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City Council Meeting - Council - Agenda - 6/18/2019
KENT CITY COUNCIL AGENDAS Tuesday, June 18, 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 B. Council Reports 6. PUBLIC HEARING 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. 8. CONSENT CALENDAR City Council Meeting City Council Regular Meeting June 18, 2019 A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Jun 4, 2019 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jun 4, 2019 7:00 PM B. Payment of Bills - Approve C. Federal Way Link Extension City Services Agreement Task Order Number 2 - Authorize D. ICMA - RC Administrative Services Agreement - Authorize E. Railroad Trespass Fencing Project - Accept as Complete F. Interlocal Agreement between the City of Federal Way and the City of Kent for Jail Services - Authorize G. Ordinance Amending Ch. 9.02 KCC - "Criminal Code" - Adopt H. Master Services and Purchasing Agreement between Axon Enterprise, Inc. and the Kent Police Department for Body-Worn Cameras - Authorize 9. OTHER BUSINESS A. Resolution in Support of Puget Sound Regional Fire Authority Proposition No. 1 - Property Tax Levy for Fire Protection and Emergency Services - Adopt 10. BIDS A. Russell Road South/South 196th Street Asphalt Overlay - Award 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 9 ECONOMIC AND COMMUNITY DEVELOPMENT • We hope to learn more later this month about King County Metro Transit’s preferred sites for a south county transit base in Kent or Auburn. • We’re still working on a council meeting date to honor our 47th district legislators. We honored 33rd district legislators at the last meeting. • Interviews for finance director and human resources director are coming up July 11-12. • The Washington City/County Management Association (WCMA) concluded its inaugural year of the NW Women’s Leadership Academy with 32 women who participated from across the state. The Academy prepares and promotes women into leadership roles in local government. The Academy takes place over ten months and includes six full days – one full day held every other month The City of Kent participated as a session host. The Academy is currently recruiting its second cohort which will begin in September 2019. More information is available on the association website, WCCMA.org. Communications • New to Kent this summer is Kent Walks. Mayor Dana Ralph, Police Chief Rafael Padilla and Public Works Director Tim LaPorte along with Neighborhood Program Coordinator Toni Azzola will walk in Saltair Hills, Misty Meadows and North Scenic Hill. Kent Walks provides an opportunity for residents to work one-on-one with city leadership to identify and address neighborhood concerns. • The Community Engagement Coordinator attended the first two days of a 9-month long training on equity and inclusion. The training is being provided by the Government Alliance on Racial equity and the cohort is comprised of other government agencies and cities in the region. Administration • Multiple staff including ECD leadership look forward to participating with stakeholders throughout the city in the weeklong Amanda Project Kickoff commencing Monday June 24. IT project leaders and implementation partners CSDC/Vision33 will conduct multiple discussion groups on a variety of topics to determine stakeholder requirements, expectations and hopes for the new system. ECD will determine the best staff match for each agenda topic to maximize the effectiveness of the kickoff and the quality of the information relayed to the implementation partners. Planning/Rental Housing Inspection Program • Staff hosted an informational booth at the Kent International Festival on May 18. In addition to answering questions from the public, program brochures and refrigerator magnets were handed out 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 9 to increase resident awareness of the program and its benefits. • June 6 and 10, tenant rights organization Solid Ground provided training to city staff from ECD, Housing & Human Services, and Code Enforcement about tenant’s rights and the recent changes to state law related to the eviction process. The information presented will help city staff answer questions from the public. • Staff and Living Well Kent are hosting the Kent East Hill Healthy Housing Fair on June 25 from 6-8 pm at Kent Masonic Hall. The fair is part of the ongoing effort to inform tenants located in North East Hill (the area of the city being inspected first) about RHIP. Living Well Kent translators will teach small groups about the program in their native language, using materials provided by staff, who will circulate to answer questions. Several booths will provide additional healthy housing information such as mold prevention tips, fire safety and tenant rights. King County Public Health, Puget Sound Regional Fire and solid ground have agreed to staff these booths. Economic Development • Staff met with their counterparts from Auburn, Renton, Tukwila, and unincorporated King County with an assembled group of Chambers representatives from Seattle, Renton, Covington, Southside, Newcastle about the possibility of the first ever south King County economic summit. The group promised to submit feedback to Renton Chamber of Commerce as early planning continues. • Staff continues their fundraising plans for the lunar rover park project with the new director of Kent Downtown Partnership, Gaila Guitierrez. Long Range Planning • ECD held the second Rally the Valley advisory panel meeting on May 29. The primary topic was Kent’s fiscal sustainability challenges. Panel members learned about the financial tools available to the City, as well as their challenges and legal constraints. Staff also introduced draft strategic issues, goals, and a proposed vision for Rally the Valley. • Emergency Management has moved offices and is now located on the 4th Floor of Centennial Center in Community Risk Reduction (formerly known as Fire Prevention). We look forward to saying “hi” in the hallways and are currently in the process of getting unpacked and getting the Level 3 ECC up and running. • Congratulations to the latest CERT graduates. Approx. 35 community members successfully completed the eight-week course of the Community Emergency Response Team. These community members are now better trained to respond to and prepare for any disaster that may occur in our City. We are very proud of their commitment to preparedness. Thank you to Mayor Ralph and Chief Morris for attending and speaking during the CERT graduation. • Emergency Management sponsored two City Employees to attend the annual Partners in Preparedness conference in Lynnwood, Washington. This annual conference focuses on building strong partnerships in the emergency management field. Commander Hollis from Police and Josh Holmes from ShoWare attended this year as well as Emergency Management staff. Lots of great contacts made and information from multiple presentations/vendor booths given over the three-day conference. • State LEPC Conference – Chief DiDonato attended the annual Statewide Local Emergency Planning Committee (LEPC) Conference to discuss local hazardous materials issues and regulations. • King County Emergency Management coordinated and conducted a series of Complex, Coordinated Terrorism Attack drills at ShoWare Center. The four days 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 9 of drills is part of a grant received by King County and coordinated with regional partners. Kent Emergency Management, as well as Kent Police and Puget Sound Fire, attended several of the training drills. • Staff participated in the Public Works day at ShoWare. Thank you to Public Works for including us in this great event, we were able to speak to many students about what emergency management is and what we do. It was a great day for everyone involved. • PD has completed the final portion of the Support Service Manager’s selection process. Congratulations to Christy Warren in her promotion to this position. The promotion will take effect on July 1. • Replace Kiva with a new enterprise permitting system including integration with GIS, Wireless for inspectors, Interactive Voice Response (IVR) Inspection Scheduling, Web Access for Citizens, Service Requests, Code Enforcement, ad hoc Query and Reporting system. • Migrate Law's Civil Division from a physical workflow of legal documents and associative paper bi-products; to one that automates workflow, collaboration and document management that is available to any connected device through a centralized portal. • Information Technology operational support for May 28 - June 11 o Number of tickets opened – 279; o number of tickets closed – 272 • Launched Lawbase for use by the Civil Division on June 1, 2019. Lawbase will assist attorneys and paralegals with electronically sharing case and project information, including emails and individual notes. This case management software is a big technological step forward for the Civil Division. While Lawbase assists with sharing emails and notes amongst department staff, an integration with Laserfiche is still needed before the full benefits of Lawbase will be realized. The Law Department is anxiously awaiting IT’s completion of this next critical step. • Assisted in drafting Task Order #2 relating to the Federal Way Link Extension City Services Agreement through which Sound Transit will provide the City with $6.7 million to assist the City in managing the additional permitting work triggered by the project’s development. • Drafted a Council resolution to support Puget Sound Regional Fire Authority’s Proposition No. 1, which seeks a property tax levy to support fire protection and emergency medical services, which Council will discuss and consider at its meeting on June 18. • The Law Department held a Criminal Justice Summit. This meeting brought together all components of Kent’s municipal criminal justice system, including representatives from Administration, Police, Prosecution, Public Defense, Municipal Court, Probation, Jail and Human Services. We discussed various issues including body cameras, red light cameras, homelessness, code enforcement, community courts and various other issues. The meeting was intended to streamline and improve processes, and field new ideas to improve public safety and the functioning of the system. • Security report for May o Clients that entered – 6,602 o Arrests - 39 HUMAN RESOURCES LAW MUNICIPAL COURT INFORMATION TECHNOLOGY 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 9 Recreation • Kent Parks Adaptive Recreation was well represented at the Special Olympics Spring State Games on June 1 and 2. Thirty-four athletes proudly represented Kent in swimming, cycling and track and field competition. The games were spread across three venues including Joint Base Lewis-McCord, King County Aquatics Center, and Pacific Lutheran University. Athletes trained for several months under the guidance of seven seasonal coaches and 12 very committed volunteers. Kent athletes displayed teamwork, sportsmanship, skill development and fitness as they earned 35 gold medals, 24 silver medals, 38 bronze medals and several honorable mentions. It was a successful weekend for all three teams. • The 2019 Summer Art Exhibit opened on Wednesday, June 5 with a reception in the Centennial Center Gallery from 6:30-8:00 p.m. Approximately 150 guests enjoyed light refreshments (compliments of sponsor Osborn/Machler), as well as the opportunity to meet the exhibiting artists. Sixty-five pieces by 36 artists will be on display through August 21. • A purchase jury met on the afternoon of June 5 to select artwork to purchase from the show for the City’s permanent collection, as well as artists to invite to have solo or shared exhibitions in the Centennial Gallery 2020-2021 season. The purchase jury consisted of professional artists Mary McInnis and Nichole DeMent who juried the show, Kent Arts Commissioner cam Kristenson, City Councilmember Marli Larimer and city staff person Kim Komoto, City Clerk. • The Current Kent Creates 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. • Kent Parks and Recreation hosted the Annual Spring Youth Dance Recital on June 8 at the Kent Meridian Performing Arts Center. Thirty-one classes representing ballet, tap, hip-hop, jazz, gymnastics, and cheer were featured in the program. Over 200 proud, nervous, and very excited young dancers performed for an adoring audience of over 1,000 proud, nervous, and excited family and friends!! These two sold out, standing room only performances are the culmination of months of weekly dance classes. The program promotes fun, fitness, dance and social skill development, and fosters self-esteem in the participants. Human Services • Staff attended the Short Course on Local Planning Workshop provided by Washington State Department of Commerce. The training provided an overview of land use planning laws, roles, and best practices for public participation. • Kent and Renton staff participated in a joint sobering center pilot project in 2017 along with King County Emergency Medical Services, Valley Medical Center and Public Health. The purpose was to provide an alternative destination outside of the Emergency Department for individuals with acute alcohol intoxication in South King County. Staff was recently notified that a paper on lessons learned from that experience will be published in the Journal of Substance Use in hopes of helping other communities learn from our experiences and inform the success of future sobering centers and other similar interventions. • Staff hosted webinar, The Limitations of Homelessness Enforcement, provided by MRSC. With a 5.6% rise in homelessness from 2017 to 2018, local governments across the state are struggling to deal with the challenges this brings, including unauthorized encampments, use of vehicles for PARKS, RECREATION, AND COMMUNITY SERVICES 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 9 habitation, and related public health issues. At the same time, several recent court decisions placed restrictions on the ability of local governments to enforce regulations and policies that prohibit camping or sleeping on public property. The webinar explored these restrictions and, more broadly, the limitations of enforcement as a means for addressing the impacts of homelessness. • Staff continues to participate in the Joint Policy and Planning Work Group working on the homelessness system governance transition. Recent focus has been on integrating community voice into shaping what is next for the homeless system redesign by moving to a more community focused process. This will include a workshop model with structured conversations around key components of what the regional consolidated authority and homeless system will look like. • Staff attended the College and Career Pathways Advisory Committee at Renton Technical College. College President Dr. Kevin McCarthy, met with Advisory Committee members to discuss reductions of faculty and staff positions that recently occurred at RTC. • Salvation Army’s Street Level program reported successfully housing four families that were living in their vehicles in Kent. Their outreach worker has been building relationships with landlords to reduce barriers to those seeking housing. This program is new to our area and is not currently supported by City of Kent funding. • Atlantic Street Center will be opening a site in Kent and will be hosting an open house on June 28 from 4 to 7 at 610 West Meeker Street, Suite 201. (RSVP to TeresaE@atlanticstreet.org by June 21.) Atlantic Street Center has been based in Seattle for over a century and they support children and families in need by providing educational, family support, and behavioral health counseling services for children, youth, and their families. They primarily serve low and very low income African American families and other families of color who reside in central and southeast Seattle, South King County and North Pierce County. Planning Development • Park Planning Staff applied for a Meet Me at the Park grant from the National Park and Recreation Association. The $30,000 grant funds awarded will be used to fund playground replacement, sport court surfacing and street end improvements at Meridian Glen Park. • Park planning staff applied for funds from the Recreation and Conservation Office’s Youth Athletic Facilities program for drainage improvements at Service Club Ballfields Park, which will allow us to improve saturated field conditions that occur in spring and fall. The $65,732 in awarded funds cover half of the improvement costs. Significant crime activities / arrests / investigations • On May 30, Patrol responded to the report of a fight near 1st Ave and Meeker St. Upon arrival, officers observed the subject, a convicted felon for Assault 3, and attempted to stop him to investigate the assault. The subject took off running through Kent Station and was pursued on foot. He eluded capture initially, but was apprehended after another foot pursuit. He then assaulted an officer while in handcuffs. • June 8, officers located suspects from an accident scene at a nearby apartment complex. When officers drove in the vehicle went nose to nose with the patrol car and at slow speed attempted to push the patrol vehicle out of the way. Four juveniles and one 18- year-old were arrested. 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 9 Major emphasis patrol • May 24 street racer emphasis (no data to report) School issues • Working with KSD in preparation for graduation on June 15. Design • Under Deck Lighting at James: Coordinating to resolve Local Program Office comments and approve Public Art Plan. • 2019 B&O Overlay (Russell Road S/S 196th St Asphalt Overlay): Bids Opened June 11. Apparent low bidder is Lakeside Industries for $880,360. Engineers Estimate $982,765. Plan to recommend to Council to award on June 18. • 212th East Valley Highway to 76th: Submitted right of entry information to BNSF and UPRR for work adjacent to railroad right-of-way. Design progressing on signal plans and ADA ramps documentation. • 4th and Willis Roundabout and joint utility relocation projects: Drafting construction utility agreements. Met with Police and Fire departments to discuss operation of the roundabout; received feedback regarding desired operations during heavy congestion. Received preliminary drainage design. Coordinating with Parks department regarding landscaping funding. • West Hill Reservoir: A Mitigated Determination of Non-Significance (MDNS) was issued for this project May 16. The appeal period is open until the Conditional Use Hearing scheduled for Jun 19. Comments will be accepted through the Hearing date. Internally coordinating for other related projects (transmission main and booster station). • Skyline Sanitary Sewer: Refining scoping level design for sewer route to possibly eliminate lift station on Military Road. Kent School District working with ECD for Sewer connection. Design is coordinating efforts with ECD. Land Survey & GIS • The Land Survey field staff are providing construction staking on the 228th Grade Separation Water utility, 224th St. Corridor curb and channelization, Downey Farmstead Phase 3 construction and the Upper Mill Creek Dam structure. Land Survey office staff have been supporting projects by reviewing plans, writing legal descriptions for temporary construction easements at the KOA site, calculating boundaries for culvert replacements and reviewing ECD submittals. The GIS department (Geographic Information System) has actively been transferring city data to layer files for easy accessibility on various web applications. GIS Supervisor was part of the hiring panel for the CTR program in Transportation. Working with Parks to help create a story map for Art locations within the city. Resource assistance to PW Signs Department for collecting sign inventory data – 3,903 signs collected to date. New Project Request for providing PW Operations with an interactive data dashboard for Sewer to visualize their manhole inspection program and associated data. Construction • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1): 84th to SR 167 –Guardrail is scheduled for June 12. Traffic island installation and Channelization are scheduled for June 13. SR 167 Bridge – No night work this week. SR 167 to 88th - Pigmented sealer application continues. Installation of the bridge drainage system is complete. 