8.E.b Packet Pg. 131 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 18 Current State • Pain Points • Expectation of the new systems • Peak volume • Busy periods • “Case” Metrics – Number of Folders per year • Licenses for existing systems or Third-Party systems - expiry dates, deadlines? Eligibility • Any Certifications? • Any third-party service providers Reviewers • Communication to the external reviewer • Inspections Current application • Walkthrough (recorded) • Identify Unique requirements: • Relate to AMANDA o People o Property o Attachments o Business Rules • Data Conversion (legacy system description of overall purpose) Accounting • Interface with GL • Reconciliation 8.E.b Packet Pg. 132 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 19 Appendix E: Preliminary Project Plan Task Name Start Finish Phase 0 - Discovery Phase Apr 1 '19 May 13 '19 Contract Executed Apr 1 '19 Apr 1 '19 Week 1 Onsite sessions Apr 1 '19 Apr 5 '19 Project Kickoff Meeting (Payment Milestone) 10% Apr 5 '19 Apr 5 '19 Planning - Onsite Apr 2 '19 Apr 5 '19 Remote Access for Vision33's team Apr 2 '19 Apr 2 '19 Discovery Project Plan Finalize with Client Apr 3 '19 Apr 4 '19 Prepare for Kickoff meeting Apr 5 '19 Apr 5 '19 Analysis Sessions Onsite Apr 1 '19 Apr 5 '19 Current vs Future State 2 half day sessions Apr 1 '19 Apr 1 '19 Business requirements Sessions 4 half day sessions Apr 2 '19 Apr 3 '19 Pain Point Sessions 1 Half day session Apr 4 '19 Apr 4 '19 Network Topology Session 1 half-day session Apr 5 '19 Apr 5 '19 Week 2 -Onsite Apr 9 '19 Apr 15 '19 Fire Prevention Scoping (6 half Day Sessions) Apr 9 '19 Apr 11 '19 Conversion 4 Half day remote sessions Apr 12 '19 Apr 12 '19 Interface requirements Sessions Apr 15 '19 Apr 15 '19 Onsite Discovery completed (Payment Milestone) 25% Apr 12 '19 Apr 12 '19 Week 3 Apr 1 '19 Apr 5 '19 BRD Development Apr 1 '19 Apr 5 '19 Week 4 Apr 8 '19 Apr 12 '19 BRD Development Apr 8 '19 Apr 12 '19 Project Plan refinement Apr 8 '19 Apr 10 '19 Week 5 Apr 15 '19 May 1 '19 BRD Development Apr 15 '19 Apr 16 '19 BRD Review with City of Kent Apr 29 '19 May 1 '19 Project Plan Review with City of Kent Apr 15 '19 Apr 16 '19 Week 6 May 1 '19 May 8 '19 BRD Updates and issuance May 2 '19 May 6 '19 BRD Delivered to City of Kent May 1 '19 May 1 '19 Project Plan updates and Issuance May 2 '19 May 2 '19 Phase 1 and 2 Project Plan Delivered to City of Kent May 2 '19 May 2 '19 SOW Updates Phase 1 & 2 May 7 '19 May 8 '19 8.E.b Packet Pg. 133 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Amanda Implementation – Discovery – Statement of Work 20 Task Name Start Finish Week 7 May 9 '19 May 13 '19 Fire Services Scoping document May 9 '19 May 13 '19 SOW Phase 1 and 2 Delivered to City of Kent (65%) May 13 '19 May 13 '19 8.E.b Packet Pg. 134 At t a c h m e n t : E x h i b i t B - C S D C A m a n d a S O W 0 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Permitting System Phase 1 - Pilot Prepared on February 21, 2019 by CSDC Inc. for: City of Kent CSDC Inc. 804 Las Cimas Parkway, Suite 100, Austin, TX 78746 Prepared By: Tom Shaw Director, Business Development 561-628-9743 t.shaw@csdcsystems.com 8.E.c Packet Pg. 135 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation - Statement of Work ii Contents 1. Overview ................................................................................................................................................. 1 2. Services and Deliverables ....................................................................................................................... 2 2.1. Preparation ................................................................................................................................... 3 2.2. Solution Verification & Prototype ................................................................................................. 3 2.3. Needs Analysis .............................................................................................................................. 4 2.4. Configuration ................................................................................................................................ 6 2.5. Limited Solution Verification Testing ............................................................................................ 7 2.6. Closure .......................................................................................................................................... 8 2.8. Additional Deliverables ................................................................................................................. 9 3. Dependencies and Assumptions .......................................................................................................... 10 3.1. Dependencies .............................................................................................................................. 10 3.2. Additional Dependencies (Assumptions) .................................................................................... 11 3.3. Customer Assumptions ............................................................................................................... 12 3.4. Out of Scope ................................................................................................................................ 14 4. Acceptance Criteria and Acceptance Period ........................................................................................ 16 5. Fee and Payment Terms ....................................................................................................................... 17 City of Kent .............................................................................................................................................. 18 CSDC Inc. ................................................................................................................................................. 18 Appendix A: Workflow Streams .............................................................................................................. 19 Appendix B: Workflow Streams Task and Deliverables Details ............................................................... 20 App B.1. Preparation Phase ............................................................................................................... 20 App B.2. Solution Verification & Prototype ....................................................................................... 20 App B.3. Needs Analysis .................................................................................................................... 21 App B.4. Configuration ...................................................................................................................... 24 App B.5. Go Live and Closure ............................................................................................................. 25 App B.6. Deliverables ......................................................................................................................... 25 Appendix C: Deliverable Acceptance....................................................................................................... 27 Appendix D: Pre-Analysis Homework ...................................................................................................... 28 Appendix E: Preliminary Project Plan ...................................................................................................... 30 8.E.c Packet Pg. 136 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation - Statement of Work iii 8.E.c Packet Pg. 137 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 1 | P a g e This Statement of Work (“SOW”) is entered into by and between CSDC (“Prime”) and the City of Kent (“Customer”) with Vision33, Inc. (“Vision33”) as services subcontractor. Project Name Kent Amanda Implementation – Pilot – Phase 1 Service Start Date Anticipated Service End Date May 20, 2019 September 10, 2019 This SOW is organized as follows: 1. Overview This section provides a brief overview of the project including guiding goals. 2. Services and Deliverables This section describes the Services that Vision33 will perform and the Deliverables that will be provided to Customer during this engagement. 3. Dependencies and Assumptions This section lists the Customer and/or third-party tasks and responsibilities and project assumptions upon which the Schedule and Fee are based. 4. Acceptance Criteria and Acceptance Period This section describes the Acceptance Criteria (i.e., the criteria for software acceptance) and the applicable Acceptance Period. 5. Fee and Payment Terms This section identifies the Fees and Payment Schedule for this SOW. The following appendices provide supporting material, as referred to in the above sections: Appendix A Workflow Streams Appendix B Task and Deliverables Details Appendix C Deliverable Acceptance Form Appendix D Pre-Analysis Home Appendix E Preliminary Project Plan 1. Overview Vision33 is working with CSDC (“Prime”) as a sub-contractor on their, multi-phased, project to implement Amanda for The Customer of Kent, Washington (the Customer). The goals of this project are: 8.E.c Packet Pg. 138 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 2 | P a g e • To provide workflow optimization for their Permitting, Licensing, and Code Enforcement activities • Leverage industry best practices and best of breed technology through the Amanda platform to address the work streams listed in Appendix A • Phase 1 will address providing a pilot solution for two workstreams and will execute all Amanda Implementation project phases up to and including limited Solution Verification Testing stage. The workstreams will include the following: o Building Permit – Residential Permitting without trade permitting. o Land Use Planning – Site Plan • Phase 1 will conclude at the end of this stage and SVT the solution will not be migrated into Production. To meet these goals, Vision33 will coordinate with Prime but work directly with the Customer on all activities related to services provided. Vision33 will staff and manage all resources required to provide the services and deliverables as described in this SOW. 2. Services and Deliverables Vision33 will perform the Services described below, including providing the specified Deliverables. The Deliverables will be provided in electronic and/or hard copy form, as appropriate. The following sub-sections describe the tasks and deliverables that Vision33 will complete by the end of the project described in this SOW. Further details for deliverables are included in Appendix B. Deliverables will be considered “complete” when all the acceptance criteria set forth in Appendix B as modified by mutual agreement (in writing) has been met or the prescribed review period for each deliverable/task has expired without written response from the Customer. Key deliverables will require a Deliverable Acceptance (DA) form signed by the Customer. These are denoted with a “(DA Form required)” annotation in the detailed deliverables list in Appendix B. A sample form is shown in Appendix C: Sample Deliverable Acceptance Document. Any item listed as Customer Dependency is required from the Customer to successfully complete a service or deliverable. Delays by Customer in providing any dependency may result in a delay to the project and an associated increase in fees. Any such delays as well as changes in scope or requirements, will be handled through a change order process to adjust the schedule and fees. All dependency timelines and expected delivery dates will be agreed upon in the initial four (4) weeks of the project during the Preparation Phase. 8.E.c Packet Pg. 139 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 3 | P a g e 2.1. Preparation During Preparation the foundation for all subsequent phases, within Vision 33’s Amanda Implementation Methodology (AIM), is set. This phase includes the following tasks: • Initial kick–off meetings present the project schedule and objectives to all interested parties • Vision33 performs pre-analysis o Collect documentation of current business processes for all workstreams listed in Appendix A o Review Customer’s existing system (if any) processes for all workstreams listed in Appendix A • Customer and Vision33 perform SOW review and confirmation of Scoping Document • Customer and Vision33 review approved BRD from Discovery project (Phase 0) • Vision33 and Customer performs/confirms detailed project planning • Customer and Vision33 perform resource planning • Customer prepares and installs hardware and software infrastructure Deliverables: • Mutually confirmed scope: Phase 1 Project Charter • Baseline project plan confirmation (Discovery deliverable) Customer Dependencies: • Business Requirements Document (Discovery deliverable) • Sign-off on Project Charter • Hardware and supporting environment prepared (Vision33 and Prime access and software installation) 2.2. Solution Verification & Prototype Solution Verification & Prototyping establishes the initial “to-be” AMANDA Folders (records: permits/license/case/etc.) that will be fully elaborated in subsequent phases, and confirms a list of output documents, interfaces/integrations, and portal services needed. This phase includes the following tasks: • Vision33 conducts Solution Verification workshop with Customer Subject Matter Experts (SMEs) o Review of two (2) Amanda Folder Types for pilot workflows ▪ Residential Permit ▪ Site Plan • Vision33 conducts Key Stakeholder review 8.E.c Packet Pg. 140 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 4 | P a g e o Prototype Folder Type development and review o Functional requirement alignment o Provides input to Solution Design Document (SDD) Deliverables: • Solution Design Document o General, high-level Solution Architecture o High-level module walk-through guides o Listing of high-level folder types o Outputs o Interfaces (Base GIS adaptor integration & Blue Beam) o Web flag enabled Base Portal for two (2) Folder Types • Amanda Folder Prototype • Initial Draft Traceability Matrix tied to BRD Customer Dependencies: • List and sample of reports to be generated from the system • List of interfaces to be built and available documentation (Blue Beam) • SME participation in Solution Verification workshop and validation of Folder Type list • Key Stakeholder review and sign-off of prototype Folder Types 2.3. Needs Analysis During Needs Analysis business requirements are analyzed including detailed analysis of Folders, Reports, Batches, Interfaces/Integrations, Portal, Mobile and Data Conversion requirements. This phase includes the following tasks: • Vision33 conducts Product Orientation Training • Vision33 leads business fit workshops o Capture detailed business and configuration requirements, including but not limited to ▪ Data validation rules ▪ Workflow business rules ▪ Fee calculations o Requirements are captured in the Amanda Administration Console to be used to generate the Folder Specification Reports • Vision33 leads requirement workshops as needed for additional elements o Output documents 8.E.c Packet Pg. 141 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 5 | P a g e o Public Portal • Vision33 leads User Solution Verification Test (SVT) preparation workshop o SVT planning, resource requirements, and scheduling o Test case requirements and development plan o Vision33 will provide a Test Case template or the Customer provide may its own, as long as the Customer’s template meets the needs of testing. o Solution Verification Test Cases and Execution must address: ▪ Folders ▪ Output Reports ▪ Portal ▪ “Pairs” testing for configured elements that interact (e.g. Reports with Folders) ▪ Full end to end Systems Testing of the configured solution o SVT duration is currently planned for two (2) weeks, while adjustments can be made at this time, significant change in duration may impact schedule and cost Deliverables: • Folder Specification Reports (FSRs), generated from Amanda • Updated Prototype Folder Types • Mapping worksheets: o Reports Output (5) o Merge Document (5) o Interface (Base GIS adaptor integration & Bluebeam) o Web flag enabled Base Portal for 2 Folder Types • Finalized Traceability Matrix tied to SDD and BRD • SVT Plan, including schedule, Customer resources, and test case development timeline Customer Dependencies: • SMEs participate in Product Orientation session • Active SME participation in business fit workshop(s) and other Needs Analysis sessions • Active Customer PM and SME participation in SVT planning • Sign-off on FSRs (requirements gathered in business fit workshop(s) • Samples of output documents and reports needed, either copies of existing reports, or mock ups of planned reports. • Sign-off on Analysis/Requirements documents for Output Reports and Portal. 8.E.c Packet Pg. 142 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 6 | P a g e • Sign-off on SVT plan 2.4. Configuration Configuration and unit testing of the AMANDA system is executed during the Configuration phase. The new system is ready for System Verification Testing (SVT) at the end of this phase. This phase includes the following tasks: • Vision33 configures and updates 2 folder types for Pilot workflow o Residential Permit o Site Plan • Vision33 develops o Output documents (5 reports/5 merge documents) o Interfaces (Base GIS adapter integration & Blue Beam) o Web flag enabled Base Portal for 2 Folder Types • Vision33 performs a QA Review on each component, including: o “Unit Level Testing” for individually configured Folders and other elements against documented requirements, including boundary conditions and error handling for any data validation requirements o “Pairs Testing” for the interaction of Folders with other configured elements where appropriate (i.e. Reports, Interfaces, Portals updates and synchronization) o “Systems testing” for full end to end interaction of multiple configured elements. Testing of custom interfaces to Customer systems may be limited or not possible from the Development environment. • Vision33 installs QA Reviewed solution in the Customer’s Testing Environment • Customer develops test cases for SVT • Vision33 reviews for alignment with approved Requirements documents and provides feedback for any necessary adjustments Deliverables: • Fully configured and QA Reviewed Amanda Solution for Test, including o Folders (2) o Output Reports (5) o Merge Documents (5) o Interfaces (GIS, Blue Beam only) o Web flag enabled Base Portal for 2 Folder Types Customer Responsibilities: 8.E.c Packet Pg. 143 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 7 | P a g e • Additional input or clarification as requested related to configuration requirements. • Provision of a Solution Verification Testing environment. • Optionally begin development of Solution Verification Test Plans, Cases, and Procedures in alignment with approved documented requirements. 2.5. Limited Solution Verification Testing Vision 33 will provide a two -week window for Solution Verification Testing. This will verify the elements analyzed and developed to meet the requirements provided/approved during Needs Analysis. Test cases will have been developed by the Customer during Configuration in alignment with the Folder Requirements (FSRs) and other analysis/mapping Requirements documents approved in Needs Analysis. Verification Test Cases and Execution must address: • Folders • Output Reports • Portal • “Pairs” testing for configured elements that interact (e.g. Reports with Folders) • Full end to end Systems Testing of the configured solution This phase includes the following tasks: • Vision33 and Customer perform Verification kick-off with review of plan goals and guidelines • Vision33 and Customer PM manage Verification testing to Plan o Testing will be performed in focused cycles, with dedicated SME resources for agreed upon periods of time (2 weeks) o Identified issues will be reported by Customer. o At the end of each cycle, Vision33 and Customer PMs will triage all identified issues and assign appropriate priorities o Issues which are outside scope or not aligned with documented requirements, will be moved off the issue list and added to a Backlog list • Vision33 and Customer review Backlog o All items identified throughout verification testing and elsewhere as backlog will be reviewed o If an item is a critical enhancement, Customer will have the option to request a change order to add the item, which may impact schedule and cost. • Vision33 will correct any identified issues following triage o Where possible, corrections will be made according to the Verification Test plan to allow for review and closure of the issue 8.E.c Packet Pg. 144 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 8 | P a g e • Any identified issues after the 2-week verification test are not to be completed within Phase 1 scope. • Formal SVT will be combined in Phase 2 statement of work. • Go Live plan will not be delivered in the Phase 1. • Production Deployment Instructions will not be delivered in the Phase 1. 2.6. Closure The Phase 1 pilot will end with the pilot solution deployed in Test when the two (2) week Solution Verification Testing (SVT) completed and signed off. The pilot will not be promoted to production until Phase 2. 2.7. Project Management The Services include the provision of the management and reporting structure for the Vision33 team. Vision33 will also take primary responsibility for coordinating the overall implementation, working with the Customer’s and Prime’s Project Managers. This includes managing scope and issue resolution and facilitating status meetings in conjunction with the Customer team and stakeholders. 2.7.1. Vision33 Project Manager Vision33 Project Manager will: • Serve as primary interface between Vision33 and the Customer and manage the overall communication plan • Manage and deploy Vision33 project resources • Provide deliverables and drive closure of Vision33 team actions as necessary. • Generate regular status reports including an updated Project Management Schedule. • Attend and participate in key project meetings and workshops including Kick-Off, EPA and PPA; Data Migration, Customizations, and Product Enhancement Requirements workshops; Iteration Reviews, and SVT. • Manage scope and schedule • Manage change requests • Manage work package deliverable acceptance. • Assist with risk identification and risk mitigation strategies 2.7.2. Customer Project Manager The Customer’s project manager will: • Work closely with Vision33 Project Manager to ensure successful completion of the project. • Coordinate Customer Resources to meet Customer Dependencies and all Customer activities for the project 8.E.c Packet Pg. 145 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 9 | P a g e • Assist with risk identification and risk mitigation strategies. • Develop and maintain any internal, higher level Program Schedule that may be needed for Customer executives, in consultation with the Vision33 Project Manager if so required. • Attend weekly status meetings with Vision33 and Prime Project Manager • Drive the closure of Customer actions and deliverables pursuant to the definition of business needs • Be responsible for Deliverable Work Package Acceptance • Coordinate Customer’s review of the project document and software deliverables and obtain signoff of an approval form to signify acceptance for each deliverable. 2.7.3. Prime Project Manager Prime Project Manager will: • Manage and communicate with all Prime internal resources, including managing Prime dependencies and their timely delivery • Provide product support management • Cross-partner project coordination, ensuring all parties are appropriately aligned. • Attend weekly status meetings with Vision33 and Prime Project Manager 2.8. Additional Deliverables In addition to the Deliverables provided in the previous sections, Vision33 is responsible for providing the following: • Source code developed under this SOW (i.e., the Work Product). • Deliverables will also include all system configuration files and scripts. • Inventory of all open source components included in the Deliverables and their related licenses. • Any additional Deliverables as agreed upon during the Preparation Phase or Needs Analysis • Backlog list of items identified during Needs Analysis, Configuration, and SVT that were not incorporated into this deployment. 8.E.c Packet Pg. 146 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 10 | P a g e 3. Dependencies and Assumptions The following is a list of additional Dependencies beyond those listed in section (B), including responsibilities and other requirements necessary for the successful completion of the Services. This information is used to establish the Schedule and the Fee. Customer acknowledges that the Schedule and Fee may be modified in the event of any failure to meet obligations (in whole or in part), as further described in the Agreement. 3.1. Dependencies 3.1.1. Decision-making and Deadlines Customer’s Project Manager(s) is: Name: Hisham Hassan Contact Information: HHassan@kentwashington.gov 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-4618 | Fax 253-856-4700 The Project Manager will manage approvals of Deliverables, including use of required technologies, system content and structure, or other implementation issues. All such decisions will be made within a maximum of three (3) business days but are subject to a faster response time or an extension that is mutually agreed to in writing between Vision33 and Customer. Customer acknowledges that any delays or failures in its cooperation as described in this Section may result in delays in the Schedule, reduction of functionality or an increase in the Fees, as further described in the Master Partner Agreement. 3.1.2. Scope The Services are provided in a fixed time, fixed fee manner. Throughout the project, all parties are required to actively collaborate to make decisions in a very timely manner to meet the delivery dates and control the scope of the Deliverables. 3.1.3. Hardware Customer will procure the development and test hardware environments for use by Vision33 no later than the Project Kick-off Session. Customer will provide technical access to its internal systems no later than the Project Kick-off Session. The staging and production environments must be made available to Vision33 two weeks prior to the start of system testing on those environments in order to test and confirm proper configuration and connectivity. 3.1.4. Work Site The Services will be performed in Vision33 offices, except where it is mutually agreed that circumstances require otherwise. Should it be necessary for the Vision33 team to work other than 8.E.c Packet Pg. 147 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 11 | P a g e at the Vision33 office, Customer will provide suitable physical office space, building access, system privileges and required office infrastructure to allow the project team to remain productive. 3.1.5. Access to Customer Materials and Information Customer will make documents and other materials available as specified in the project plan and/or agreed to by the Project Managers. 3.2. Additional Dependencies (Assumptions) 3.2.1. Scope Assumptions for Phase 1 Pilot • Data Conversion will not be addressed in Phase 1. • Batch processes will not be addressed in Phase 1. • Inspector App integration and implementation will not be addressed in the pilot. • Output scope is outlined in Section 3.4.10. • Interface for GIS (ArcGIS) will be the installation of the adaptor; all layers and data to be gathered from GIS are the responsibility of the customer. • Bluebeam will be used externally to AMANDA; AMANDA will retain all marked-up documentation via versioned attachments. • Portal will be implemented with base configuration for the pilot. Web-flags will be enabled through the application for the two folder types (Residential Permit and Site Plan) developed. Only functionality enabled via web flags will be available for Phase 1. • Phase 1 will end with delivery of a two-week SVT window. 3.2.2. Dates Project start date and other identified project dates are dependent on contract approval and Vision33 resource availability. 3.2.3. Continuity Activities and costs presented in this Statement of Work are based on continuous execution with no material interruption. 3.2.4. Procedures Contracted procedures will be followed, including the change order procedure to manage any identified deviation in project scope, schedule, or budget. 3.2.5. No Customer Configuration Customer will not participate in Amanda development and/or configuration for the initial implementation. 8.E.c Packet Pg. 148 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 12 | P a g e 3.2.6. Release Management Customer is responsible for the release to any Customer test environment and subsequently into Production. Vision33 will provide any necessary technical details to assist Customer in this release management effort. 3.2.7. Test Environments Customer will provide the necessary test environments. Vision33 depends on the availability of such environments in order to test solution changes. Any lack of environment availability will be factored into the test plan and could reduce the scope of the testing and release efforts, especially if the Vision33 team needs to assist Customer in resolving environmental issues. 3.3. Customer Assumptions 3.3.1. Business Requirements Document The BRD delivered in Phase 0 will be leveraged in Phase 1 and 2. 3.3.2. No System Replacement The Customer solution within the Amanda platform will not be a replica of the KIVA system; the solution will align current Customer workflow with Amanda and automate inefficiencies (leveraging industry & Amanda best practices with business value considerations). 3.3.3. No Business Licensing or Fire Services Business Licensing and Fire Services solution within the Amanda platform are not in scope for this project. Inclusion of this workflow stream at a later phase will relate to a separate engagement. 3.3.4. No Enhancements or Customizations to Inspector App or Public Portal The peripheral applications leveraged (Inspector App and Amanda Public Portal) are pre-defined COTS products. Any enhancements and/or feature customizations requested by the Customer is not considered within scope of this implementation. 3.3.5. Dedicated SMEs Customer will provide Project SMEs who are dedicated to project. 3.3.6. Dedicated PM Customer will provide a dedicated project manager to assist in the Customer resource planning, documentation review, and change management facilitation. 3.3.7. Dedicated Business Analyst Customer will provide a dedicated business analyst to assist in maintaining outputs and requirements provided to the Vision33 implementation team. The Customer business analyst will not perform requirements gathering for the Vision33 and is solely focused on providing content for Vision33 workshops. 8.E.c Packet Pg. 149 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 13 | P a g e 3.3.8. Trainers Customer will provide trainers to attend Train-the-trainer sessions and proctor sessions with end users of the Customer. 3.3.9. Functional Scope Limits For the Phase 1, Vision33 has identified two application types through discovery and discussions with the Customer that will be configured and implemented. Vision33 assumes these, and only these, are in scope for the new system pilot. a. Separate applications and permit types can be combined in the Amanda platform due to similar information collected, intake & adjudication requirements and common issuance. Differences will be broken down by folder type, subtype, work type and additional attributes within the system. b. Any additions or reductions to this scope will result in a schedule and cost change to the project that will be handled through a change request. 3.3.10. Output Scope Limits The project will produce a maximum of ten (10) outputs from the platform for Phase 1. This will include rendered outputs that come from crystal reports, jasper reports, and word merges to produce notices, receipts, follow-up letters, operational reports, performance reports, transactions reports, Permit’s, penalties through Amanda Backoffice, portal, and within the Inspect App. a. Outputs are estimated as 5 documents/letters and 5 reports for Phase 1. Additional documents/reports are not included within this scope. b. Any additions or reductions to this scope will result in a schedule and cost change to the project that will be handled through a change request. 3.3.11. Advanced Search in place of Reports The ability to use advanced search in Amanda will reduce the number of reports required as users will be able to seek out information and export to excel as needed. If the user can query and interpret the data appropriately, compared to the KIVA report, said report will not be converted within Amanda. Visions33 will support this change through guidance and knowledge transfer. 3.3.12. Integration Scope Limits For the Phase 1, Integrations (Interfaces) will be limited to Blue Beam and the setup of the GIS adapter. All other potential interfaces will be developed and delivered in Phase 2. Phase 1I a. Vision33 leverages Amanda Web Services to integrate where possible, but also accommodates flat file exports to FTP or SFTP locations required, data link sharing, and adaptors to ensure integration integrity and success. b. Any additions or reductions to this scope will result in a schedule and cost change to the project that will be handled through a change request. 8.E.c Packet Pg. 150 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 14 | P a g e 3.3.13. External APIs External vendors and/or resources that leverage applications that require integration/interface activities will provide product and API documentation and be available for discussion if the need arises (e.g. Address Authority, Inova, Selection, Bluebeam, e-gov Alliance, etc.). 3.3.14. Data Conversion Scope Limits No Data Conversion analysis, documentation, and scripting will be provided for the Phase 1. 3.3.15. Data Quality Data quality (normalization, redundancy, and cleansing) from the legacy system is the responsibility of the Customer. 3.3.16. User Scope Limit For purposes of this scope, 100 users will leverage the solution developed within the Amanda platform. Any additions or reductions to this scope will result in a schedule and cost change to the project that will be handled through a change request. 3.4. Out of Scope Vision33 is not required to provide any Services or Deliverables that are not specifically described in this SOW. For example, the following features and capabilities are excluded from the Services: • No Data Conversion in Phase 1 pilot • No Batch processes in Phase 1 pilot • No Inspector App delivery in Phase 1 pilot • Only GIS adaptor integration and Blue Beam interface will be developed in Phase 1 pilot • Data cleansing • End User training plan • Amanda Product Troubleshooting and release Quality Assurance • Proof of Concept activities • Core Product Enhancement requirements or development; including the Inspector App and Amanda Public Portal • Additional requirements raised after signoff of Needs Analysis Requirements documents • New or derived requirements raised during SVT testing • Customized Training or Training materials • IT or Product support for non-hosted environments • Extensive Vision33 Test Plan, Test Procedures, or Test Reports. • Post Go-Live Product Support and Maintenance for non-configuration elements 8.E.c Packet Pg. 151 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 15 | P a g e 8.E.c Packet Pg. 152 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 16 | P a g e 4. Acceptance Criteria and Acceptance Period For purposes of this Section: • “Defect” means a documented and reproducible error that causes the Software to fail to operate in accordance with its specifications and consists of Severity 1 Defects, Severity 2 Defects and Severity 3 Defects. • “Severity 1 Defect” means any Defect that identifies a significant gap from requirements making the use Amanda as defined impossible and which cannot be circumvented or avoided on a temporary basis by Customer (i.e., no workaround exists). • “Severity 2 Defect” means any Defect which defines a gap between what was delivered and what was agreed to for any important function in the requirements • “Severity 3 Defect” means any Defect which is not required to be correct for go-live. This category also includes any Defect that is primarily cosmetic in nature and does not impact system functionality and any changes or additions to features or functionality Vision33 will deliver the Deliverables described in this SOW. For each document or other non-software deliverable, Customer will review and provide either sign-off of acceptance or feedback for discussion and correction within three (3) business days. Any Deliverable that does not receive notification of non- acceptance within that time period will be deemed accepted. For each software deliverable, Customer will accept each Deliverable, unless such Deliverable contains Severity 1 Defect or Severity 2 Defect and Customer so notifies Vision33 within the Acceptance Period as defined in the Solution Verification Test Plan. Vision33 will correct Severity 1 Defects and Severity 2 Defects as described above. All other Defects will be tracked for potential future releases. Notice of any Severity 1 Defect or Severity 2 Defect must be provided to Vision33, either in writing or identified in an AFIL (the defect tracking system to be used by Vision33), by the end of the Acceptance Period defined in the Solution Verification Test Plan. Once Vision33 has provided corrections, Customer will have three (3) business days to verify that the corrections are sufficient and to provide written notice of any failure to correct a Severity 1 Defect or Severity 2 Defect. If no written notification is provided, the corrections and the Deliverables will be deemed accepted. If no Solution Verification Test Plan has been mutually agreed upon by the start of Solution Verification, the schedule and fees for the project will need to be adjusted via a change request procedure. 8.E.c Packet Pg. 153 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 17 | P a g e 5. Fee and Payment Terms The Fee for the Services and Deliverables described in this SOW is $204,246.40 USD. Vision33 may travel on site for key meetings and activities related to the project (on request). Travel is estimated at $3500 per resource to be onsite from Monday to early Friday. A recommended travel budget for the project would be up to five (5) trips for a total $17,500. This is a budgetary number and not a fixed price. The City of Kent will authorize when trips can occur and can request additional trips beyond this budget. A Change Order and/or Amendment will be required to add funding for Travel, should additional travel be deemed necessary. Milestone Invoice Amount (USD) Invoice Month (2019) Milestone 1 Kickoff & Project Plan $20,000.00 May Milestone 2 Solution Design Document and Prototype $20,000.00 June Milestone 3 Folder Specification Report $20,000.00 July Milestone 4 Reporting Analysis and Specification Document $8,000.00 July Milestone 5 Interfaces Analysis and Mapping Specification $20,000.00 July Milestone 6 Portal Requirements analysis and Specification $20,000.00 July Milestone 7 Backoffice Configuration & QA $32,000.00 Aug Milestone 8 Reports and documents Configuration and QA $14,000.00 Aug Milestone 9 Interfaces Configuration QA $20,000.00 Aug Milestone 10 Portal configuration and QA $20,000.00 Sept Milestone 12 Completion of 2 Week Verification Testing $10,246.40 Sept Travel Budget (billed as actuals) $17,500.00 As Incurred Professional Services and Travel Total (USD) $221,746.40 Billing/Purchasing Contact Name: ____________________________________________ Contact Email Address: ____________________________________________ Billing Address: ____________________________________________ ____________________________________________ ____________________________________________ Total SOW Amount: ____________________________________________ Purchase Order No: ____________________________________________ 8.E.c Packet Pg. 154 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 18 | P a g e Accepted and agreed: City of Kent CSDC Inc. By By Name Name Title Title Date Date 8.E.c Packet Pg. 155 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 19 | P a g e Appendix A: Workflow Streams Workflow Grouping Workflows Residential Building permit Land Use Site Plan Review 8.E.c Packet Pg. 156 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 20 | P a g e Appendix B: Workflow Streams Task and Deliverables Details The following subsections provide details of key deliverables to be completed and provided to Customer by Vision33. As each deliverable is provided, the Customer Project Manager will be notified. Unless specifically note in the deliverable description, Customer has three (3) business days to review each deliverable and provide written notification of acceptance or non-acceptance of the deliverable. If no notification is provided, the deliverable will be deemed accepted. Any notice of non-acceptance must include detailed feedback of the reason Customer does not accept, per section 4. Acceptance Criteria and Acceptance Period App B.1. Preparation Phase App B.1.1 Project Kickoff Session Deliverable Description: A leadership driven session to introduce the vendor, objectives, goals, and exit criteria necessary for a successful implementation. Upon completion the slide package is delivered to Customer. Assumptions and Constraints: o Prior to kickoff items provided from the “Pre-Analysis Homework”, required from the Customer, will be provided to Vision33. o Kickoff may be in conjunction with the Solution Verification workshop to facilitate a single session. o Kickoff / Slides include project scope, goals and expectations, risks, PM process, high level schedule. Acceptance Criteria: Completion of Kickoff Session and delivery of slide package. App B.1.2 Project Plan Deliverable Description: Mutually agreed upon project schedule, maintained by Vision33, to commence the project. Assumptions and Constraints: o Vision33 maintains the project plan. Exports can be provided upon request but the Vision33 collaborative project schedule will be the System of Record. o Customer Project Manager has identified SMEs and IT resources that will be available throughout the implementation o Completion will signify the initial project plan. Rebalancing activities will occur on a monthly basis and will account for any expected vacation/holiday plans for resources and update for any lag that has occurred. Acceptance Criteria: Customer Project Manager Acceptance of Schedule. App B.2. Solution Verification & Prototype App B.2.1 Solution Design Document (SDD) Deliverable Description: Document that represents a high-level view of the solution. The SDD establishes that the Solution Architect has a functional understanding of the solution required to meet the needs established within the engagement. 8.E.c Packet Pg. 157 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 21 | P a g e Assumptions and Constraints: o Listing and high-level definition of Folder Types to be developed (2 for pilot) o List of merge documents and reports scoped to the two folder types to be delivered in the pilot. o High level listing of portal scope. o High level listing of the Interface scope. Acceptance Criteria: (DA form required): Customer Business SME and PM signoff on the SDD Document. App B.2.2 Amanda Folder Prototype Deliverable Description: A high-level walk through of the SDD and Prototype are performed to emphasize the functional understanding gained through output provided and Solution Verification workshops performed. In addition, a Folders List, documenting the elements of the solution that will be expanded upon during Needs Analysis will be provided. Assumptions and Constraints: o The Prototype Folder(s) may be in the Customer’s Development environment or a Vision33 Sandbox if the Development environment has not yet been prepared. o Folder list is an export from Prototype and includes all Folders that are to be developed as defined in the Customer’s BRD and Vision33 SDD documents. Acceptance Criteria: (DA form required): Signoff of Folder List. App B.3. Needs Analysis App B.3.1 Updated Amanda Folder Prototype Deliverable Description: Document that provides a detailed description of each unique folder, a mapped workflow diagram, and business rules gathered during requirements gathering workshops. Assumptions and Constraints: o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase o Identified folder types are found in the “workflow grouping” column of Appendix A and are subject to change through the Solution Verification and Needs Analysis phases. o Any changes to the folder count (2) will be discussed with the Customer prior to making the adjustment. Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the FSR Report. App B.3.2 Report(s) Output Requirement Document(s) Deliverable Description: Document(s) that lay out the design of a specific output deliverable (report, query, or dashboard) and the corresponding data required to meet Customer requirements found in the Customer BRD. Assumptions and Constraints: 8.E.c Packet Pg. 158 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 22 | P a g e o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase. o Pilot scope reports. o 5 reports (V33 will select appropriate reports for Pilot) Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the Report Output Mapping worksheet. App B.3.3 Merge Document Requirement Document(s) Deliverable Description: Document(s) that lay out the design of a specific document(s) and the corresponding data required to meet Customer requirements found in the Customer BRD. Assumptions and Constraints: o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase. o Pilot scope documents. o 5 merge docs (V33 will select appropriate reports for Pilot) Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the Report Output Mapping worksheet. App B.3.4 Interface Requirement Document(s) Deliverable Description: Document(s) describing identified interfaces, their functionality, and any automated modifications required for data elements. Assumptions and Constraints: o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase. o 2 Interfaces has been identified for the pilot: ▪ Bluebeam ▪ Base GIS adaptor integration Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the Interface Requirement Document(s). App B.3.5 Portal Functional Requirements Document (FRD) Deliverable Description: A detailed document describing the Portal screens, the identified fields to present to citizens, permissions around access, and exchange data elements. Assumptions and Constraints: o Portal will be implemented with base configuration for the pilot. Web-flags will be enabled through the application for the two folder types developed. No customization of the Portal will be completed in Phase 1. o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase. o Portal will include scope for the following: ▪ Home Page or Landing Page. ▪ Page Master: • Default master page for all subsequent pages. ▪ Public Search Page: 8.E.c Packet Pg. 159 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 23 | P a g e • Search for [Folder] by property address. • Search for [Folder] by permit/license information. • View [Folder] search results in table or on map (Google map). • View [Folder] details: o Folder Details (i.e. folder). o Property Details (if applicable). o Application Details (i.e. Folder Info’s). ▪ User Registration (2-step verification) Page. ▪ Registered User Login page. ▪ User Profile Management Page. ▪ Password Reset Page. ▪ User Dashboard: • View data & status of all permits, licenses and other applications: o Folder Details (i.e. folder). o Property Details (if applicable). o Application Details (i.e. Folder Info’s). o Attachments. o Certifications. o Process list with Status. o Application Fee. o Schedule Inspections. • Edit data of all permits, licenses and other applications. • Schedule & manage inspections requests. • Download approved permits or license. ▪ Submit New Applications: • Submit/renew an application (Folder): o Application Wizard & Anchors for (Customer-authored) Help/Guiding Text. o Property Search. o Application Detail (i.e. Folder info’s). o Upload attachments (multiple file, drag & drop). o Pay application fees. ▪ Save and withdraw applications. Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the Public Portal FRD. App B.3.6 Solution Verification Test Plan Deliverable Description: Document outlining approach complete Solution Verification Testing. The plan will include: • List of all test cases to be developed and assigned resources responsible for delivering • Schedule for test case development • Schedule for review and validation of test cases and acceptance criteria • SVT schedule including o Test cycle schedule o Issue triage schedule 8.E.c Packet Pg. 160 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 24 | P a g e o Issue correction period o Resource plan and schedule Assumptions and Constraints: o Vision33 will manage the SVT process o Customer PM will coordinate and communicate with all Customer resources required to complete SVT. o Customer will make required resources available to complete the SVT in a timely manner. o Failure to make Customer resources available will impact schedule and/or cost, requiring a change order to the project o Solution Verification is planned for 2 weeks – an increase in duration of SVT will impact overall schedule and fees, necessitating a change order Acceptance Criteria: (DA form required): Customer PM signed acceptance of the SVT Plan. App B.4. Configuration App B.4.1 Configured Folders for Test Deliverable Description: Configured Folders in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o SVT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-test Folders released to Customer Test Environment and Customer notified about release. App B.4.2 Configured Output Reports for Test Deliverable Description: Output Reports in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o SVT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-Test Output Reports released to Customer Test Environment, and Customer notified about release for SVT to commence. App B.4.3 Configured Merge Documents for Test Deliverable Description: Merge Documents in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o SVT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-Test Merge Documents released to Customer Test Environment, and Customer notified about release. 8.E.c Packet Pg. 161 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 25 | P a g e App B.4.4 Configured Interfaces for Test Deliverable Description: Interfaces in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o The Customer must coordinate the appropriate contact to establish an appropriate test plan. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o SVT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-Test Interfaces released to Customer Test Environment, and Customer notified about release. App B.4.5 Configured Portal for Test Deliverable Description: Portal module configured in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o SVT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-Test configured Portal(s) released to Customer Test Environment, and Customer notified about release. App B.4.6 Limited Solution Verification Testing Deliverable Description: Two (2) week window verifying the elements analyzed and developed to meet the requirements provided/approved during Needs Analysis. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o Train-the-Trainer activities have occurred Acceptance Criteria: N/A App B.5. Go Live and Closure Not applicable for the Phase 1. Phase 1 project scope ends with approval of solution at the end of SVT. App B.6. Deliverables The deliverable table is organized by project phase, with an estimated date range. The estimated date range is based on the preliminary project plan provided in Appendix #E Item Phase / Deliverable B.1. Preparation Phase 8.E.c Packet Pg. 162 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 26 | P a g e B.1.1. Project Kickoff Session B.1.2. Project Plan B.2. Solution Verification B.2.1. Solution Design Document B.2.2. Amanda Folder Prototype B.3. Needs Analysis B.3.1. Updated Amanda Folder Prototype (FSR) B.3.2. 5 Report(s) Output Requirement Document(s) (Specifications) B.3.3. 5 Merge Document Requirement Document(s) (Specifications) B.3.4. Interface Requirement Document(s) (Mapping) B.3.5. Portal Functional Requirements Document B.3.6. Solution Verification Test Plan B.4. Configuration B.4.1. Configured Folders for Test B.4.2. Configured Output Reports for Test B.4.3. Configured Merge Documents for Test B.4.4. Configured Interfaces for Test B.4.5. Configured Portal for Test B.5. Limited Solution Verification Test (2 weeks) B.5.1. Final Configured Folders for Deployment B.5.2. Final Configured Output Reports for Deployment B.5.3. Final Configured Merge Documents for Deployment B.5.4. Final Configured Interfaces for Deployment B.5.5. Final Configured Portal for Deployment 8.E.c Packet Pg. 163 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 27 | P a g e Appendix C: Deliverable Acceptance Milestone Acceptance Request Project Name: Date Requested: Reference: Requested Return Date: Requested By: Telephone: Deliverable Name: Date and Version: Deliverable Cost to be Invoiced: Deliverable Disposition Accepted No Conditions Accepted with Conditions Rejected Comments: Attachment: Signature: (Indicating Acceptance) 8.E.c Packet Pg. 164 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 28 | P a g e Appendix D: Pre-Analysis Homework Topic Item list Leadership • Provide Full Name, Role/Title, and Department for the following roles: o CIO o Project Sponsor o Department Directors or Officials o Project Manager o Business Analyst Users • Proved Full Name, Role/Title, and Department for all Backoffice Users • Provide Full Name, Title, Discipline, and Regions (if applicable) for all Inspectors • Provide Full Name, Title, and Support Function for all IT members involved in this engagement Business • What is the primary goal of the system? • Synopsis of the business • Process Flow diagrams Operational • Standard Operating Procedures (if available) Customer Interaction • Paper application • Any public portal available? • How does the public provide information to San Jose? Communication • Letters sent to public • Emails • Certifications Dependencies • Individual applications • Progressive applications (a,b,c) Internal reporting • Report Examples • Detail important metrics to operations Fees • Fees • Discounts • Computational logic 8.E.c Packet Pg. 165 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 29 | P a g e Current State • Pain Points • Expectation of the new systems • Peak volume • Busy periods • “Case” Metrics – Number of Folders per year • Licenses for existing systems or Third-Party systems - expiry dates, deadlines? Eligibility • Any Certifications? • Any third-party service providers Reviewers • Communication to the external reviewer • Inspections Current application • Walkthrough (recorded) • Identify Unique requirements: • Relate to AMANDA o People o Property o Attachments o Business Rules • Data Conversion (legacy system description of overall purpose) Accounting • Interface with GL • Reconciliation 8.E.c Packet Pg. 166 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 30 | P a g e Appendix E: Preliminary Project Plan Task Name Duration Start Finish AMANDA Implementation for City of Kent 77 days May 20 '19 Sep 10 '19 Project Management 77 days May 20 '19 Sep 10 '19 Phase 1 - Prototype Phase 15 days May 20 '19 Jun 7 '19 Prepare & Software Delivery 1 day May 20 '19 May 20 '19 Pre-Analysis 15 days May 20 '19 Jun 7 '19 Kickoff and review of Project Schedule 1 day May 20 '19 May 20 '19 On Premise Setup 5 days May 20 '19 May 24 '19 Server setup 5 days May 20 '19 May 24 '19 Development Configuration 3 days May 20 '19 May 22 '19 SVT Configuration 2 days May 23 '19 May 24 '19 Solution Design and Prototype-2 Iterations 15 days May 20 '19 Jun 7 '19 Residential Permit 5 days May 27 '19 May 31 '19 Site Plan 5 days Jun 3 '19 Jun 7 '19 Solution Design Document 2 days May 20 '19 May 21 '19 Solution Design document prep and submission 2 days May 20 '19 May 21 '19 Solution Design document review by Client 1 day May 20 '19 May 20 '19 Solution Design document updates 1 day May 20 '19 May 20 '19 Milestone 1 - Solution Design Complete 0 days Jun 7 '19 Jun 7 '19 Solution Document Approved 0 days Jun 7 '19 Jun 7 '19 Acceptance 0 days Jun 7 '19 Jun 7 '19 Payment 0 days Jun 7 '19 Jun 7 '19 Analysis 33 days Jun 10 '19 Jul 31 '19 Back office 16 days Jun 10 '19 Jul 8 '19 People Structure and Validation 2 days Jun 10 '19 Jun 11 '19 Property Structure and Validation 2 days Jun 12 '19 Jun 13 '19 Folder Types 3 days Jun 14 '19 Jun 18 '19 8.E.c Packet Pg. 167 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 31 | P a g e Reports and Documents 3 days Jun 19 '19 Jun 21 '19 Interfaces (GIS, Bluebeam) 6 days Jun 24 '19 Jul 8 '19 Portal 5 days Jul 9 '19 Jul 15 '19 Functional Requirements Documents 12 days Jul 16 '19 Jul 31 '19 Folder Specification Report (System Requirements)-Folder Type 3 days Jul 16 '19 Jul 18 '19 FSR preparation and submission 1.5 days Jul 16 '19 Jul 17 '19 FSR Review by Client 1 day Jul 17 '19 Jul 18 '19 FSR updates and sign off 0.5 days Jul 18 '19 Jul 18 '19 Milestone 2 Folder Analysis 0 days Jul 18 '19 Jul 18 '19 Functional Requirements Document-Reports and Documents 3 days Jul 19 '19 Jul 23 '19 FRD preparation and submission 1.5 days Jul 19 '19 Jul 22 '19 FRD Review by Client 1 day Jul 22 '19 Jul 23 '19 FRD updates and sign off 0.5 days Jul 23 '19 Jul 23 '19 Milestone 3 Reports and Documents approved 0 days Jul 23 '19 Jul 23 '19 Functional Requirements Document-Interfaces 3 days Jul 24 '19 Jul 26 '19 FRD preparation and submission 1.5 days Jul 24 '19 Jul 25 '19 FRD Review by Client 1 day Jul 25 '19 Jul 26 '19 FRD updates and sign off 0.5 days Jul 26 '19 Jul 26 '19 Milestone 4 Interfaces specifications Approved 0 days Jul 26 '19 Jul 26 '19 Functional Requirements Document -Portal 3 days Jul 29 '19 Jul 31 '19 FRD preparation and submission 1.5 days Jul 29 '19 Jul 30 '19 FRD Review by Client 1 day Jul 30 '19 Jul 31 '19 FRD updates and sign off 0.5 days Jul 31 '19 Jul 31 '19 Milestone 5 Portal specifications Approved 0 days Jul 31 '19 Jul 31 '19 Milestone 6 - Needs Analysis Phase Complete 0 days Jul 31 '19 Jul 31 '19 Folder Specification Reports (FSR's) 0 days Jul 31 '19 Jul 31 '19 Report Mapping Worksheets 0 days Jul 31 '19 Jul 31 '19 Interface Mapping Worksheets 0 days Jul 31 '19 Jul 31 '19 Portal Mapping Worksheets 0 days Jul 31 '19 Jul 31 '19 8.E.c Packet Pg. 168 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 32 | P a g e Folder Specification Reports (FSR's) 0 days Jul 31 '19 Jul 31 '19 Acceptance 0 days Jul 31 '19 Jul 31 '19 Payment 0 days Jul 31 '19 Jul 31 '19 Configuration 23 days Aug 1 '19 Sep 2 '19 Back Office 23 days Aug 1 '19 Sep 2 '19 Folder Types 16 days Aug 1 '19 Aug 22 '19 Milestone 7 Folder types Configured 0 days Aug 22 '19 Aug 22 '19 Reports and Documents 6 days Aug 1 '19 Aug 8 '19 Milestone 8 Reports and docs configured 0 days Aug 8 '19 Aug 8 '19 Interfaces (GIS/Bluebeam) 7 days Aug 23 '19 Sep 2 '19 Milestone 9 GIS/Bluebeam configured 0 days Sep 2 '19 Sep 2 '19 Portal 18 days Aug 1 '19 Aug 26 '19 Milestone 10 Portal Solution Configured 0 days Aug 26 '19 Aug 26 '19 Internal QA review 12.8 days Sep 2 '19 Sep 19 '19 Back office 4 days Sep 3 '19 Sep 6 '19 Folder Types 4 days Sep 3 '19 Sep 6 '19 Reports and Documents 2 days Sep 3 '19 Sep 4 '19 Interfaces 3 days Sep 3 '19 Sep 5 '19 Portal 5 days Sep 3 '19 Sep 9 '19 Milestone 10 - Configuration Phase Complete 0 days Sep 2 '19 Sep 2 '19 Configured Folders for Test 0 days Sep 2 '19 Sep 2 '19 Configured Output Reports for Test 0 days Sep 2 '19 Sep 2 '19 Configured Interfaces for Test 0 days Sep 2 '19 Sep 2 '19 Configured Portal for Test 0 days Sep 2 '19 Sep 2 '19 Acceptance 0 days Sep 2 '19 Sep 2 '19 Payment 0 days Sep 2 '19 Sep 2 '19 Promote Build to SVT 1 day Sep 3 '19 Sep 3 '19 Train the Trainer for SVT 0.8 days Sep 4 '19 Sep 4 '19 8.E.c Packet Pg. 169 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation Phase 1 Pilot- Statement of Work 33 | P a g e Folder Types 0.2 days Sep 4 '19 Sep 4 '19 Reports and Documents 0.2 days Sep 4 '19 Sep 4 '19 Interfaces 0.2 days Sep 4 '19 Sep 4 '19 Portal 0.2 days Sep 4 '19 Sep 4 '19 SVT (Solution Verification Testing) 10 days Sep 4 '19 Sep 18 '19 SVT Round 1 (folders and workflow) 5 days Sep 4 '19 Sep 11 '19 Report & Documents 2 days Sep 4 '19 Sep 6 '19 Folder Types & Workflow 3 days Sep 6 '19 Sep 11 '19 SVT Round 2 (Interfaces and Portal) 5 days Sep 11 '19 Sep 18 '19 GIS/Bluebeam 3 days Sep 11 '19 Sep 16 '19 Portal 2 days Sep 16 '19 Sep 18 '19 Milestone 12- Test Phase Complete 1 day? Sep 18 '19 Sep 19 '19 Configuration Based Train the Trainer Knowledge Transfer 0 days Sep 18 '19 Sep 18 '19 Final Configured Folders for Deployment 0 days Sep 18 '19 Sep 18 '19 Final Configured Output Reports for Deployment 0 days Sep 18 '19 Sep 18 '19 Final Configured Interfaces for Deployment 0 days Sep 18 '19 Sep 18 '19 Final Configured Portal for Deployment 0 days Sep 18 '19 Sep 18 '19 Acceptance 0 days Sep 18 '19 Sep 18 '19 Payment 0 days Sep 18 '19 Sep 18 '19 8.E.c Packet Pg. 170 At t a c h m e n t : E x h i b i t C - C S D C A m a n d a S O W 1 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - City of Kent – Permitting System Phase 2 – Full Implementation Prepared on February 21, 2019 by CSDC Inc. for: City of Kent CSDC Inc. 804 Las Cimas Parkway, Suite 100, Austin, TX 78746 Prepared By: Tom Shaw Director, Business Development 561-628-9743 t.shaw@csdcsystems.com 8.E.d Packet Pg. 171 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation - Statement of Work ii Contents 1. Overview ................................................................................................................................................. 1 2. Services and Deliverables ....................................................................................................................... 2 2.1. Preparation Phase ......................................................................................................................... 2 2.2. Solution Verification & Prototype ................................................................................................. 3 2.3. Needs Analysis .............................................................................................................................. 4 2.4. Configuration ................................................................................................................................ 6 2.5. Training and Knowledge Transfer ................................................................................................. 7 2.6. User Acceptance Test .................................................................................................................... 