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 9 • LID 363: S 224th St Improvements – 88th Ave S / S 218th St Improvements – S 222nd St to 94th Pl S (Ph 2): Excavation for the SE retaining wall footing near Garrison creek is complete. Concrete for the footing is scheduled for June 11. Eighteen-inch water main installation began last week on 218th and will continue through June 13. Joint Utility Trench (JUT) - PSE has completed pulling wire. Comcast is scheduled to begin on June 10 and CenturyLink is scheduled to begin on June 11. S 218th St from 93rd to 94th Pl will close on June 24 and is expected to reopen by September 30. • Cambridge Reservoir Recoating and Fall Protection Improvements - Exterior sand blasting/lead abatement containment envelope passed testing and full operations began on June 10, and are expected to continue for the next 4-6 weeks. Containment monitoring stations shall be active through the duration of lead abatement activities. • 228th St. Union Pacific Railroad Grade Separation Ground Improvements and Embankments (Ph 4 of 5) - Water main installation began on June 10. FloForm and Pacific Metals driveway construction continues. The Interurban trail was closed on April 15. Trail notifications will be updated as construction progresses with public safety being the #1 priority. A construction window may allow the trail to temporarily reopen for several weeks in August. • 228th St. Union Pacific Railroad Grade Separation Bridge and Roadway (Ph 5 of 5) - Contract currently under suspension while Phase 4 continues. The contractor is attempting to schedule large storm vault delivery and installation for September/October time frames to capitalize on low water table conditions in the fall and early winter. • Kent Springs and Pump Station No. 4 Electrical Upgrades: Pump Station 4 – Substantially complete. Kent Springs – Shelter roof placement, fencing, electrical, old equipment removals, and site cleanup remain. • Lake Meridian Estates Storm Drainage Improvements, Ph 2 - The contractor is remobilizing this week to conclude the large diameter storm pipe installation and roadway restoration. This work is expected to continue for 6 to 8 weeks. • Upper Mill Creek Dam Improvements and Diversion Structure Replacement - 104th Ave S closure was implemented June 10. This closure will remain in place until September. Work has begun to expose water mains prior to sheet pile installation and demo earthen portion of the dam around the outlet structure. Excavating for the diversion channel, placing forms for the cast in place concrete section of the diversion channel structure. The base of the diversion channel will be poured this week. • 640 Pressure Zone Booster Station - Pouring interior and exterior column, backfilling foundation, installing roof and perimeter drains. • 2019 City Wide Paint Line Striping and Raised Pavement Markings Replacement (RPM) is expected to finish this week and striping to begin July 1. • 2019 Asphalt Overlays - Grind and pave to begin June 12 in the Parkside neighborhood, June 20 on Reiten Rd. followed by Copper Hill then 100th Ave SE. Night paving to commence July 8 on S 208th St. • 2019 Sanitary Sewer Lining - Cleaning of the existing sewer lines is complete. Lining to begin June 25, in the Linda Heights neighborhood. Mailers, door hangers, variable message signs, and 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 9 social media has been employed to notify the public • Green River Natural Resource Area (GRNRA) Storm Water Force Main - Large diameter storm pipe installation is scheduled to begin on July 8 beginning on Russell Rd and will proceed through the Hogan Park North parking lot. • Downey Farmstead Restoration Phase 2: Frager Road Realignment and Contaminated Soil Removal - Excavation is underway. Area residents are being coordinated with for the “local access only” road closure. Message signs are up. • Red Light Cameras – Installation is ongoing at several intersections: 84th Ave S & S 212th St, SE 240th St &104th Ave SE, Central Ave S & S James St, 104th Ave S & SE 256th St, Kent Des Moines St & Pacific HWY S, Central Ave S & Smith St. Transportation • Staff to attend a workshop with ECD staff to discuss critical bus stops and walk/bike access for the future King County Metro RapidRide I. • Staff are developing the public outreach calendar for the Transportation Master Plan Goals. • Staff met with the Kent School District to discuss school traffic on SE 216th St at Panther Lake Elementary. The opening of the 224th bridge over SR 167 and 224th Phase two were discussed along with the expected increase in traffic was discussed. Staff from both agencies discussed ideas for improving traffic flow around the school. Staff will meet again to further discuss options. • Received and installed replacement stainless steel bridge junction box lids that were stolen during the wire theft incident on the BNSF 228th St bridge. Lids were installed using tamper proof screws! Streets • Street Maintenance crews are paving on 132nd Ave S and performing an asphalt overlay on S 202nd St as well as assisting the Water section with hot patch repairs on 4th Ave N. The Concrete Crew will be pouring new sidewalks on 38th Ave S and paving on S 202nd St as well as paving around the traffic island on SE 256th St. • The Street Signs and Markings team are focusing on sign maintenance City wide as well as pulling containers from the KEHOC site and relocating them to the Shop yard. The retro reflectivity crew will be focusing on signs and locates on SE 256th St. The solid waste crews will be removing debris and illegal signs on 132nd Ave SE, Hwy 99 and on S 228th St. • Vegetation crews will be performing maintenance at Kent water sites and drainage areas city wide. Street vegetation is working in the downtown core area as well as focusing on traffic islands and mow strip maintenance. Our sidearm mowers will be focusing primarily on Frager Rd, Pacific Highway, 116th Ave SE, SE 208th, 132nd Ave SE and on Kent Kangley Rd before moving on to adjacent roadways. Wetland maintenance crews will be preforming spring maintenance at various wetland and drainage locations and wetland mitigation crews continue their work at the GRNRA nursery and building irrigation at the Frager Rd Upper Mill Creek Dam. Weather depending, the spray truck will be out on 132nd Ave SE, S 240th St and Canyon Dr. Water • Staff continue work on the Kent Springs Generator project; testing wells and running equipment, working with Tacoma Water on meter swap outs, air vac ventilation upgrades on 254th Pl and replacing large meters at Wellington Town Homes and Home Depot Storm • Storm crews will be cleaning lines in advance of the TV Truck on 196th St, 144th Ave SE, 281st Pl and 136th Ave SE, removing debris from the pipe so that clear video can be taken of the structure’s interior. Crews will be pumping sediment from sumps in storm structures on S 270th and then 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 ) Page 9 of 9 assessing an outfall in the area of 64th Ave and S 228th for structural and water quality integrity per the National Pollutant Discharge Elimination System (NPDES) federal guidelines. They are also raising a catch basin on 38th Ave S and digging a ditch on S 254th St and a pond on 116th Ave SE. Sewer • Sewer crews are cleaning sewer lines south of S 212th St and vactor cleaning on the East Hill. They are also TV inspecting the storm system on S 212th St by camera and doing manhole maintenance at the Kent Brook Apartments for issues found during prior inspections. Fleet/Warehouse • Fleet is busy repairing season equipment such as mowers, pavers, vactors and dump truck; along with normal equipment repairs. • Warehouse staff continue CDL training, fulfilling work orders and maintaining supply levels and repairing small equipment. # # # 5.A Packet Pg. 11 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 ) Pending Approval City Council Workshop Workshop Regular Meeting Minutes June 4, 2019 Date: June 4, 2019 Time: 5:00 p.m. Place: Chambers PRESENTATIONS 1. Sound Transit Update Kelly Peterson, City of Kent Link Light Rail Liaison, provided a review of the Sound Transit Operations and Maintenance Facility South. Peterson provided an overview of the six sites that were considered for the EIS scoping. Peterson reviewed the three sites the Expansion Committee voted to move forward to the full board. Peterson indicated the next steps are: · Draft EIS - 2019-2020 · Sound Transit Board confirms or modifies options - 2020 · Final EIS - 2020-2021 · Sound Transit Board selects final site - 2021 · Design and Construction - 2021-2026 · Operations Begin - 2026 Mayor and Council expressed their appreciation of the work of Peterson and Hayley Bonsteel. Peterson provided an introduction of the Federal Way Link Extension Project. In anticipation of light rail coming to the West Hill, Kent adopted the Midway Subarea Plan. The City is working in partnership with Sound Transit on the Federal Way Link Extension project from Angle Lake to Federal Way. This extension will be 7.8 miles long, there will be three stations and three parking garages, over 36,500 projected daily riders starting in 2035. The project phases include: Planning · Alternatives development · Environmental review · Draft Environmental Impact Statement · Final EIS · Board selects project to be built · Federal agency issues Record of Decision · Design-Build contractor is selected to finish design and construction 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 2 of 4 Design (2019-2020) · Final route design · Final station designs · Procure and commission station and public art · Complete property acquisition · Clearing, grading and utility relocation work · Coordination with jurisdictions and partner transit agencies Construction (2020-2024) · Heavy Construction · Construction updates and mitigation · Safety education · Testing and pre-operations Start of Service 2024 Dan Abernathy, Executive Project Director Federal Way Link Extension Design, Engineering and Construction Management advised that Kiewit Infrastructure West was selected as the design and construction builder and that the contract has been signed. Abernathy provided details regarding the: Kent/Des Moines Station Concept · New 500 space garage · Three new, landscaped streets to promote easy access for walking, bicycling and transit · Two large plaza areas featuring landscaping, seating and public art South 272nd Street Station Concept · New 1100 space garage · Rebuilt portion of South 272nd Street improves vehicle/bus access · Improvements include a pedestrian/bicycle path to the station plaza, connections to the existing freeway bus stop and direct access to the station platform Federal Way Station Concept · New 400 space garage · Transit only bus loop for easy transfer to light rail · New street grid to provide more convenient access and potential for future development Final Design Preview · Final route design · Final station designs 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 3 of 4 · Procure and commission station and public art · Obtain land use and construction permits Construction preview · Work starting soon o Late fall/winter 2019 structure demolition and utility relocations · Spring 2020 o Clearing and grading o Tree removal o Light rail construction begins Opens in 2024 Kelly Petersen advised that the City has the Kiewit Infrastructure West proposal and it is available for review. 2. Information Technology Update Mike Carrington, Information Technology Director, provided a brief overview of tonight’s technology update. There are five divisions: Administration, Multimedia, Technical Services, Project Management Office, Technology Innovation. The Systems Services and the S&I Development divisions were merged into a single division and recently renamed as the Technology Innovation Division. Technology Innovation addresses both procurement and development of IT systems for the City. It also provides ongoing operational support. Somen Palit, Technology Innovation Manager, reviewed the Compare and Contrast Procurement vs. Development that included: Requirements gathering. The City looks for a vendor that can provide solution. If can’t' find a solution, the City's IT Department will design and build internally. Palit reviewed the Converted IT Roles of the Business Systems Analyst, Senior Applications Developer, and Senior Systems Engineer Details were provided regarding the City's available solutions that include: External Solutions · City of Kent Login Portal · Business and Occupation Tax System · Jail Inmate Lookup Service · Permit Status · Land Use Notifications · Rental Housing Registration 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 4 of 4 Internal Solutions · Giving Campaign Silent Auction · Plant Sales Upcoming External Solutions · Online Utility Payments (Q4-2019) · Business License System (Q2 - 2020) · B&O Tax System (future releases to include Utility and Gambling Taxes, 2020+) Upcoming Internal Solutions · CAO Report Automation · Advance Kent Dashboard Greg Sconce, Applications Development Supervisor, provided demonstrations on the following programs: JILS - Jail inmate lookup service · Information on the website are official public records and are disclosable Rental Housing Inspection Program/Rental Housing Registration · Register rental property that you own or live in Business License application portal - Testing phase · Resident component · Manage all Kent business licenses in one locate Utility Billing Payment Portal B&O Tax application - Testing phase · Looking to turn into a more complete tax system Palit indicated the IT Department is replacing antiquated systems. There are currently 30 active projects - 6-7 are major system replacements. Mayor and Council expressed their appreciation of the work of the IT Department. Meeting ended at 6:08 p.m. Kimberley A. Komoto City Clerk 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 J u n 4 , 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 June 4, 2019 Date: June 4, 2019 Time: 7:03 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 A. Approve the Agenda RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 4. PUBLIC COMMUNICATIONS Dennis Castillo, a senior at Kentridge High School spoke to the Council regarding his civics engagement project. A. Public Recognition 1. Employee of the Month Mayor Ralph recognized Detective Matt Lorette as the City's Employee of the Month. 2. Recognition of Scenic Hill Elementary Student Dean Rodrigues-Fale Mayor Ralph presented Dean Rodrigues-Fale, a 6th grade student at Scenic Hill Elementary, with the Mayor's Award for Citizen's Accommodation for his quick-thinking and life-saving efforts. Dean performed the Heimlich maneuver on a fellow student. 3. Proclamation for Juneteenth Day 8.A.2 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 2 of 10 Mayor Ralph presented Gwen Allen-Carston with the Proclamation for Juneteenth Day. Allen-Carston expressed her appreciation of the Proclamation and invited the public to attend the Linda Sweezer Memorial Festival and Celebration at Morrill Meadows park on June 22nd from 10 a.m. - 6 p.m. 4. Recognition of Legislators The City's lobbyist, Briahna Murray, from Gordon Thomas Honeywell Governmental Affairs provided an overview of the 2019 legislative session. The 2019 legislative session was the first year of the two-year legislative biennium and was scheduled to be a “long” session and last 105 days. The Legislature completed its work on-schedule, adjourning at midnight on the 105th day. There were 2,208 bills introduced during the first year of the biennium and 481 passed the Legislature, or roughly 22%, which is slightly higher than the historical rate. In addition to all the bills the Legislature considered, they enacted three biennial budgets: operating, capital and transportation. Continue Streamlined Sales Tax Mitigation Payments: The City of Kent’s top legislative priority was to continue streamlined sales tax mitigation payments. Fortunately, the Legislature heeded this request and the 2019-21 operating budget continues to provide streamline sales tax mitigation payments in a similar manner as in recent years and are scheduled to continue through June 30, 2023. Capital Funding to complete the Mill Creek Flood Plain Stabilization: In previous legislative sessions, the City of Kent received $2 million for the Mill Creek Flood Plain Stabilization project. The City of Kent received an additional $1 million in capital funding to complete the Mill Creek Plain Stabilization Project along 76th Avenue to improve a salmon-bearing stream and protect against flooding in an area that is home to 5,800 businesses. Transportation Funding for 224th: The City of Kent requested $2 million in the 2019-21 transportation budget to complete 224th phase 2. $1.5 million was included to complete 224th phase 2, which completes the Veteran’s Drive/228th Street Corridor - a project decades in the making to provide a key east-west connection to move regional traffic through the City of Kent. Authorizing Tolling and Accelerating the Completion of SR 509: The City of Kent supported authorizing tolling on SR 509 or the “Puget Sound Gateway project” to generate the $180 million in toll revenue that was assumed in the 2015 Connecting Washington transportation package. Additionally, the City supported efforts to complete the project sooner than the scheduled 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 3 of 10 completion date of 2031. To accelerate the project, the Legislature needed to authorize bonding toll revenue collected the corridor. The Legislature authorized tolling to generate $180 million that was assumed in the Connecting Washington package to complete the Puget Sound Gateway project, which includes State Routes 509 and 167 to provide essential connections to the Ports of Tacoma and Seattle for improved freight movement and congestion relief. Pilot Program to Address Street Racing: The City partnered with a start-up technology company to request transportation budget proviso language to authorize the Washington Traffic Safety Commission to oversee a pilot program authorizing up to three cities to utilize new technology to automatically issue tickets to vehicles with modified exhausts in Stay Out of Areas of Racing (SOAR). The Legislature approved a pilot program to utilize automated noised detection technology to deter street racing. Now, the City will need to work with the Washington Traffic Safety Commission and the technology vendor to begin implementing the pilot program. Murray indicated this was her first legislative session advocating for the City of Kent. Murray expressed her appreciation of the Mayor and Councilmembers for advocating for the City's priorities. Murray and Mayor Ralph expressed their appreciation of the work of Senator Karen Keiser - of the 33rd District, Representative Mia Gregerson of the 33rd District, and Representative Tina Orwall of the 33rd District. B. Community Events Council President Boyce provided an update on past and upcoming events at the accesso ShoWare Center. Councilmember Fincher invited the public to attend the F ree Summer Sweat Series with the Kent YMCA at Morrill Meadows Park: on the Green on July 13 th from 9 a.m. - 11 a.m. Fincher advised of the Kent YMCA hiring job fair that will be held at Kent Commons on June 8th from 1 - 4 p.m. Fincher advised of the Metro Transit Orca Card program, the Kent Parks and Recreation Summer Program Guide, the Juneteenth Celebration and the Adaptive Recreation participants that will participate in the event at Century Link Field on June 12th. Mayor Ralph invited the public to attend and support the American Cancer Society’s 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 4 of 10 Relay for Life that will be held on June 7th, starting at 6 p.m. at French Field. 