8 2.7. Go-Live & Closure ........................................................................................................................ 10 2.8. Project Management .................................................................................................................. 10 2.9. Additional Deliverables ............................................................................................................... 12 3. Dependencies and Assumptions .......................................................................................................... 13 3.1. Dependencies .............................................................................................................................. 13 3.2. Additional Dependencies (Assumptions) .................................................................................... 14 3.3. Customer Assumptions ............................................................................................................... 15 3.4. Out of Scope ................................................................................................................................ 17 4. Acceptance Criteria and Acceptance Period ........................................................................................ 18 5. Fee and Payment Terms ....................................................................................................................... 19 City of Kent .............................................................................................................................................. 21 CSDC Inc. ................................................................................................................................................. 21 Appendix A: Workflow Streams .............................................................................................................. 22 Appendix B: Workflow Streams Task and Deliverables Details ............................................................... 26 App B.1. Preparation Phase ............................................................................................................... 26 App B.2. Solution Verification & Prototype ....................................................................................... 26 App B.3. Needs Analysis .................................................................................................................... 27 App B.4. Configuration ...................................................................................................................... 31 App B.5. Training and Knowledge Transfer ....................................................................................... 33 App B.6. User Acceptance Test .......................................................................................................... 35 App B.7. Go Live and Closure ............................................................................................................. 37 8.E.d Packet Pg. 172 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation - Statement of Work iii App B.8. Deliverable Table ................................................................................................................ 38 Appendix C: Deliverable Acceptance....................................................................................................... 40 Appendix D: Pre-Analysis Homework ...................................................................................................... 41 Appendix E: Preliminary Project Plan ...................................................................................................... 43 8.E.d Packet Pg. 173 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 1 | P a g e This Statement of Work (“SOW”) is entered into by and between CSDC (“Prime”) and the City of Kent (“Customer”) with Vision33, Inc. (“Vision33”) as services subcontractor. Project Name Kent Amanda Implementation Service Start Date Anticipated Service End Date October 01, 2019 September 07, 2020 This SOW is organized as follows: 1. Overview This section provides a brief overview of the project including guiding goals. 2. Services and Deliverables This section describes the Services that Vision33 will perform and the Deliverables that will be provided to Customer during this engagement. 3. Dependencies and Assumptions This section lists the Customer and/or third-party tasks and responsibilities and project assumptions upon which the Schedule and Fee are based. 4. Acceptance Criteria and Acceptance Period This section describes the Acceptance Criteria (i.e., the criteria for software acceptance) and the applicable Acceptance Period. 5. Fee and Payment Terms This section identifies the Fees and Payment Schedule for this SOW. The following appendices provide supporting material, as referred to in the above sections: Appendix A Workflow Streams Appendix B Task and Deliverables Details Appendix C Deliverable Acceptance Form Appendix D Pre-Analysis Home Appendix E Preliminary Project Plan 1. Overview CSDC (“Prime”) is working with its partner, Vision33, as a sub-contractor and service provider in order to implement the CSDC owned software, Amanda, for The City of Kent, Washington (“Customer”). The goals of this project are; 8.E.d Packet Pg. 174 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 2 | P a g e • To provide workflow optimization for their Permitting, Licensing, and Code Enforcement activities • Leverage industry best practices and best of breed technology through the Amanda platform to address the work streams listed in Appendix A • Integrate Phase 1 pilot workstreams with Phase 2 configuration, testing, data conversion, interfaces, and promote to Production with Phase 2 To meet these goals, Vision33 will coordinate with Prime but work directly with the Customer on all activities related to services provided. Vision33 will staff and manage all resources required to provide the services and deliverables as described in this SOW. 2. Services and Deliverables Vision33 will perform the Services described below, including providing the specified Deliverables. The Deliverables will be provided in electronic and/or hard copy form, as appropriate. The following sub-sections describe the tasks and deliverables that Vision33 will complete by the end of the project described in this SOW. Further details for deliverables are included in Appendix B. Deliverables will be considered “complete” when all the acceptance criteria set forth in Appendix B as modified by mutual agreement (in writing) has been met or the prescribed review period for each deliverable/task has expired without written response from the Customer. Key deliverables will require a Deliverable Acceptance (DA) form signed by the Customer. These are denoted with a “(DA Form required)” annotation in the detailed deliverables list in Appendix B. A sample form is shown in Appendix C: Sample Deliverable Acceptance Document. Any item listed as Customer Dependency is required from the Customer to successfully complete a service or deliverable. Delays by Customer in providing any dependency may result in a delay to the project and an associated increase in fees. Any such delays as well as changes in scope or requirements, will be handled through a change order process to adjust the schedule and fees. All dependency timelines and expected delivery dates will be agreed upon in the initial four (4) weeks of the project during the Preparation Phase. The workstreams delivered in the Phase I Pilot project will be leveraged to implement additional workstreams. Modifications to the pilot workstreams in Phase 2 will be limited to Interfaces and Data Conversion. 2.1. Preparation Phase The Preparation Phase will leverage the Discovery and Phase 1 planning and set the foundation for all subsequent steps in Phase 2. This phase includes the following tasks: • Initial kick–off meetings present the project schedule and objectives to all interested parties • Vision33 performs pre-analysis o Collection documentation of current business processes for all workstreams listed in Appendix A 8.E.d Packet Pg. 175 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 3 | P a g e o Review Customer’s existing system (if any) processes for all workstreams listed in Appendix A • Customer and Vision33 perform SOW review and confirmation of Scoping Document • Customer and Vision33 review Business Requirements Document (BRD) from the Discovery Phase. • Vision33 and Customer confirms project plan from Discovery and expands detailed project planning where necessary • Customer and Vision33 perform resource planning • Customer prepares and installs hardware and software infrastructure Deliverables: • Mutually confirmed scope: continuation of Project Charter • Baseline project plan: leveraging Discovery deliverable Customer Dependencies: • Business Requirements Document (Discovery deliverable) • Sign-off on Project Charter • Hardware and supporting environment from Phase 1 prepared for Phase 2 needs 2.2. Solution Verification & Prototype The Solution Verification & Prototype phase establishes the initial “to-be” AMANDA Folders (records: permits/license/case/etc.) that will be fully elaborated in subsequent phases, and confirms a list of output documents, interfaces/integrations, conversion sources, mobile needs and portal services are. This phase includes the following tasks: • Vision33 conducts Solution Verification workshop with Customer Subject Matter Experts (SMEs) o Review of remaining Amanda Folder Types o List of required Folder Types o Folder Type relationships • Vision33 conducts Key Stakeholder review o Prototype Folder Type development and review o Functional requirement alignment o Provides input to Solution Design Document (SDD) Deliverables: • Solution Design Document o General, high-level Solution Architecture o High-level module walk-through guides 8.E.d Packet Pg. 176 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 4 | P a g e o Listing of high-level folder types o Outputs o Interfaces o Data Conversion Sources o Portal scope o Mobile scope • Amanda Folder Prototype • Continuation of Traceability Matrix tied to BRD Customer Dependencies: • List and sample of reports to be generated from the system • List of interfaces to be built and available documentation • List of source systems for data conversion • SME participation in Solution Verification workshop and validation of Folder Type list • Key Stakeholder review and sign-off of prototype Folder Types 2.3. Needs Analysis During Needs Analysis business requirements are analyzed including detailed analysis of Folders, Reports, Batches, Interfaces/Integrations, Portal, Mobile and Data Conversion requirements. This phase includes the following tasks: • Vision33 conducts Product Orientation Training • Vision33 leads business fit workshops o Capture detailed business and configuration requirements, including but not limited to ▪ Data validation rules ▪ Workflow business rules ▪ Fee calculations o Requirements are captured in the Amanda Administration Console to be used to generate the Folder Specification Reports • Vision33 leads requirement workshops for additional elements o Output documents o Batch routines o Public Portal o Inspector Application 8.E.d Packet Pg. 177 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 5 | P a g e • Vision33 leads User Acceptance Test (UAT) preparation workshop o UAT planning, resource requirements, and scheduling o Test case requirements and development plan o Vision33 will provide a Test Case template or the Customer provide may its own, as long as the Customer’s template meets the needs of testing. o User Acceptance Test Cases and Execution must address: ▪ Folders ▪ Batch jobs ▪ Output Reports ▪ Portal ▪ “Pairs” testing for configured elements that interact (e.g. Reports with Folders) ▪ Full end to end Systems Testing of the configured solution o UAT duration is currently planned for four (4) weeks, while adjustments can be made at this time, significant change in duration may impact schedule and cost Deliverables: • Folder Specification Reports (FSRs), generated from Amanda • Updated Prototype Folder Types • Mapping worksheets: o Reports Output (25) o Merge Document (15) o Batch o Interface (inclusive of the Phase I Pilot workstreams) o Data Conversion (inclusive of the Phase I Pilot workstreams) o Inspector App (inclusive of the Phase I Pilot workstreams) o Portal • UAT Plan, including schedule, Customer resources, and test case development timeline Customer Dependencies: • SMEs participate in Product Orientation session • Active SME participation in business fit workshop(s) and other Needs Analysis sessions • Active Customer PM and SME participation in UAT planning • Sign-off on FSRs (requirements gathered in business fit workshop(s)) • Samples of output documents and reports needed, either copies of existing reports, or mock ups of planned reports. 8.E.d Packet Pg. 178 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 6 | P a g e • Sign-off on Analysis/Requirements documents for Output Reports, Batch Routine, and Portal. • Sign-off on UAT plan 2.4. Configuration Configuration and unit testing of the AMANDA system is executed during the Configuration phase. The new system is ready for User Acceptance Testing (UAT) at the end of this phase. This phase includes the following tasks: • Vision33 configures and updates folder types • Vision33 develops o Output documents (15 documents and 25 reports) o Batch routines o Custom interfaces o Portal views, connected to Folders • Vision33 performs a QA Review on each component, including: o “Unit Level Testing” for individually configured Folders and other elements against documented requirements, including boundary conditions and error handling for any data validation requirements o “Pairs Testing” for the interaction of Folders with other configured elements where appropriate (i.e. Batch Routines, Reports, Interfaces, Portals, Mobile updates and synchronization) o “Systems testing” for full end to end interaction of multiple configured elements. Testing of custom interfaces to Customer systems may be limited or not possible from the Development environment. • Vision33 installs QA Reviewed solution in the Customer’s Testing Environment • Customer develops test cases for UAT • Vision33 reviews for alignment with approved Requirements documents and provides feedback for any necessary adjustments Deliverables: • Fully configured and QA Reviewed Amanda Solution for Test, including o Folders o Output Reports (25) o Merge Documents (15) o Batch Jobs o Interfaces o Data Conversion 8.E.d Packet Pg. 179 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 7 | P a g e o Inspector App o Portal Customer Responsibilities: • Additional input or clarification as requested related to configuration requirements. • Provision of a User Acceptance Testing environment. • Optionally begin development of User Acceptance Test Plans, Cases, and Procedures in alignment with approved documented requirements. 2.5. Training and Knowledge Transfer The objective of the training is to provide Customer staff with product knowledge, and knowledge of the configured solution to prepare them for development and execution of a User Acceptance Test, as well as other longer-term Customer activities including rollout of End User training to the planned business users of the system, and long-term end user support of the system. This phase includes the following tasks: • Prime Knowledge Management Center (KMC) delivers Amanda User training o General Overview training, not customized to Customer’s configuration o Scheduled during Configuration before UAT • Prime (KMC) delivers Amanda Administration training • Vision33 provides knowledge transfer to key Customer Staff o Specific to Customer’s Amanda configuration o Informal review prior to User Acceptance Testing o Content includes ▪ Use of Back Office Folders, Batch Submissions, Output documents (Admin covered by KMC) ▪ Use of configured Portal • Customer completes test cases for UAT o Vision33 performs final test case review and feedback o Final adjustments are made Deliverables: • KMC User Training • KMC Administration Training • Vision33 knowledge transfer review Prime Dependencies: • KMC Training materials and resources 8.E.d Packet Pg. 180 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 8 | P a g e Customer Dependencies: • SME Participation in all training and knowledge transfer • Test cases for UAT 2.6. User Acceptance Test Test cases have been developed by the Customer during Configuration and Training, in alignment with the Folder Requirements (FSRs) and other analysis/mapping Requirements documents approved in Needs Analysis. If Customer Test Case development is not completed by the beginning of UAT, the project may be delayed, and additional costs incurred. User Acceptance Test Cases and Execution must address: • Folders • Batch jobs • Output Reports • Portal • “Pairs” testing for configured elements that interact (e.g. Reports with Folders) • Full end to end Systems Testing of the configured solution This phase includes the following tasks: • Vision33 provides Amanda Folder Issue Log training • Vision33 and Customer perform UAT kick-off with review of plan and UAT goals and guidelines • Vision33 and Customer PM manage UAT to Plan o Testing will be performed in focused cycles, with dedicated SME resources for agreed upon periods of time o Identified issues will be reported by Customer via Amanda Folder Issues Log (AFIL) requests o At the end of each cycle, Vision33 and Customer PMs will triage all identified issues and assign appropriate priorities o Issues which are outside scope or not aligned with documented requirements, will be moved off the issue list and added to a Backlog list o Failure to complete UAT cycles according to plan will impact schedule and cost, triggering a change order process • Vision33 and Customer review Backlog o All items identified throughout UAT and elsewhere as backlog will be reviewed o If an item is critical to launch, Customer will have the option to request a change order to add the item, which may impact schedule and cost • Vision33 will correct any identified issues following triage 8.E.d Packet Pg. 181 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 9 | P a g e o Where possible, corrections will be made according to the UAT plan to allow for review and closure of the issue • Customer will approve the various high-level elements of the system with signed Deliverable Acceptance (DA) documents, releasing them to be deployed to Production. • Vision33 and Customer develop Rollout and Go-live Plan • Vision33 develops Production Deployment Instructions Additional modifications to configuration elements after deployment to Production that are not considered defects, will be Out of Scope for the project and will require a Change Order to address. This includes any new requirements that may arise from a staged testing and production rollout strategy. Following Customer approval of the system, the configuration elements are frozen. The Customer will provide any internal business user training sessions either in the Test environment prior to deployment, or in the Production environment after deployment, prior to Go-Live. Deliverables: • Tested and Accepted Amanda Solution, including o Folders o Output Reports o Merge Documents o Batch Jobs o Interfaces o Data Conversion o Inspector App o Portal • Rollout and Go-live Plan • Production Deployment Instructions Customer Responsibilities: • Attend Prime Knowledge Management Centre (KMC) formal training sessions • Attend “As Configured” Train the Trainer sessions • Execute Test Cases • Execute Final System Test • Log Test Issues in Amanda Folder Issue Log (AFIL) • Participate in Issue triage and prioritization • Approve configured elements and full solution for deployment to Production 8.E.d Packet Pg. 182 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 10 | P a g e • Develop End User Guides • Train all end users 2.7. Go-Live & Closure Go-Live and Closure is the last phase of the project where the system is rolled out to production after approval and signoff of User Acceptance Testing, and training of intended end users has been completed. A single rollout of all configured elements is recommended to de-risk the possibility of requiring updates to previously deployed elements in a staged rollout strategy. This phase includes the following tasks per the Rollout and Go-live Plan: • The Customer, with support of Vision33 verifies the production infrastructure against specifications • Vision33 and Customer promote approved elements to the production environment • Vision33 and Customer complete final data conversion • Vision33 leads a mock Go-live session o Walkthrough of deployment procedure o Utilizes Production Deployment Instructions o Adjustments will be made to plan if necessary • Customer performs Production Deployment (with Vision33 support) • Customer performs final conversion/migration of legacy data (with Vision33 support) • Customer installs Mobile software on remote devices • Vision33 provides one (1) week of post-go-live support Deliverables: • Deployed Amanda Solution Customer Responsibilities: • Set up the production environment. • Assist Vision33 staff to perform all steps during Mock Go Live. • Deploy configured elements to the Production environment • Convert final Production migration data from source to intermediate tables • Installation of Mobile software on all Inspectors remote devices 2.8. Project Management The Services include the provision of the management and reporting structure for the Vision33 team. Vision33 will also take primary responsibility for coordinating the overall implementation, working with the Customer’s and Prime’s Project Managers. This includes managing scope and issue resolution and facilitating status meetings in conjunction with the Customer team and stakeholders. 8.E.d Packet Pg. 183 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 11 | P a g e 2.8.1. Vision33 Project Manager Vision33 Project Manager will: • Serve as primary interface between Vision33 and the Customer and manage the overall communication plan • Manage and deploy Vision33 project resources • Provide deliverables and drive closure of Vision33 team actions as necessary. • Generate regular status reports including an updated Project Management Schedule. • Attend and participate in key project meetings and workshops including Kick-Off, EPA and PPA; Data Migration, Customizations, and Product Enhancement Requirements workshops; Iteration Reviews, and UAT. • Manage scope and schedule • Manage change requests • Manage work package deliverable acceptance. • Assist with risk identification and risk mitigation strategies 2.8.2. Customer Project Manager The Customer’s project manager will: • Work closely with Vision33 Project Manager to ensure successful completion of the project. • Coordinate Customer Resources to meet Customer Dependencies and all Customer activities for the project • Assist with risk identification and risk mitigation strategies. • Develop and maintain any internal, higher level Program Schedule that may be needed for Customer executives, in consultation with the Vision33 Project Manager if so required. • Attend weekly status meetings with Vision33 and Prime Project Manager • Drive the closure of Customer actions and deliverables pursuant to the definition of business needs • Be responsible for Deliverable Work Package Acceptance • Coordinate Customer’s review of the project document and software deliverables and obtain signoff of an approval form to signify acceptance for each deliverable. 2.8.3. Prime Project Manager Prime Project Manager will: • Manage and communicate with all Prime internal resources, including managing Prime dependencies and their timely delivery • Provide product support management 8.E.d Packet Pg. 184 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 12 | P a g e • Cross-partner project coordination, ensuring all parties are appropriately aligned. • Attend weekly status meetings with Vision33 and Prime Project Manager 2.9. Additional Deliverables In addition to the Deliverables provided in the previous sections, Vision33 is responsible for providing the following: • Source code developed under this SOW (i.e., the Work Product). • Deliverables will also include all system configuration files and scripts. • Inventory of all open source components included in the Deliverables and their related licenses. • Any additional Deliverables as agreed upon during the Preparation Phase or Needs Analysis • Backlog list of items identified during Needs Analysis, Configuration, and UAT that were not incorporated into this deployment. 8.E.d Packet Pg. 185 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 13 | P a g e 3. Dependencies and Assumptions The following is a list of additional Dependencies beyond those listed in section (B), including responsibilities and other requirements necessary for the successful completion of the Services. This information is used to establish the Schedule and the Fee. Customer acknowledges that the Schedule and Fee may be modified in the event of any failure to meet obligations (in whole or in part), as further described in the Agreement. 3.1. Dependencies 3.1.1. Decision-making and Deadlines Customer’s Project Manager(s) is: Name: Hisham Hassan Contact Information: HHassan@kentwashington.gov 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-4618 | Fax 253-856-4700 The Project Manager will manage approvals of Deliverables, including use of required technologies, system content and structure, or other implementation issues. All such decisions will be made within a maximum of three (3) business days but are subject to a faster response time or an extension that is mutually agreed to in writing between Vision33 and Customer. Customer acknowledges that any delays or failures in its cooperation as described in this Section may result in delays in the Schedule, reduction of functionality or an increase in the Fees, as further described in the Master Partner Agreement. 3.1.2. Scope The Services are provided in a fixed time, fixed fee manner. Throughout the project, all parties are required to actively collaborate to make decisions in a very timely manner to meet the delivery dates and control the scope of the Deliverables. 3.1.3. Hardware Customer will procure the development and test hardware environments for use by Vision33 no later than the Project Kick-off Session. Customer will provide technical access to its internal systems no later than the Project Kick-off Session. The staging and production environments must be made available to Vision33 two weeks prior to the start of system testing on those environments in order to test and confirm proper configuration and connectivity. 3.1.4. Work Site The Services will be performed in Vision33 offices, except where it is mutually agreed that circumstances require otherwise. Should it be necessary for the Vision33 team to work other than at the Vision33 office, Customer will provide suitable physical office space, building access, system privileges and required office infrastructure to allow the project team to remain productive. 8.E.d Packet Pg. 186 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 14 | P a g e 3.1.5. Access to Customer Materials and Information Customer will make documents and other materials available as specified in the project plan and/or agreed to by the Project Managers. 3.1.6. Mobile and Other Specialty Hardware Customer is responsible for providing at least one of each type of specialty hardware device for the Vision33 team to use in testing. These devices will be provided no later than XX/XX/YYYY. 3.2. Additional Dependencies (Assumptions) 3.2.1. Dates Project start date and other identified project dates are dependent on contract approval and Vision33 resource availability. 3.2.2. Continuity Activities and costs presented in this Statement of Work are based on continuous execution with no material interruption. 3.2.3. Procedures Contracted procedures will be followed, including the change order procedure to manage any identified deviation in project scope, schedule, or budget. 3.2.4. No Customer Configuration Customer will not participate in Amanda development and/or configuration for the initial implementation. 3.2.5. Release Management Customer is responsible for the release to any Customer test environment and subsequently into Production. Vision33 will provide any necessary technical details to assist Customer in this release management effort. 3.2.6. Test Environments Customer will provide the necessary test environments. Vision33 depends on the availability of such environments in order to test solution changes. Any lack of environment availability will be factored into the test plan and could reduce the scope of the testing and release efforts, especially if the Vision33 team needs to assist Customer in resolving environmental issues. 8.E.d Packet Pg. 187 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 15 | P a g e 3.3. Customer Assumptions 3.3.1. Business Requirements Document The Customer will provide a business requirements document (BRD) or identify what is considered their BRD during the Prepare phase. If none is provided, schedule and cost will change due to additional analysis requirements. 3.3.2. No System Replacement The Customer solution within the Amanda platform will not be a replica of the KIVA system; the solution will align current Customer workflow with Amanda and automate inefficiencies (leveraging industry & Amanda best practices with business value considerations). 3.3.3. No Business Licensing or Fire Services Business Licensing and Fire Services solution within the Amanda platform are not in scope for this project. Inclusion of this workflow stream at a later phase will relate to a separate engagement. 3.3.4. No Enhancements or Customizations to Inspector App or Public Portal The peripheral applications leveraged (Inspector App and Amanda Public Portal) are pre-defined COTS products. Any enhancements and/or feature customizations requested by the Customer is not considered within scope of this implementation. 3.3.5. Dedicated SMEs Customer will provide Project SMEs who are dedicated to project. 3.3.6. Dedicated PM Customer will provide a dedicated project manager to assist in the Customer resource planning, documentation review, and change management facilitation. 3.3.7. Dedicated Business Analyst Customer will provide a dedicated business analyst to assist in maintaining outputs and requirements provided to the Vision33 implementation team. The Customer business analyst will not perform requirements gathering for the Vision33 and is solely focused on providing content for Vision33 workshops. 3.3.8. Trainers Customer will provide trainers to attend Train-the-trainer sessions and proctor sessions with end users of the Customer. 3.3.9. Functional Scope Limits Vision33 has identified eighty-five (85) application types through discovery and discussions with the Customer. Vision33 assumes these, and only these, are in scope for the new system. These 8.E.d Packet Pg. 188 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 16 | P a g e application types translate to approximately twenty (20) folder types with 123 subtype/work-types (which represent the unique workflows managed during discovery sessions). a. Separate applications and permit types can be combined in the Amanda platform due to similar information collected, intake & adjudication requirements and common issuance. Differences will be broken down by folder type, subtype, work type and additional attributes within the system. b. Any additions or reductions to this scope will result in a schedule and cost change to the project that will be handled through a change request. 3.3.10. Output Scope Limits The project will produce forty (40) outputs from the platform. This will be added to the ten (10) outputs produced in Phase 1. This will include rendered outputs that come from crystal reports, jasper reports, and word merges to produce notices, receipts, follow-up letters, operational reports, performance reports, transactions reports, Permit’s, penalties through Amanda Backoffice, portal, and within the Inspect App. a. Outputs are estimated as 20 documents/letters and 30 reports. Additional documents/reports are not included within this scope. b. Any additions or reductions to this scope will result in a schedule and cost change to the project that will be handled through a change request. 3.3.11. Advanced Search in place of Reports The ability to use advanced search in Amanda will reduce the number of reports required as users will be able to seek out information and export to excel as needed. If the user can query and interpret the data appropriately, compared to the KIVA report, said report will not be converted within Amanda. Visions33 will support this change through guidance and knowledge transfer. 3.3.12. Integration Scope Limits Through discovery sessions, nine (9) interface/integrations, including the two delivered as part of Phase 1, have been identified and are included within the scope of work quoted. Interfaces/integrations completed in Phase 1 will be incorporated into the final Phase 2 deliverable. a. Vision33 leverages Amanda Web Services to integrate where possible, but also accommodates flat file exports to FTP or SFTP locations required, data link sharing, and adaptors to ensure integration integrity and success. b. Any additions or reductions to this scope will result in a schedule and cost change to the project that will be handled through a change request. 3.3.13. External APIs External vendors and/or resources that leverage applications that require integration/interface activities will provide product and API documentation and be available for discussion if the need arises (e.g. Address Authority, Inova, Selection, Bluebeam, e-gov Alliance, etc.). 8.E.d Packet Pg. 189 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 17 | P a g e 3.3.14. Data Conversion Scope Limits Data conversion has been estimated to be one (1) source system to one (1) destination system, covering four (4) business disciplines: Building Services, Planning Services, Development Engineering, and Civil Construction. Any additions or reductions to this scope will result in a schedule and cost change to the project that will be handled through a change request. 3.3.15. Data Quality Data quality (normalization, redundancy, and cleansing) from the legacy system is the responsibility of the Customer. 3.3.16. User Scope Limit For purposes of this scope, 110 users will leverage the solution developed within the Amanda platform. Any additions or reductions to this scope will result in a schedule and cost change to the project that will be handled through a change request. 3.4. Out of Scope Vision33 is not required to provide any Services or Deliverables that are not specifically described in this SOW. For example, the following features and capabilities are excluded from the Services: • Data cleansing • End User training plan • Amanda Product Troubleshooting and release Quality Assurance • Proof of Concept activities • Core Product Enhancement requirements or development; including the Inspector App and Amanda Public Portal • Additional requirements raised after signoff of Needs Analysis Requirements documents • New or derived requirements raised during UAT testing • Customized Training or Training materials • IT or Product support for non-hosted environments • Extensive Vision33 Test Plan, Test Procedures, or Test Reports. • Post Go-Live Product Support and Maintenance for non-configuration elements 8.E.d Packet Pg. 190 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 18 | P a g e 4. Acceptance Criteria and Acceptance Period For purposes of this Section: • “Defect” means a documented and reproducible error that causes the Software to fail to operate in accordance with its specifications and consists of Severity 1 Defects, Severity 2 Defects and Severity 3 Defects. • “Severity 1 Defect” means any Defect that identifies a significant gap from requirements making the use Amanda as defined impossible and which cannot be circumvented or avoided on a temporary basis by Customer (i.e., no workaround exists). • “Severity 2 Defect” means any Defect which defines a gap between what was delivered and what was agreed to for any important function in the requirements • “Severity 3 Defect” means any Defect which is not required to be correct for go-live. This category also includes any Defect that is primarily cosmetic in nature and does not impact system functionality and any changes or additions to features or functionality Vision33 will deliver the Deliverables described in this SOW. For each document or other non-software deliverable, Customer will review and provide either sign-off of acceptance or feedback for discussion and correction within three (3) business days. Any Deliverable that does not receive notification of non- acceptance within that time period will be deemed accepted. For each software deliverable, Customer will accept each Deliverable, unless such Deliverable contains Severity 1 Defect or Severity 2 Defect and Customer so notifies Vision33 within the Acceptance Period as defined in the User Acceptance Test Plan. Vision33 will correct Severity 1 Defects and Severity 2 Defects as described above. All other Defects will be tracked for potential future releases. Notice of any Severity 1 Defect or Severity 2 Defect must be provided to Vision33, either in writing or identified in an AFIL (the defect tracking system to be used by Vision33), by the end of the Acceptance Period defined in the User Acceptance Test Plan. Once Vision33 has provided corrections, Customer will have three (3) business days to verify that the corrections are sufficient and to provide written notice of any failure to correct a Severity 1 Defect or Severity 2 Defect. If no written notification is provided, the corrections and the Deliverables will be deemed accepted. If no User Acceptance Test Plan has been mutually agreed upon by the start of User Acceptance, the schedule and fees for the project will need to be adjusted via a change request procedure. 8.E.d Packet Pg. 191 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 19 | P a g e 5. Fee and Payment Terms The Fee for the Services and Deliverables described in this SOW is $696,764.00 USD. Vision33 may travel on site for key meetings and activities related to the project (on request). Travel is estimated at $3500 per resource to be onsite from Monday to early Friday. A recommended travel budget for the project would be up to (9) trips for a total $31,500. This is a budgetary number and not a fixed price. The City of Kent will authorize when trips can occur and can request additional trips beyond this budget. A Change Order and/or Amendment will be required to add funding for Travel, should additional travel be deemed necessary. Billing/Purchasing Milestone Invoice Amount (USD) Timeframe Milestone 1 Project Kickoff and Project Plan $46,400.00 Oct-20 Milestone 2 Solution Design Document and Prototype $56,000.00 Jan-19 Milestone 3 Folder Specification Report $62,000.00 Feb-20 Milestone 4 Merge documents and reports specification $32,000.00 Feb-20 Milestone 5 Batch Routine specification $26,000.00 Feb-20 Milestone 6 Interface Mapping Specification $24,000.00 Feb-20 Milestone 7 Data conversion mapping worksheet $30,000.00 Feb-20 Milestone 8 Inspector App Functional Requirements $18,000.00 Mar-20 Milestone 9 Portal Functional Requirements Document $18,600.00 Mar-20 Milestone 10 Backoffice Configuration and QA $90,000.00 Apr-20 Milestone 11 Configured Reports and documents and QA $36,000.00 May-20 Milestone 12 Configured Batch jobs and QA $36,000.00 May-20 Milestone 13 Data Conversion scripts executed and QA $60,000.00 May-20 Milestone 14 Inspector app configuration and QA $24,000.00 Jun-20 Milestone 15 Portal Deployed and QA $12,600.00 Jun-20 Milestone 16 Interface(s) deployed and QA $24,000.00 Jun-20 Milestone 17 Amanda KMC End User Training (1 day, up to 10 users) $14,000.00 Jul-20 Milestone 18 Amanda KMC Admin Training (3 days up to 5 users) $20,000.00 Jul-20 Milestone 19 Amanda KMC Inspector App Training (1 day, up to 10 users) $7,500.00 Jul-20 Milestone 17 User Acceptance Testing Completed & Signoff $23,664.00 Aug-20 Milestone 18 Go Live completed, Transition completed, and post go live support ended $36,000.00 Sep-20 Travel Budget (billed as actuals) $31,500.00 As Incurred Professional Services and Travel Total (USD) $728,264.00 8.E.d Packet Pg. 192 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 20 | P a g e 8.E.d Packet Pg. 193 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 21 | P a g e ____________________________________________ Billing Address: ____________________________________________ ____________________________________________ ____________________________________________ Total SOW Amount: ____________________________________________ Purchase Order No: ____________________________________________ Accepted and agreed: City of Kent CSDC Inc. By By Name Name Title Title Date Date 8.E.d Packet Pg. 194 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 22 | P a g e Appendix A: Workflow Streams Workflow Grouping Workflows Code Enforcement (3) Complaints Economic Development Property Tax Exemption Commercial Building Permit Residential Building permit (delivered in Phase I Pilot through UAT) Contractor Building Permit Commercial Demolition Permit Residential Demolition Permit Contractor Demolition Permit Commercial Mechanical Plumbing Residential Mechanical Plumbing Contractor Mechanical Plumbing Commercial Re-Roof Permit Residential Re-Roof Permit Multi-Family Re-Roof Permit Residential Basic Building permit Residential Storm Water Commercial Storm water Construction Minor Civil Construction Permit Construction Water Construction Signage Commercial Storm water Minor Civil Const Minor Civil Construction Permit Minor Civil Const Water Minor Civil Const Signage Minor Civil Const Earthwork and Clearing Construction Earthwork and Clearing Temporary Special Events Engineering Sewer from Service Agency Engineering Sewer from Service Agency Engineering Sewer from Service Agency 8.E.d Packet Pg. 195 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 23 | P a g e Workflow Grouping Workflows Engineering Water from Service Agency Engineering Water from Service Agency Engineering Water from Service Agency Engineering Conditional Use Permit Commercial Sign Permit Commercial Sign Variance Commercial Sign permit - Temporary Construction Sewer Construction Sewer Construction Storm Water Construction Street Construction Grading Construction Curb & Gutter Construction TESC Construction Traffic Lights Construction Critical Mitigation Minor Civil Const Sewer Minor Civil Const Sewer Minor Civil Const Storm Water Minor Civil Const Street Minor Civil Const Grading Minor Civil Const Curb & Gutter Minor Civil Const TESC Minor Civil Const Traffic Lights Minor Civil Const Critical Mitigation Construction Site-Specific Residential - Built with Basic Construction Site-specific Res with Comprehensive Plan Map Construction Multi Family Building Permit Construction Residential Basic Construction base plan worksheet and Option Construction Res – Planning Construction Resubmittal 8.E.d Packet Pg. 196 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 24 | P a g e Workflow Grouping Workflows Construction Revision Engineering Civil Construction Engineering On-Site Improvements Engineering Off-Site Improvements Engineering On and Off -Site Improvements Engineering Minor Civil Construction Permit/Plan Land Use Dwelling Unit permit Cottage Housing Demonstration Proposal Final Short Subdivision Final Binding Site plan Land Use Lot Line Adjustment Land Use Master Plan Land Use Midway Design Review Land Use Mixed use design review Land Use Multi-Family Design Review Land Use Planned Unit Development Land Use Plat Alteration Land Use Pre-App Conference Land Use Shoreline Exemption Land Use shoreline permit Land Use type 1 short subdivision Land Use Type 2 short subdivision Land Use Site Plan Review (delivered in Phase I Pilot through UAT) Land Use Special Home Occupation Land Use Subdivision 10 or more final plat application Land Use Subdivision 10 or more pre-plat application Land Use Temporary Use Permit Land Use Variance Application Land Use Administrative Wireless Telecommunications Application Land Use Conditional Wireless Telecommunications Application Land Use zoning map amendment 8.E.d Packet Pg. 197 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 25 | P a g e Workflow Grouping Workflows Construction Deferral Land use Variance Application Review Public Hearing Appeal Appeal Admin Interpretation Appeal Appeal SEPA Determination Appeal Appeal Short Plat Decision Binding Commercial & Industrial Binding Condominium Sites Binding Binding Site Modification Planning Schedule Hearing Planning Notice of public hearing Planning Staff Report Planning Public Hearing Planning Land use Recommendation Planning City Council Decision Planning Notice of Decision Engineering Amendment Engineering Amendment Engineering Amendment Engineering Amendment Engineering Amendment Engineering Amendment Engineering Amendment Engineering Pre-App Conference Engineering Completeness Review Engineering Additional Info submittal Engineering Notice of Application Engineering External Agency - Comment process Engineering Public Notice Engineering Application changes from Notice 8.E.d Packet Pg. 198 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 26 | P a g e Appendix B: Workflow Streams Task and Deliverables Details The following subsections provide details of key deliverables to be completed and provided to Customer by Vision33. As each deliverable is provided, the Customer Project Manager will be notified. Unless specifically note in the deliverable description, Customer has three (3) business days to review each deliverable and provide written notification of acceptance or non-acceptance of the deliverable. If no notification is provided, the deliverable will be deemed accepted. Any notice of non-acceptance must include detailed feedback of the reason Customer does not accept, per section 4. Acceptance Criteria and Acceptance Period App B.1. Preparation Phase App B.1.1 Project Kickoff Session Deliverable Description: A leadership driven session to introduce the vendor, objectives, goals, and exit criteria necessary for a successful implementation. Upon completion the slide package is delivered to Customer. Assumptions and Constraints: o Prior to kickoff items provided from the “Pre-Analysis Homework”, required from the Customer, will be provided to Vision33. o Kickoff may be in conjunction with the Solution Verification workshop to facilitate a single session. o Kickoff / Slides include project scope, goals and expectations, risks, PM process, high level schedule. Acceptance Criteria: Completion of Kickoff Session and delivery of slide package. App B.1.2 Project Plan Deliverable Description: Mutually agreed upon project schedule, maintained by Vision33, to commence the project. Assumptions and Constraints: o Vision33 maintains the project plan. Exports can be provided upon request but the Vision33 collaborative project schedule will be the System of Record. o Customer Project Manager has identified SMEs and IT resources that will be available throughout the implementation o Completion will signify the initial project plan. Rebalancing activities will occur on a monthly basis and will account for any expected vacation/holiday plans for resources and update for any lag that has occurred. Acceptance Criteria: Customer Project Manager Acceptance of Schedule. App B.2. Solution Verification & Prototype App B.2.1 Solution Design Document (SDD) Deliverable Description: Document that represents a high-level view of the solution. The SDD establishes that the Solution Architect has a functional understanding of the solution required to meet the needs established within the engagement. 8.E.d Packet Pg. 199 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 27 | P a g e Assumptions and Constraints: o Listing and high-level definition of Folder Types to be developed. Below is a list of all program actives listed in the RFP. These will be grouped into 20 Amanda Folder types with 110 Subtype/work-types. o List of 20 merge documents and 30 reports. o High level listing of portal scope. o High level listing of Inspector App scope. o High level listing of the Interface scope. o High level listing of the data conversion scope. Acceptance Criteria: (DA form required): Customer Business SME and PM signoff on the SDD Document. App B.2.2 Amanda Folder Prototype Deliverable Description: A high-level walk through of the SDD and Prototype are performed to emphasize the functional understanding gained through output provided and Solution Verification workshops performed. In addition, a Folders List, documenting the elements of the solution that will be expanded upon during Needs Analysis will be provided. Assumptions and Constraints: o The Prototype Folder(s) may be in the Customer’s Development environment or a Vision33 Sandbox if the Development environment has not yet been prepared. o Folder list is an export from Prototype and includes all Folders that are to be developed as defined in the Customer’s BRD and Vision33 SDD documents. Acceptance Criteria: (DA form required): Signoff of Folder List. App B.3. Needs Analysis App B.3.1 Updated Amanda Folder Prototype Deliverable Description: Document that provides a detailed description of each unique folder, a mapped workflow diagram, and business rules gathered during requirements gathering workshops. Assumptions and Constraints: o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase o Identified folder types are found in the “workflow grouping” column of Appendix A and are subject to change through the Solution Verification and Needs Analysis phases. o Any changes to the folder count (20) will be discussed with the Customer prior to making the adjustment. Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the FSR Report. 8.E.d Packet Pg. 200 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 28 | P a g e App B.3.2 Report(s) Output Requirement Document(s) Deliverable Description: Document(s) that lay out the design of a specific output deliverable (report, query, or dashboard) and the corresponding data required to meet Customer requirements found in the Customer BRD. Assumptions and Constraints: o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase. o 25 reports are in scope Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the Report Output Mapping worksheet. App B.3.3 Merge Document Requirement Document(s) Deliverable Description: Document(s) that lay out the design of a specific document(s) and the corresponding data required to meet Customer requirements found in the Customer BRD. Assumptions and Constraints: o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase. o 15 merge documents are in scope Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the Report Output Mapping worksheet. App B.3.4 Batch Routine Requirement Document(s) Deliverable Description: Document(s) that describes automatic batch routines required, their functionality, and any automated modifications to data elements. Assumptions and Constraints: o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase. o Up to 17 batch jobs. Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the Batch Routine Document(s). App B.3.5 Interface Requirement Document(s) Deliverable Description: Document(s) describing identified interfaces, their functionality, and any automated modifications required for data elements. Assumptions and Constraints: o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase. o Except for Bluebeam and GIS, the Phase I Pilot workstreams should be included in interface analysis and documentation. o 9 Interfaces have been identified, they are the following: ▪ Business License legacy interface ▪ Inova (Internal POS) payment gateway ▪ Orbi payment gateway ▪ State/e-Gov alliance 8.E.d Packet Pg. 201 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 29 | P a g e ▪ Laserfische ▪ Bluebeam (implemented in Phase 1) ▪ GIS (implemented in Phase 1) ▪ IVR ▪ Address Authority Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the Interface Requirement Document(s). App B.3.6 Data Conversion Mapping Worksheet(s) Deliverable Description: Excel document describing all data conversion required, their functionality, and any automated modifications to data elements. Assumptions and Constraints: o Data Conversion mapping/analysis is not to exceed 10 business days, this does not include configuration, testing, and UAT issue identification/resolution. o Customer is responsible for data cleansing, normalization, and redundancy. o Customer will make available a technical resource familiar with the legacy application’s relational structure and be able to perform cleansing, normalization, and redundancy. o Customer will export data from legacy system and upload (in native format) to tables within the database. o Vision33 analyst will map all fields to the solution. If elements are to be omitted this should be communicated by SMEs to the analyst accordingly. o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase. o 1 data conversion source, KIVA, relating to the following four business disciplines: Building Services, Planning Services, Development Engineering, and Civil Construction. All other sources, or business disciplines, identified would be considered out of scope o Phase I Pilot workstreams should be included in Data Conversion analysis and documentation. Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the Batch Mapping Worksheets. App B.3.7 Inspector App Functional Requirements Document Deliverable Description: Document that provide a detailed list of the inspections, inspectors, and functionality of the Inspector Application. Assumptions and Constraints: o The Inspector Application is a pre-defined COTS solution that leverages the back office through store & forward functionality. Changes requested are product enhancements and are not within scope of this engagement. o Elements covered in the document relate to inspection type, inspectors, and installation. o Vision33 can provide recommendation on devices, but recommendations will only be through prior installation and use experiences. Vision33 makes no attestation or assurances on the device the Customer selects to utilize. o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase. o Phase I Pilot workstreams should be included in Inspector App analysis and documentation. 8.E.d Packet Pg. 202 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 30 | P a g e Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the Inspector App FRD. App B.3.8 Portal Functional Requirements Document (FRD) Deliverable Description: A detailed document describing the Portal screens, the identified fields to present to citizens, permissions around access, and exchange data elements. Assumptions and Constraints: o Requirements are backwards traceable to Customer’s BRD, and Vision33’s System Design Document (SDD) from the Scope Verification phase. o Portal will include scope for the following: ▪ Home Page or Landing Page. ▪ Page Master: • Default master page for all subsequent pages. ▪ Public Search Page: • Search for [Folder] by property address. • Search for [Folder] by permit/license information. • View [Folder] search results in table or on map (Google map). • View [Folder] details: o Folder Details (i.e. folder). o Property Details (if applicable). o Application Details (i.e. Folder Info’s). ▪ User Registration (2-step verification) Page. ▪ Registered User Login page. ▪ User Profile Management Page. ▪ Password Reset Page. ▪ User Dashboard: • View data & status of all permits, licenses and other applications: o Folder Details (i.e. folder). o Property Details (if applicable). o Application Details (i.e. Folder Info’s). o Attachments. o Certifications. o Process list with Status. o Application Fee. o Schedule Inspections. • Edit data of all permits, licenses and other applications. • Schedule & manage inspections requests. • Download approved permits or license. ▪ Submit New Applications: • Submit/renew an application (Folder): o Application Wizard & Anchors for (Customer-authored) Help/Guiding Text. o Property Search. o Application Detail (i.e. Folder info’s). o Upload attachments (multiple file, drag & drop). 8.E.d Packet Pg. 203 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 31 | P a g e o Pay application fees. ▪ Save and withdraw applications. ▪ Payment interface. Acceptance Criteria: (DA form required): Customer Business SME and PM signed acceptance of the Public Portal FRD. App B.3.9 User Acceptance Test Plan Deliverable Description: Document that provide a detailed to complete User Acceptance Testing. The plan will include: • List of all test cases to be developed and assigned resources responsible for delivering • Schedule for test case development • Schedule for review and validation of test cases and acceptance criteria • UAT schedule including o Test cycle schedule o Issue triage schedule o Issue correction period o Resource plan and schedule Assumptions and Constraints: o Vision33 will manage the UAT process o Customer PM will coordinate and communicate with all Customer resources required to complete UAT. o Customer will make required resources available to complete the UAT in a timely manner. o Failure to make Customer resources available will impact schedule and/or cost, requiring a change order to the project o User Acceptance is currently estimated at 4-6 weeks – an increase in duration of UAT will impact overall schedule and fees, necessitating a change order Acceptance Criteria: (DA form required): Customer PM signed acceptance of the UAT Plan. App B.4. Configuration App B.4.1 Configured Folders for Test Deliverable Description: Configured Folders in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o UAT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-test Folders released to Customer Test Environment and Customer notified about release. App B.4.2 Configured Output Reports for Test Deliverable Description: Output Reports in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o All functions and features configured have been unit and system tested. 8.E.d Packet Pg. 204 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 32 | P a g e o QA is to be performed prior to Customer handoff o UAT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-Test Output Reports released to Customer Test Environment, and Customer notified about release for UAT to commence. App B.4.3 Configured Merge Documents for Test Deliverable Description: Merge Documents in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o UAT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-Test Merge Documents released to Customer Test Environment, and Customer notified about release. App B.4.4 Configured Batch Jobs for Test Deliverable Description: Batch Job Routines in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o If batch jobs require external validation the Customer must coordinate the appropriate contact to establish an appropriate test plan. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o UAT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-Test Batch Job Routines released to Customer Test Environment, and Customer notified about release. App B.4.5 Configured Interfaces for Test Deliverable Description: Interfaces in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o The Customer must coordinate the appropriate contact to establish an appropriate test plan. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o UAT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-Test Interfaces released to Customer Test Environment, and Customer notified about release. App B.4.6 Configured Data Conversion for Test Deliverable Description: Data Conversion in Customer’s Test Environment. Assumptions and Constraints: o Data Conversion configuration is not to exceed 25 business days, this does not include UAT issue identification/resolution. o An updated export of data is uploaded into (the Customer’s) pre-established tables. 8.E.d Packet Pg. 205 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 33 | P a g e o Legacy technical SME must be available for any outlier or data discussion that arise from the conversion scripting. o Configuration is completed as defined in the approved Analysis documentation. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o UAT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-Test Data Conversion released to Customer Test Environment, and Customer notified about release. App B.4.7 Configured Inspector App for Test Deliverable Description: Inspector App in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o UAT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-Test Inspector App released to Customer Test Environment, and Customer notified about release. App B.4.8 Configured Portal(s) for Test Deliverable Description: Portal module configured in Customer’s Test Environment. Assumptions and Constraints: o Configuration is completed as defined in the approved Analysis documentation. o All functions and features configured have been unit and system tested. o QA is to be performed prior to Customer handoff o UAT should not commence until Train-the-Trainer activities occur Acceptance Criteria: Pre-Test configured Portal(s) released to Customer Test Environment, and Customer notified about release. App B.5. Training and Knowledge Transfer App B.5.1 KMC Amanda User Training Course Deliverable Description: Formal KMC Training course and hard copy training material for each attendee. Assumptions and Constraints: o One (1) day training course. o Onsite delivery. o KMC Training Instructor will deliver the course. o Ten (10) attendees per training session. o Attendees will include staff that will be. ▪ Performing User Acceptance Testing. ▪ Providing long term internal support to the system. Acceptance Criteria: Completion of Training Course. 8.E.d Packet Pg. 206 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 34 | P a g e App B.5.2 KMC Amanda Administration Training Course Deliverable Description: Formal KMC Training course and hard copy training material for each attendee. Assumptions and Constraints: o Three (3) day training course. o Onsite delivery. o KMC Training Instructor will deliver the course. o Five (5) attendees per training session. o Attendees will include staff that will be: ▪ Performing User Acceptance Testing. ▪ Providing long term internal support to the system. Acceptance Criteria: Completion of Training Course App B.5.3 KMC Amanda Inspector App Training Deliverable Description: Formal KMC Training course and hard copy training material for each attendee. Assumptions and Constraints: o One (1) day training course. o Onsite delivery. o KMC Training Instructor will deliver the course. o Ten (10) attendees per training session. o Attendees will include staff that will be. ▪ Performing User Acceptance Testing. ▪ Providing long term internal support to the system. Acceptance Criteria: Completion of Training Course. App B.5.4 Configuration-Based “Train the Trainer” Knowledge Transfer Deliverable Description: Solution training performed by Vision33 staff to SMEs, with the expectation of the SMEs to be prepared to properly train other staff successfully. Assumptions and Constraints: o Vision33 will provide Two, One (1) day training courses with a maximum attendance of 10 “trainers” per course. o All train-the-trainer activities are performed onsite, unless explicitly requested otherwise (in writing) by the Customer. o Vision33 Business Analyst, Solution Architect, and/or Technical Consultant may provide the training as appropriate. o Training will focus on Back Office, Inspector App, and Portal features o Training documentation will not be provided and is the responsibility of the Customer to create for further training sessions. Acceptance Criteria: Completion of Training session. 