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF Mayor Ralph provided an update on the Sound Transit Operations and Maintenance Facility. The City was successful in getting Kent’s Transit Oriented Development site removed from consideration. Mayor Ralph attended the Puget Sound Regional Council General Assembly meeting that heard a presentation on Vision 2050. Mayor Ralph provided information on her recent visit to Farrington Court to celebrate Hazel Simpson's 105th birthday. Mayor Ralph expressed her appreciation for the opportunity to speak to Denisha Saucedo’s 6th grade class at Kent Elementary. Council President Boyce provided a recap of tonight's two workshop presentations: Sound Transit Operations and Maintenance Facility, Federal Way Link Extension and the Information Technology Update. Councilmember Troutner serves on the Sound Cities Association Regional Law, Safety and Justice Committee. During the May 23rd meeting there was a presentation on the Law Enforcement Arrest Diversion program that is being started by the City of Burien. The City of Lake Forest Park is implementing the Response, Awareness, De-escalation, and Referral. Both are similar programs - take people that have committed low-level crimes and connect them with resources. There is a component of accountability for use of services. Councilmember Troutner chairs the City’s Public Safety Commi ttee that will meet on June 11th. There is a Coffee with the Chief event on June 9th at 5 p.m. at Coffee on Fourth. Councilmember Fincher serves on the Sound Cities Association King Conservation District Councilmember Higgins chairs the City’s Public Works Committee that met on June 3rd. Details can be found in the minutes at KentWA.gov. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governance Board that will meet on June 19 th at 5:30 p.m. at Station 78 in Covington. Councilmember Thomas chairs the City’s Operations Committee that met today. The details regarding the meeting can be found in the minutes at KentWA.gov. A. Chief Administrative Officer's Report Derek Matheson, Chief Administrative Officer advised his written report is available in today’s agenda packet. There is an Executive Session regarding collective bargaining this evening that is expected to last 10 minutes with no action anticipated after the session. 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 5 of 10 6. PUBLIC HEARING Mayor Ralph advised that we will now hol d a public hearing on the Transit Operations and Maintenance Facilities Zoning Ordinance. This is a public hearing. There will be a presentation by staff, and afterwards, the public will be permitted to provide comment and testimony. If any member of the public wishes to testify on this matter, please sign up with the Clerk at the front table. Mayor Ralph opened the public hearing for the Transit Operations and Maintenance Facilities Zoning Ordinance. Senior Long-Range Planner, Hayley Bonsteel provided the staff presentation that included details on the original ordinance, why it was passed and why it is good policy to adopt a permanent zoning ordinance at this time. Bonsteel indicated that the City is still facilitating transit coming to Kent and that b us stops are not included in the ordinance. There are no amendments to industrial zoning included in this ordinance because the Rally the Valley Subarea Plan is going on right now and is taking a holistic look at industrial zones. Based on what the City knows about operations and maintenance facilities - they are very large, not a lot of passenger interest, passing this zoning code amendment is in Kent's best interest while we welcome transit. Bonsteel indicated that Kent's community, elected officials, and staff take planning efforts seriously - it is respected and is valuable. Bonsteel expressed appreciation of the Council for supporting planning efforts. There were no public comments. There we no comments from the Mayor or Councilmembers. A. Move to Admit the May 31, 2019, letter from King County Metro into the record. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher B. Move to Close the Public Hearing 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 6 of 10 RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher C. Transit Operations and Maintenance Facilities Zoning Ordinance MOTION: Adopt Ordinance No. 4325, amending title 15 of the Kent City Code by adding definitions for transit facilities, specifying that transit operations and maintenance facilities are permitted only in the CM-2 District, and repealing interim zoning Ordinance No. 4305. RESULT: ADOPTED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 7. PUBLIC COMMENT There were no public comments. 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 - May 21, 2019 5:00 PM 2. City Council Meeting - City Council Regular Meeting - May 21, 2019 7:00 PM B. Payment of Bills MOTION: Approve the payment of bills received through April 30, 2019 and paid on April 30, 2019 and approve the checks issued for payroll for April 16, 2019 - April 30, 2019 and paid on May 3, 2019, and audited by the Operations Committee on May 21, 2019. C. Lodging Tax Grant Awards 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 7 of 10 MOTION: Authorize the Mayor to award the business and leisure tourism promotion grants as recommended by the Lodging Tax Advisory Committee. D. Medic One/Emergency Medical Services Levy Resolution - Adopt MOTION: Adopt Resolution No. 1983, indicating the City of Kent’s approval of the countywide ballot proposition to provide stable and long-term funding for the countywide Medic One / Emergency Medical Services system. E. Interlocal Agreement with King County Flood Control District for Signature Pointe Levee - Authorize MOTION: Authorize the Mayor to sign an Interlocal Agreement between the City of Kent and the King County Flood Control District regarding the acquisition of property and reimbursement of the City’s costs and expenses for the Signature Pointe Levee Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. Accept the Lake and Walla Properties Demolition Project as Complete MOTION: Authorize the Mayor to accept the Lake and Walla Properties Demolition Project as complete and release retainage to Skycorp, Ltd., upon receipt of standard releases by the State and the release of any liens. 9. OTHER BUSINESS City Attorney, Pat Fitzpatrick provided the following information: This is Agenda Item 9.A. You are being asked to consider the Midway Mobile Mansions Rezone Ordinance. This is a quasi -judicial matter. If this ordinance passes, the property will be rezoned from Mobile Home Park to a combination of Midway Transit Community-1 to the west and Midway Commercial/Residential for the remainder. The property subject to this rezone is located at 24426 Pacific Highway South in Kent. An open record hearing regarding this rezone was scheduled before the City’s hearing examiner. People owning property within 300 feet of the subject property were notified of the hearing, the property was posted with notice of the hearing, notice was posted in the newspaper, and notice was sent to public agencies. The hearing was held on May 1, 2019, and there was no opposition to the rezone of this property. Staff recommended approval and on May 21, 2019, the Hearing Examiner recommended the rezone be approved. The matter is not before you for consideration of the adoption of the ordinance. Because this is an issue of changing the zoning on a specific parcel of property, this 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 8 of 10 is a quasi-judicial matter. In your quasi-judicial capacity tonight, you act as a panel of judges determining the rights of property owners. The appearance of fairness doctrine applies to your actions as a quasi -judicial panel. The appearance of fairness doctrine is set forth in the Revised Code of Washington, and is established to ensure that you, the decision-makers, are impartial and free from improper influences. To ensure this, we need to establish the record that you are qualified to fairly consider this matter. As a result, I have a number of questions for you, and one question for the audience as follows. 1. Does any member of the council have knowledge of having conducted business with the proponents or opponents of this rezone? (applicant/owner = 1997 Midway Group LP (Cristina Dugoni - Registered Agent)). No councilmembers repl ied in the affirmative. 2. Does any member of the council have either a financial or non-financial interest in the outcome of this proceeding? No councilmembers replied in the affirmative. 3. Does any member of the council know whether or not his/her employer has a financial interest in this matter, or has an interest in the outcome of this proceeding? No councilmembers replied in the affirmative. 4. Does any member of the council live or own property within 300 feet of the property which is the subject of this proceeding? No councilmembers replied in the affirmative. 5. Other than what was established in the record that is in the council agenda, does any member of the council have any special knowledge of the substance or merits of this proceeding which might cause the council member to prejudge the outcome? No councilmembers replied in the affirmative. 6. Does any member of the council believe that he or she cannot consider this matter fairly and impartially? No councilmembers replied in the affirmative. 7. For the audience, if any member of the audience has a lawful basis to ask for the recusal of a council member due to the 'Appearance of Fairness Doctrine,' please state the name of the council member and the reason you believe the member should be disqualified. No members of the audience replied. The record has been established that you are qualified to consider this quasi -judicial matter. Staff member will make a presentation. Remember that the hearing has already occurred. In your packet is the decision of the hearing examiner and the exhibits that were considered. You are being asked tonight to approve the rezone based on that record as recommended by the hearing examiner. Jason Garnham, Senior Planner with Economic and Community Development provided the staff presentation. Midway Mansions Mobile Rezone is a request by the property owner to rezone from MHP to MTC-1 and MCR. Mobile home park zoning only permits the use of this site for mobile home parks. MTC-1 and MCR allow a wide variety of retail, office and residential use of the site. The Comp plan land use plan map designation is TOC - Transit Oriented Community 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 9 of 10 that was put in place in 2011 following the adoption of the Midway Subarea Plan. The applicant prepared a relocation plan and they stated there are no immediate plans to close or redevelop the mobile home park. City approval of a relocation plan is required before the property owner can issue the 12-month eviction notices to the residents. The City will require submittal and approval of a new relocation plan if the owner wishes to close or redevelop the mobile home park. There are five criteria for rezone approval in the Kent City Code. Both staff and the Hearing Examiner reviewed the application for compliance with those five criter ia. After an open record hearing, the Hearing Examiner recommended approval of the rezone. Fitzpatrick advised that whether or not the property owner intends to relocate, or sell is not legally relevant to approve the decision regarding the rezone. As a property owner they have the ability to come to City staff to ask for a rezone and if the rezone is in compliance with Kent City Code, then that is the issue that should be considered. Fitzpatrick provided information on state required relocation assistan ce and compliance with the safety codes: fire, plumbing, etc. Garnham advised that the Kent City Code contains requirements for relocation and subsequent eviction notices. The 12-month eviction notices are required and linked to state law. The notices cannot be issued until the City authorizes it via approval of a final relocation plan. In this case, the final relocation plan has not been issued. Mayor advised that the eviction topic will be discussed during an upcoming Parks and Human Services Committee meeting. Garnham indicated the City's Parks and Human Services Divisions reviewed the relocation plan that was submitted with this rezone application and an approval memo was issued. Councilmember Higgins indicated in 2011, the Midway Subarea Plan was passed and at that time the Comp Plan designation for this area was changed, but the property related to this rezone was left unchanged. In 2011, the Council envisioned the entire area that was designated in the Comprehensive Area Plan would become part of the Transit Oriented Community. This rezone is consistent with that decision that was made by the Council in 2011. Garnham advised of the zones that are allowed in the Midway Subarea Plan. A. Midway Mobile Mansions Rezone Ordinance (QUASI-JUDICIAL) - Adopt MOTION: Ordinance No. 4326, adopting the Findings, Conclusions, and Recommendation of the Hearing Examiner on the Midway Mobile Mansions rezone application and to adopt approving the Midway Mobile Mansions Rezone from MHP to MTC-1 and MCR. 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 J u n 4 , 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 June 4, 2019 Kent, Washington Page 10 of 10 RESULT: ADOPTED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 10. BIDS None 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION The Council convened into Executive Session at 8:11 p.m. At 8:21, Derek Matheson extended Executive Session for an additional 10 minutes At 8:30 p.m. the Council reconvened into regular session A. Collective Bargaining, RCW 42.30.140(4)(a) 12. ADJOURNMENT With no action following Executive Session the Mayor adjourned the meeting. Meeting ended at 8:32 p.m. Kimberley A. Komoto City Clerk 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 J u n 4 , 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: June 18, 2019 TO: Kent City Council SUBJECT: Payment of Bills - Approve MOTION: Approve the payment of bills received through 5/15/19 and paid on 5/15/19, and approve the checks issued for payroll 5/1/19-5/15/19 and paid on 5/20/19, and audited by the Operations Committee on 6/4/19. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Payment of Bills (PDF) 8.B Packet Pg. 26 Audited by the Operations Committee on -- 6/4/2019 *Approval of payment of the bills received through-----05/15/19 and paid 05/15/19 Approval of checks issued for Vouchers: Date Amount 05/15/19 Wire Transfers 7895 7910 $2,455,432.47 05/15/19 Regular Checks 734787 735189 $6,289,003.09 05/15/19 Payment Plus 101380 101392 $59,844.69 Void Checks ($1,730,269.92) 05/15/19 Use Tax Payable $5,415.85 $7,079,426.18 Manual Entry to correct voided/cashed check $207.99 $7,079,634.17 Approval of checks issued for Payroll:5/1/19-5/15/19 and paid 5/20/2019 Date Amount 5/20/2019 Checks 0 Voids and Reissues 5/20/2019 Advices 429635 430538 $1,855,949.32 $1,855,949.32 Document Numbers Document Numbers CPittman 6/12/20199:27 AM CLK060719.xls 8.B.a Packet Pg. 27 At t a c h m e n t : P a y m e n t o f B i l l s ( 1 8 2 3 : P a y m e n t o f B i l l s - A p p r o v e ) DATE: June 18, 2019 TO: Kent City Council SUBJECT: Federal Way Link Extension City Services Agreement Task Order Number 2 - Authorize MOTION: Authorize the Mayor to sign all documents necessary to execute Task Order 2 to the City Services Agreement between the City of Kent and Sound Transit for City Services and Costs related to the Federal Way Link Extension Project Review and Permitting subject to final terms and conditions acceptable to the Chief Administrative Officer and City Attorney. SUMMARY: The City of Kent and Sound Transit have been working cooperatively for many years to prepare for the construction of the Federal Way Link Extension project. The City and Sound Transit approved a Development Agreement in 2018 that identified project location, project elements, station design, development of surplus property, development standards and the design review, permitting and inspection processes. This Task Order provides funding to fulfill objectives identified in the Development Agreement. To date, City staff time, including drafting of the Development Agreement noted above, has been reimbursed through Task Order #1 to the City Services Agreement approved in 2017. With the Limited Notice to Proceed issued to Sound Transit’s approved contractor, the Federal Way Link Extension Project is entering the design- build phase. Task Order #2 to the Agreement provides reimbursement of staff time and fees for the following phases: 1) Post-Notice to Proceed Design Review; 2) Early Construction; 3) Heavy Construction; 4) Systems / Rail Activation; and 5) Project Closeout. Sound Transit will pay the City a fixed fee in the amount of $335,000 per quarter with a total amount of $6.7 million for staff time and fees related to the Federal Way Link Extension Project. Payments will be made on a quarterly basis as noted in Attachment 3 with payments beginning in the 3rd Quarter of 2019 and the last payment due the second quarter of 2024. The final payment shall be due with the completion of construction inspection activities, resolution of punch list items and certificates of occupancy being issued. No additional Task Orders are expected for this project. BUDGET IMPACT: $6.7 million in revenue. 8.C Packet Pg. 28 SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services ATTACHMENTS: 1. AE 0044-12 FWLE City of Kent Task Order 2 and Attachment 1 (PDF) 2. AE 0044-12 City of Kent Task Order 2 Attachment 2 Preliminary Permitting Plan (PDF) 3. AE 0044-12 City of Kent Task Order 2 Attachment 3 Milestones (PDF) 4. Executed City Services Agreement (PDF) 06/04/19 Operations Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 6/18/2019 7:00 PM MOVER: Dennis Higgins, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Les Thomas, Bill Boyce, Dennis Higgins 8.C Packet Pg. 29 Final Rev – May, 23 2019 Task Order 2 Page 1 GA 0183-17 CITY SERVICES AGREEMENT (GA 0183-17) BETWEEN THE CITY OF KENT AND SOUND TRANSIT FOR CITY SERVICES AND COSTS RELATED TO FEDERAL WAY LINK EXTENSION PROJECT REVIEW AND PERMITTING Task Order 2: Pre-Construction and Construction Services Support (through project close-out) This Task Order is issued under the City Services Agreement between the City of Kent and Sound Transit for City Services and Fees related to Federal Way Link Extension (FWLE) Project Review and Permitting dated August 25, 2017. This Task Order establishes the scope, schedule, and budget, including staffing and permitting fees, through Project construction and close-out (anticipated to occur in 2024). The City agrees to perform the Services in the manner set forth in this Task Order. The terms and conditions of the City Services Agreement are incorporated into this Task Order unless expressly modified below. This Task Order shall be effective as of the date signed by Sound Transit. Project Description. This Task Order covers city work and fees during the Post-NTP Design Review / Early Construction, Heavy Construction, and Systems / Rail Activation / Project Closeout Phases. City involvement will inlcude a City Project Liaison (as variously described in Design Build Contractor documents and in the City’s Development Agreement with Sound Transit) and other staff whose role it will be to expedite processes related to Design Build Project delivery, including design review, permitting, and inspection. Attachment 1: Task Order Scope of Work (Pre-Construction and Construction Services Support) Attachment 2: Project Preliminary Permitting Plan Attachment 3: Achievement Milestones and Payment Plan The parties have agreed to the terms of this Task Order by signing below. For the City ______________________________________ Signature ______________________________________ Title ______________________________________ Date Approved as to Form: ______________________________________ City Attorney For Sound Transit ______________________________________ Signature ______________________________________ Title ______________________________________ Date Approved as to Form: ______________________________________ Sound Transit Legal Counsel 8.C.a Packet Pg. 30 At t a c h m e n t : A E 0 0 4 4 - 1 2 F W L E C i t y o f K e n t T a s k O r d e r 2 a n d A t t a c h m e n t 1 ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k Task Order 2 Attachment 1 GA 0183-17 Page 1 Task Order 2 - Attachment 1 Pre-Construction and Construction Services Support: Scope of Work Overview. The scope of this Task Order 2 identifies City tasks associated with preparations for issuance of the Design-Build (D-B) Contractor Notice-to-Proceed (NTP), final design, permitting, heavy construction and Project close-out (anticipated to occur in late 2024), as well as all permitting and approvals. Task Order 2 covers this extent of time and range of tasks in order to provide certainty and predictability to both the City and Sound Transit with respect to clarifying workload and cash flow payments, expeditiously conducting Project reviews, permitting and ensuring Project delivery within the lifetime budget. Total Compensation for City Services. Sound Transit will pay the City a fixed fee in the total amount of six-million-seven-hundred-thousand dollars ($6.7 million) for City costs associated with the scope of this Task Order 2. Payments will be made on a quarterly basis as noted in the Attachment 3 This payment shall be inclusive of: Permitting: All permit fees, approvals and related costs. The City agrees that it will not separately charge Sound Transit additional permit or approval-related fees. The scope of this Task Order 2 includes City activities necessary to facilitate all permits and approvals required for completion of the FWLE Project. The Parties have developed a Preliminary Permitting Plan which identifies anticipated permits and is included as Attachment 2 to this Task Order. The Plan includes timelines and milestones for City review and approval of Project permit submittals. Sound Transit’s D-B Contractor will further refine and finalize the Preliminary Permitting Plan to create a Final Permitting Plan, that will be reviewed and approved by the City as detailed in the executed Development Agreement between Sound Transit and the City. The Final Permitting Plan will provide a framework that supports approval of construction permits within mutually agreed upon timeframes that support the overall Project schedule. Staffing: All staffing related costs necessary to support the overall project schedule and as detailed in this Task Order. Staffing is required to support the following three phases. Phase 1: Design Review / Early Construction: This phase covers staffing services from the time of issuance of D-B Contractor NTP until the start of heavy construction (i.e., when the design review and permitting processes are substantially complete), which is estimated to occur in February 2020. Phase 2: Heavy Construction: This phase covers staffing services through the entirety of the heavy construction phase, which is estimated to begin in March 2020 and to conclude in March 2023. Phase 3: Systems / Rail Activation / Project Closeout: This phase covers staffing services from the conclusion of heavy construction until the following three conditions are met: 1) construction inspection activities end, 2) punch list items are accepted via a letter from the City, and 3) building inspection services end and the last Certificate of Occupancy is issued. Costs of permitting will be paid to the City in quarterly installments and are reflected in the respective payment estimates below. 8.C.a Packet Pg. 31 At t a c h m e n t : A E 0 0 4 4 - 1 2 F W L E C i t y o f K e n t T a s k O r d e r 2 a n d A t t a c h m e n t 1 ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k Task Order 2 Attachment 1 GA 0183-17 Page 2 Invoicing and Payment. Payments will be made to the City under this Task Order 2 as follows: Staffing and Permitting Costs: Sound Transit shall pay the City a fixed fee of six-million-seven- hundred-thousand dollars ($6.7 million) to cover all staffing, permitting and related costs. This shall be paid to the City in twenty (20) equal payments of three-hundred and thirty-five thousand dollars ($335,000) for work begining in Q3 2019. A total of nineteen (19) payments will be paid within 30 days of submission for work completed in the previous quarter, starting in Quarter 4 2019 and ending in Quarter 2 2024. The final installment (20th of 20) will be made payable upon achievement of the following: 1) construction inspection activities end, 2) punch list items are accepted via a letter from the City, and 3) building inspection services end and the last Certificate of Occupancy is issued. If completion of these items occurs later than Q2 2024, payment will be made 30 days after completion of the items. The payment plan is captured in Attachment 3. City Progress Reports : The City shall submit to Sound Transit quarterly progress reports and an invoice for the quarterly payment as described above. Progress reports will include a description of services provided by the City during the payment period, focusing on progress made and work completed toward agreed upon activities and milestones identified in Attachments 3, and shall use Attachment 4 for the progress reports. Hourly Records: The City will not be required to submit records of hourly staff time spent on the project, as the payment is based on the City meeting agreed upon activities and milestones. Scope of Work. A. Project Management and Administration. A.1. Management and Administration. The key purpose of this task is to provide accurate and timely project administration and production of quality work products to allow for Sound Transit’s design and construction of the Project. This task will be continuous throughout the duration of this Task Order (which extends through Project closeout – anticipated based on current schedule to be in 2024) and includes the work necessary to set up and participate in meetings, design reviews, construction progress meetings, monthly or quarterly invoicing, monitoring and reporting progress, and providing overall Project coordination. The Parties anticipate that work plans will be developed as the Project proceeds to provide greater specificity on tasks and durations of activities, which will allow for the flexibility needed to respond to the D-B construction process. These work plans may be produced for milestone phases, on an annual or other basis as mutually agreed by the Parties. Deliverables Provide quarterly invoicing and progress reporting and ongoing project management activities. Develop and/or refine, in collaboration with Sound Transit, annual or milestone City work plans detailing City support to be provided to the Project. A.2. City Project Liaison. The key purpose of the City Project Liaison is to participate in and facilitate the intensive coordination with Sound Transit required to deliver the FWLE Project. The City Project Liaison will be colocated at least 50% of the time at the project office. This Task Order presumes that the City Project Liaison position will be funded by Sound Transit at 100% of an FTE. Given the mutual interests of both Sound Transit and the City in ensuring the City Project Liaison is qualified and effective in 8.C.a Packet Pg. 32 At t a c h m e n t : A E 0 0 4 4 - 1 2 F W L E C i t y o f K e n t T a s k O r d e r 2 a n d A t t a c h m e n t 1 ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k Task Order 2 Attachment 1 GA 0183-17 Page 3 discharging their duties, the City shall consult with Sound Transit on the best-qualified candidate should this position need to be refilled. Deliverables Colocation of City Project Liaison Provide a job description for the City Project Liaison. Select the best-qualified candidate for the position. A.3. Coordination and Communication. The key purpose of coordination and communication during all phases is to participate with Sound Transit to effectively deliver the Project. Activities include participating in project coordination meetings and preparing for and/or following up on key topics to advance resolution of issues that may arise during delivery of the Project. Deliverables Attend Sound Transit project coordination meetings. B. Phase 1: Design Review / Early Construction. B.1. Over-the-Shoulder Design Review. The key purpose of this task is for the City’s Project Liaison to participate in the design review process, working closely with Sound Transit and Sound Transit’s D-B Contractor to ensure timely review of D-B Contractor designs and materials and resolution of identified issues and to include appropriate city subject matter experts when applicable. This process will be ongoing throughout the Design Review process. It is anticipated that the City Project Liaison will be co- located (at least part-time) at the Project office during this phase, and through Project heavy construction, and their primary function will be to identify and resolve issues with Sound Transit, the D- B Contractor and other city staff to support the design process and development of plans that satisfy the City’s permitting requirements. Deliverables Co-location of City Project Liaison at Sound Transit’s construction project office, with the amount of time spent to be determined based on Project workload. Attend construction progress and other meetings. Participate in resolving issues resulting from review of D-B Contractor design submittals. B.2. Review of D-B Contractor Submittals. As part of this task, the City will participate in Sound Transit’s review of D-B Contractor design submittals, pursuant to commitments made in the City’s Development Agreement and as part of fulfilling commitments for expeditious Project permitting. Close coordination, through regularly scheduled meetings referenced in Section A.1 of this Task Order and additional meetings as needed, will be necessary to advance, review and communicate issues with the City and to seek feedback or concurrence from the City. The City will be responsible for performing reviews of document submittals and returning unified and coordinated comments from all relevant City departments within a timeframe mutually agreed upon with Sound Transit. If for any reason the City requires additional review time, the City will notify Sound Transit as soon as possible. Deliverables Provide consolidated and coordinated comments on D-B Contractor Design submittal packages, consistent with the D-B Contractor’s final Project Permitting Plan. 8.C.a Packet Pg. 33 At t a c h m e n t : A E 0 0 4 4 - 1 2 F W L E C i t y o f K e n t T a s k O r d e r 2 a n d A t t a c h m e n t 1 ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k Task Order 2 Attachment 1 GA 0183-17 Page 4 Review and submission of consolidated comments on other D-B Contractor submittals, including but not limited to: o Transportation Management Plan o Maintenance of Traffic Plan(s) o Construction Noise and Vibration Mitigation Plan o Construction Outreach and Communication Plan B.3. Review/ Approve D-B Contractor Final Permitting Plan. The City will participate in the development, review, and approval of a Final Permitting Plan submitted by Sound Transit’s D-B Contractor. The Plan will include City commitments for timely and expedited review of design and permit submittal packages. Deliverables Submit consolidated and coordinated comments on D-B Contractor draft Project Permitting Plan. Work in good faith to resolve comments on draft Project Permitting Plan. Approve final D-B Contractor Project Permitting Plan. B.4. Permitting Early Work. There will likely be activities during this phase requiring the issuance of City permits. The following activities are currently anticipated. B.4.1. Permitting for Early Demolition. Sound Transit began the process of acquiring property needed for Project construction and operation in 2017. Some of the properties being acquired in the City have structures that will require demolition as part of D-B Contractor activities. The key purpose of this activity is to coordinate on the demolition permitting process. Deliverables Support process to expedite review of permits required for demolition activities consistent with the final Project Permitting Plan. B.4.2. Permitting for Early Foundation Construction. Under this task, City staff will work with Sound Transit and its D-B Contractor to review and permit early work installing structural and other foundations in advance of heavy construction. Deliverables Support process to expedite review of permits required for installation of structural and other foundations consistent with the final Project Permitting Plan. B.4.3. Permitting for Clearing and Grading. Under this task, City staff will work with Sound Transit and its D-B Contractor to review and permit early work for clearing and grading the Project area in advance of heavy construction. Deliverables Support process to expedite review of permits required to begin clearing and grading work consistent with the final Project Permitting Plan. 8.C.a Packet Pg. 34 At t a c h m e n t : A E 0 0 4 4 - 1 2 F W L E C i t y o f K e n t T a s k O r d e r 2 a n d A t t a c h m e n t 1 ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k Task Order 2 Attachment 1 GA 0183-17 Page 5 B.5. Early Utility Relocation. City staff will work with Sound Transit and its D-B Contractor to review and approve plans for early work to relocate utilities in advance of Project heavy construction. Deliverables Expedited review and approve early utility relocation plans and submittals consistent with City of Kent Design and Construction Standards. B.6. Stormwater Coordination. Under this task, City staff will work with Sound Transit and its D-B Contractor to review and approve design of stormwater infrastructure constructed as part of the Project. Deliverables Expedited review and approval of infrastructure that will be constructed as part of the Project to manage stormwater consistent with the final Project Permitting Plan. C. Phase 2: Heavy Construction. C.1. Permitting. Consistent with the Final Project Permitting Plan, developed during the early construction phase, the City will provide timely review in processing of D-B Contractor permit submittals in a way that supports the design/build construction approach and the overall construction schedule. Deliverables Expedited review and approval of permits as issued to Sound Transit’s D-B Contractor for Project construction consistent with the final Project Permitting Plan. C.2. Design Review of Change Orders. As part of this task, City staff will review change orders, as requested by Sound Transit, that affect City rights-of-way or for which the City may have permitting authority. The City will review and approve changes to permits if change orders result in a change to permit approvals. All change orders must be consistent with City codes and/or all other applicable agreements between Sound Transit and the City of Kent. Deliverables Provide review and input into Project Change Orders, as requested by Sound Transit. Submit consolidated and coordinated comments on Project Change Orders to Sound Transit on a timeline mutually agreed to and based on the magnitude of the Change Order proposed, provided changes are consistent with City code and all applicable agreements. C.3. Project Inspection. The reimbursement of City staff time for Project inspection activities will focus on all infrastructure constructed as part of the Project except for those portions of the guideway structure beyond column foundations within the City right-of-way, to support the process of acceptance discussed under Section E. The following categories have been identified for City inspection services and should be used by the City for the purposes of administration and invoicing. C.3.1. Civil Inspection C.3.2. Tree Replacement / Landscaping Inspection C.3.3. Stormwater Inspection 8.C.a Packet Pg. 35 At t a c h m e n t : A E 0 0 4 4 - 1 2 F W L E C i t y o f K e n t T a s k O r d e r 2 a n d A t t a c h m e n t 1 ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k Task Order 2 Attachment 1 GA 0183-17 Page 6 C.3.4. Mechanical Inspection C.3.5. Building Inspection C.3.6. Structural Inspection C.4. Utility Relocation. During this phase, City staff will be asked to review and approve relocation plans for utilities owned by the City and/or private utilities located on City property or within public rights-of- way. The City will work with Sound Transit and its D-B Contractor to provide timely review of plans submitted and to perform site inspection activities as warranted. Review, approve, and inspect, as needed, utility relocation plans and submittals. C.5. Fire/Life/Safety Coordination. Puget Sound Regional Fire staff, contracted by the City, will review for fire/life/safety issues as they relate to Project design and construction. Deliverables Review and provide consolidated input and comments on Project issues as they relate to Fire/Life/Safety. C.6. Maintenance of Traffic and Transportation. Under this task, City staff will review and approve maintenance of traffic (MOT) and other plans for temporary traffic controls proposed by Sound Transit’s D-B Contractor. Deliverables Attend MOT and other meetings to discuss maintenance of traffic and transportation. Review and approve MOT submittals provided by Sound Transit’s D-B Contractor. C.7. Right-of-Way (ROW). The purpose of coordination between the City and Sound Transit during this phase is to track and facilitate the process of required vacation of City rights-of-way and the dedication and recordation of property transfers that may be made between the Parties. Deliverables Coordinated vacation of public rights-of-way. Recordation of property transfers. D. Phase 3: Systems / Rail Activation / Project Closeout. D.1. Fire/Life/Safety Inspection. In this task, Puget Sound Sound Regional Fire Authority, under contract to the City of Kent, will inspect structures and other elements constructed as part of the Project to ensure that fire, life, and safety measures are certified, as appropriate, documenting their incorporation into the Project. D.2. Noise Monitoring / Testing. The City will be informed of the opportunity to review any noise analysis and/or testing through over-the-shoulder review and formal submittal of design packages related to the construction of noise wall or other mitigations to minimize LRT-generated noise. 8.C.a Packet Pg. 36 At t a c h m e n t : A E 0 0 4 4 - 1 2 F W L E C i t y o f K e n t T a s k O r d e r 2 a n d A t t a c h m e n t 1 ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k Task Order 2 Attachment 1 GA 0183-17 Page 7 D.3. Acceptance of City Project Infrastructure. In this task, the City will work with Sound Transit construction staff to appropriately document the acceptance of City infrastructure constructed as part of the Project. D.4. Certificates of Occupancy. The City will work with Sound Transit to ensure timely issuance of certificates of occupancy required for Project infrastructure, including LRT stations, parking garages, and other occupied structures. Deliverables Punch list items are accepted via a letter from the City. Building inspection service ends and the last Certificate of Occupancy is issues as appropriate. Acceptance of record drawings. 8.C.a Packet Pg. 37 At t a c h m e n t : A E 0 0 4 4 - 1 2 F W L E C i t y o f K e n t T a s k O r d e r 2 a n d A t t a c h m e n t 1 ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k Packaging by D-B Contractor (Proposed Changes/60%/90%)Elements for Milestone Review City Department/Division*# of Milestone Submittals Total Plan Sheets per Milestone Submittal Mutually Agreed Upon Maximum Estimated Turnaround Time Per Submittal (Calendar Days) Package by Geographic Area Demolition Building 15-45 2-5 7 days Package by Geographic Area Civil (Walls, Road, Grading)Civil 3-15 10-90 30 Package by Geographic Area Utilities Civil 5-10 5-30 30 Package by Geographic Area Column Foundations Civil 1-10 5-20 30 Package by Geographic Area Track TBD 1-5 15-50 N/A - courtesy Package by Geographic Area Landscaping Civil 1-5 5-30 30 Each Station Station (includes foundations)Building 2-10 60-120 30 Each Station Garage (include foundations)Building 2-10 60-120 30 Package by Geographic Area Columns Structural 1-10 5-10 N/A - courtesy Systems System System 1-5 15-75 N/A - courtesy Station, Garage, Bridges Midway Design Review (60%/100% package only)Planning 3-5 10-20 30 * D-B will work with City Liaison to identify specific areas requiring resolution for each package and create a cover sheet of contents prioritized to focus City review. Permit City to Inspect (Yes/No)City Department/Division # of Permits Mutually Agreed Upon Maximum Estimated Turnaround Time Per Permit (Calendar Days) Demolition Permits Yes Civil 15-45 7 Traffic Control Plans (haul routes)Yes Civil 1-5 10 Grade and Fill Permit (includes foundation work area)Yes Civil 5-15 30 Civil Construction Permit - foundations in ROW Yes Civil 4-8 30 Civil Construction Permit - landscape in ROW Yes Civil 1-4 30 Civil Construction Permit - utilities Yes Civil TBD 10 Building Permit - TPSS foundation Yes Building 1-2 14 Building Permit - Walls Yes Building 1-12 30 Civil Construction Permit - civil improvements Yes Civil 4-6 30 Civil Construction Permit - station/ garage landscape Yes Civil 2-6 21 Building KDM garage Yes Building 2-6 60 Building KDM station Yes Building 2-6 60 Building 272nd garage Yes Building 2-6 60 Building 272nd station Yes Building 2-6 60 Building permit - garage/station foundations Yes Building 2-6 21 Mechanical Permits Yes Civil 2-6 21 Plumbing Permits Yes Civil 2-6 21 Fire Permits Yes Civil 3-8 14 Sign Permit Yes Civil 1-10 14 Electrical (TPSS feed)No N/A 1-4 14 Noise Variance for nighttime work Yes Civil 0-15 7 Notes 1. The above permits, packages, sizes and durations are a guideline and meant to further inform discussions between the D-B and AHJ. 2. If the Design-Build team's plan and packaging approach is generally within the limits shown above, the review turn around times will be met by the AHJ. Design-Build team will propose a permit plan. The plan may separate packages by geographic areas, by station, and/or by discipline. 