8.E.d Packet Pg. 207 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 35 | P a g e App B.6. User Acceptance Test App B.6.1 Final Configured Folders for Deployment Deliverable Description: This deliverable signifies the completion of folder User Acceptance Testing (UAT) and respective functionalities, reported as issues during UAT, are resolved or mitigated. Assumptions and Constraints: o Issues logs, maintained to track UAT progress, is the responsibility of the Vision33 PM. o Issues reported are those reported within the test environment prior to Production deployment. o Vision33 classifies issues in order of severity (1,2, and 3). The resolution and/or mitigation of all Severity 1 & 2 issues deems the solution complete and ready for deployment in Production. Acceptance Criteria: (DA form required): Customer Business SME and Project Manager signoff. App B.6.2 Final Configured Output Reports for Deployment Deliverable Description: This deliverable signifies the completion of output report(s) UAT and respective functionalities, reported as issues during UAT, are resolved or mitigated. Assumptions and Constraints: o Issues logs, maintained to track UAT progress, is the responsibility of the Vision33 PM. o Issues reported are those reported within the test environment prior to Production deployment. o Vision33 classifies issues in order of severity (1,2, and 3). The resolution and/or mitigation of all Severity 1 & 2 issues deems the solution complete and ready for deployment in Production. Acceptance Criteria: (DA form required): Customer Business SME and Project Manager signoff. App B.6.3 Final Configured Merge Documents for Deployment Deliverable Description: This deliverable signifies the completion of merge document UAT and respective functionalities, reported as issues during UAT, are resolved or mitigated. Assumptions and Constraints: o Issues logs, maintained to track UAT progress, is the responsibility of the Vision33 PM. o Issues reported are those reported within the test environment prior to Production deployment. o Vision33 classifies issues in order of severity (1,2, and 3). The resolution and/or mitigation of all Severity 1 & 2 issues deems the solution complete and ready for deployment in Production. Acceptance Criteria: (DA form required): Customer Business SME and Project Manager signoff. App B.6.4 Final Configured Batch Jobs for Deployment Deliverable Description: This deliverable signifies the completion of batch job UAT and respective functionalities, reported as issues during UAT, are resolved or mitigated. Assumptions and Constraints: o Issues logs, maintained to track UAT progress, is the responsibility of the Vision33 PM. o Issues reported are those reported within the test environment prior to Production deployment. 8.E.d Packet Pg. 208 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 36 | P a g e o Vision33 classifies issues in order of severity (1,2, and 3). The resolution and/or mitigation of all Severity 1 & 2 issues deems the solution complete and ready for deployment in Production. Acceptance Criteria: (DA form required): Customer Business SME and Project Manager signoff. App B.6.5 Final Configured Interfaces for Deployment Deliverable Description: This deliverable signifies the completion of folder User Acceptance Testing (UAT) and respective functionalities, reported as issues during UAT, are resolved or mitigated. Assumptions and Constraints: o Issues logs, maintained to track UAT progress, is the responsibility of the Vision33 PM. o Issues reported are those reported within the test environment prior to Production deployment. o Vision33 classifies issues in order of severity (1,2, and 3). The resolution and/or mitigation of all Severity 1 & 2 issues deems the solution complete and ready for deployment in Production. Acceptance Criteria: (DA form required): Customer Business SME and Project Manager signoff. App B.6.6 Final Configured Data Conversion for Deployment Deliverable Description: This deliverable signifies the completion of data conversion UAT and respective functionalities, reported as issues during UAT, are resolved or mitigated. Assumptions and Constraints: o Issues logs, maintained to track UAT progress, is the responsibility of the Vision33 PM. o Issues reported are those reported within the test environment prior to Production deployment. o Vision33 classifies issues in order of severity (1,2, and 3). The resolution and/or mitigation of all Severity 1 & 2 issues deems the solution complete and ready for deployment in Production. Acceptance Criteria: (DA form required): Customer Business SME and Project Manager signoff. App B.6.7 Final Configured Inspector App for Deployment Deliverable Description: This deliverable signifies the completion of Inspector App UAT and respective functionalities, reported as issues during UAT, are resolved or mitigated. Assumptions and Constraints: o Issues logs, maintained to track UAT progress, is the responsibility of the Vision33 PM. o Issues reported are those reported within the test environment prior to Production deployment. o Vision33 classifies issues in order of severity (1,2, and 3). The resolution and/or mitigation of all Severity 1 & 2 issues deems the solution complete and ready for deployment in Production. Acceptance Criteria: (DA form required): Customer Business SME and Project Manager signoff. App B.6.8 Final Configured Portal for Deployment Deliverable Description: This deliverable signifies the completion of Portal UAT and respective functionalities, reported as issues during UAT, are resolved or mitigated. Assumptions and Constraints: o Issues logs, maintained to track UAT progress, is the responsibility of the Vision33 PM. 8.E.d Packet Pg. 209 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 37 | P a g e o Issues reported are those reported within the test environment prior to Production deployment. o Vision33 classifies issues in order of severity (1,2, and 3). The resolution and/or mitigation of all Severity 1 & 2 issues deems the solution complete and ready for deployment in Production. Acceptance Criteria: (DA form required): Customer Business SME and Project Manager signoff. App B.7. Go Live and Closure App B.7.1 Go Live Checklist Deliverable Description: Document that provides step-by-step instructions, as well as the identified resource responsible, to ensure a successful migration of the developed solution to the production environment. Assumptions and Constraints: o Vision33 staff will not have access to Customer Production environment (i.e. Server, Database, etc.). o May or may not include a physical deployment package of configured elements depending on whether Customer prefers instructions to move elements between environments, or instructions for install elements from a package (e.g. Zip file). o Final version may be “red line” updated by the Customer at mock Go-Live prior to actual deployment. Acceptance Criteria: Customer email or verbal approval of the Deployment Instructions. App B.7.2 Deployed Essential Configuration Elements Deliverable Description: Configured Elements are deployed to Production Environment. Assumptions and Constraints: Includes: o Customer performs deployment with Vision33 support. o Configured elements are those described above and cover the following: ▪ Folders. ▪ Batch Jobs. ▪ Output Reports. ▪ Documents ▪ Interfaces. ▪ Inspector App. ▪ Portal. Acceptance Criteria: Elements Deployed to Production. App B.7.3 Go Live Deliverable Description: Customer begins using the system in Production with live data. Assumptions and Constraints: o Go Live may not be immediately after Production Deployment o If production deployment does not signify Go Live, once final production deployment dedicated resources will be released to other projects. o Usage of the system with live production data constitutes Go Live even if formal notification has not been provided. 8.E.d Packet Pg. 210 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 38 | P a g e Acceptance Criteria: Customer notification of Go-Live or Customer usage of the system for live Production data. App B.7.4 Post Go Live Support Deliverable Description: Vision33 support to address issues arising in the first week of usage in Production. Assumptions and Constraints: o If go-live is not immediately after production deployment, additional costs may be required for post go-live support o Limited timeframe: one (1) calendar week after Go-Live to raise issues. o Vision33 resolves issues before considering the deliverable closed. o After completion of Post Go Live support, any new issues are handled under separate agreement as appropriate to the issue. Acceptance Criteria: o Completion of one (1) calendar week period without incident. o Closure of incidents raised during first calendar week of operation. App B.8. Deliverable Table The deliverable table is organized by project phase, with an estimated date range. The estimated date range is based on the preliminary project plan provided in Appendix #E Item Phase / Deliverable B.1. Preparation Phase B.1.1. Project Kickoff Session B.1.2. Project Plan B.2. Solution Verification B.2.1. Solution Design Document B.2.2. Amanda Folder Prototype B.3. Needs Analysis B.3.1. Updated Amanda Folder Prototype B.3.2. Report(s) Output Requirement Document(s) B.3.3. Merge Document Requirement Document(s) B.3.4. Batch Routine Requirement Document(s) B.3.5. Interface Requirement Document(s) B.3.6. Data Conversion Mapping Worksheet(s) B.3.7. Inspector App Functional Requirements Document B.3.8. Portal Functional Requirements Document 8.E.d Packet Pg. 211 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 39 | P a g e B.3.9. User Acceptance Test Plan B.4. Configuration B.4.1. Configured Folders for Test B.4.2. Configured Output Reports for Test B.4.3. Configured Merge Documents for Test B.4.4. Configured Batch Jobs for Test B.4.5. Configured Interfaces for Test B.4.6. Configured Data Conversion for Test B.4.7. Configured Inspector App for Test B.4.8. Configured Portal for Test B.5. Training and Knowledge Transfer B.5.1. KMC Amanda User Training Course B.5.2. KMC Amanda Administrative Training Course B.5.3. KMC Amanda Inspector App Course B.5.4. Configuration-Based “Train the Trainer” KT B.6. User Acceptance Test B.6.1. Final Configured Folders for Deployment B.6.2. Final Configured Output Reports for Deployment B.6.3. Final Configured Merge Documents for Deployment B.6.4. Final Configured Batch Jobs for Deployment B.6.5. Final Configured Interfaces for Deployment B.6.6. Final Configured Data Conversion for Deployment B.6.7. Final Configured Inspector App for Deployment B.6.8. Final Configured Portal for Deployment B.7. Go Live and Closure B.7.1. Go Live Checklist B.7.2. Deployed Essential Configuration Elements B.7.3. Go Live B.7.4. Post Go Live Support 8.E.d Packet Pg. 212 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 40 | P a g e Appendix C: Deliverable Acceptance Milestone Acceptance Request Project Name: Date Requested: Reference: Requested Return Date: Requested By: Telephone: Deliverable Name: Date and Version: Deliverable Cost to be Invoiced: Deliverable Disposition Accepted No Conditions Accepted with Conditions Rejected Comments: Attachment: Signature: (Indicating Acceptance) 8.E.d Packet Pg. 213 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 41 | P a g e Appendix D: Pre-Analysis Homework Topic Item list Leadership • Provide Full Name, Role/Title, and Department for the following roles: o CIO o Project Sponsor o Department Directors or Officials o Project Manager o Business Analyst Users • Proved Full Name, Role/Title, and Department for all Backoffice Users • Provide Full Name, Title, Discipline, and Regions (if applicable) for all Inspectors • Provide Full Name, Title, and Support Function for all IT members involved in this engagement Business • What is the primary goal of the system? • Synopsis of the business • Process Flow diagrams Operational • Standard Operating Procedures (if available) Customer Interaction • Paper application • Any public portal available? • How does the public provide information to San Jose? Communication • Letters sent to public • Emails • Certifications Dependencies • Individual applications • Progressive applications (a,b,c) Internal reporting • Report Examples • Detail important metrics to operations Fees • Fees • Discounts • Computational logic 8.E.d Packet Pg. 214 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 42 | P a g e Current State • Pain Points • Expectation of the new systems • Peak volume • Busy periods • “Case” Metrics – Number of Folders per year • Licenses for existing systems or Third-Party systems - expiry dates, deadlines? Eligibility • Any Certifications? • Any third-party service providers Reviewers • Communication to the external reviewer • Inspections Current application • Walkthrough (recorded) • Identify Unique requirements: • Relate to AMANDA o People o Property o Attachments o Business Rules • Data Conversion (legacy system description of overall purpose) Accounting • Interface with GL • Reconciliation 8.E.d Packet Pg. 215 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 43 | P a g e Appendix E: Preliminary Project Plan Task Name Duration Start Finish Project Management 245 days Oct 1 '19 Sep 7 '20 AMANDA Implementation for City of Kent 245.3 days Oct 1 '19 Sep 8 '20 Phase 2 - Build Phase 35 days Oct 1 '19 Nov 18 '19 Prepare & Software Delivery 1 day Oct 1 '19 Oct 1 '19 Pre-Analysis 35 days Oct 1 '19 Nov 18 '19 Kickoff and review of Project Schedule 1 day Oct 1 '19 Oct 1 '19 On Premise Setup 3 days Oct 1 '19 Oct 3 '19 Solution Design and Prototype-2 Iterations 34 days Oct 2 '19 Nov 18 '19 Milestone 1 - Solution Design Complete 0 days Nov 18 '19 Nov 18 '19 Analysis 102 days Oct 1 '19 Feb 19 '20 Back office 68 days Oct 1 '19 Jan 2 '20 Interfaces 14 days Jan 3 '20 Jan 22 '20 Conversion 9 days Jan 3 '20 Jan 15 '20 Inspector 3 days Jan 16 '20 Jan 20 '20 Portal 2 days Jan 23 '20 Jan 24 '20 Batch Jobs 1 day Jan 27 '20 Jan 27 '20 Functional Requirements Documents 17 days Jan 28 '20 Feb 19 '20 Folder Specification Report (System Requirements)-Folder Type 6.5 days Jan 28 '20 Feb 5 '20 FSR preparation and submission 5 days Jan 28 '20 Feb 3 '20 FSR Review by Client 1 day Feb 4 '20 Feb 4 '20 FSR updates and sign off 0.5 days Feb 5 '20 Feb 5 '20 Milestone 2 Analysis Complete Folder and FSR 0 days Feb 5 '20 Feb 5 '20 Functional Requirements Document-Reports and Documents 3 days Feb 5 '20 Feb 10 '20 FRD preparation and submission 1.5 days Feb 5 '20 Feb 6 '20 FRD Review by Client 1 day Feb 7 '20 Feb 7 '20 FRD updates and sign off 0.5 days Feb 10 '20 Feb 10 '20 Milestone 3 -Reporting Analysis complete and approved 0 days Feb 10 '20 Feb 10 '20 8.E.d Packet Pg. 216 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 44 | P a g e Functional Requirements Document-Interfaces 3 days Feb 10 '20 Feb 13 '20 FRD preparation and submission 1.5 days Feb 10 '20 Feb 11 '20 FRD Review by Client 1 day Feb 12 '20 Feb 12 '20 FRD updates and sign off 0.5 days Feb 13 '20 Feb 13 '20 Milestone 4 -Reporting Analysis complete and approved 0 days Feb 13 '20 Feb 13 '20 Conversion mapping work sheets 4.5 days Feb 13 '20 Feb 19 '20 Conversion mapping Worksheets prepare and submission 2 days Feb 13 '20 Feb 17 '20 Conversion mapping Worksheets Review 2 days Feb 17 '20 Feb 19 '20 Conversion worksheet Signoff 0.5 days Feb 19 '20 Feb 19 '20 Milestone 5 -Conversion Mapping worksheets complete Approved 0 days Feb 19 '20 Feb 19 '20 Functional Requirements Document-Batch Jobs 2 days Feb 17 '20 Feb 19 '20 FRD preparation and submission 0.5 days Feb 17 '20 Feb 17 '20 FRD Review by Client 1 day Feb 18 '20 Feb 18 '20 FRD updates and sign off 0.5 days Feb 19 '20 Feb 19 '20 Milestone 6 -Requirements for Batch jobs 0 days Feb 19 '20 Feb 19 '20 Inspector App Requirements 1 day Jan 28 '20 Jan 28 '20 FRD preparation and submission 1 day Jan 28 '20 Jan 28 '20 FRD Review by Client 1 day Jan 28 '20 Jan 28 '20 FRD updates and sign off 1 day Jan 28 '20 Jan 28 '20 Functional Requirements Document -Portal 3 days Feb 13 '20 Feb 18 '20 FRD preparation and submission 1.5 days Feb 13 '20 Feb 14 '20 FRD Review by Client 1 day Feb 17 '20 Feb 17 '20 FRD updates and sign off 0.5 days Feb 18 '20 Feb 18 '20 Milestone 7 Portal Requirements 0 days Feb 18 '20 Feb 18 '20 Milestone 8 - Needs Analysis Phase Complete 0 days Feb 18 '20 Feb 18 '20 Configuration 53 days Feb 18 '20 May 1 '20 Back Office 53 days Feb 18 '20 May 1 '20 Folder Types 33 days Feb 18 '20 Apr 3 '20 Milestone 9 - Folder type Configuration Complete 0 days Apr 3 '20 Apr 3 '20 8.E.d Packet Pg. 217 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 45 | P a g e Reports and Documents 5 days Apr 3 '20 Apr 10 '20 Milestone 10 Reports/documents configuration complete 0 days Apr 10 '20 Apr 10 '20 Batch Jobs 8 days Apr 10 '20 Apr 22 '20 Milestone 11 - Configuration of Batch jobs complete 0 days Apr 22 '20 Apr 22 '20 Interfaces (GIS/Bluebeam) 17.5 days Apr 3 '20 Apr 28 '20 Milestone 12 - interfaces complete 0 days Apr 28 '20 Apr 28 '20 Conversion 7 days Apr 22 '20 May 1 '20 Milestone 13 Conversion Complete 0 days May 1 '20 May 1 '20 Portal 30 days Feb 18 '20 Mar 31 '20 Milestone 14 Portal configurations Complete 0 days Mar 31 '20 Mar 31 '20 Internal QA review 15 days May 1 '20 May 22 '20 Milestone 15 - Configuration and QA Complete 0 days May 22 '20 May 22 '20 Promote Build to UAT/Pre-Prod Env 1 day May 22 '20 May 25 '20 KMC Admin and End User Training (1-day, 4 day) 5 days May 25 '20 Jun 1 '20 Training for UA Testing 0.8 days Jun 1 '20 Jun 2 '20 Folder Types 0.2 days Jun 1 '20 Jun 1 '20 Reports and Documents 0.2 days Jun 1 '20 Jun 1 '20 Interfaces 0.2 days Jun 1 '20 Jun 2 '20 Portal 0.2 days Jun 2 '20 Jun 2 '20 UAT (User Acceptance Testing 35 days Jun 2 '20 Jul 21 '20 UAT Round 1 15 days Jun 2 '20 Jun 23 '20 UAT Round 2 10 days Jun 23 '20 Jul 7 '20 UAT Round 3 10 days Jul 7 '20 Jul 21 '20 Integration UAT 20 days Jul 21 '20 Aug 18 '20 Milestone 16 - Test and Training Phase Complete 0 days Aug 18 '20 Aug 18 '20 Configuration Based Train the Trainer Knowledge Transfer 0 days Aug 18 '20 Aug 18 '20 Final Configured Folders for Deployment 0 days Aug 18 '20 Aug 18 '20 8.E.d Packet Pg. 218 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 46 | P a g e Final Configured Output Reports for Deployment 0 days Aug 18 '20 Aug 18 '20 Final Configured Interfaces for Deployment 0 days Aug 18 '20 Aug 18 '20 Final Configured Portal for Deployment 0 days Aug 18 '20 Aug 18 '20 Acceptance 0 days Aug 18 '20 Aug 18 '20 Payment 0 days Aug 18 '20 Aug 18 '20 Go Live Preparation 1.25 days Aug 18 '20 Aug 19 '20 Verify software release version for Production 0.25 days Aug 18 '20 Aug 18 '20 Production Environment readiness 1 day Aug 18 '20 Aug 19 '20 Install final AMANDA release on Back office, Portal, SOLAR, Yellow fin 1 day Aug 18 '20 Aug 19 '20 Signoff on verification and mutual acceptance of the Go live check list 1 day Aug 18 '20 Aug 19 '20 Go Live Readiness 4 days Aug 19 '20 Aug 25 '20 Go-No- Go decision (Based on Data Conversion issues if any) 1 day Aug 19 '20 Aug 20 '20 Configuration Cut Over 0 days Aug 20 '20 Aug 20 '20 Back up Production Environment 0.5 days Aug 20 '20 Aug 20 '20 Final Data Integrity Testing 1 day Aug 19 '20 Aug 20 '20 Restore Production Backup 1 day Aug 20 '20 Aug 21 '20 Solution Go Live 1.5 days Aug 21 '20 Aug 25 '20 Support Transition Handover 1 day Aug 21 '20 Aug 24 '20 Milestone 16 - Go Live 0 days Aug 25 '20 Aug 25 '20 Mock Go Live Deployment 0 days Aug 25 '20 Aug 25 '20 Production Deployment Package and Instructions 0 days Aug 25 '20 Aug 25 '20 Deployed Essential Configuration Elements 0 days Aug 25 '20 Aug 25 '20 Deployed Legacy Data 0 days Aug 25 '20 Aug 25 '20 Deployed Secondary Configuration Elements 0 days Aug 25 '20 Aug 25 '20 Go Live 0 days Aug 25 '20 Aug 25 '20 Acceptance 0 days Aug 25 '20 Aug 25 '20 Payment 0 days Aug 25 '20 Aug 25 '20 Post Go live Support 10 days Aug 25 '20 Sep 8 '20 8.E.d Packet Pg. 219 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Kent – Amanda Implementation – Phase 2 - Statement of Work 47 | P a g e Milestone 17 - Post Go Live Complete and Project Closure 0 days Sep 8 '20 Sep 8 '20 8.E.d Packet Pg. 220 At t a c h m e n t : E x h i b i t D - C S D C A m a n d a S O W 2 ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d M a n a g e m e n t S o f t w a r e - Position Paper, for the Replacement of Kiva (Permit and Land Management System) Prepared for ECD and IT Management Consideration by: Jennifer Graff Senior Systems Analyst (ECD/Communications) Somen Palit Systems & Integrations Development Manager Information Technology Assessment & Pre -Selection of Vendors 8.E.e Packet Pg. 221 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 1 Position Paper, for the Replacement of Kiva (Permit and Land Management System ) Pre-Selection Process The pre-selection of the top two replacement systems for Kiva was determined by a series of technical and ongoing support assessments. Integration with MyBuildingPermit.com ............................................ 2 Integration with Laserfiche ............................................................... 4 Integration with ArcGIS .................................................................... 5 Integration with BlueBeam................................................................ 6 Integration with iNovah .................................................................... 7 Integration with Selectron ................................................................ 8 Other Technical Requirements ........................................................... 9 Vendor Responsiveness ................................................................... 10 Training and Certifications .............................................................. 11 Additional Notes and Considerations ............................................... 12 Final Position and Recommendation ................................................ 13 8.E.e Packet Pg. 222 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 2 Integration with MyBuildingPermit.com One of the future goals for the new system is to be usable (integrated) with MyBuildingPermit.com, which is a multi-jurisdiction permit portal that allows an entity to apply for permits and schedule inspections in a single place, yet across all member jurisdictions (without having to go to each jurisdiction’s permit portal separately). https://mybuildingpermit.com/ Using MyBuildingPermit.com, the team was able to narrow down the assessment of possible solutions to only those systems used by the existing members of the consortium. The findings are noted on the next page. 8.E.e Packet Pg. 223 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 3 List of existing MBP members and the permit system they utilize: Agency Name Permit System City of Bellevue AMANDA City of Bothell EnerGov City of Burien CityView City of Issaquah TRAKiT City of Kenmore TRAKiT City of Kirkland EnerGov City of Mercer Island TRAKiT City of Mill Creek TRAKiT City of Newcastle TRAKiT City of Renton EnerGov City of Sammamish TRAKiT City of Snoqualmie Tidemark City of Woodinville Tidemark Snohomish County AMANDA Count and overall percentage of implementations by system: Permit System Count Percentage (Count/14) AMANDA (CSDC) 2 14% EnerGov (Tyler Tech) 3 21% CityView (Harris) 1 7% TRAKiT (Superion) 6 43% Tidemark (Accella) 2 14% 8.E.e Packet Pg. 224 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 4 Integration with Laserfiche A requirement for the new system is that it be able to integrate with Laserfiche, the City’s new electronic document management and business process workflow system. Plans and Permits are stored in Laserfiche and applied retention periods (for use in future PRRs). Permit System Integrated with Laserfiche? AMANDA (CSDC) YES EnerGov (Tyler Tech) YES CityView (Harris) YES TRAKiT (Superion) YES Tidemark (Accella) YES Sources: https://www.laserfiche.com/marketplace/trakitenterprise/ https://www.laserfiche.com/marketplace/cityview-government-solutions/ https://www.laserfiche.com/marketplace/tyler-energov-integration-ecs- imaging/ http://www.seattle.gov/purchasing/VendorContracts/Docs/0000002558va2. pdf, page 18 https://www.accela.com/company/news/press-releases/922-accela- partners-with-laserfiche-for-improved-content-management 8.E.e Packet Pg. 225 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 5 Integration with ArcGIS A requirement for the new system is that it be able to integrate with ESRI’s ArcGIS for robust mapping and geospatial data. ArcGIS is the City’s Enterprise GIS system. Permit System Integrated with ArcGIS? AMANDA (CSDC) YES [1] EnerGov (Tyler Tech) YES CityView (Harris) YES TRAKiT (Superion) YES Tidemark (Accella) YES Sources: https://www.tylertech.com/solutions-products/energov-product- suite/energov-gis/smart-communities http://www.municipalsoftware.com/en/products/cv_extensions/cityview_gis/ https://www.superion.com/public-administration/community-development/ https://www.accela.com/images/resources/brochures/accela-permitting- overview.pdf [1] Although, no definitive source for AMANDA was located, several articles on other sites have indicated the system does integrate with ArcGIS. 8.E.e Packet Pg. 226 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 6 Integration with BlueBeam A requirement for the new system is that it be able to integrate with BlueBeam, the City’s new electronic plan review system. Permit System Integrated with BlueBeam? AMANDA (CSDC) YES EnerGov (Tyler Tech) NO CityView (Harris) YES TRAKiT (Superion) YES Tidemark (Accella) ? Sources: http://www.municipalsoftware.com/en/products/bluebeam/ Called/Emailed Vendors directly 8.E.e Packet Pg. 227 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 7 Integration with iNovah A requirement for the new system is that it be able to integrate with iNovah, the City’s new cashiering/point-of-sale (POS) solution. Permit System Integrated with iNovah? AMANDA (CSDC) YES EnerGov (Tyler Tech) ? CityView (Harris) NO TRAKiT (Superion) NO[2] Tidemark (Accella) NO Sources: Called/Emailed Vendors directly Called/Emailed iNovah directly [2] There is no currently available API for TRAKiT that will do a “real-time” integration with iNovah, but there is supposed to be API released in Q4-2018 (this is a risk). 8.E.e Packet Pg. 228 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 8 Integration with Selectron A requirement for the new system is that it be able to integrate with Selectron, the City’s IVR system. Permit System Integrated with Selectron? AMANDA (CSDC) YES EnerGov (Tyler Tech) YES CityView (Harris) YES TRAKiT (Superion) YES Tidemark (Accella) YES Sources: https://www.superion.com/about/business-partners/ Called/Emailed Selectron directly 8.E.e Packet Pg. 229 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 9 Other Technical Requirements This assessment focused on a set of core Technical Requirements that has to do with the IT Environment, including: Integration with Active Directory (AD) for logins Windows 2016 Server and SQL Server 2016 supported Web/Browser-Based Clients (vs Installed Clients) Availability of APIs (integrations) Permit System AD Supported? Windows & SQL Server 2016? Web-Based Client? APIs? AMANDA (CSDC) YES YES YES YES EnerGov (Tyler Tech) ? ? NO ? CityView (Harris) ? ? YES YES TRAKiT (Superion) YES YES YES NO (available in Q4-2018) Tidemark (Accella) ? ? ? NO Sources: https://blog.csdcsystems.com/31-new-benefits-in-amanda-7-that- administrators-will-love-15d84d60068c 8.E.e Packet Pg. 230 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 10 Vendor Responsiveness This assessment focused on how easy it was to gather information from the vendors and their responsiveness to questions (emails/phone calls). The authors feel that this can be an early indicator of ongoing support issues and a factor for long-term relationship/satisfaction with the vendor. Permit System Comments on Responsiveness AMANDA (CSDC) Found everything easily on website (very open and informative) – did not have to call anyone EnerGov (Tyler Tech) Responsive, but unable to provide some key information CityView (Harris) Responsive, but information is hard to decipher (too many modules/hidden costs) TRAKiT (Superion) Decently responsive and informative (took a few days to find someone who could answer questions) Tidemark (Accella) Unresponsive, lack of information NOTE: The above assessment was based on the authors attempting to gather information from the vendor. 8.E.e Packet Pg. 231 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 11 Training and Certifications This assessment focused on available training and certifications, which helps demonstrate that the vendor understands the value in providing ongoing training and the ability to prove one’s skills on properly using their system. Permit System Comments on Training & Certifications AMANDA (CSDC) Admin Training, User Training, and 3 Certifications are available that cover varying levels of knowledge assessment EnerGov (Tyler Tech) Virtual Labs and Certifications CityView (Harris) Unsure - maybe just Conferences? TRAKiT (Superion) Provides on-premises training for system implementation. Annual Maintenance cost covers training on all new updates (2-3 times per year) Also has a full online training portal for more than just their product (see merger note on next page) Tidemark (Accella) ? Sources: https://www.csdcsystems.com/resources/training-certification/ https://www.tylertech.com/the-tyler-experience/events/client- training/energov-training https://train.superion.com/stc/customer/psciis.dll?mainmenu=customer 8.E.e Packet Pg. 232 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 12 Additional Notes and Considerations This section contains some interesting notes and considerations that are not directly related to the Land Management System but may be deemed important in the final assessment. Superion, the makers of TRAKiT, is merging with TriTech, which is a vendor in the Public Safety arena. In fact, the City of Kent uses TriTech’s Tiburon product today. Sources: https://www.superion.com/superion-tritech-aptean-public-sector-and- healthcare-to-join-forces/ https://www.superion.com/public-safety/ 8.E.e Packet Pg. 233 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a 7/31/2018 13 Final Position and Recommendation It is the position of the authors (technical assessors) to recommend that ECD limit their final vendor selection for a new Permit System (Kiva Replacement) to one of these: TRAKiT (Superion) -OR- AMANDA (CSDC) Both of the above options will sufficiently meet the technological requirements of the City for this system replacement (based on the data presented in the prior sections of this paper). However, the lack of any currently available API for TRAKiT is a concern and the authors would lean more towards an AMANDA implementation, even if more jurisdictions are using TRAKiT. In addition, in the prior attempt to replace Kiva, ECD had selected AMANDA as the final vendor. Of course, costs and business needs will ultimately decide the final system selection. 