3. Design-Build team to obtain approval of the final permit plan from AHJ. 4. Submittal frequency assumes minimum 2 working days between all AHJ submissions (minimum 7 working days between Thanksgiving and Christmas); minimum 3 working days required between submissions to the same city department/division. 5. Turnaround time is defined as the time from submission of a complete submittal and/or permit to the AHJ to the return of submission and/or permit (typically with comments) to the Design-Build team by AHJ. Duration excludes day of submission. 6. The commitment for timing of City action is contingent on an adequate level of staffing as mutually agreed by the parties and captured in a Task Order under the City Services Agreement. FWLE Preliminary Permitting Plan - Draft of Guidance to D-B City of Kent De s i g n P a c k a g e s Pe r m i t t i n g P a c k a g e s DR A F T 8.C.b Packet Pg. 38 At t a c h m e n t : A E 0 0 4 4 - 1 2 C i t y o f K e n t T a s k O r d e r 2 A t t a c h m e n t 2 P r e l i m i n a r y P e r m i t t i n g P l a n ( 1 8 0 9 : Task Order 2 Attachment 3 Achievement Milestones and Payment Plan Task Order 2 Attachment 3 GA 0183-17 Page 1 PHASE 1: Design Review/Early Construction (July 2019 – February 2020) Key City Activities Achievement Milestones Payment Schedule Participate in the development, review, and approval of a Final Permitting Plan including the development of an agreed to process for expedited permit review and approval Participate in the timely review of design submittals of early work and return consolidated and coordinated comments from all relevant City departments Participate in resolving issues resulting from review of the design submittals Review and approve other Contractor required plans Review and approve plans for early work to relocate utilities Provide accurate and timely project administration and coordination Participate in project coordination meetings City Liaison is co-located at Sound Transit’s construction project office Final Permitting Plan approved by Sound Transit and City including the process to expedite permit review Final Contractor mitigation plans approved by Sound Transit and the City City issues permits needed to begin early construction activities, such as demolition and clearing and grading, to support Project schedule Payment 1 (October 15, 2019) Q3 2019 Staffing/Permitting - $335,000 Payment 2 (January 15, 2020) Q4 2019 Staffing/Permitting - $335,000 PHASE 2: Heavy Construction (March 2020 – March 2023) Key City Activities Achievement Milestones Participate in permit-focused, over-the-shoulder, discipline-specific meetings described in the D-B Permitting Plan Provide timely review and processing of design and permit submittals in a way that supports the construction approach and the overall construction schedule Participate in resolving issues resulting from review of the design submittals Review change orders as requested that affect City City issues permits needed for heavy construction activities, including site construction, building, and trade permits, to support Project schedule Payment 3 (April 15, 2020) Q1 2020 Staffing/Permitting - $335,000 Payment 4 (July 15, 2020) Q2 2020 Staffing/Staffing - $335,000 Payment 5 (October 15, 2020) Q3 2020 Staffing/Permitting - $335,000 8.C.c Packet Pg. 39 At t a c h m e n t : A E 0 0 4 4 - 1 2 C i t y o f K e n t T a s k O r d e r 2 A t t a c h m e n t 3 M i l e s t o n e s ( 1 8 0 9 : F e d e r a l W a y L i n k Task Order 2 Attachment 3 Achievement Milestones and Payment Plan Task Order 2 Attachment 3 GA 0183-17 Page 2 rights-of-way Provide timely inspection activities on infrastructure constructed as part of the Project that will be under the City’s ownership Payment 6 (January 15, 2021) Q4 2020 Staffing/Permitting - $335,000 Payment 7 (April 15, 2021) Q1 2021 Staffing/Permitting - $335,000 Payment 8 (July 15, 2021) Q2 2021 Staffing/Permitting - $335,000 Payment 9 (October 15, 2021) Q3 2021 Staffing - $335,000 Payment 10 (January 15, 2022) Q4 2021 Staffing - $335,000 Payment 11 (April 15, 2022) Q1 2022 Staffing - $335,000 Payment 12 (July 15, 2022) Q2 2022 Staffing - $335,000 Payment 13 (October 15, 2022) Q3 2022 Staffing - $335,000 Payment 14 (January 15, 2023) Q4 2022 Staffing - $335,000 Payment 15 (April 15, 2023) Q1 2023 Staffing - $335,000 8.C.c Packet Pg. 40 At t a c h m e n t : A E 0 0 4 4 - 1 2 C i t y o f K e n t T a s k O r d e r 2 A t t a c h m e n t 3 M i l e s t o n e s ( 1 8 0 9 : F e d e r a l W a y L i n k Task Order 2 Attachment 3 Achievement Milestones and Payment Plan Task Order 2 Attachment 3 GA 0183-17 Page 3 PHASE 3: Systems/Rail Activation/Project Closeout (April 2023 – Achievement of Milestones) Key City Activities Achievement Milestones Track and facilitate the process of required vacation of City rights-of-way and dedication and recordation of property Resolve any outstanding issues as they arise Review and accept record drawings Complete Acceptance of Work activities such as by issuing letters of acceptance Complete and document inspections to ensure permitted work is executed according to permit requirements Heavy construction and inspection activities end Punch list items are accepted via a letter from the City Building inspection services end and the last Certificate of Occupancy is issued as appropriate Payment 16 (July 15, 2023) Q2 2023 Staffing - $335,000 Payment 17 (October 15, 2023) Q3 2023 Staffing - $335,000 Payment 18 (January 15, 2024) Q4 2023 Staffing - $335,000 Payment 19 (April 15, 2024) Q1 2024 Staffing - $335,000 Payment 20 (Final Payment, Date TBD) Staffing - $335,000 Final payment will be made payable upon achievement of the following: 1) construction inspection activities end, 2) punch list items are accepted via a letter from the City, and 3) building inspection services end and the last Certificate of Occupancy is issued. 8.C.c Packet Pg. 41 At t a c h m e n t : A E 0 0 4 4 - 1 2 C i t y o f K e n t T a s k O r d e r 2 A t t a c h m e n t 3 M i l e s t o n e s ( 1 8 0 9 : F e d e r a l W a y L i n k Task Order 2 Attachment 3 Achievement Milestones and Payment Plan Task Order 2 Attachment 3 GA 0183-17 Page 4 CITY OF KENT INVOICE COVER TEMPLATE ISSUING COMPANY AND REMITTANCE ADDRESS Prime Firm Address Line 1 Address Line 2 Tel: (XXX) XXX-XXXX Fax: (XXX) XXX-XXXX INVOICE NUMBER XXXXXXX DATE XX/XX/XXXX Attn: Designated Representative Sound Transit Union Station 401 South Jackson Street Seattle, WA 98104-2826 PURCHASE ORDER NUMBER XXXX PRIME PROJECT NUMBER GA 0183-17 PERIOD COVERED From: XX/XX/XXXX To: XX-XX-XXXX PROJECT TITLE FWLE City of Kent Task Order 2 GA 0183-17 Total Invoice Amount $ __________ PAYMENT REQUEST NUMBER ___________________ Total To Date: Total Previously Invoiced: Amount This Invoice: Amount Paid to Date: Amount Outstanding: Original Contract Amount: Approved Change Orders: Total Authorized Contract Amount: Remaining Contract Amount: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 I certify that the charges invoiced are true and correct and include only such charges as were directly incurred in the performance of work on the project, have not been previously submitted, and are in accordance with terms of the Agreement. _____________________________________________ [Project Manager Name] [Title] 8.C.c Packet Pg. 42 At t a c h m e n t : A E 0 0 4 4 - 1 2 C i t y o f K e n t T a s k O r d e r 2 A t t a c h m e n t 3 M i l e s t o n e s ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k Task Order 2 Attachment 3 Achievement Milestones and Payment Plan Task Order 2 Attachment 3 GA 0183-17 Page 5 Payment Progress Detail Template (Please Submit with each invoice) Invoice #:__________________ Period covered:__________________ PHASE 1: Design Review/Early Construction Key City Activities Achievement Milestones Participate in the development, review, and approval of a Final Permitting Plan including the development of an agreed to process for expedited permit review and approval Participate in the timely review of design submittals of early work and return consolidated and coordinated comments from all relevant City departments Participate in resolving issues resulting from review of the design submittals Review and approve other Contractor required plans Review and approve plans for early work to relocate utilities Provide accurate and timely project administration and coordination Participate in project coordination meetings City Liaison is co-located at Sound Transit’s construction project office Final Permitting Plan approved by Sound Transit and City including the process to expedite permit review Final Contractor mitigation plans approved by Sound Transit and the City City issues permits needed to begin early construction activities, such as demolition and clearing and grading, to support Project schedule Please insert narrative summarizing activities and progress towards achievement milestones: 8.C.c Packet Pg. 43 At t a c h m e n t : A E 0 0 4 4 - 1 2 C i t y o f K e n t T a s k O r d e r 2 A t t a c h m e n t 3 M i l e s t o n e s ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k Task Order 2 Attachment 3 Achievement Milestones and Payment Plan Task Order 2 Attachment 3 GA 0183-17 Page 6 Payment Progress Detail Template (Please Submit with each invoice) Invoice #:__________________ Period covered:__________________ PHASE 2: Heavy Construction Key City Activities Achievement Milestones Participate in permit-focused, over-the- shoulder, discipline-specific meetings described in the D-B Permitting Plan Provide timely review and processing of design and permit submittals in a way that supports the construction approach and the overall construction schedule Participate in resolving issues resulting from review of the design submittals Review change orders as requested that affect City rights-of-way Provide timely inspection activities on infrastructure constructed as part of the Project that will be under the City’s ownership City issues permits needed for heavy construction activities, including site construction, building, and trade permits, to support Project schedule Please insert narrative summarizing activities and progress towards achievement milestones: 8.C.c Packet Pg. 44 At t a c h m e n t : A E 0 0 4 4 - 1 2 C i t y o f K e n t T a s k O r d e r 2 A t t a c h m e n t 3 M i l e s t o n e s ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k Task Order 2 Attachment 3 Achievement Milestones and Payment Plan Task Order 2 Attachment 3 GA 0183-17 Page 7 Payment Progress Detail Template (Please Submit with each invoice) Invoice #:__________________ Period covered:__________________ PHASE 3: Systems/Rail Activation/Project Closeout Key City Activities Achievement Milestones Track and facilitate the process of required vacation of City rights-of-way and dedication and recordation of property Resolve any outstanding issues as they arise Review and accept record drawings Complete Acceptance of Work activities such as by issuing letters of acceptance Complete and document inspections to ensure permitted work is executed according to permit requirements Heavy construction and inspection activities end Punch list items are accepted via a letter from the City Building inspection services end and the last Certificate of Occupancy is issued as appropriate Please insert narrative summarizing activities and progress towards achievement milestones: 8.C.c Packet Pg. 45 At t a c h m e n t : A E 0 0 4 4 - 1 2 C i t y o f K e n t T a s k O r d e r 2 A t t a c h m e n t 3 M i l e s t o n e s ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k CIW SERVICES AGREEMENT BETWEEN THE CIW OF KENT AND SOUND TRANSIT FOR CIW COSTS RETATEDTO SOUNDTRANSIT PROJECT REVIEW AND PERMITTING This Agreement is entered into between the City of Kent (City), a Washington municipal corporation, and Sound Transit, a regional transit authoraty of the State of Washington for the purposes set forth below. RECITALS A. The City is a non-charter rnunicipal code city incorporated under the laws of the State of Washington, with authority to enact laws and enter into agreements to promote the health, safety, and welfare of iti citizens and for other lawful purposes. B. Sound Transit is a regionaltransit authority created pursuant to Chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties. C. The City is responsible for administering state and local land use laws and development regulations that will apply to Sound Transit projects located within the City jurisdiction. The City is also responsible for managing streets and municipal utilities within its jurisdiction and for providing municipalservices such as public safety. D. The Sound Transit Long Range Transit Plan identifies the Federal Way Link Extension (FWLE) Project within the City's jurisdiction. E. Sound Transit completed environmental review of the FWLE Project with the issuance of a Final Environmental lmpact Statement (ElS) on November 18, 2016 and the Sound Transit Board identified the project to be built by passing Resolution R20!7-OZ on January 26,2O!7. The Federal Transit Administration (FTA) issued a Record of Decision on March 6,2OI7 and the Federal Highway Administration (FHWA) issued a Record or Decision on March g, ZOL7. 1. General 1.1 Purpose. Sound Transit's FWLE Project includes facilities to be constructed within the City's jurisdiction. lnteraction will be required between the City and Sound Transit to prepare, review and approve agreements, prepare construction plans and to secure property rights, permits, and approvals from the City for the construction of Sound Transit's facilities. The intent of this Agreement is to establish a task order process for Sound Transit to pay the City for the costs of providing various review and approval services that will be necessary to design, permit and construct Sound Transit facilities within the City. 2. Designated Representatives The City and Sound Transit have designated formal points of contact and coordination for this Agreement as shown below. Each designated representative is responsible for coordinating the input and work of its agency, consultants, and staff as it relates to the objectives of this Agreement. The 8.C.d Packet Pg. 46 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) Parties may change designated representatives by written notice to the other Party during the term of this Agreement. Task orders may designate other individuals as points of contact for each task order. e!!y Sound Transit Name Ben Wolters Title Economic & Community Dev. Director Address 400 W- Gowe Street Kent WA 98032 Phone 253-856-5703 Email bwolters@kentwa.gov Dan Abernathy Project Director 401 S. Jackson Street Seattle, WA 98104-2826 (205) 903-7170 dan.abernathy@soundtra nsit.org Name Title Address Phone Email 3. Cooperation and Good Faith Efforts 3.1 The Parties understand and agree that the activities described in this Agreement depend upon timely and open communication and cooperation between the Parties. ln this regard, communication of issues, changes, or problems that arise with any aspect of the work should occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each Party agrees to work cooperatively and in good faith toward resolution of any such issues. The Parties acknowledge that this Agreement contemplates the execution and delivery of additional documents in the future, such as the Development Agreement, which will define the development regulations for this PQect and establish a vesting date, as well as the required construction permits. The Parties agree to provide the necessary resources and to work in good faith to develop the final form and contents of such documents, instruments and permits, and to execute and deliver the same promptly. 4. Environmental Review 4,1 Sound Transit ls the lead agency for compliance with SEPA. ln coordination with the City and other agencies with jurisdiction, Sound Transit has completed the substantive and procedural environmental review for the Project in accordance with SEPA requirements. The environmental review covers the City's issuance of permits for the Project as well as environrnental mitigation, and the City will use and rely upon the existing environmental documents to satisfy its SEPA responsibilities, consistent with WAC 197-LL-500. The foregoing is not intended to limit the City's authority to impose reasonable permit conditions pursuant to its development regulations, 5. Essential Public Facilities 5.1 The Parties agree that the FWLE Project is a regional transportetion facility that has the status of an essential public facility ("EPF") and that the requirements of RCW 36.70A.200 are applicable. Under RCW'36.70A, the City may not utilize development regulations to render impracticable Sound Transit's decisions on siting and location of the Project; however, the City may impose reasonable permit conditions on the Project. 8.C.d Packet Pg. 47 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) )6. Task Orders for City Seryices 5.1. General Aoproach. Sound Transit agrees to pay the City for the costs associated with particular tasks that: . Are required because of the implementation of Sound Transit's FWLE Project in the City and e Sound Transit asks the City to undertake. This may include tasks that Sound Transit asks the City to complete on a shorter schedule than the City would otherwise follow. City services are described in further detail in Section 5.3. ln general, Sound Transit will not pay the City for the costs associated with the following: o Coordination between Sound Transit and the City normally provided as between government agencies. City services provided in the ordinary course of business and on the City's usual time and schedule. a . CitV services that Sound Transit will pay for under existing land use, permitting, or other City fee schedules.. An exception to this exclusion would occur if a task order or other agreement establishes a different payment structure in lieu of the established payments and fees. 6,2 Task Orders. Prior to any payment under this agreement, a task order must be prepared and executed by the Parties for each work effort to be covered by this Agreement. A list of possible task orders is attached as Exhibit A. Task orders shall be in a format similar to that shown in Exhibit B. Each task order shall contain a scope of work, a detailed cost estimate, and a detailed schedule of work so that the City can determine staff resources needed for the Project. The cost estimate shall establish a maximum funding level for the task order. Each task order shall be executed by authorized representatives of Sound Transit and the City and shall incorporate by reference the provisions of this Agreement. 6.3 Citv Seruices. Task orders may address some or all of the following types of activities as appropriate to the project or phase. Each task described below is optional and should only be included in Task Orders when the City and Sound Transit agree it is appropriate. Sound Transit shall provide an overall project schedule to the City prior to executing any task order. A. Proiect Admlnistratlon. A.1. Coordination and Communication. Activities including participation at regularly scheduled project-levelcoordination meetings and providing on-going project management activities, as well as central coordination of all submittal reviews, comment coordination and consolidation, and identification of projects or proposals (i.e. municipal utility or public works projects or private development projects) that have the potential to conflict with or interfere with Sound Transit's Projects. A.2 Manasement and Administration. Project management activities including staffing, budget, and schedule management, progress reports and invoicing, and other related activities. 