8.E.e Packet Pg. 234 At t a c h m e n t : E x h i b i t E - P e r m i t a n d L a n d M a n a g e m e n t S y s t e m R e p l a c e m e n t P o s i t i o n P a p e r ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a K IVA Co n v er t POS f r o m FIS El ec t r o n i c Pl an Rev i ew B l u eB eam Fi n an c e/PD POS i No v ah Cl as s Pay m en t Man ag er Rep l ac e Co K Po r t al & In t egr at e w i t h In t er n al Sy s t em In t eg r at e w i t h In t er n al Sy s t em Mu l t i -J u r i s d i c t i o n Per m i t s Po r t al My B u i l d i n g Per m i t .c o m Or ac l e IPM & Cap t o v at i o n En t er p r i s e Do c u m en t Man ag em en t Sy s t em L as er f i c h e St o r e Fi n al Pl an s CITY OF K ENT - MA J OR CRITICA L PATH B USINESS SYSTEMS - ROA DMA P (2019 - 2020)11/17/18 Ex t r ac t B u s i n es s L i c en s e fr o m K IVA an d i n t o a s ep ar at e s y s t em B u s i n es s & Oc c u p at i o n Tax (Co K Po r t al & In t er n al Sy s t em ) In-House DEV A Per m i t s Po r t al (Co K Po r t al ) A MANDA A B u s i n es s L i c en s es (Co K Po r t al & In t er n al Sy s t em ) In-House DEV A K IVA Rep l ac em en t : The system will need to integrate with the following: > Laserfiche (Document Mgmt) > BlueBeam (Plan Review) > iNovah (Cashiering) > ArcGIS (Mapping) > Selectron (IVR) B Per m i t Tr ac k i n g & In s p ec t i o n s Man ag em en t (SOR) A MA NDA B Mu l t i -J u r i s d i c t i o n B u s i n es s L i c en s e Po r t al Fi l eL o c al Required by 2020! Ut i l i t y B i l l i n g Po r t al (Co K Po r t al ) In-House DEV A In t er n al Sy s t em f o r UB i s DataNOW Co K Po r t al : Uses a single "City of Kent Login" to allow access to various services and also a single online payment point A 8.E.f Packet Pg. 235 At t a c h m e n t : E x h i b i t F - C r i t i c a l P a t h D i a g r a m - B u s i n e s s S y s t e m s ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d CITY OF K ENT - K IVA SYSTEM REPL A CEMENT 12/31/18 K i v a Per m i t s , Co d e En f o r c em en t & L an d Man ag em en t A MA NDA A MA NDA Po r t al (o n l i n e i n t ak e) Or b i Pay (o n l i n e p ay m en t s ) A MA NDA i No v ah (o n s i t e p ay m en t s ) Cas h i er i n g A r c GIS (Cen t r al i zed A d d r es s i n g , Pl o t s , Zo n i n g , et c .) Ci t y o f K en t L o g i n Po r t al (SSO)Au t h en t i c at e L as er f i c h e A r c h i v e In t o & Vi ew Sc an n ed Do c s Sel ec t r o n (IVR) B l u eB eam (el ec t r o n i c p l an r ev i ew ) 8.E.f Packet Pg. 236 At t a c h m e n t : E x h i b i t F - C r i t i c a l P a t h D i a g r a m - B u s i n e s s S y s t e m s ( 1 7 1 0 : A g r e e m e n t w i t h C S D C , I n c , f o r t h e A m a n d a P e r m i t t i n g a n d L a n d DATE: April 16, 2019 TO: Kent City Council SUBJECT: Green River Natural Resource Area - South Stormwater Pump Station Project - Condemnation Ordinance - Adopt MOTION: Adopt Ordinance No. , authorizing the condemnation of property rights necessary to construct the Green River Natural Resource Area - South Stormwater Pump Station project. SUMMARY: The Green River Natural Resource Area (GRNRA) South Stormwater Pump Station Project will increase the stormwater storage capacity of the GRNRA Regional Stormwater Facility. Stormwater runoff near property owned by the Church of Jesus Christ of Latter Day Saints (“LDS Church”), located west of 64th Avenue South and north of South 240th Street, and its surrounding area collects into large stormwater pipes and drainage channels which convey flows north to the GRNRA Regional Stormwater Facility. This project will include installation of a new stormwater pump station on the undeveloped part of the property. The pump station will divert peak stormwater flows to the west, thereby allowing the GRNRA to have more flood storage and to take on additional peak flows. Ultimately, this project will reduce major flood risk impacts to the roadways and properties in the Kent valley. To complete this project, the City of Kent must acquire certain property rights from the LDS Church. City staff has been working to get the property rights for this public use through negotiation. Timing on this project is critical due to flooding issues. For this reason, staff is requesting that Council authorize eminent domain proceedings for this public use to place the City in a position to initiate condemnation proceedings without delay should negotiation efforts deteriorate. The owners of the property have been given requisite notice in the manner provided for in RCW 8.12.005 and RCW 8.25.290. Specifically, Council’s anticipated consideration of the ordinance was mailed to the affected property on March 12, 2019. Notice was also published in the Kent Reporter and the Seattle Times in their March 15 and March 22, 2019 editions. City staff has also provided additional notice outside of the statutory requirements. 8.F Packet Pg. 237 BUDGET IMPACT: Property acquisition will be paid for with GRNRA South Stormwater Pump Station Project funds, which are from the Storm Drainage Utility Fund. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Condemnation Ordinance-GRNRA (PDF) 04/01/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/16/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.F Packet Pg. 238 1 Condemnation Ordinance - GRNRA South Stormwater Pump Station ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition of real property and/or property rights located west of 64th Avenue South and North of South 240th Street. This action is being taken in order to construct the Green River Natural Resource Area (GRNRA) South Stormwater Pump Station. This ordinance provides for the condemnation, appropriation, taking, and damaging of real property and/or property rights as are necessary for this purpose and provides for the payment thereof out of the GRNRA South Stormwater Pump Station Project Fund (Fund No. D20047). This ordinance also directs the City Attorney or designee to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements, and acknowledges that all of the real property affected is located within King County, Washington. RECITALS A. The GRNRA South Stormwater Pump Station Project (the “Project”) will increase the stormwater storage capacity of the GRNRA Regional Stormwater Facility. Stormwater runoff near property owned by the Church of Jesus Christ of Latter Day Saints (“LDS Church”), which is located west of 64th Avenue South and north of South 240th Street in the City of Kent (the “Property”), and its surrounding areas collects into large 8.F.a Packet Pg. 239 At t a c h m e n t : C o n d e m n a t i o n O r d i n a n c e - G R N R A ( 1 7 0 9 : G r e e n R i v e r N a t u r a l R e s o u r c e A r e a - S o u t h S t o r m w a t e r P u m p S t a t i o n P r o j e c t - 2 Condemnation Ordinance - GRNRA South Stormwater Pump Station stormwater pipes and drainage channels which convey flows north to the GRNRA Regional Stormwater Facility. B. The Project will include installation of a new stormwater pump station on the undeveloped portion of the Property. The stormwater pump station will divert peak stormwater flows to the west, thereby allowing the GRNRA to have more flood storage and take on additional peak flows. C. The Project is designed to reduce major flood risk impacts to the roadways and properties in the Kent Valley. D. To complete the Project, the City must acquire certain property and/or property rights from the LDS Church. Efforts by City staff are currently ongoing to acquire the necessary property and/or property rights for this public use through negotiation and settlement agreements. E. In the past, staff has not typically sought formal Council action authorizing eminent domain proceedings until negotiation efforts fail or stall. However, timing on the Project is critical due to flooding issues. For this reason, staff has requested that Council authorize eminent domain proceedings for this public use now to place the City in a position to initiate condemnation proceedings without delay should negotiation efforts deteriorate. It is essential the City be prepared to initiate condemnation proceedings so that the Project may be timely constructed. F. Prior to Council’s action on this ordinance, the City provided the requisite notice to property owners in the manner provided for in RCW 8.12.005 and RCW 8.25.290. G. The public use and necessity require that the Property and property rights identified herein be condemned, appropriated and taken for public use by the City for such purposes as it may now or hereafter declare in the public interest. 8.F.a Packet Pg. 240 At t a c h m e n t : C o n d e m n a t i o n O r d i n a n c e - G R N R A ( 1 7 0 9 : G r e e n R i v e r N a t u r a l R e s o u r c e A r e a - S o u t h S t o r m w a t e r P u m p S t a t i o n P r o j e c t - 3 Condemnation Ordinance - GRNRA South Stormwater Pump Station NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Public Use and Necessity Declared. After receiving the report of City staff, and after reviewing the planned improvements for the GRNRA South Stormwater Pump Station Project (“Project”), the City Council finds and declares that the public convenience, use, health, safety, and necessity demand that the City of Kent condemn, appropriate, take, and damage a portion of certain real property located in King County, Washington, in order to acquire the necessary real property and/or property rights for the construction of the Project, including all necessary appurtenances. The property affected by this ordinance is legally described in the attached and incorporated Exhibit A (the “Property”). The acquisition area proposed for the Project is broadly depicted in the attached and incorporated Exhibit B (“Acquisition Area”). However, the scope and boundary of the Acquisition Area may change concerning the Property if engineering requires modification of the plans, and such changes are hereby authorized. The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, improvement, alteration, maintenance, reconstruction, and restoration of the Project, and any other municipal purpose that may be necessary from time to time on the Property. SECTION 2. – Condemnation Authorized. The City Council authorizes the acquisition by condemnation of all or a portion of the Property for the construction, improvement, alteration, maintenance, and reconstruction of the Project, together with all necessary appurtenances and related work to make a complete improvement according to City standards. 8.F.a Packet Pg. 241 At t a c h m e n t : C o n d e m n a t i o n O r d i n a n c e - G R N R A ( 1 7 0 9 : G r e e n R i v e r N a t u r a l R e s o u r c e A r e a - S o u t h S t o r m w a t e r P u m p S t a t i o n P r o j e c t - 4 Condemnation Ordinance - GRNRA South Stormwater Pump Station SECTION 3. – Condemnation Procedures and Proceedings. The City shall condemn the Property only upon completion of all steps and procedures required by applicable federal or state law or regulations, and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. – Project Fund. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City’s “GRNRA South Stormwater Pump Station Project” fund (Fund No. D20047) or from any of the City’s general funds, if necessary, as may be provided by law. SECTION 5. – City Attorney Authorized. In the event reasonable negotiation efforts are not successful with affected property owners, or if the timing of the Project otherwise requires, the City Attorney or his or her designee is authorized and directed to commence those proceedings provided by law that are necessary to condemn the Property. In commencing these condemnation proceedings, the City Council authorizes the City Attorney to enter into settlements, stipulations, or agreements in order to minimize damages. These settlements, stipulations, or agreements may include, but are not limited to, the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6. – Ratification. Any acts consistent with the authority of this ordinance and prior to its effective date are ratified and affirmed. SECTION 7. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such 8.F.a Packet Pg. 242 At t a c h m e n t : C o n d e m n a t i o n O r d i n a n c e - G R N R A ( 1 7 0 9 : G r e e n R i v e r N a t u r a l R e s o u r c e A r e a - S o u t h S t o r m w a t e r P u m p S t a t i o n P r o j e c t - 5 Condemnation Ordinance - GRNRA South Stormwater Pump Station decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 8. – Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ______ ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.F.a Packet Pg. 243 At t a c h m e n t : C o n d e m n a t i o n O r d i n a n c e - G R N R A ( 1 7 0 9 : G r e e n R i v e r N a t u r a l R e s o u r c e A r e a - S o u t h S t o r m w a t e r P u m p S t a t i o n P r o j e c t - EXHIBIT - TAX LOT 5436200140 PARTIAL ACQUISITION THAT PORTION OF LOT 8, MEEKERS SUPPLEMENTAL PLAT OF THE FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 5 OF PLATS, PAGE 96, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING NORTHERLY OF WEST JAMES STREET AND WESTERLY OF 64TH AVE SOUTH AS CONVEYED TO THE CITY OF KENT UNDER KING COUNTY RECORDING NUMBER 9OO1 121 339. CONTAINING 94,047 SQUARE FEET, MORE OR LESS LNO I / t1 /zc'tI 8.F.a Packet Pg. 244 At t a c h m e n t : C o n d e m n a t i o n O r d i n a n c e - G R N R A ( 1 7 0 9 : G r e e n R i v e r N a t u r a l R e s o u r c e A r e a - S o u t h S t o r m w a t e r P u m p S t a t i o n P r o j e c t - r \ \PARCEL # 5436200140 LOT B MEEKERS SUPPL PLAT \ \ \ \ \ \ I I I IU'I IIJ I ttFl!+l(c'I I t o)(') c) N ooo) o UJ IIJo I N I DEED 9001121339 W. JAMES ST IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON.Project #17-301 1 PARCEL # 5436200140 LOT B MEEKERS SUPPL PLAT 94,047 SQ. FT LOCATED IN THE SE 1/4 OF SEC 14, TOWNSHIP 22 N, MNGE 4 E, W.M.G CITY OF KENT LAND SURVEY SECTION 64TH AVE PUMP STATION PARTIAL ACQUISITION DRAWN BY: TLM EXHIBITSCALE:1"=100' DATE: 1111712017 Exhibit B 8.F.a Packet Pg. 245 At t a c h m e n t : C o n d e m n a t i o n O r d i n a n c e - G R N R A ( 1 7 0 9 : G r e e n R i v e r N a t u r a l R e s o u r c e A r e a - S o u t h S t o r m w a t e r P u m p S t a t i o n P r o j e c t - DATE: April 16, 2019 TO: Kent City Council SUBJECT: Transportation Improvement Board Complete Streets Grant - Authorize MOTION: Authorize the Mayor to accept grant funds from the Washington State Transportation Improvement Board Complete Streets program in the amount of $250,000 to construct Meet Me on Meeker improvements near the Riverbend Golf Complex, authorize the expenditure of the grant funds accordingly and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Public Works staff collaborated with Economic and Community Development staff to submit a Washington State Transportation Improvement Board (TIB) Complete Streets grant application for sidewalk improvements near the Riverbend Golf Complex. The proposed improvements would be consistent with the Meet Me on Meeker Design Standards, and would further the goal of developing more robust non-motorized facilities along Meeker Street. We are pleased to have been approved for $250,000 to construct sidewalk from the Marquee on Meeker residential development eastward to the existing signalized crosswalk at the Riverbend Golf Complex. Also included are raised median islands to provide added pedestrian refuge at the crossing. These improvements will be designed and constructed at the same time as sidewalk upgrades to the east, and will be coordinated with Riverbend Driving Range improvements that are managed by the Parks Department. BUDGET IMPACT: The $250,000 will be used to construct planned, but previously unfunded improvements. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services ATTACHMENTS: 1. 8 Grant Award TIB Complete Streets (PDF) 04/01/19 Public Works Committee RECOMMENDED TO COUNCIL 8.G Packet Pg. 246 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/16/2019 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.G Packet Pg. 247 Washington Sfafe Transportation lmprovement Board RËCËIVËD t'TAft g'/ 20n$ Lnatr Mayor Glenn Johnson C¡ty of Pullman Vice Chair Commiss¡oner R¡chard Stevens Grant County Amy Asher Riverclt¡es Trans¡t Alyssa Ball Office of Financial Management Aaron Butters, P.E. HW Lochner lnc. TIB Members March 22,2019 Mr. Tim LaPorte Public Works Director City of Kent 220 4th Avenue South Kent, WA 98032-5838 Dear Mr Pofte: Congratulations! The Transportation lmprovement Board (TlB) has selected your city for a Complete Streets Award. This recognition award includes a grant not to exceed the amount of $250,000. How is grant funding received? What is the next step?. Before funds can be transferred, both of the enclosed Grant Agreements must be signed and returned. One executed agreement will be returned for your files.. The total grant may be transferred to your city as soon as April 15th, 2019.. FunQs must be tracked in a separate account or with an identifiable accounting code.o Check with your finance officer to ensure your city is ready to receive funds. How can funds be used? What is the grant requirement?. The grant requires all items on the enclosed and approved TIB Complete Streets work plan to be completed. (Additional funding from other sources to finish all approved items may be required.)o Revisions to the work plan may be considered for special circumstances, or for requesting additional work plan items for approval. Contact your TIB project engineer to request a work plan revision. Mayor Ron Lucas Town of Ste¡lacoom How do I show the funds were used? Once the approved work plan items are completed, you must send in backup documentation showing expenditure amounts, dates, and activities related to the funds, and photos or other documentation showing the completed work. When must funds be used? Funds must be used by March 31,2022. Any unused funds must be returned to TlB. Future eligibility. AI items listed on your approved work plan must be completed before your city will become eligible for future Complete Streets awards. lf you have questions, please contact Greg Armstrong, TIB Project Engineer, at (360) bS6- 1142 or e-mail GregA@tib.wa.gov. Questions regarding fund transferè should be directed to Vaughn Nelson at (360) 586-1149 or emaitVaughnN@tib.wa.gov. Sincerely, Mick Matheson, P.E. City of Muk¡lteo Dav¡d Ramsay Feet F¡rst Steve Roark, P.E. WSDOT Barbara Chamberlain WSDOT El¡zabeth Chamberlain City of Walla Walla Mike Dahlem P.E. City of Sumner John Klekotka, P.E. Port of Everett Commissioner Robert Koch Frank¡in County John Koster County Road Administrat¡on Board 5ue Dre¡er Pierce Transìt Colleen Kuhn Human Servìces Council Mark Kulaas Douglas County Councilmember Mike Todd Cìty of Mill Creek Jennifer Walker Thurston County Ashley Probart Execut¡ve Director P.O. Box 40901 Olympia, WA 98504-0901 Phone: 360-586-1140 Fax: 360-586-1165 www.tib.wa.gov A Ì-!,rfA*{ Ashley Probal Executive Director Enclosures lnvesting in your local community 8.G.a Packet Pg. 248 At t a c h m e n t : 8 G r a n t A w a r d T I B C o m p l e t e S t r e e t s ( 1 7 1 2 : T r a n s p o r t a t i o n I m p r o v e m e n t B o a r d C o m p l e t e S t r e e t s G r a n t - R e c o m m e n d ) Was h i n gto n State T ra n s p o rtati o n I m p rove m e n t Bo a rd Complete Streets Award Grant Agreement c-P-106(002)-1 City of Kent c-P-106(002)-1 Complete Streets Award STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND CITY OF KENT GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is made and entered into between the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD ('TlB') and the CtTy OF KENT, a Washington state municipal corporation (,REClplENT"). WHEREAS, the TIB has developed a grant program, Complete Streets, to provide for the retrofit of streets and roads ("Project") for eligible cities, towns, and counties to provide access to all users, including bicyclists, pedestrians, motorists, and public transportation riders, and WHEREAS, the above-identified RECIPIENT is eligible to receive a Project grant pursuant to ordinance 4207 and that it has the legal authority to receive such grant ånO to periorm the Project pursuant to the terms of this grant NOW, THEREFORE, pursuant to chapter 47.26 RCW, RCW 47.04,220, and WAC 479-10-500et seq, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits, if any, which are made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GRANT TIB agrees to grant funds in the amount of TWo HUNDRED FIFTY THousAND AND NO/100 dollars ($250,000) for the Project pursuant to the terms contained herein, and the RECIpIENT agrees to accept such grant funds and agrees to perform and be subject to the terms and conditions of this Agreement. 2 PROJECT AND B GET The Project shall provide for the retrofit of identified streets or roads on the REC|plENT,s approved work plan. ln accordance with applicable laws and ordinances, the RECIpIENT agrees to enter into an agreement with an independent contractor and/or material providers, or otherwise provide for the Project work plan to be completed by the RECIPIENT's own forces. The RECIPIENT further agrees that it shall be solely responsi-ble for and shall pay its independent iontractor and/or material providers. lf RECIPIENT uses its own forces, it shall be solely responsible for paying the costs thereof. Under no circumstances shallthe TIB be responsible to any third party for the payment of labor or materials used in completing the Project work plan. The Project work plan may be amended by the Parties, pursuant to Section 7. 3. PROJECT WORK PLAN AND DOCUMENTATION Complete Streets Grant Agreement Page 'l of 5 December 2016 8.G.a Packet Pg. 249 At t a c h m e n t : 8 G r a n t A w a r d T I B C o m p l e t e S t r e e t s ( 1 7 1 2 : T r a n s p o r t a t i o n I m p r o v e m e n t B o a r d C o m p l e t e S t r e e t s G r a n t - R e c o m m e n d ) Wa s h i n gto n State T ra n s p o rtati o n I m p rove m e nt Bo a rd Complete Streets Award Grant Agreement c-P-106(002)-1 The RECIPIENT agrees to and shall make reasonable progress and submit timely Project documentation, as applicable, throughout the term of this Agreement and Project. Required documents include, but are not limited to the following a) Project work plan describing eligible items with estimated costs; b) Documentation to support all costs expended on the Project work plan; and b) Project work plan Closeout Form. 4. PAYMENT AND RETURN OF GRANT FUNDS TIB will pay the full grant award to the RECIPIENT after TIB approves the Project work plan and the Parties fully execute this Agreement; provided that there are legislatively appropriated funds available. The RECIPIENT agrees that it shall hold the grant funds in a separate and identifiable account and only use said funds to pay the actual direct and related indirect costs of the approved Project work plan. Grant funds not expended on approved Project work plan items within three years of the date of TIB's Grant approval shall be returned to TIB within ninety (90) days after receipt of TIB's written notification. ETE STREETS GRANT FUN RECIPIENT agrees that the grant funds shall only be used to complete the approved Project work plan. Otherwise, RECIPIENT is subject to the Default and Termination provisions of Section 9. 6. RECORDS MAINTENANCE 6.1 The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the Project work plan, including but not limited to accounting procedures and practices which sufficiently and properly reflect all actual direct and related indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such reccrds for a period of six years after the completion of the Project work plan and TIB's acceptance of the Project work plan Closeout Form. At no cost to TlB, these records shall be provided when requested; including materials generated under the Agreement, and shall be subject at all reasonable times to inspection, review or audit by TIB personnel, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. 6.2 lf 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. 7. REVISIONS TO THE PROJECT WORK PLAN RECIPIENT may request revisions to the Project work plan, including the addition or removal of items. Requests must be made in writing, and TlB, in its sole discretion, will determine whether to accept the proposed revisions. Should the TIB approve a Project work plan revision, the Parties shall amend this Agreement pursuant to Section 14. The RECIPIENT shall be solely responsible for all costs incurred in excess of the Agreement grant award. Complete Streets Grant Agreement Page 2 of 5 December 201 6 8.G.a Packet Pg. 250 At t a c h m e n t : 8 G r a n t A w a r d T I B C o m p l e t e S t r e e t s ( 1 7 1 2 : T r a n s p o r t a t i o n I m p r o v e m e n t B o a r d C o m p l e t e S t r e e t s G r a n t - R e c o m m e n d ) Washington State Transportation I mprovement Board Complete Streets Award Grant Agreement 8. TERM OF AGREEMENT 9.2 D T This Agreement shall be etfective upon execution by the Parties and shall continue throughcloseout of the grant amount, or amendment thereof, or unless terminated as provided herein.ln no event shall the Agreement term exceed three years, unless extended by Agreement amendment pursuant to Section 14. 9. NON.COMPLIANCE. DEFAULT AND TERMINATION 9.1 NON-COMPLIANCEa) ln the event TIB determines, in its sole discretion, the RECIpIENT has failed tocomply with the terms and conditions of this Agreement and applicable rules under WAC 479-10-500 ef seg, TIB shall notify the RECIPIENT, in writing, of RECIpIENT's non- compliance b) RECIPIENT shall provide a written response within ten (10) business days of receipt of TIB's notice of non-compliance, which shall include eifner a detailed plän tocorrect the non-compliance, a request to amend the Project work plan, or a denial accompanied by supporting documentation. An agreement to amend the project workplan must be pursuant to Sectionl4. c) RECIPIENT shall have thirty (30) days in which to make reasonable progress toward compliance pursuant to its Project work plan to correct or implement an amendment to the Project work plan. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and, in its sole discretion, TIB may require the RECIPIENT to stop incurri-ng additionät ero¡eci work plan costs during the investigation. Should TIB require the RECIpIENT to stop incurring additional costs to be paid with the grant funds, the RECIPIENT shall be åolely obligated for paying any additional costs incurred by such suspension of work, contract-or claims, or litigation costs; such costs cannot be paid for with grant funds. c-P-106(002)-1 RECIPIENT is in default if rlB determines, in its sole discretion, that. a) RECIPIENT is not making reasonable progress toward correction and compliance with this Agreement and the project work plan;b) TIB denies the RECIPIENT's request to amend the projeciwork plan; andc) After investigation, TIB confirms RECTpTENT's non-compliance. ' 9.3 TERMINATION a) ln the event of default as determined pursuant to Section g, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which may be served in person, by email or by certified letter. Upon service oi notice of termination, the RECIPIENT shall immediately stop incurring costs chargeable against the grant funds and/or take such actions necessary as may be directedby TIB tð protect TiB,s grant funds. b) ln the event of termination, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of all grant funds] Complete Streets Grant Agreement Page 3 of 5 December 2016 8.G.a Packet Pg. 251 At t a c h m e n t : 8 G r a n t A w a r d T I B C o m p l e t e S t r e e t s ( 1 7 1 2 : T r a n s p o r t a t i o n I m p r o v e m e n t B o a r d C o m p l e t e S t r e e t s G r a n t - R e c o m m e n d ) Wa s h i n gto n State T ra n s p o ft ati o n I m p rove m e n t Bo ard Complete Streets Award Grant Agreement c-P-106(002)-1 c) The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 10. DISPUTE RESOLUTION a) The Parties shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this Agreement. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this Agreement. b) lnformal Resolution. The Parties shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) ln the event that the Parties are unable to resolve the dispute, the Parties shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The Parties shall share equally in the costs of the mediator. d) Each Party agrees to participate to the fullest extent possible and in good faith in resolving the dispute in order to avoid delays or additional incurred cost to the Project work plan. e) The Parties agree that they shall have no right to seek relief in a court of law in accordance with Section 11, until and unless the Dispute Resolution process has been exhausted. 1 1. GOVERNANCE. VENU AND ATTORNEYS FEES This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. The Parties agree that each Party shall be responsible for its own attorneys' fees and costs. 12. INDEMNIFICATION. H HARMLESS AND WAIVER 12.1 RECIPIENT, shall protect, defend, indemnify, and save harmless the TlB, its officers, officials, employees, and authorized agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, RECIPIENT'S negligent acts or omissions which may arise in connection with its performance under this Agreement. RECIPIENT shall not be required to indemnify, defend, or save harmless the TIB if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of TIB; provided that, where such claims, suits, or actions result from the concurrent negligence of the Parties, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of RECIPIENT's own negligence 12.2 RECIPIENT agrees that its obligations under this section extends to any claim, demand and/or cause of action brought by, or on behalf of, any of its officers, officials, employees or authorized agents. For this purpose, RECIPIENT, by mutual negotiation, hereby waives, with respect to TIB only, any immunity that would othenryise be available to it against such claims under the lndustrial lnsurance provisions of Title 51 RCW. Complete Streets Grant Agreement Page 4 of 5 December 201 6 8.G.a Packet Pg. 252 At t a c h m e n t : 8 G r a n t A w a r d T I B C o m p l e t e S t r e e t s ( 1 7 1 2 : T r a n s p o r t a t i o n I m p r o v e m e n t B o a r d C o m p l e t e S t r e e t s G r a n t - R e c o m m e n d ) Washington State Transpoñation lmprovement Board Complete Streets Award Grant Agreement c-P-106(002)-1 12'3 The obligations of this indemnification and waiver Section shall survive termination of this Agreement. 13 ASSI GNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TlB. The RECIPIENT is deemed to consent toassignment of this Agreement by TIB to a successor entity. Such consent shall not constitute awaiver of the RECIPIENT's other rights or obligations undêr this Agreement. 14 AME DMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shallnot be binding unless they are in writing and signed by persons authorized to bind each of theParties. 