8.C.d Packet Pg. 48 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) A.3 Asreements. Review and approval of Memoranda of Understanding, Development Agreements, Services Agreements, Task Orders and other related activities. B. Desian Review. Project design review consisting of informal "over the shoulder" (OTS) reviews and formal design submittals for which the City is expected to provide formal comments to Sound Transit. 8.1. OTS Review. OTS review meetings may be scheduled on an as-needed basis to keep Project team members apprised of developments in the design process, seek feedback or concurrence from the City on aspects of the design as it is progressing, and to determine whether the design is consistent with City codes and regulations. 8.2. Formal Submittals. Sound Transit will occasionally submit design review packages to the City for formal review and comment during the earlier project phases and regularly during the permitting and construction phases. The design review packages, including specific timeframes for Sound Transit to provide advance notification to the City and for City review, are to be described in the scopes of work included in Task Orders. lf the City foresees that comments will not be returned within the agreed upon timeframe, the City shall notify Sound Transit of the delay as soon as possible so the Parties can determine an acceptable solution. City comments should identifu any aspects of the design that do not meet City codes and regulations so the inconsistency can be corrected. C, Plannino and Desion Coordinotion, C,1 Station Access lmprovernents. Coordination between the City and Sound Transit with regard to station access improvements, such as placement of kiss and ride facilities, ride share services, and other emerging technologies, transit integration, wayfinding, and non-motorized access improvements. C.2 Transit Oriented Develooment (TOF). City services to partner with Sound Transit to incorporate TOD principles during project design and permitting and to support Sound Transit in evaluating TOD opportunities on Sound Transit owned properties that will no longer be needed after construction is complete, or opportunities for development around Sound Transit facilities. C.3 Rieht-of-Wav. Coordination between the City and Sound Transit with regard to City ROW. This may include review of a Development and Transit Way Agreement, necessary temporary easements or street vacations, or any other actions/transfers involving City ROW. C.4 Joint Proiects or Partnerships. City services that meet the general approach described in Section 5.L where partnership will occur for a related separate City project, that ST may be contributing to as mitigation or project enhancement, or if there is a third party project (private, WSDOI utility) that 5T and the City need to coordinate with, or if there is something specific that ST needs to incorporate into the Sound Transit Project. D, Permlts ond Aporovals, D.1. Establish Permit Process. City coordination with Sound Transit to determine a streamlined and consolidated permitting process for the Project that would allow for the City to review and process permits in the most expeditious manner allowable under applicable laws. This may 8.C.d Packet Pg. 49 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) 6.4 include the preparation of a development and transit way agreement, development code amendments, or other types of documents to implement a permitting process. D.2. Permitting and lnspection Activities. City permitting activities directly related to permit processing, approval and issuance, including inspections, if these activities are not already provided for through standard permitting fees. E. Other Services. Other services as deemed appropriate by the City and Sound Transit. Elisible Costs. The following types of expenditures shall be eligible for reimbursement: Direct project costs including labor charges at the employees' current salary rates, any incremental raises they may receive during the Task Order period, applicable employee benefits and overhead. a Direct non-salary costs reimbursed at the actual cost to the City, including but not limited to travel expenses or meeting room charges. All consultant costs that are consistent with the activities identified in the Task Order Scope of Work and within the Task Order Cost Estimate. This Agreement does not cover the City's normal capital and operating expenses such as buildings, office equipment, maintenance, security, utilities, or vehicles, except those expenses normally included in the City's cost-based fee calculation for services. However, if the City requires additional personnel to fulfill its obligations under this Agreement and additional workspace is required for such personnel, the City and Sound Transit agree that the expenses for additional staff accommodations is not normal and each party agrees to negotiate the allocation of any such expenses in good faith. 6.5 Performance. lf the City does not perform the services according to the Task Orders, does not provide formal review comments within the Design Submittal review times set forth in Section 5.3, or fails to identify development code conflicts that require design changes during the permitting process and if the failure to perform is solely attributable to the City's actions or inactions, corrective action must be taken by the City. Appropriate corrective action will first be established by the City and Sound Transit Designated Representatives. Should corrective action not resolve the problem within one (1) week, the dispute resolution process may be commenced. This Section 6.5 is not intended to create any financial liability on the part of City. However, Sound Transit and the City may agree to specific resolutions including a reduction in the fees owed by Sound Transit to the City. T.lnvoicing 7.t The City shall submit invoices and supporting documentation for task order payments. The invoices must include the appropriate purchase order number, which Sound Transit will provide after execution of each task order, a cover memo including a description of services provided by the City, and supporting documentation detailing the work completed and associated costs. 7.2 The City shall submit its invoices with the required documentation via email or mail to AccountsPayable@SoundTransit.org, or Sound Transit, Accounts Payable, 401. S. Jackson St., Seattle, WA 98104-2825. Invoices are payable thirty (30) days upon Sound Transit's receipt of the invoice and a o o ) 8.C.d Packet Pg. 50 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) acceptable documentation. The payment documentation shall identify the invoice number and any differences between the invoice and payment. 7.3 lf Sound Transit determines that an invoice lacks sufficient documentation to support payment, Sound Transit will notify the City of its determination within five (5) business days of receipt of the invoice and request that the City provide additional documentation. Sound Transit may withhold payment for contested portions of the invoice until supporting documentation for the contested portions are provided, however such approval shall not be unreasonably withheld. 8. Suspension and Termination 8.1 lf the City has not received payment from Sound Transit as provided in Section 7, the City may suspend performance of all or any part of the associated work after giving Sound Transit thirty (30) days' notice of City's intent to do so. Such suspension shall remain in effect until payment is made in full, at which time the suspension shall be lifted. 8.2 Either Party may terminate this Agreement for cause in the event that the other Party fails to fulfill its material obligations under this Agreement in a timely manner or breaches any material provision of this Agreement and the dispute resolution process identified in Section 1.0 has failed to reach resolution within the timelines described therein. The Party wishing to terminate this Agreement for cause shall provide the other Party with notice of its intent to terminate and shall give the other Party an opportunity to correct the failure to perform or breach within thirty (30) days of the notice or within such longer period as may be necessary in the event that correction cannot reasonably be accomplished within thirty (30) days. lf the failure or breach is not corrected or cured, this Agreement may be terminated by the aggrieved party by giving ninety (90) days' notice to the other Party. 8.3 This Agreement shall also terminate with the mutual consent of both parties. 8.4 Except as provided in this Section, a termination by either Party shall not extinguish or release either Party from liability for costs or obligations existing as of the date of termination. Any costs incurred prior to proper notification of termination will be borne by the Parties in accord with the terms of this Agreement. 9.Indemnity 9.1 Each Party agrees to hold harmless, indemnify, and defend the other Party, its officers, agents, and employees, from and against any and all claims, losses or liability, for injuries, sickness or death of persons, including employees of the indemnifoing Party, or damage to property, arising out of any willful misconduct or negligent act, error, or omission of the indemnifying Party, its officers, agents, or employees, in connection with the services required by this Agreement, provided, however, that: 9.1.1 The indemnifying Party's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or sole negligence of the other Party, its officers, agents or employees; and 9.1,2 The indemnifiTing Party's obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the indemnifying Party and the other Party, or of the indemnifying Party and a third party other than an officer, agent, or employee of the indemnifying Party, shall apply 8.C.d Packet Pg. 51 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) only to the extent of the negligence or willful misconduct of the indemnifying Party, its officers, agents, or employees. 9.2 Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in relation to this Agreement, and each Party shall fully indemnify and hold the other Party, its officers, agents and employees harmless from any tax liability owed by other Party arising from or related to the transactions set forth herein, including, but not limited to, any taxes, penalties, fines, and/or interest that are assessed by any tax authority against the indemnifying Party and further including all attorneys' fees and costs incurred in response to any claims or assessments by any tax authority against indemnifoing Party, its officers, agents and employees. 9.3 The obligations in this Section shall survive termination or completion of this Agreement as to any claim, loss or liability arislng from events occurring prior to such termination or completion. 10. Dispute Resolution 10.1 Prior to taking or joining any action in any judicial or administrative forum to challenge actions of the other pafi associated with the Agreement, the Parties agree to follow the dispute resolution process set out in this section. t1.z The Partles agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level possible. 10.3 Any disputes or questions of interpretation of this Agreement or the performance of either Party under this Agreement that may arise between Sound Transit and the City shall be governed under the dispute resolution provisions in this Section. The Parties agree that cooperation and communication are essentialto resolving issues efficiently. 7O.4 Either Pafi may refer a dispute to the dispute resolution process by providing written notice of such referral to the other Party's Designated Representative. The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement using good faith neBotiations by engaging in the following dispute resolution process should any such disputes arise: 10.4.1 Level One - Sound Transit's Designated Representative and the City's Designated Representative shall meet to discuss and attempt to resolve the dispute in a timely manner. lf they cannot resolve the dispute within fourteen (14) days after referral of that dispute to Level One, either party may refer the dispute to Level Two. 10.4.2 Level Two - Sound Transit's Executive Project Director, and the City's Public Works and Economic and Community Development Directors shall meet to discuss and attempt to resolve the dispute, in a timely manner. lf they cannot resolve the dispute within fourteen (14)days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. 10.4.3 LevelThree - Sound Transit's Executive Director, Engineering and Construction Management or Designee and the City's Chief Administrative Officer or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. 10.5 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) days after referral of that dispute to Level Three, the Parties are free to file 8.C.d Packet Pg. 52 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) suit, seek any available legal rernedy, or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute, the Parties shall continue to perform any undisputed obligations and make any undisputed required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. Notwithstanding anything in this Agreement to the contrary, neither party has an obligation to agree to refer the dispute to mediation nor other form of dispute resolution following completion of Level Three of the process described herein. Such agreement may be withheld for any reason or no reason. 11. Remedies and Enforcement 11.1 The Parties reserve the right to exercise any and all of the following remedies, singly or in combination, and consistent with the dispute resolution and default Sections of this Agreement, in the event the other violates any provision of this Agreement: 11.1.1 Commencing an action at law for monetary damages; II.7.2 Commencing an action for equitable or other relief; 11.1.3 Seeking specific performance of any provision that reasonably lends itself to such remedy; and/or 11.1.4 Each party shall be responsible for its own attorney's fees and costs. tL.z All remedies set forth above are cumulative and the exercise of one shall not foreclose the exercise of others. 11.3 Neither Pafi shall be relieved of its obligations to comply promptly with any provision of this Agreement by reason of any failure by the other Party to enforce prornpt compliance, and such failure to enforce shall not constitute a waiver of rights or acquiescence in the other Party's conduct. 12. Duration of Agreement L2.I This Agreement shall take effect upon the last date of signature by the Parties as set forth below. This Agreement shall remain in effect until all Sound Transit Projects contemplated by this Agreement are completed and open to the public, unless this Agreement is extended by mutual agreement of the Parties, or unless this Agreement is superseded by a future agreement or is sooner terminated as provided in Section 8 above. 13. Warranties 13.1 By execution of this Agreement, the City warrants: 13.1.1 That the City has the full right and authority to enter into and perform this Agreement, and that by entering into or performing this Agreement the City is not in violation of any law, regulation or agreement by which it is bound or to which it is bound or to which it is subject; and L3.LZ That the execution, delivery and performance of this Agreement by the City has been duly authorized by all requisite corporate action, that the signatories for the City hereto are authorized t<i sign this Agreement, and that upon approval by the City, the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 8.C.d Packet Pg. 53 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) 13.2 By execution of this Agreement, Sound Transit warrants: L3.2.L That Sound Transit has the full right and authority to enter into and perform this Agreement, and that by entering into or performing this Agreement Sound Transit is not in violation of any law, regulation or agreement by which it is bound or to which it is bound or to which it is subject; and L3.2.2 That the execution, delivery and performance of this Agreement by Sound Transit has been duly authorized by all requisite corporate action, that the signatories for Sound Transit hereto are authorized to sign this Agreement, and that upon approval by Sound Transit, the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 14. Administration of Agreement L4.7 This Agreernent will be jointly administered by Sound Transit's Designated Representative and the City's Designated Representative. 74.2 Each Party shall bear its own costs of administering this Agreement. 1-4.3 Each party shall be responsible for its own public records and public records requests, 15. Posting of Agreement 15.1. Pursuant to RCW 39.34.040, each party shall list this Agreement on its website by subject matter and shall post a copy in an electronically retrievable source for public viewing in accordance with its policy. 16. Assignment and Beneficiaries 15.1 Neither Pafi may assign all or any portion of this Agreement without the express written consent of the other Party. There are no third party beneficiaries to this Agreement. 17. Notices 17 '7 Unless othen^/ise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed to the Designated Representative. L7.2 Unless otherwise provided herein, all notices shall be either: (i) delivered in person, (ii) deposited postage prepaid in the certified mails of the United States, return receipt requested, (iii) delivered by a nationally recognized overnight or same-day courier service that obtains receipts, or (iv) delivered electronically to the other party's Designated Representative as listed herein. However, notice under Section 7, Suspension and Termination, must be delivered in person or by certified mail, return receipt requested. 18. Audits 18.1 Sound Transit and the City shall maintain accounts and records, including contract and financial records, which sufficiently and properly reflect all direct and indirect costs of any nature expended for work performed under this Agreement so as to ensure proper accounting for all monies paid to the City by Sound Transit. These records shall be maintained for a period of six (5) years after termination or 8.C.d Packet Pg. 54 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) expiration of this Agreement unless permission to destroy the records is granted by the Office of the Archivist pursuant to RCW Chapter 40.14 and agreed to by the City and Sound Transit. 19. General Provisions 19.1 The Parties shall not unreasonably withhold requests for information, approvals, or consents provided for in this Agreement; provided, however, that approvals or consents required to be given by vote of the Sound Transit Board or Kent City Council are recognized to be legislative actions. The Parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement provided, however, that where such actions or documents must be first approved by vote of the Sound Transit Board or Kent City Council, such actions are recognized to be legislative actions. The City and Sound Transit agree to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. t9.2 This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be King County, Washington. 19.3 This Agreement shall be binding upon and inure to the benefit of successors and assigns of the City and Sound Transit. I9.4 Time is of the essence in every provision in this Agreement. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days unless otherwise noted. Any reference to "working days" shall exclude any City holidays and weekend days. lf any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day L9.5 This Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 19.6 No joint venture or partnership is formed as a result of this Agreement. No employees, agents or subcontractors of one party shall be deemed, or represent themselves to be, employees of any other party. 19.7 This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreernent. The Parties intend this Agreement to be interpreted to the full extent authorized by applicable law. L9.8 Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or finalizing this Agreement, unless otherwise agreed in writing by the parties. 19.9 This Agreement and related task orders may be amended only by a written instrument executed by each of the Parties hereto. 19.10 This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. 8.C.d Packet Pg. 55 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) ) 20. Severability 2O.1 ln case any term of thris Agreement shall be held invalid, illegal, or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of the remaining terms of this Agreement shall in any way be affected thereby. 21. Clty's Permitting and ReBulatory Authority ZJ,.L Nothing in this Agreement shall be deemed a waiver of the City's regulatory authority nor a predetermination of the compliance of the Project with applicable codes and regulations. lN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its authorized representative affix his/her name in the appropriate space below: SOUND TRANSTT THE OF KENT By:By Peter M, Rogoff, Chief tive Officer Derek Matheson, Chief Administrative Officer Date: I z5^ll Date: ) Authorized by Motion No. M20r.7-68 Approved as to form: By By Amy jo ll, Senior Legal Counsel EXI.IIBITS Exhibit A: Anticipated Task Orders under this Agreement Exhibit B:Task Order Format Approved as to form: Bru ba ker,ity Attorney Authorized by pity Council Motion on +(t ff, zotz. 8.C.d Packet Pg. 56 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) rl Exhibit A Possible Task Orders Task Order 1 - Federal Way Link Extension Request for Proposals Preparation Phase Task Order 2 - Federal Way Link Extension Design-Build Procurement Phase Task Order 3 - Federal Way Link Extension Permitting and Pre-Construction Phase Task Order 4 - Federal Way Link Extension Construction Phase ) U 8.C.d Packet Pg. 57 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) Exhibit B Task Order Format CIW SERVICES AGREEMENT BETWEEN THE CIW OF XX AND SOUND TRANSIT FOR CIW SERVICES AND COSTS REI.ATED TO SOUND TRANSIT PROJECT REVIEW AND PERMITTING Task Order _: Title This Task Order is issued under the City Services Agreement between the City of XX and Sound Transit for City Services and Fees Related to Sound Transit Project Review and Permitting dated 2017. This Task Order establishes the scope, schedule, and budget for the seryices provided by the City (Services) for the Sound Transit PROJECT/PHASE. The City agrees to perform the Services in the manner set forth in this Task Order, The terms and conditions of the City Services Agreement a re incorporated into this Task Order unless expressly modified below. The effective date of this Task Order is 20_. Proiect Description. General Description of the work to he performed. May also include definitions if helpful/oppropriate. o The Scope of Work is included as Attachment 1 to this Task Order. r The Schedule is included as Attachment 2 to this Task Order. r The Cost Estimate is included as Attachment 3 to this Task Order. The authorized representatives of the parties have agreed to the terms of this Task Order by signing below. For the CitV Signature Title Date Approved as to Form: Name, City Attorney For Sound Transit Signature Title Date Approved as to Form Name, Sound Transit Legal Counsel 8.C.d Packet Pg. 58 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) Task Order Attachment 1: Scope of Work. Provide detoiled informotion regording City Services contemplated by each task order. l)se "Not used" for items not included in the scope for consistency among tosk orders. A, Proiect Adm inistration. A.1. Coordination and Communication. A.2 Manaeement and Administration. A.3 Agreements. B. Desien Review. 8.1. OTS Review. 8.2. Formal Submittals. C. Plannine and Desien Coordinatign. C.1 Station Access lmprovements. C.2 Transit Oriented Develooment (TOD). C.3 Risht-of:Wav. C.4 Joint Proiects or External Proiect Coordination. D. Permits and Approvals. D.1. Establish Permit Process. D.2. Permitting and lnspection Activities. E. Other Work. 8.C.d Packet Pg. 59 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) -) Task Order Attachment 2: Estimated Schedule. Task Start Month End Month A.1. Coordination and Communication A.2. Management and Administration A.3 Agreements 8.L. OTS Review B.2. FormalSubmittals C.1. Station Access C.2. Transit Oriented Design C.3, Right-of-Way C.4. Joint Projects or Partnerships D.1 Establish Permit Process D.2. Permitting and lnspection Activities ) t--,-rJ 8.C.d Packet Pg. 60 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) -Task Order Attachment 3. Cost Estimate. Contract contingency will be used per Sound Transit discretion and in accordance with signature authority procedures. Spreadsheet to be inserted. 8.C.d Packet Pg. 61 At t a c h m e n t : E x e c u t e d C i t y S e r v i c e s A g r e e m e n t ( 1 8 0 9 : F e d e r a l W a y L i n k E x t e n s i o n C i t y S e r v i c e s A g r e e m e n t T a s k O r d e r N u m b e r 2 - A u t h o r i z e ) DATE: June 18, 2019 TO: Kent City Council SUBJECT: ICMA - RC Administrative Services Agreement - Authorize MOTION: Authorize the Mayor to sign the renewal of the City’s Administrative Services Agreement for the Deferred Compensation Plan with ICMA - RC for five years, subject to approval of final terms and conditions by the Human Resources Director and the City Attorney. SUMMARY: In April 2018 the City prepared and released a Request for Proposals for the 457 Deferred Compensation Plan Third Party Administrator services. The City’s Deferred Compensation Plan Consultant, the Hyas Group, assisted with developing and releasing the RFP, and evaluated the responses. Eight firms responded to the RFP, including ICMA-RC. ICMA-RC was selected to retain the City’s business going forward for the following reasons: • The City’s 457 Plan Committee and staff expressed satisfaction with the services received by the City from ICMA-RC under the current contact. • ICMA-RC offered a substantial fee reduction (from .08% of assets down to .035% of assets per year) to retain the business and to offer some new enhancements. This was the lowest bid submitted by any proposer in this RFP process. • ICMA-RC’s proposed contract was the most flexible. • ICMA-RC received the highest combined scoring in six performance categories, in addition to offering the lowest fees. • The City’s Consultant, that is a co-fiduciary to the Plan, recommended engaging ICMA-RC in a new contract. ICMA-RC has been the third-party administrator for the City’s deferred compensation 457 plan for over 23 years. This plan allows employees to save for retirement on a tax deferred basis. Plan expenses are paid by the employees who contribute funds in the program. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government 8.D Packet Pg. 62 ATTACHMENTS: 1. ICMA-RC Agreement (PDF) 06/04/19 Operations Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 6/18/2019 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: Dennis Higgins, Councilmember AYES: Les Thomas, Bill Boyce, Dennis Higgins 8.D Packet Pg. 63 8.D.a Packet Pg. 64 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 65 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 66 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 67 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 68 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 69 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 70 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 71 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 72 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 73 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 74 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 75 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) 8.D.a Packet Pg. 76 At t a c h m e n t : I C M A - R C A g r e e m e n t ( 1 8 1 2 : I C M A - R C A d m i n i s t r a t i v e S e r v i c e s A g r e e m e n t - A u t h o r i z e ) DATE: June 18, 2019 TO: Kent City Council SUBJECT: Railroad Trespass Fencing Project - Accept as Complete MOTION: Authorize the Mayor to accept the Railroad Trespass Fencing Project as complete and release retainage to Judha of Lion Landscaping and Services LLC upon receipt of standard releases from the State and the release of any liens. SUMMARY: The project included approximately 300 feet of fencing on both sides of the Union Pacific Railroad immediately south of Willis Street (SR 516) to reduce pedestrian trespass. It also included approximately 250 feet of fencing east of the BNSF Railroad approximately 0.33 miles north of East James Street. The final contract total paid was $59,708 which is $2,640 over the original contract amount of $57,068. BUDGET IMPACT: The project was paid for with funds from the Railroad Quiet Zone project, and two, $10,000 Safety grants from the Washington State Utilities and Transportation Commission. SUPPORTS STRATEGIC PLAN GOAL: Thriving City 8.E Packet Pg. 77 DATE: June 18, 2019 TO: Kent City Council SUBJECT: Interlocal Agreement between the City of Federal Way and the City of Kent for Jail Services - Authorize MOTION: Authorize the Mayor to enter into an Interlocal Agreement with the City of Federal Way for Jail Services, subject to final terms and conditions acceptable to the City Attorney and Police Chief. SUMMARY: The city of Federal Way does not own a facility suitable for incarcerating Federal Way Inmates. Whereas the City of Kent operates a municipal corrections facility known as the City of Kent Corrections Facility (CKCF)and is willing to provide housing for Federal Way Inmates pursuant to a cooperative agreement. Jail services provided: The CKCF shall provide Federal Way with guaranteed space for five Federal Way Inmate for each day the agreement is effective. The CKCF may have additional jail space, beyond the reserved guaranteed space available depending on its jail population. Additional space will be made available at the discretion of the CKCF. Transporting Federal Way Inmates: Federal Way shall arrange for the transportation of Federal Way Inmates to all court appearances and will not be the responsibility of Kent. Medical transportation and medical supervision costs will be reimbursed for all actual costs incurred by Kent when transporting Federal Way Inmates to medical facilities and for supervising Federal Way Inmates during medical appointments or procedures. Release of Federal Way Inmates: CKCF shall release Federal Way Inmates pursuant to a signed order from the Federal Way Municipal Court judge. Federal Way Inmates shall be released to a Federal Way police or transport officer at a prescheduled time as agreed to by the parties. The Federal Way police or transport officer shall release Federal Way Inmates within the city limits of Federal Way. Federal Way Inmates shall not be released by Federal Way with in the city limits of Kent, unless the inmate is a Kent resident. BUDGET IMPACT: Net Revenue - $115,145.10 8.F Packet Pg. 78 SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Federal Way Jail Space Estimate 2019 (PDF) 2. Interlocal Agreement between the City of Kent and City of Federal Way for Jail Services (PDF) 06/11/19 Public Safety Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 6/18/2019 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Toni Troutner, Bill Boyce, Les Thomas 8.F Packet Pg. 79 Guaranteed Bed Cost (5)150.00$ each Booking Fee 35.00$ each No Booking Fee on any w/Kent Charge Additional Bed Days 180.00$ each Work Release Inmates Above Guarantee 75.00$ each EHM Inmates Above Guarantee 20.00$ each Revenue Daily Yearly Guaranteed beds - 5 at $150 each/day 750.00$ 273,750.00$ Additional beds - 5 per day at $180each/day 900.00$ 328,500.00$ Booking fee - 5 at $35 175.00 63,875.00 Total Revenue 1,825.00$ 666,125.00$ Expenses Yakima Housing - 10 inmates at $98.35 each/day (983.50)$ (358,977.50)$ Staff - 2.0 FTE Salary Step E (142,224.00)$ Staff - 2.0 FTE Benefits ~ 35%(49,778.40)$ Total Expenses (550,979.90)$ Net Revenue 115,145.10$ Projected Actual Maple Valley Income 2016 80,300$ 158,800$ Maple Valley Income 2017 80,300$ 154,980$ Maple Valley Income 2018 82,125$ 157,289$ Federal Way Bed Space Estimates December 2018 Females if we have room Fees paid regardless of Kent charges Harside Average Daily Population 2016 - 93.66 Harside Average Daily Population 2017 - 99.58 Harside Average Daily Population 2018 (YTD) - 92.49 2 beds $225 guaranteed/no booking fees Scenario A - 5 inmates/5 additional bed days/10 inmates off-site 8.F.a Packet Pg. 80 At t a c h m e n t : F e d e r a l W a y J a i l S p a c e E s t i m a t e 2 0 1 9 ( 1 8 2 2 : F e d e r a l W a y J a i l S e r v i c e s C o n t r a c t ) Jail Interlocal Agreement between City of Kent and Federal Way Page 1 of 9 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CITY OF KENT FOR JAIL SERVICES THIS AGREEMENT is entered into by and between the City of Federal Way (“Federal Way”), a municipal corporation in the State of Washington and the City of Kent (“Kent”), a municipal corporation in the state of Washington, collectively the (“Parties”). WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act, Ch. 39.34 RCW; and WHEREAS, pursuant to state law, Federal Way is responsible for the incarceration of suspects and defendants held pending resolution of misdemeanor cases and upon conviction for misdemeanor crimes committed in Federal Way (“Federal Way Inmates”); and WHEREAS, Federal Way does not own a facility suitable for incarcerating Federal Way Inmates; and WHEREAS, Kent, which is located in King County, operates a municipal corrections facility known as the Kent Corrections Facility (“KCF”); and WHEREAS, Kent is willing to provide for the housing of male Federal Way Inmates pursuant to this Agreement; NOW, THEREFORE, in consideration of the terms and conditions set forth below, it is mutually agreed by and between Federal Way and Kent as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to provide for the incarceration of Federal Way Inmates at the KCF; to establish the services that Kent will provide pursuant to the incarceration of Federal Way Inmates as well as the responsibilities of Federal Way; and to set forth the fees to be paid by Federal Way for such services. 2. JAIL SERVICES PROVIDED. The KCF shall provide the jail services to Federal Way as provided in this Agreement. 2.1 Federal Way Inmate – Defined. A Federal Way Inmate is defined as a person 18 years of age or older who is arrested for, charged with, or convicted of a misdemeanor offense committed in the city limits of Federal Way or who has an active Federal Way warrant, and who is booked into or otherwise entered into the KCF. Prior to booking a female inmate, Federal Way will contact the KCF to ensure there is adequate available space for female inmates. In the event a person is booked into the KCF and the person has a Federal Way warrant, that person shall be considered a Federal Way Inmate regardless of which agency books the inmate, and regardless of whether the inmate has a warrant from any other agency. Such inmate shall remain a Federal Way Inmate until the warrant is quashed by a court or the defendant is released or removed from custody on the charge. In the event an inmate has both a Kent warrant and a Federal Way warrant, Federal 8.F.b Packet Pg. 81 At t a c h m e n t : I n t e r l o c a l A g r e e m e n t b e t w e e n t h e C i t y o f K e n t a n d C i t y o f F e d e r a l W a y f o r J a i l S e r v i c e s ( 1 8 2 2 : F e d e r a l W a y J a i l S e r v i c e s C o n t r a c t ) Jail Interlocal Agreement between City of Kent and Federal Way Page 2 of 9 Way shall not be responsible for the booking fee. 2.2 Guaranteed Space. The KCF shall provide Federal Way with space for five Federal Way Inmates for each day that this Agreement is effective. These five spaces shall be referred to as “Guaranteed Space.” This Guaranteed Space shall be reserved only for Federal Way Inmates as that term is defined in this Agreement. Federal Way shall pay for the Guaranteed Space whether or not the Guaranteed Space is occupied by Federal Way Inmates. Guaranteed Space shall include bed space on the hard-side of the jail, or participation in KCF programs (as described in Section 2.6) other than electronic home detention (“EHD”). 2.3 Additional Space. The KCF may have additional jail space, beyond the reserved Guaranteed Space, available depending on its jail population, which fluctuates on an hourly basis. Jail space made available beyond the Guaranteed Space shall be referred to as “Additional Space.” In the event Federal Way brings a Federal Way Inmate to the KCF for processing when the Guaranteed Space is occupied, it will be presumed that Federal Way is requesting Additional Space, and Additional Space will be made available at the discretion of the KCF. In the event Additional Space is made available, the Additional Space shall be paid for at the rate provided for in Section 3.2 of this Agreement. In the event Additional Space is not available, Federal Way shall be solely responsible for making other arrangements for the incarceration of the Federal Way Inmate. Additional Space shall be considered occupied if a Federal Way Inmate occupies bed space on the hard-side of the jail, or participates in KCF programs other than EHD. Federal Way shall endeavor to notify the KCF when it intends to engage in law enforcement action that will likely result in a mass booking (i.e. the booking of three or more people) and the need for more than normal Additional Space. 2.4 Notification of Number of Inmates. KCF shall provide Federal Way, via facsimile or other electronic transmission sent Monday through Friday, excluding holidays, with a list of Federal Way inmates. This list shall include a list of all Federal Way inmates booked and/or released for the 24-hour period. 2.5 Terms, Conditions and Policies. Except as otherwise provided in this Agreement, Federal Way Inmates shall be subject to the same terms and conditions of confinement as Kent inmates, shall be subject to the same policies and procedures applicable to Kent inmates, and shall be provided the same services as Kent inmates. By way of example and not by way of limitation, this shall include policies and procedures regarding good time credit, the disciplinary process, the standards of release, and medical temporary releases. 2.6 Programs – Incarceration Alternatives. Subject to KCF policies and procedures, Federal Way Inmates may have the same opportunities as Kent inmates to participate in alternative programs such as but not limited to EHD, work release, and work crew. With the exception of EHD, a Federal Way Inmate participating in a program shall count as a Federal Way Inmate occupying Guaranteed Space, or if there are more than five Federal Way Inmates, Additional Space. The KCF may charge Federal Way Inmates a fee to participate in certain programs, such as EHD or work release, consistent with the rates charged to Kent inmates. 8.F.b Packet Pg. 82 At t a c h m e n t : I n t e r l o c a l A g r e e m e n t b e t w e e n t h e C i t y o f K e n t a n d C i t y o f F e d e r a l W a y f o r J a i l S e r v i c e s ( 1 8 2 2 : F e d e r a l W a y J a i l S e r v i c e s C o n t r a c t ) Jail Interlocal Agreement between City of Kent and Federal Way Page 3 of 9 2.7 Medical Program. Federal Way Inmates shall receive the same type and level of medical care, and medications under the same circumstances, as Kent inmates. Medical care and medications which are provided at the KCF by Occupational Health Services (“OHS”) staff on contract with the KCF shall be included in the rates charged for Guaranteed Space and Additional Space; provided, that in the event it is determined that an inmate is in need of medication that exceeds a cost of $1,000.00 per month to provide, the KCF shall place Federal Way on notice of the need, and after 72-hours of receiving such notice, Federal Way shall be responsible for covering the costs of the medications that accrue after the 72-hour notice period. 