15. INDEPE NDENT CAPACITY Ïhe RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors,'and employees thereofshall not in any manner be deemed employees of TlB. 16. ENTIRE AGREEMENT T.!1s Agreement, together with the Exhibits, if any, the provisions of chapter 47.26 RCW, chapter 479 WAC, and TIB Policies, constitute the entire Agreement between the parties and supersedes all previous written or oral agreements between the Parties. RECIpIENT agrees toabide by all applicable federal, state and local laws, ordinances, and rules when perforrñing under the terms of this Agreement. RECIPIENT Transportation lmprovement Board ch ief Executive Officer Date Date Print Name Print Name Approved as to Form By, ANN E. SALAY Senior Assistant Attorney General NOTE: Any changes to the terms of this Agreement shall require fuither approval of the Office of the Attorney General Complete Streets Grant Agreement Page 5 of 5 December 2016 8.G.a Packet Pg. 253 At t a c h m e n t : 8 G r a n t A w a r d T I B C o m p l e t e S t r e e t s ( 1 7 1 2 : T r a n s p o r t a t i o n I m p r o v e m e n t B o a r d C o m p l e t e S t r e e t s G r a n t - R e c o m m e n d ) Transportation Improvement BoaröEeEruED Complete Streets Work FláAzo'rs ft#iíb RECEIVED FEB 2 I ?0t9 TIB Agency Agency Contact Phone Kent Hayley Bonsteel 253-856-544t Email hbonsteel@kent.wa. Once approved, all work shown must be completed before agency is eliglble for future nominations. Total Work Plan Complete Streets Fundins $250r000gov Com Award Estimated Completion Year 2020 2020 Complete Streets Funding $ 200,000 $ 50,000 Description a promenade, designed to Meet Me On Meeker standards, along the south side of Meeker Street between the Marquee on Meeker development and the vicinity of the mid-block crosswalk at the Riverview Golf Install Course. ïnstall raised islands in Meeker Street on each side of the existing mid-block crosswalk to improve safety, , Proposed Work ltem Raised islands Promenade Agency Certification Certification is hearby given that the proposed work plan represents projects that support and our commitment to the Complete Streets Agenry Offtcial Ftk mothy J. LaPorte, PE,blic Works Director Kent TIB Complete Streets Work plan.xls\S25O,000 Revised Jan 14,20tg TIB Approval Project Engineer Review Engineering Manager Date Z/z-? /"pi1 Date Date 41"k+- Executive D¡rector zlaç Ir1 8.G.a Packet Pg. 254 At t a c h m e n t : 8 G r a n t A w a r d T I B C o m p l e t e S t r e e t s ( 1 7 1 2 : T r a n s p o r t a t i o n I m p r o v e m e n t B o a r d C o m p l e t e DATE: April 16, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Magnan Consulting Services, Inc, for the Green River Natural Resource Area Storm Water Force Main - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Magnan Consulting Services, Inc. to provide inspection and testing services for the Green River Natural Resource Area Storm Water Force Main Project in an amount not to exceed $152,480. subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Green River Natural Resource Area Storm Water Force Main project consists of installing 2,500 Feet of 30-inch HDPE pipe, with PVC conduits, air release valves, junction boxes, re-paving the roadway, channelization, traffic loops, and other related works. On April 2, 2019, the Council awarded the project to Scarsella Brothers, Inc. Magnan Consulting Services, Inc. will provide construction management, construction inspection, materials inspection, materials laboratory testing, and quality control for the duration of the project. Construction Management staff will oversee the consultant’s work. BUDGET IMPACT: The project will be paid for using Storm Drainage Utility Funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure ATTACHMENTS: 1. 5 - Magnan Consulting Services Agreement (PDF) 04/01/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/16/2019 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.H Packet Pg. 255 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Magnan Consulting Services Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Magnan Consulting Services Inc. organized under the laws of the State of Washington, located and doing business at 12423 151st Ave. E., Puyallup, WA 98374, Phone: (253) 840- 4020, Contact: Heather Gilmore (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide construction management, and inspection and testing services for the Green River Natural Resource Area Storm Water Force Main Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Fifty Two Thousand, Four Hundred Eighty Dollars ($152,480.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 8.H.a Packet Pg. 256 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 8.H.a Packet Pg. 257 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 8.H.a Packet Pg. 258 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / 8.H.a Packet Pg. 259 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Heather Gilmore Magnan Consulting Services Inc. 12423 151st Ave. E. Puyallup, WA 98374 (253) 840-4020 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Magnan Consulting - GRNRA Storm Water Force Main/Kuehne 8.H.a Packet Pg. 260 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.H.a Packet Pg. 261 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 8.H.a Packet Pg. 262 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.H.a Packet Pg. 263 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC Proposal GRNRA Storm Force Main 17-3012.2 City of Kent “Bridging the gap between design and Construction” MCSI EXECUTIVE SUMMARY Magnan Consulting Services Inc (MCSI) has been providing professional Construction Management, Inspection, and Document Control services in the Puget Sound area for over 15 years. Some of the team’s key members and the CEO has over 40 years of Construction experience. We strive to ensure all members of the team focus on communication. MCSI is known for accurate step-by-step oversight of the entire project scope with all stakeholders’ considerations in mind. MCSI team members have provided Construction Management service throughout each phase of project development from conception, project planning and design, constructability review, bid result review, to contractual specification drafting, and confirmation that the scope of work is included in through the bidding process and in the contractor’s contact agreement. Construction sequencing and staging, valued engineering, risk management, cost estimating, claims management, contract administration, and project closeout are all well known assets of the MCSI team. And are currently providing Construction Management, Inspection, & document Control for Washington State Patrol Scale house that has multi agency L.A.G. compliance, in this case requirements for federal funding. Our outstanding Document Control office is very familiar with Municipalities document needs. EXHIBIT A 8.H.a Packet Pg. 264 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC MCSI Scope for GRNRA Provide complete project oversight from the pre-con to closeout. CM, Inspection, & Document Control per standard L.A.G. which includes : Field Measurement Reports, Inspector’s Daily, Field reports, Record Drawing update, Compilation of Monthly Progress Payments, Tracking, and the review and approval process for contractors’ billings. Bid Item Ledger, Weekly Statement of Working Days, coordinate Survey Requests, process Traffic Impact Alerts, enforcement Contract Plans/Specs, provide QA/QC, provide onsite testing and off site lab work, process Submittals, working with design Engineers they comply with their specifications with tracking logs updated weekly, RFI’s respond and, compile weekly. Keeping and maintaining the complete project construction file, participate in negotiating Changes, prepare contract Change Order documentation with explanation for the change and independent Engineer’s Estimates, track and process Force Account, anticipate problems and work to resolve them early, etc. Provide site weekly meetings with minutes distributed to team weekly. MCSI has extensive dewatering experience and has worked with most of the local Dewatering firms on other projects. MCSI Project Approach This project is a valley floor project with certain challenges for the contractor. A good dewatering system is imperative to successful project. MCSI has been on a few valley floor projects to the depth of 14 foot sewer main in the City of Sumner including storm and street restoration. Or the 125 house development at Village Green in the Orting valley floor, on each a lot of lessons were realized by the contractor how important the dewatering was when having a ditch three times wider than deep of 18 foot. While restoring the other utilities that were impacted. Attempting to dig in the box without sufficient dewatering still ended up with a 2 to 1 top width to depth condition. The goal is to reduce the excavation in turn reducing backfill and compaction and reduce the impact to existing roads and utilities at the same time. MCSI has extensive experience working in these conditions and around existing roads and in public. I believe we could be an asset for the City to work with the contractor as a team effort and solve the issues of digging in the valley floor. 8.H.a Packet Pg. 265 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC Another challenge is the efficient welding of the HDPE pipe while feeding it into the ditch through the shoring boxes effectively, the 4 mile Tumwater forced main contractor had come up with some methods that speeded up the process to install and backfill. MCSI has extensive experience with the HDPE pipe installations. Team with the contractor to bring the project in on time and in budget. MCSI approach is to Team with owners, Engineers, contractors, and the public through good communication. The weekly site meeting is the base where this communication is given. MCSI’s mission is to be responsive to specific project requirements adding strong leadership and sound management practices to our technical capabilities provides a mix that ensures project success. In our over 40 years of experience we have carefully nurtured an innovative and quality-oriented process for anticipating needs, exceeding expectations, and achieving client goals. Magnan Consulting Services Inc is standing by and ready to fulfill your project needs. MCSI’s cost management and funding distribution to contractors through our accounting department controls the check distribution to the contractors and is tied our lien release verification system to ensure a smooth project closeout with no title liens after the project closeout. MCSI’s Proposed Team Construction Manager/Resident Engineer/Chief Inspector ~Thomas R Magnan Tom has over 40 years of Construction Management experience including all phases of construction from ground up to vertical structures. He has also served as a Construction Manager, Project Manager, Owner’s Representative and CM/RE/Inspector on numerous City, County, State, and privately-owned projects. 8.H.a Packet Pg. 266 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC These projects include new and renovation construction of civil road restorations, Fish and Dam Facilities, Transfer Stations, Pump Stations, Storm Water Systems, Park n’ Rides, State Highway and City Roadways, Schools, Shopping Centers, Industrial Parks, Multi-story Civil, Commercial and Residential Buildings. Duties include critical problem analysis and resolution, contract compliance, project scheduling, permit and sub - contractor coordination, quality control and project communication through weekly meetings and communication plan including but not limited to Daily inspection report (IDRs) as well as ensuring all required documentation is received and accurate prior to installation. Education/Training/Certifications Southwestern College Construction Mgmt. WSDOT Heavy Highway Const. Supervisor Cert WADOT Certified Erosion Control CSES CAGC Southwestern College Construction Law NUCA Confined space card DOE Certified Turbidity testing on site 40+ years of In Field Experience WSDOT Refresher Course Certificates - 2017 Certified Erosion and Sediment Control Lead training CESCL 2018 On-Site Inspector and Project Manager ~ Corey Wight, Sr. Class 5 Civil Inspector Corey Wight has over 35 years’ experience working on highway construction projects. He was promoted to Chief Inspector for WSDOT in 1990. His familiarity with WSDOT Standard Specifications and Design allows him to anticipate, communicate, and offer resolutions to important project issues. Corey’s expertise in concrete and asphalt paving; embankments, excavations, underground utilities (drainage, waterlines, sanitary sewers, electrical, fiber optics), traffic control barriers, pavement markings, erosion control and landscape only enhance his ability to interact with Primes, Subcontractors and Public Entities, along with his knowledge of supervisory experience 8.H.a Packet Pg. 267 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC and organizational skills to make him an asset to any project. He is also extensively experienced in Building and Plan Reviews and is well versed in building laws and code. Education/Training/Certifications 1980 – 1983 Washington State University, BSCE Pullman, WA 1974 – 1978 U.S. Marine Corps. Marine One Security Detachment Quantico, VA 2017 - WSDOT Certificates for Construction, Inspection Documentation, Material Approval/Acceptance Erosion Control Lead – ECL Traffic Control Supervisor – TCS Project Document Control Specialist and Project Manager ~ Heather Gilmore Heather has over 20 years of experience as a Business Administrator and Project Manager joining Magnan Consulting in 2018. Her impressive attention to detail and organization skills is a perfect match to manage and record documentation in accordance with LAG, WSDOT, City, County, State, and Private entities’ requirements. Heather has extensive experience tracking and documenting Inspector Daily Reports, Weekly Site Photos, Request for Information (RFIs), Request for Changes (COs), Extra Work Orders (EWOs), and Unit Reports. In addition, she keeps account of weekly meeting minutes, logging of Concrete Inspection, Weld Testing, Coating Test, and Geotechnical Reports. Heather maintains both hard and softcopy records of all project documentation for each project ensuring easy reference for all stakeholders. She prides herself in being organized, efficient, and detail orientated and would be an asset to any project. Education/Training/Certifications Southern New Hampshire University 2016 WSDOT Construction Documentation training 2018 Six years as Project and Program Manager at Microsoft 8.H.a Packet Pg. 268 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC GRNRA STORM FORCE MAIN PROJECT OVERSIGHT COST BUDGET Project scheduled time frame is 70 working days adding 7 days for closeout and the following costing is based on these hours Using 10 hours a day x 70 working days = 700 hours CM / RE 5 hours a day x 70 days = 350 hours x $120.00 per hour = $42,000.00 On Site Inspector 10 hours a day x 70 days = 700 hours. x $100.00 per hour = $70,000.00 Project Document Control specialist 4 hours a day x 77 days x $60.00 per hour = 18,480.00 Billing is based on hours worked = $130,480.00 BUDGET TESTING Project testing frequencies will depend on how successful the contractor is in containing the ditch line and way they are backfilling, and closing each day. Being conservative figuring they will install 50 foot a day would merit a continuous afternoon compaction testing until the confidence that the back fill system is always meeting compaction we can spread out the amount of test taken. There will be a need to do compaction testing, soils testing for proctor, concrete testing, asphalt testing, backfill soils testing. Testing and Lab tests: Staff Geotechnical Engineer/Geologist 125.00/hr Project Geotechnical Engineer/Geologist 155.00/hr Principal Consultant Administrative Staff/Report Preprocessing 175.00/hr 50.00/visit 8.H.a Packet Pg. 269 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC CONCRETE LABORATORY TESTING Compression Strength Test, Each, (ASTM C 39) 18.00/ea Compression Strength Test, Cast/Delivered by Others, Each, (ASTM C 39) 55.00/ea Compression Strength Test for Core Specimen, Each, (ASTM C 42, C 513) 50.00/ea Flexural Strength Test, Each, (ASTM C 78, C 293) 80.00/ea Density Test, Normal & Light Weight Concrete, Each Specimen (ASTM C 642) 40.00/ea Splitting Tensile Test, Each, (ASTM C 496) 75.00/ea Concrete Cylinder Molds, Each 5.00/ea Concrete Coring 90.00/hr Penetration Resistance of Hardened Concrete (ASTM C 803) 90.00/hr Penetration Resistance of Hardened Concrete charges per set of 3 35.00/set Concrete Mix design Quoted Per Project Concrete Batchplant Certification Quoted Per Project SOILS LABORATORY TESTING Sieve Analysis (ASTM C 136, C 117, D 1140) 100.00/ea Hydrometer Analysis (ASTM D 422) 235.00/ea Moisture/Density Relationship (ASTM D 698, D 1557) 200.00/ea Sand Cone Density Test, Each, (ASTM D 1556) 40.00/ea Natural Moisture Content (ASTM D 2216). 40.00/ea Organic Content Test (ASTM D 2974) 160.00/ea Permeability (ASTM D 5084) 500.00/ea Permeability Test, Constant Head (ASTM D 2434) 290.00/ea Specific Gravity (ASTM D 854) 105.00/ea Atterberg Limits (ASTM D 4318) 220.00/ea Visual Soil Classification (ASTM C 2488) 40.00/ea California Bearing Ratio (ASTM D 1883) 550.00/ea 8.H.a Packet Pg. 270 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC Depending on the amount of tests and what the engineer requires will depend on the cost for doing the project testing. I would budget $15,000.00 to $22,000.00 SUMMARY Construction Management, Full time Inspection, Document Control Budget $130,480.00 Testing budget unknown $22,000.00 Total budget $152,480.00 Experience is everything and our team has it! Selecting Magnan Consulting Services, Inc. (MCSI) will guarantee professional, experienced, and reliable services in the field and in the office throughout the project duration. AGGREGATE LABORATORY TESTING Clay Lumps and Friable Particles (ASTM C 142) 125.00/ea Organic Impurities (ASTM C 40) 145.00/ea Fracture Face Count (WSDOT 103, ASTM D 5821) 158.00/ea Sand Equivalent (ASTM D 2419) 100.00/ea Soundness-Sodium Sulfate (ATSM C 88) 500.00/ea Soundness-Magnesium Sulfate 600.00/ea Abrasion (ASTM C 131, C 535) 185.00/ea Unconfined Compressive Test, Intact Rock Cores, Each, (ASTM D 2938) 130.00/ea Coarse Aggregate Specific Gravity (ASTM C 127) 85.00/ea Fine Aggregate Specific Gravity (ASTM C 128) 85.00/ea Aggregate Unit Weight (ASTM C 29) 100.00/ea Resistivity (ASTM D 2844) 230.00/ea Ethylene Glycol Expansive Breakdown CRD (C-145) 550.00/ea Degradation (WSDOT T-113) 245.00/ea 8.H.a Packet Pg. 271 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC 8.H.a Packet Pg. 272 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) GRNRA STORM FORCE MAIN 17-3012.2 MAGNAN CONSULTING SERVICES INC 8.H.a Packet Pg. 273 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering 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 shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 8.H.a Packet Pg. 274 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect 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 contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. 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 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 Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 8.H.a Packet Pg. 275 At t a c h m e n t : 5 - M a g n a n C o n s u l t i n g S e r v i c e s A g r e e m e n t ( 1 7 0 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a g n a n C o n s u l t i n g S e r v i c e s ) DATE: April 16, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Murraysmith, Inc, for the 2019 Sanitary Sewer Cast in Place Pipe Lining Project - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Murraysmith, Inc. to provide inspection and testing services for the 2019 Sanitary Sewer Cast in Place Pipe Lining Project in an amount not to exceed $166,359 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The 2019 Sanitary Sewer CIPP Lining Project includes 12,400 linear feet of cured-in-place pipe lining through existing 8-Inch diameter sanitary sewers. Council awarded the project to Insituform Technologies, LLC on March 12, 2019 in the amount of $1,078,110. MurraySmith, Inc. will provide construction management, specialty materials inspection, materials laboratory testing, and quality control for the duration of the project. Construction Engineering staff will oversee the consultant’s work. BUDGET IMPACT: The project will be paid for using Sanitary Sewer Funds. SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. 6 - MurraySmith Agreement (PDF) 04/01/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/16/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.I Packet Pg. 276 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and MurraySmith, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and MurraySmith, Inc. organized under the laws of the State of Oregon, located and doing business at 6520 Pike St., Suite 1350, Seattle, WA 98101, Phone: (206) 462-7030, Contact: Jeff Kreshel (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide Construction Support Services for the 2019 Sanitary Sewer CIPP Lining Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Sixty Six Thousand, Three Hundred Fifty Nine Dollars ($166,359.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 8.I.a Packet Pg. 277 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 8.I.a Packet Pg. 278 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 8.I.a Packet Pg. 279 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / 8.I.a Packet Pg. 280 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Jeff Kreshel MurraySmith, Inc. 6520 Pike St., Suite 1350 Seattle, WA 98101 (206) 462-7030 (telephone) (206) 730-4968 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk MurraySmith - CIPP Lining/Kuehne 8.I.a Packet Pg. 281 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.I.a Packet Pg. 282 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 8.I.a Packet Pg. 283 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 8.I.a Packet Pg. 284 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g EXHIBIT A SCOPE OF WORK City of Kent 2019 Sanitary Sewer CIPP Lining Project Number: 18-3012 Construction Support Services STATEMENT OF UNDERSTANDING Murraysmith is being retained by the City of Kent (City) to provide construction management, construction observation, and materials testing services for their 2019 Sanitary Sewer CIPP Lining project (Project No. 18-3012). The trenchless sewer rehabilitation project is located along multiple residential streets within the City and includes the installation of approximalely 12,400linear feet cured-in-place pipe (CIPP) lining of existing 8-inch diameter sanitary sewers and reinstatement of lateral connections. Murraysmith has developed the following scope of services and accompanying fee estimate based on our understanding of the project and discussions with City staff. This scope includes construction support services to assist the City during construction of the project. The City will be responsible for all necessary permitting, bidding and construction management (not otherwise provided for herein). SCOPE OF WORK Task 100 - Project Management The Consultant will organize, manage, and coordinate the services required to provide the identified construction support services. The Consultant will be expected to coordinate its work with efforts performed by City staff. The Consultant will provide project management and contract administration services. The following subtasks are anticipated: 1. Correspondence and coordination with City project manager and staff associated with these services. 2. Monthly reports, invoices and schedule updates - Prepare invoicing and monthly reports to include work completed, costs incurred, budget status, amendments, project schedule, and all issues that may result in an increase in Total Price. 3. Regular project meetings - Prepare agendas and draft and final meeting notes for regular project team management meetings with the City staff. 4. Public Outreach - Assist the City with regular project web page updates. Update web page content, approximately once per month during construction, for City to post on their web site Assist with providing graphics and information to support developing a project fact sheet or mailing for public distribution. 5. Coordination with teaming partne(s) (materials testing laboratory) in the implementation of construction support services. Assumptions: a Consultant and City will participate in up to three (3) additional regular project meetings Page A-1City of Kent 2019 Sanitary Sewer CIPP Lining Murraysmith, lnc. March 2019 8.I.a Packet Pg. 285 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g a Overall duration of construction contract (with seventy (70) Working Days contract time) is anticipated to be an approximately seventeen (17) calendar week period. Deliverables a a Meeting agenda and minutes, draft and final Monthly progress reports and invoices Project updates and information to support City staff, public meetings, web page updates and project fact sheet. a Task 200 - Construction Support Services Consultant to provide services necessary to assist the City during the construction for the 2019 Sanitary Sewer CIPP project. The following subtasks are anticipated: 1. General Administration of the Construction Contract ' Consult with City and act as City's representative, "Engineer", as provided in the General Conditions of the Construction Documents for the Project (Contract Documents). The extent and limitations of the duties, responsibilities, and authority of "Engineer" as assigned in the General Conditions shall not be modified, except as Consultant may otherwise agree in writing. All of City's instructions to the construction contractor awarded the contract to construct the Project (Contractor) will be issued through Consultant, which shall have authority to act on behalf of City in dealings with Contractor to the extent provided in this scope of services and the General Conditions of the Construction Contract except as otherwise provided in writing. 2. Program Set-Up/Management - Work under this subtask includes the set-up of systems and processes to communicate, share files, review documents and coordinate overall construction management services between the City, Consultant, and Contractor throughout the duration of the Contract for construction. Project documentation and information will follow that prescribed by the WSDOT LAG Manual. A project file will be compiled into an electronic MS Office/Adobe compatible format deliverable to the City. 3. Preconstruction Conference - Consultant to prepare an agenda and invitation list for a preconstruction conference and coordinate with the City, permitting agencies, and other stakeholders regarding the conference details. The Consultant will lead the preconstruction conference, prepare a written conference summary and distribute the summary to all conference attendees. 4. Application for Paymenfs - Consultant will review the contractor's monthly requests for progress payments and recommend the appropriate amount to the City for payment to the contractor. Payment recommendations will be based upon the percentage complete of unit price items and/or the approved breakdown of the contractor's lump sum items, as appropriate. 5. Schedules - Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Consultant, including the Overall Progress Schedule, Schedule of Submittals, and Schedule of Values. Consultant shall provide up to two (2) schedule reviews under this task. Review of weekly schedules is included in the Construction Meetings duties in paragraph 6. 6. Construction Meetings/Sife Visifs - The Consultant will conduct construction meetings at a location to be determined on a regular basis, approximately once per month. The purpose of these meetings is to identify any potentialfield problems and other issues regarding the project as well as to review the project progress versus the project schedule. A brief site visit will be made City of Kent 2019 Sanitary Sewer CIPP Lining Murraysmith, lnc. March 2019 Page A-2 8.I.a Packet Pg. 286 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g concurrent with the construction meet¡ng. For the purpose of developing this scope of work, approximately four (4) meetings are anticipated. Attendance at construction meetings/site visits will be combined with other tasks to maximize the efficiency of Consultant's work program. 7. Additional Síte Visífs - Conduct periodic, additional visits to the site as warranted by the progression of work or as requested by the City. For the purpose of developing this scope of work, one (1) additional site visits are anticipated per every other month, on average, through the duration of construction, approximately two (2) visits total. As noted in the previous subtask, site visits will be combined with other tasks to maximize the efficiency of Consultant's work program 8. Submittal Reviews - Review construction submittals and substitution requests for conformance with project documents. For the purpose of developing this scope of work, it is anticipated that there will be approximately twenty-four (24) technical and administrative submittals reviewed by Consultant and approximately 33% of the submittals will require a follow up submittal and additional review. Consultant will coordinate closely with the City on maintaining an up to date submittal log. 9. Reguesf for Information (RFI) - Assist with issuing clarifications to the construction contractor and producing design changes if necessary. lt is assumed that Consultant will draft up to eight (8) requests for information/clarification for the City to review prior to distribution to the Contractor 10. Reguest Change Order Review, Response and Prepare - Provide services related to any request for change order (RCO) as directed by the City. These include review and responding to RCO's,, assistance with negotiation, recommendations to the City regarding any RCO, and processing the formal change order documents and coordinating the execution of the change orders. For the purpose of developing this scope of work, it is anticipated that there will be approximately two (2) change order requests. Lt. Defective Work - Recommend to City that Contractor's work be rejected while it is in progress if, on the basis of Consultant's observations, Consultant believes that the work will not produce a completed Project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. For the purpose of developing this scope of work, it is anticipated that there will be up to two (2) instances of defective work. t2. Materials Testing - Consultant shall provide for a materials testing laboratory for performing quality assurance testing of contractor-provided field samples of the CIPP lining installation. a. Perform materials testing of work as specified in the Contract Documents, and receive and review all certificates of inspections, tests, and approvals required by laws and regulations or the Contract Documents. Consultant's review of the certificates shall be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of the inspections, tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of the tests. b. Recommend and provide construction materials testing for the CIPP lining installation, when concerns arise about the quality of work, accuracy of Contractor provided tests or representation of prior tests. An allowance has been established to provide the services of a materials testing laboratory. 13. Subsfantial Completion/Punch LisØNotice to Proceed - Project will require maintaining service to City customers. This may require elements of the project to be substantially complete and functional prior to issuing notice to proceed on other project elements. Consultant will work City of Kent 2019 San¡tary Sewer CIPP Lin¡ng Murraysmith, lnc. March 2019 Page A-3 8.I.a Packet Pg. 287 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g with the City and recommend procedures and timing of acceptance of the project elements and continuation of work elements. Consultant will assist the City with inspection of specific project elements and assist in preparation of a "punch list" of work items remaining to achieve substantial completion. Assist the City in issuing notice of substantial completion as well as notice to proceed on work remaining as a result of the substantially complete work. 14. Final Completion/Close-Out - ln company with City and Contractor representatives, Consultant shall participate in a final inspection to determine if the completed work of Contractor is acceptable so that City may recommend, in writing, finalpayment to Contractor. Consultant shall inventory all required submittals, certificates, warranties and other documentation for support and recommend final payment. Consultant shall coordinate with the Contractor in order to provide all necessary project certifications, drawings, and any other required information to Department of Ecology and/or any other permitting authority regarding completion of the work in accordance with approved permits for the project. 15. Resident Project Representative (RPR) - Consultant shall provide the services of a Resident Project Representative (RPR). The responsibilities, authority and limitations of the RPR are limited to those of Engineer in accordance with the Construction Documents. These services may include: a. Review of work in progress to assist in determining if the work is in general proceeding in accordance with the Contract Documents. lnform Engineer and Contractor whenever RPR believes that any Work is defective. Advise Engineer when RPR believes that any Work will not produce a complete Project that conforms generally to the Contract Documents, or will prejudice the integrity of the design concept of the complete Project as a functioning whole as indicated in the Contract Documents, or whenever RPR believes Work should be uncovered for observation, or requires special testing, inspection, or approval. Monitor to ensure that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof. b. Serve as the Engineer's liaison with Contractor, working principally through the Contractor superintendent and assist in understanding the intent of the Contract Documents. Assist Engineer in serving as City's liaison with Contractor when Contractor's operations affect City's onsite operations. Assist Engineer in serving as a liaison between Contractor, City and private residents to inform and facilitate and coordinate work of the Contractor. Assist Engineer with the execution of tasks herein, including but not limited to, schedule, submittaland RFI's reviews, processing applications for payment, meetings, coordination of special inspections and testing, start-up, testing and training, substantial and final completion, and project close-out. d. Furnish Engineer periodic reports of progress of the Work and of Contractor's compliance with the Progress Schedule and Schedule of Submittal submissions. e. lnform Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and provide recommendations to Engineer; transmit to Contractor the decision issued by Engineer. f. Maintain informal record drawings and review Contractor's record drawings as required in the Contract Documents. c Page A-4City of Kent 2019 Sanitary Sewer CIPP Lining Murraysmith, lnc. March 2019 8.I.a Packet Pg. 288 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g g. Assist Engineer in the determining if the work is in general proceeding in accordance with applicable permits and permit conditions. lnform Engineer and Contractor whenever RPR believes that any Work is not in conformance with permit conditions. 16. Record Drawings - Prepare record drawings based on information provided by Contractor and City's Project Representative, and provide to City one (l) set of permanent record drawings. Consultant shall also provide record drawings to City in digital format on CD-ROM in AutoCAD format. Assumptions: Overall duration of construction contract (with seventy (70) Working Days contract time) is anticipated to be equivalent to an approximately seventeen (17) calendar week and normal 8- hour work day period. No night or weekend work anticipated. Deliverables Meeting agenda and minutes, draft and final a a Reviews and recommendations, when appropriate, for applications for payment, schedules, submittals, request for information and request for change orders. On-site observation reports. Material testing reports Record drawings, one hard copy and one digital copy in AutoCAD format Punch List and other documentation to support substantial completion and final com pletion/project close-out. Task 300 - Unanticipated Services This task will include additional labor or expenses that are not anticipated or specifically identified in the scope of work tasks defined previously. Such work items will be undertaken only after written authorization from the City. a a a City of Kent 2019 Sanitary Sewer CIPP Lining Murraysmith, lnc. March 2019 Page A-5 8.I.a Packet Pg. 289 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g 20L9 Sånitary S€wer CIPP Lin¡ng, Prcject No. 18-3012 City of Kent PROPOSED FEE ESTIMATE 3---Zıo n-;!î 14,559 ¡-------ìı 5 150 a--------!ı i-------:- 5 1,841 5 1,3265 3,0&l------=6 5 709 s 17.S 24 108 16----l¡- 1035 a-------ã- T2---------î-- 8 4 2 ) --.----i!-- f tuf* 6 VDx sû\.h¡hv.d,c!oMoresc&.M *Nßor ¡evúr)oús.pr L 2Or9 Sàñ r¡ryS4ef OPÞ r i i3 8.I.a Packet Pg. 290 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering 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 shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 8.I.a Packet Pg. 291 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect 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 contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. 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 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 Consultant before commencement of the work. 8.I.a Packet Pg. 292 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g EXHIBIT B (Continued ) F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 8.I.a Packet Pg. 293 At t a c h m e n t : 6 - M u r r a y S m i t h A g r e e m e n t ( 1 7 0 6 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M u r r a y s m i t h , I n c f o r t h e 2 0 1 9 S a n i t a r y S e w e r C I P P L i n i n g DATE: April 16, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Mackenzie Engineering, Inc, for the Kent Industrial Valley Area Subarea Plan - "Rally the Valley" - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Mackenzie Engineering, Inc for the Kent Industrial Valley Subarea Plan - “Rally the Valley,” subject to final terms and conditions acceptable to the Economic and Community Development Director and City Attorney. SUMMARY: The “Rally the Valley” project kicked off in late January with consultant interviews. Kent staff, with support from staff working group members from Auburn and Renton, have selected a consultant team of Mackenzie and EcoNW, respectively a Seattle-based firm with a long history of industrial land use planning and design work and an economics and public policy consulting firm with Seattle and Portland offices. Mackenzie and EcoNW will support staff in engaging with the Rally the Valley advisory panel, conduct a profile and needs assessment for the valley, develop a vision, goals, and strategies to meet those goals, complete an environmental review, and ensure the plan meets the Puget Sound Regional Council’s requirements for manufacturing industrial centers subarea plans, if the City elects to retain the Manufacturing Industrial Center designation. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government, Sustainable Services ATTACHMENTS: 1. Consultant Services Agreement (PDF) 04/08/19 Economic and Community Development Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 4/16/2019 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Bill Boyce, Satwinder Kaur, Marli Larimer 8.J Packet Pg. 294 8.J.a Packet Pg. 295 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l 8.J.a Packet Pg. 296 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l 8.J.a Packet Pg. 297 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l 8.J.a Packet Pg. 298 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l 8.J.a Packet Pg. 299 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l 8.J.a Packet Pg. 300 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l 8.J.a Packet Pg. 301 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l 8.J.a Packet Pg. 302 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019) City of Kent, Economic and Community Development Attention: Danielle Butsick, AICP 400 West Gowe Street Kent, WA 98032 Re: Kent Industrial Valley Subarea Plan Project Number 2180559.MK Dear Danielle: Projects such as the Kent Industrial Valley Subarea Plan (KIV) which contribute to the future economic growth for the City of Kent and surrounding communities are especially exciting for our team. Mackenzie appreciates this opportunity and, based on our February 11, 2019 meeting, we are pleased to present to the City of Kent (“the City”) the following revised scope of services and fee proposal for the KIV. Mackenzie’s integrated team of design professionals will provide land use planning, transportation planning and architectural services for the above project. In addition, Mackenzie will team with ECONorthwest (ECONW) to take advantage of their experience in public finance options and economic policy. ECONW will provide economic analysis consulting services in support of the project. Our Basis of Design along with our scope of services by phase is as follows: BASIS OF DESIGN The following describes the Basis of Design for this proposal, followed by detailed task listed under the Scope of Services. 1. The City seeks to identify and evaluate the enormous future economic opportunities for the Kent Industrial Valley, specifically within Kent’s regionally designated Manufacturing and Industrial Center (MIC). 2. The City has allocated funding for this scope of work to be utilized in 2019 and 2020. We assume Tasks 1, 2 and 3 will be completed in 2019. We have identified scope and fees for tasks 4, 5 and 6, but assume adjustments may be necessary in 2020. 3. The new KIV will help shape and guide the vision for the future of Kent’s industrial and manufacturing lands. 4. The Mackenzie/ECONW team will support City staff and stakeholder meetings as required by the City. We anticipate up to 5 stakeholder meetings. 5. This response is developed to address the task and scope of work description shared by the City as a draft; as such, we would recommend a scoping meeting to work closely with City staff to refine the scope and budget to appropriately allocate available funding to the best possible analysis areas. 6. The City’s Long Range Planning and Economic Development departments will support this effort by providing the base and background data. P 206.749.9993 F 206.749.5565 W MCKNZE.COM Logan Building, 500 Union Street, #410, Seattle, WA 98101 ARCHITECTURE INTERIORS STRUCTURAL ENGINEERING CIVIL ENGINEERING LAND USE PLANNING TRANSPORTATION PLANNING LANDSCAPE ARCHITECTURE Portland, Oregon Vancouver, Washington Seattle, Washington ATTACHMENT A 8.J.a Packet Pg. 303 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l City of Kent, Economic and Community Development Kent Industrial Valley Subarea Plan Project Number 2180559.MK December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019) Page 2 SCOPE OF SERVICES Task 1 – Industrial Profile and Industrial Needs Assessment Survey (ECONW Input) Time Duration: 3 months Mackenzie tasks here may include: Identify industry profiles for up to 4 types of building/uses (warehouse, manufacturing, office, and mixed-use – or other that may apply in the KIV subarea). These would be based on Mackenzie’s experience in design for buildings over the last decade or publicly available profiles, as well as the findings of the industrial stakeholders' survey. Profiles would include water, sanitary sewer, transportation (all modes), electrical, and telecom needs, as well as nearby or complementary land uses, potentially including residential, commercial, or office uses. A. The analysis will address industrial growth relationships between demographics, employment growth, market trends, and development. These tasks may include: ▪ Review of National, State, and Local Trends. The demand analysis will include an overview of national, regional, and local trends affecting economic development in the City, focusing on the City’s target industries. The overview of trends will focus on major long-run trends while the overview of local trends will provide more detail on conditions in Kent’s and the surrounding region over the past 10–20 years. The review of trends will focus on the City’s target industries. The focus of this analysis will use available administrative data (or data developed by the City) to discuss the trajectory of industrial areas and sector make-up. This information will be used in Meeting 2. ▪ Industrial Area Case Studies. This task will identify two to three case studies or comparable areas that illustrate the change to more productive industrial/manufacturing uses that the City would like to support and attract. This information will be used in Meeting 1. ▪ Assessment of Community Economic Development Potential. The analysis will assess land development potential for industrial uses or other complementary or supportive uses. This will include the mapping of current uses and assessing redevelopment potential. The main focus of this work will be to help identify key focal points by sorting areas in categories that include: no redevelopment potential, cornerstone users, and catalytic areas, and redevelopment sites. This information will be used in Meeting 3. ▪ Land and Built Space. Most businesses require a physical space (e.g., office, warehouse, factory, or storefront). ECONW has developed an innovative method of mapping and geographically analyzing real estate data to produce maps of regional development activity and market fundamentals. This information will be used in Meeting 2. ▪ Identification of Required Site Types. The demand analysis will identify the characteristics of employment sites that will be needed to accommodate the expected employment growth based on the types of employers that the City aspires to attract (as identified in the economic development vision). This assessment will identify site size, need for infrastructure and services, and other site characteristics. This information will be used in Meeting 3. Deliverables: Summary Slide Decks to be used with the planning process with accompanying technical documentation as needed. 8.J.a Packet Pg. 304 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l City of Kent, Economic and Community Development Kent Industrial Valley Subarea Plan Project Number 2180559.MK December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019) Page 3 Task 2 – Vision and Goals Development Time Duration: 5 months A. Mackenzie will work with staff to develop vision and goals for KIV based on industrial profile, needs assessment, and committee input. Vision and goals will be developed through five steering committee meetings, facilitated by a consultant. A rough work plan for the Steering Committee meetings includes: Meeting # 1: Baseline Trends and Strategic Issues ▪ Key Questions to the Committee: o What is the strategic opportunity for Kent? o What best version of ourselves can we be in five, ten, twenty years? o What risks/constraints will the City and its stakeholders have to contend with? ▪ Materials/Presentations to the Committee: o City presentation on background project context – making the case for how policy, incentives, and investment can support change. o Case studies of industrial/manufacturing change (See Task 1). Meeting # 2: Understanding Kent Valley’s Users ▪ Key Questions to the Committee: o Why do firms locate in the Kent Valley? o What conditions can help us achieve the vision we want? o How will that impact existing users? ▪ Materials/Presentations to the Committee: o Summary of City survey. o Summary of economic, land use, and real estate uses (See Task 1). Meeting #3: Identification of Focal Areas ▪ Key Questions to the Committee: o What areas are realistically appealing, capable of investment along the lines the City is contemplating? o What are the ideas that would most influence their investment? ▪ Materials/Presentations to the Committee: o Summary of industrial prototypes (See Task 1). o Summary Maps of Users and Focal Points (See Task 1). 8.J.a Packet Pg. 305 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l City of Kent, Economic and Community Development Kent Industrial Valley Subarea Plan Project Number 2180559.MK December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019) Page 4 Deliverables: Participation in Committee meetings, Revised Strategic Plan Document. Task 3 – Land Use, Design Compatibility, and Transportation Time Duration: 5 months A. Review existing research and recent studies, including work done by Mackenzie in the Portland Metro area, SW Washington, and other locations on industrial lands compatible uses, site design, and performance standards. B. Attend and participate in meeting #4 and #5 with City staff to discuss adapting national and industry knowledge to the Kent community. Meeting #4: Public Action Tools ▪ Key Questions to the Committee: o What tools make a difference? o What are the big/small influencers? What haven't we considered? o What tools might have unintended consequences? o What things need to happen first, what can happen latter? ▪ Materials/Presentations to the Committee: o Inventory of tools and actions. Meeting #5: Strategic Vision, Objectives, and Initiatives ▪ Key Questions to the Committee: o Review and revise draft strategy. ▪ Materials/Presentations to the Committee: o Draft vision, objectives, and strategy. ▪ Support for development of Draft Strategic Plan. The consultant team will support one meeting with the City to develop a strategic plan with the City responsible for developing the first draft. The team will then review and revise the plan drafted by the City to be submitted to the Committee on Meeting #5. C. Work with City staff to develop land use, regulatory and design strategies to meet vision and goals for the KIV. D. Coordinate with Kent Public Works Transportation Planning, Commute Trip Reduction (CTR), KC Metro, Sound Transit, WSDOT, and KIV employers and distributors on plans and future technology and trends. Work with City to develop strategies to meet vision and goals for Land Use, Design, Transportation, Transit, Infrastructure, and Technology. 8.J.a Packet Pg. 306 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l City of Kent, Economic and Community Development Kent Industrial Valley Subarea Plan Project Number 2180559.MK December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019) Page 5 Deliverables: An outline of likely land use and design strategies developed though this phase of development, along with geospatial data and maps as necessary. Outline is anticipated to be a five-page summary of each strategy with some details on implementation steps and a summary of how the strategy supports the vision for the Valley. Task 4 – Economy and Employment (ECONW) Time Duration: 5 months A. This task will support Kent’s participation in economic development planning related to refinement and implementation of regional, local, and targeted strategies. Of particular interest is the furthering of the PSRC space sector study and global trade and supply chain management study. The consultant team will meet with the City’s ED and LRP teams to specify the scope of work. Mackenzie will work with Kent to develop strategic responses and identify strategies that perform well under multiple situations. Changing land use policy requires coordinating with multiple jurisdictions. Introducing new business incentives requires investment and local advocacy. Overall, this makes regional economic development groups incredibly flexible and innovative in how to respond to economic challenges, including launching incubators, facilitating public-private partnerships, and developing new workforce initiatives. ECONW will help Kent systematically think through the resources the City could leverage in its response strategies. These resources will become clearer through Tasks 1 and 3, but they could include: ▪ Cluster organizing and engagement. ▪ Business incentives. ▪ Tax and land-use policies. ▪ Infrastructure needs and priorities, including transportation, energy, and communications. ▪ Federal grant opportunities. Task 5 – PSRC Checklist, Growth Targets, and Capacity Analysis Time Duration: 3 months A. Mackenzie will support analyzing existing and planned utility and transportation capacity based on land use strategies identified. B. PSRC has recently adopted a new Regional Centers Framework and checklist for Centers Plans which all local jurisdictions designated as centers are required to adopt by 2020. Therefore, the MIC Plan for Kent would need to incorporate the requirements. The Consultant would support LRP and in coordination with PSRC to complete the subarea plan checklist for the MIC to ensure that the plan meets all required components. A majority of this work includes examining capacity and targets for growth and ensuring land strategies enable continued growth. Task 6 – Adoption and Environmental Review (SEPA/EIS) Time Duration: 5 months A. Mackenzie will support City staff in compilation of the plan document in preparation for stakeholder presentations and approval. We assume three meetings with staff. B. Mackenzie will complete a non-project action SEPA checklist and provide produce a Supplemental Environmental Impact Statement. 8.J.a Packet Pg. 307 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l City of Kent, Economic and Community Development Kent Industrial Valley Subarea Plan Project Number 2180559.MK December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019) Page 6 FEE SUMMARY Our fixed fee for the related design services described above are as follows: Task 1: $35,250 Task 2: $25,150 Task 3: $35,000 Task 4: $24,600 Task 5: $10,000 Task 6: $20,000 TOTAL $150,000 Reimbursable expenses (printing, copying deliveries, ride share vehicles, application-based transportation, mileage, etc.) are included in the fee outlined above and will be invoiced at 1.12 times cost. Reimbursables are estimated to be $2,000 and will not be exceeded without the Client's approval. ASSUMPTIONS Please review and notify Mackenzie if Client believes that any of the Assumptions listed here are either inaccurate or unreasonable prior to project commencement. Please also notify Mackenzie if any additional clarity is needed for the Client to fully understand these Assumptions. In addition to the scope of services outlined above, we have assumed the following: 1. Client will provide current electronic files of any relevant data and background information to assist in the KIV subarea plan. 2. The above scope and budget will be refined in the initial step (Task 0) of the project and other possible assumptions and exclusions may be developed based on the outcome of that meeting. EXCLUSIONS Please review and notify Mackenzie if Client believes that any of the Exclusions listed here are to be included in Mackenzie’s scope of services prior to project commencement. Please also notify Mackenzie if any clarity is needed for the Client to fully understand these Exclusions. In addition to any Exclusions outlined within the proposal above, we have also excluded the following from our proposed scope of services. 1. Special billing requirements required by Client outside of Mackenzie’s standard billing procedures. 2. Land survey, topographic survey, tree survey, or metes and bounds descriptions and related specifications. 3. Soils investigations/testing and related specifications. 4. Meetings with public agencies or other meetings other than those specifically identified in Scope of Services above. 5. Sensitive lands requirements. 8.J.a Packet Pg. 308 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l City of Kent, Economic and Community Development Kent Industrial Valley Subarea Plan Project Number 2180559.MK December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019) Page 7 It is our understanding the project will start in January 2019. If the proposal is agreeable to you, we can prepare incorporate the final agreed upon proposal into the City’s contract agreement. Please note that this proposal is valid for 90 days. We look forward to working with the City of Kent on this new project. If you need additional information or have any questions, please do not hesitate to call. Sincerely, Michael Chen Associate Principal Enclosures: Meeting Schedule c: Morgan Shook, ECONorthwest Todd Johnson – Mackenzie 8.J.a Packet Pg. 309 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l J 8.J.a Packet Pg. 310 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering 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 shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 8.J.a Packet Pg. 311 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect 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 contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. 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 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 Consultant before commencement of the work. 8.J.a Packet Pg. 312 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l EXHIBIT B (Continued ) F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 8.J.a Packet Pg. 313 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1-415-365-8000 09/01/19 liability arising out of the operations of the named insured and where required by written contract. the Named Insured. General and Auto Liability is primary and non-contributory over any existing insurance and limited to City of Kent is included as Additional Insured (except Professional Liability) where required by written contract with RE: Mackenzie project #2180559 - Kent Industrial Valley Subarea Plan 09/01/18 USA 09/01/18 106970374 5,000 Portland, OR 97214 X 100,000 CITY OF KENT EX-1L64048A-TIL-18 31194 25674 5,000,000 09/01/18 X 2,000,000 B TRAVELERS CAS & SURETY CO OF AMER TRAVELERS PROP CAS CO OF AMER A&E Professional Liab. X 220 FOURTH AVENUE SOUTH X A A A X 5,000,000 09/01/19 San Francisco, CA 94111 55572227 55572227 Aggregate 1515 SE Water Avenue, Suite 100 1,000,000 LIC #OE77964 03/07/2019 1,000,000 09/01/19 Mackenzie Engineering, Inc. BA-1L604314-18-CAG 1,000,000 Suite 400 One California Street X 09/01/18 09/01/19 2,000,000 5,000,000 KENT, WA 98032 msteffan Integro Insurance Brokers 630-0L127311-TIL-18 8.J.a Packet Pg. 314 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l ! " # $ %& $ ' $ % $ % ! % ( & % ( $ ) $ * % * $ % % * + $ # + & ! , $ & %& $ ' %+ $ $ # % $ % % $%- ' $ + . + ' $ ! &$ $ $ & . $ % ( & %$ /% % %+ $ + . + * % , $ & + & ( ) * $ , 0 + $ % * $ , ) % ( # ! $ $ & $ ( ! & $ & + $ # 1 % % ( & . * &$ ) & $ % * %+ ( + % %, ( & * .( & $ &$ % * %, $ & % ( %+ $+ . + & 2 $ & + & , ) $ % %, " $ ( $ % # ! % , $%&'( &%& ) * + "" ,+ +($-'" ' $ %& ( $ ( ' $% % $ % &$ %$ ! /% % ( ) % & % ( % * % ( % $ * $ $ , . & + ( + ! ( . ./# 3 4 8.J.a Packet Pg. 315 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l V a l l e y & 0 + % % $ / - , 0 + && $ ' ( - ( $ &&& $ ' $ & % % ) , , % & % 2 ( + ! ! % * % 5 & $ $ % % - $ * ( && $ & , ) ( # + %& % $ ' $ % % % $ % % ( & ,' $% ! &$ ! $ . ( &$ $ - % %+ 5 - % %+ ( ! , $ $ $ , " ( $ $ % % # 4 4 . ./ 8.J.a Packet Pg. 316 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l V a l l e y ! " # $ % & ' ( ) & $ & * ( * & $ $& # $ & ( * * $& ' + &' * & & + ' & & ( & ( ' , & - . / ) & + +" & $ . & ) # &&, 0 1 # & + , 2 34 5 , # * 1 # 2 # ) & $& , & 2 , - & 6 & # & ( & 1 ) & # 1 + - + 1 , + 6 # - 6 $ # # 6 # 6 $ # & / + ( ( &( & & ( & +( ) 1 ( ' / ! / 7 + 1 & / ( 7 6 ! ( ) ( $ & + & ( & 2 & $ & ) & + ( & % + 7 7 ' # 8 9 8.J.a Packet Pg. 317 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l V a l l e y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a Packet Pg. 318 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l V a l l e y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a Packet Pg. 319 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l V a l l e y $& $ 0 # : $ $ *%+ & ! * $& # ' 0 $ * $& - % # & & $ & / + 7 7( & <4>> & $ $& + 0' # ' 1 1 1 ! ! & / & & / & 7 - + 7 - + 7 7 # ( $ ! # ( $ ! ! & 7$ & + $ & ! & 7$ & + $ & ) &7 7 & 7 ( ) &7 7 & 7 ( 7 ) &7 $& 7 ) &7 $& & ( & ( 7 - 7: 7 - 7: " & 7$ ) 7( 7 & & & +" & 7$ ) 7( 7 & & & + 7 7 ) &7 ( 7 7 ) &7 ( ( $& ( $& & & / +& & / + & $ ( & $ ( ( ( - + & & $& + & 7 - + ' 7' + + # $) # $) ! ! ! ! $ $ & 7 + & 7 + - 7( - 7( 1 1 ( # : ( # : " " &! & ! * + & 7$ & 7 7 &) &* + & 7$ ) &7 7 & & + 7 ( 7 + 7 ( 7 ) &7 ) &7 $& + $& ( + ( - *+ & $ : : * + - * + & ( + ' # ? 9 8.J.a Packet Pg. 320 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l V a l l e y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a Packet Pg. 321 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l V a l l e y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a Packet Pg. 322 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l V a l l e y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a Packet Pg. 323 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l V a l l e y ( & 7 - 7 , & ' & & - / # 7$ 7 ( & ) & . 6 $ 7 7 & 7 ( 7 7 6 + ) & $& 7 ! $& ! ! * . & : $& & : < * +6 $ 7 + " , 7 6 : ' . ' & 1 $ $ 6 ! # 9 9 8.J.a Packet Pg. 324 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l V a l l e y Policy_OLCA_CertificateOfInsurance www.saif.com 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.584.9812 Mail to:Certificate holder: MACKENZIE ENGINEERING INCORPORATED MACKENZIE ENGINEERING PO BOX 14310 PORTLAND, OR 97293-0310 CITY OF KENT 220 FOURTH AVENUE SOUTH KENT, WA 98032 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by this policy is subject to all the terms, exclusions and conditions of such policy; this policy is subject to change or cancellation at any time. Insured Mackenzie Engineering Incorporated Mackenzie Engineering PO Box 14310 Portland, Or 97293-0310 Producer/contact SAIF Corporation SAIF Corporation Issued Policy Period 03/07/2019 753429 09/01/2018 to 09/01/2019 Limits of liability Bodily Injury by Accident Bodily Injury by Disease Body Injury by Disease $1,000,000 each accident $1,000,000 each employee $1,000,000 policy limit Description of operations/locations/special items Project #2180559 - Kent Industrial Valley Subarea Plan Important This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED TO THE POLICYHOLDER AND CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW. SAIF WILL ENDEAVOR TO PROVIDE WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE. Authorized representative Kerry Barnett President and CEO Oregon Workers’ Compensation Certificate of Insurance 8.J.a Packet Pg. 325 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 7 2 2 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h M a c k e n z i e E n g i n e e r i n g , I n c . f o r t h e K e n t I n d u s t r i a l