2.7.1 Medical Care Outside of KCF – Federal Way Responsible. Any medical care deemed, at the discretion of KCF or OHS staff, necessary for the proper care of a Federal Way Inmate, but which is provided to a Federal Way Inmate at a location other than KCF, or by medical staff other than OHS staff on contract with KCF, shall be an additional cost to Federal Way, and Federal Way shall be responsible for payment of such medical care costs. Federal Way shall also be responsible for any costs of transport of inmates by way of ambulance service to an outside medical facility. Invoices from outside medical providers or ambulance service providers shall be forwarded to Federal Way for payment by Federal Way directly to the provider. KCF will, upon request, assist Federal Way in the effort to reduce medical costs billed by outside providers. 2.7.2 Medical Temporary Release. Federal Way acknowledges that some Federal Way Inmates may have extraordinary medical care needs, and that the KCF, as a municipal facility, is not in the best position to provide medical care for these Federal Way Inmates. As a condition of this Agreement, the Federal Way Municipal Court shall be required to adopt the standards of release relating to medical temporary releases adopted by the Kent Municipal Court as now adopted or later amended. In the event KCF staff determines that a Federal Way Inmate’s medical needs should be addressed by a facility other than the KCF, KCF staff may issue a medical temporary release that is consistent with the standards of release for the KCF as approved and adopted by the Federal Way Municipal Court, and shall provide for a follow- up court date. In addition, Federal Way shall have the authority to issue a medical temporary release. 2.7.3 Booking of Ill or Injured Inmates or Inmates in Mental Crisis. It is recognized that the KCF provides medical services to inmates treatable on site, and that significant medical needs are treated off-site. Federal Way shall not book into the KCF Federal Way Inmates with medical emergencies or major medical needs, including inmates in severe mental health crisis. 2.7.4 KCF Medical Transportation and Medical Supervision Costs. Reimbursement for all actual costs incurred by Kent when transporting Federal Way Inmates to medical facilities and for supervising Federal Way Inmates during medical appointments or procedures (for example, inmates who are at a high risk of reoffending and ineligible for a medical temporary release pursuant to the adopted standards of release) are Federal Way’s sole 8.F.b Packet Pg. 83 At t a c h m e n t : I n t e r l o c a l A g r e e m e n t b e t w e e n t h e C i t y o f K e n t a n d C i t y o f F e d e r a l W a y f o r J a i l S e r v i c e s ( 1 8 2 2 : F e d e r a l W a y J a i l S e r v i c e s C o n t r a c t ) Jail Interlocal Agreement between City of Kent and Federal Way Page 4 of 9 responsibility and shall not be included in the payment for Guaranteed Space. At each billing cycle, Kent will invoice Federal Way for the cost of any Federal Way inmate medical transportation costs, including supervision costs, incurred during a billing period. The costs shall be charged at a rate of $50 per hour, and may be charged in 15-minute increments. Time shall be charged in 15 minute increments rounded to the nearest increment. [Example: An inmate is transported to a medical procedure, is supervised during the procedure, and is then transported back to the KCF. The officer spends two hours and 18 minutes performing this task. Federal Way would be billed $112.50 for the task]. This cost will be charged whether a KCF officer or Kent police officer performs the transport and supervision. 2.8 Transporting Federal Way Inmates to Court or Other Jail facilities. Federal Way shall arrange for the transport of Federal Way Inmates to all court appearances. Kent shall not be responsible for transporting Federal Way Inmates to court. Transportation for court services shall be the sole responsibility of Federal Way. Federal Way may contract with other agencies for jail services. Federal Way and Kent shall establish an operational policy regarding the transport of Federal Way Inmates from or to the KCF and from or to other correctional facilities. The operational policies shall establish a regular and efficient schedule for the transportation of Federal Way Inmates to reduce the frequency of transports. The operational policy shall also aim to avoid the transport of pretrial detainees from the KCF to a jail facility in eastern Washington in the event a court date that will result in the return of the Federal Way Inmate to the KCF is pending. 2.9 Video Court Services. KCF may make available the KCF library and video link between the KCF and the Federal Way Municipal Court in order to facilitate video hearings by the Federal Way Court for Federal Way Inmates incarcerated at the KCF. The scheduling of video link usage shall be mutually agreed upon by Kent and Federal Way; provided, the Kent Municipal Court shall have priority when establishing a time for video hearings. 2.10 Confidential Meeting Space for Federal Way Inmates and Defense Counsel. KCF shall make space available for Federal Way Inmates to meet confidentially with defense counsel in order to provide inmates with the effective assistance of counsel. 2.11 Release of Federal Way Inmates. KCF shall release Federal Way Inmates pursuant to a signed order from the Federal Way Municipal Court judge, commissioner or pro tem. KCF shall accept the Federal Way Judge’s orders sent via facsimile or other form of electronic transmission to the KCF. Federal Way Inmates shall be released to a Federal Way police or transport officer at a prescheduled time as agreed to by the Parties, and the Federal Way police or transport officer shall release Federal Way inmates within the city limits of Federal Way. Federal Way inmates shall not be released by Federal Way within the city limits of Kent unless the inmate is a resident of Kent. In the event an inmate is released on the weekend, or as a result of an emergency which results in the unavailability of a Federal Way police or transport officer, inmates may be transported by a Kent police officer to Federal Way or provided with a bus voucher; provided, Federal Way shall 8.F.b Packet Pg. 84 At t a c h m e n t : I n t e r l o c a l A g r e e m e n t b e t w e e n t h e C i t y o f K e n t a n d C i t y o f F e d e r a l W a y f o r J a i l S e r v i c e s ( 1 8 2 2 : F e d e r a l W a y J a i l S e r v i c e s C o n t r a c t ) Jail Interlocal Agreement between City of Kent and Federal Way Page 5 of 9 be responsible for the actual costs of the Kent police transport or bus voucher which shall be invoiced in accordance with this Agreement. As a condition of this Agreement, the Federal Way Municipal Court shall adopt standards of release applicable to Federal Way Inmates that are to be followed by KCF staff. The standards of release adopted by the Federal Way Municipal Court shall be the same as the standards of release adopted by the Kent Municipal Court. 2.12 Use of Electronic Home Monitoring Contractor for Federal Way Defendants not Incarcerated in the KCF Permitted. Nothing in this Agreement shall be interpreted to limit the authority of a Federal Way judge from ordering or permitting a Federal Way defendant that is not in the custody or control of KCF to use a provider of electronic home detention services other than the service provided by the KCF as a condition of a sentence or pre-trial release. However, if a Federal Way inmate is sentenced to a term of confinement in the KCF, that inmate shall be considered a Federal Way Inmate and shall be subject to the rules, policies and procedures of the KCF. KCF, at its sole discretion and subject to the policies and procedures of the KCF, will determine whether an inmate will serve his or her time on the KCF’s EHD program. The Federal Way judge shall not have the authority to designate a particular EHD program for any Federal Way inmate once the Federal Way inmate is in the custody or control of the KCF. 3. FEES. In consideration of the services enumerated in this Agreement, the Parties agree to the fees and charges below. In order to provide clarity to the Parties, Exhibit A has been attached to describe the below application of inmate fees for Guaranteed Space and Additional Space. 3.1 Guaranteed Space – Fee. Federal Way shall pay for Guaranteed Space, as that phrase is described elsewhere in this Agreement, at a rate of $750.00 per day ($273,750.00 per year). This fixed fee for guaranteed space shall be paid regardless of whether the Guaranteed Space is occupied or not. 3.2 Additional Space - Fee. The daily rate for Additional Space for each additional Federal Way Inmate who occupies the KCF over and above the Guaranteed Space shall be $20.00 per day for inmates on EHD, and $180.00 per day for occupied beds or participation in programs other than EHD. A full day shall be charged for any Federal Way Inmate who occupies Additional Space for any period of a day. For example, and not by limitation, a Federal Way Inmate who is occupying Additional Space and is booked into the KCF on Monday at 9:00 p.m., and released the following Tuesday at 1:00 pm shall be deemed to have spent two days in the KCF, and the cost of the daily rate shall be 2 X 180.00, for a total of $360.00. 3.3 Booking - Fee. Except as provided for in Section 2.1, Kent shall invoice Federal Way for booking fees in the amount of $35.00 per booking. For the purposes of this section, “booking” shall mean each instance in which a Federal Way Inmate is booked into the jail after a period in which he or she was not subject to confinement at the KCF or participating in a KCF jail program including KCF operated EHD. Federal Way Inmates who are transported for a court hearing and then transported back to the KCF at the conclusion of the hearing will not be considered booked when readmitted to the KCF. Inmates who return to the KCF on their own 8.F.b Packet Pg. 85 At t a c h m e n t : I n t e r l o c a l A g r e e m e n t b e t w e e n t h e C i t y o f K e n t a n d C i t y o f F e d e r a l W a y f o r J a i l S e r v i c e s ( 1 8 2 2 : F e d e r a l W a y J a i l S e r v i c e s C o n t r a c t ) Jail Interlocal Agreement between City of Kent and Federal Way Page 6 of 9 free will after a temporary release or medical release shall not be considered booked when readmitted to the KCF. 3.4 Additional Costs. Kent shall invoice Federal Way for all other costs as set forth in this Agreement, including: a. The costs of medications in accordance with Section 2.7 of this Agreement. b. The costs to Kent of providing transportation and supervision services to offsite medical facilities in accordance with Section 2.7.1 of this Agreement. c. The cost of bus vouchers and the costs for Kent officers to transport Federal Way Inmates to Federal Way upon release in accordance with Section 2.11 of this Agreement. Bills of medical services provided by medical providers outside of the KCF as well as ambulance transport services to outside medical providers shall be forwarded to Federal Way for payment by Federal Way 3.5 Annual Cost Inflator. On January 1, 2020, and on January 1 of each year thereafter that this Agreement is in effect, including any year in which this Agreement is extended, the fees set forth in Sections 3.1-3.2 shall be subject to an annual inflator in an amount equal to the Seattle- Tacoma-Bellevue CPI-W for June of the preceding year; provided, in the event the Seattle-Tacoma- Bellevue CPI-W for June of the preceding year is zero or a negative number, the fees set forth in Sections 3.1-3.2 shall not be reduced. 4. BILLING AND PAYMENT. Federal Way shall pay Kent the fees and costs described in this Agreement upon receipt of an invoice delivered no less than quarterly. The invoice shall be sent to Federal Way at the address provided for notices. The bill shall identify the Federal Way Inmates who occupied the KCF during the quarter by name, as well as the number of days each Federal Way Inmate occupied jail space. The bill shall also provide the booking date and inmate name for any booking fee charged, and shall describe all other fees or costs being invoiced by the date, description, and basis for the fee or cost. Federal Way shall pay to Kent the amounts invoiced within 30 days of receipt of such bill. The failure of Kent to invoice Federal Way for fees or costs shall not relieve Federal Way of the responsibility for paying any fees or costs as required by this Agreement. The Parties may agree in writing to an alternate method or timing for invoicing and payment. 5. EFFECTIVE DATE - TERMINATION. The initial term of this Agreement shall start on December 23, 2019, and shall remain in effect through December 31, 2022; provided, Federal Way may cancel the contract without penalty if it provides Kent with written notification of cancellation no later than June 23, 2019 This Agreement may be automatically renewed by the Parties for successive terms by written Agreement of the Mayor of Federal Way and the Chief Administrative Officer of Kent. Agreements for successive terms shall be agreed to by the Parties by October 1 of the year in which the current term. 5.1. Early Termination without Breach. Should either party desire to terminate this 8.F.b Packet Pg. 86 At t a c h m e n t : I n t e r l o c a l A g r e e m e n t b e t w e e n t h e C i t y o f K e n t a n d C i t y o f F e d e r a l W a y f o r J a i l S e r v i c e s ( 1 8 2 2 : F e d e r a l W a y J a i l S e r v i c e s C o n t r a c t ) Jail Interlocal Agreement between City of Kent and Federal Way Page 7 of 9 Agreement absent a breach, a notice of termination shall be provided in writing to the other party no less than 180 days prior to the effective date of the termination. 5.2. Early Termination for Breach. In the event a party is in material breach of this Agreement, the non-breaching party shall provide the breaching party with written notice of breach, along with an explanation of the basis for the breach and the method of curing the breach. If the breaching party fails to cure the breach, this Agreement may be terminated by written notice issued by the non-breaching party. In the event Federal Way is the party in breach, Federal Way shall be subject to an early termination penalty of $15,670.75 for each month remaining in the duration of the Agreement. 6. INDEMNIFICATION. 6.1. Kent shall indemnify and hold harmless Federal Way and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Kent, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against Federal Way, Kent shall defend the same at its sole cost and expense, provided that Federal Way retains the right to participate in said suit; and if final judgment be rendered against Federal Way, and its officers, agents, and employees, or any of them, or jointly against Federal Way and Kent and their respective officers, agents, and employees, or any of them, the Parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 6.2. Federal Way shall indemnify and hold harmless Kent and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Federal Way, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Kent, Federal Way shall defend the same at its sole cost and expense; provided that Kent retains the right to participate in said; and if final judgment be rendered against Kent, and its officers, agents, and employees, or any of them, or jointly against Kent and Federal Way and their respective officers, agents, and employees, or any of them, the Parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 6.3 The provisions of this Section shall survive termination of this Agreement. 7. MISCELLANEOUS. 7.1 Financing. There shall be no financing of any joint or cooperative undertaking pursuant to this Agreement, except as set forth herein. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. 8.F.b Packet Pg. 87 At t a c h m e n t : I n t e r l o c a l A g r e e m e n t b e t w e e n t h e C i t y o f K e n t a n d C i t y o f F e d e r a l W a y f o r J a i l S e r v i c e s ( 1 8 2 2 : F e d e r a l W a y J a i l S e r v i c e s C o n t r a c t ) Jail Interlocal Agreement between City of Kent and Federal Way Page 8 of 9 7.2 Property. This Agreement does not provide for the acquisition, holding or disposal of real or personal property. 7.3 Joint Administrative Board. No separate legal or administrative entity is created by this Agreement. To the extent necessary, this Agreement shall be jointly administered by the Police Chief for Federal Way or his/her designee, and the Police Chief for Kent or his/her designee, who together, shall constitute the board contemplated in RCW 39.34.030(4)(a). 7.4 Failure to File or Publish. The failure of either Party to file or publish this Agreement in accordance with RCW 39.34.040 shall not affect the enforceability of this Agreement as between the Parties. 7.5 Entire Agreement. This Agreement constitutes the entire Agreement between the Parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the Parties hereto. Either party may request amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be incorporated by written amendment hereto. 7.6 Doctrine of Contra Proferentem Not Applicable. In the event of an ambiguity of any provision of this Agreement, or a dispute regarding the meaning of any provision of this Agreement, the provision shall not be interpreted against the interest of the drafter. 7.7 Notices. Notices shall be sent to the following addresses: Mayor and Chief Administrative Officer and Police Chief Police Chief City of Federal Way City of Kent 33325 8th Avenue South 220 Fourth Avenue South Federal Way, WA 98003 Kent, WA 98032 7.8 Attorney’s Fees. Each party shall be responsible for its own attorney and legal fees in any legal proceeding brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement. 7.9 Severability. If, for any reason, any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. 8.F.b Packet Pg. 88 At t a c h m e n t : I n t e r l o c a l A g r e e m e n t b e t w e e n t h e C i t y o f K e n t a n d C i t y o f F e d e r a l W a y f o r J a i l S e r v i c e s ( 1 8 2 2 : F e d e r a l W a y J a i l S e r v i c e s C o n t r a c t ) Jail Interlocal Agreement between City of Kent and Federal Way Page 9 of 9 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed. CITY OF FEDERAL WAY CITY OF KENT Jim Ferrell Dana Ralph Mayor Mayor Dated: Dated: Approved as to Form: Approved as to Form: Ryan Call Arthur “Pat” Fitzpatrick City Attorney City Attorney Dated: Dated: 8.F.b Packet Pg. 89 At t a c h m e n t : I n t e r l o c a l A g r e e m e n t b e t w e e n t h e C i t y o f K e n t a n d C i t y o f F e d e r a l W a y f o r J a i l S e r v i c e s ( 1 8 2 2 : F e d e r a l W a y J a i l S e r v i c e s C o n t r a c t ) DATE: June 18, 2019 TO: Kent City Council SUBJECT: Ordinance Amending Ch. 9.02 KCC - "Criminal Code" - Adopt MOTION: Adopt Ordinance No. , amending the Criminal Code found in Chapter 9.02 of the Kent City Code to adopt by reference new misdemeanor crimes enacted by the state Legislature in 2019; and to adopt other applicable state laws that were not previously adopted by specific reference. SUMMARY: Generally speaking, cities have the responsibility to enforce and prosecute misdemeanor and gross misdemeanor crimes that occur within their respective city limits. However, the city of Kent can only enforce and prosecute through its Municipal Court those crimes or civil infractions that Kent has expressly adopted by ordinance, either comprehensively through individual creation and adoption, or by reference to a state statute. While Kent has adopted some Kent- specific crimes, the majority of its criminal code is adopted by reference to state crimes and enacted by the state Legislature. During its 2019 session, the state Legislature adopted a number of new laws, including firearm security and storage—requirements for dealers, and new crimes related to unsafe storage of a firearm. Before these state laws may be applied and enforced locally through the Kent Municipal Court, they must be adopted by the City Council and incorporated into the Kent City Code. Additionally, in preparing this ordinance, staff compared Ch. 9.02 KCC with the Revised Code of Washington (“RCW”) to adopt other applicable state laws that were not previously adopted by specific reference. At its June 11, 2019, meeting, the Public Safety Committee unanimously recommended Council adopt the proposed ordinance. After the Committee recommended adoption, the Law Department discovered that the exhibits for the meeting included the 2016, 2017 and 2018 previously adopted amendments to CH. 9.02 KCC, but did not include the 2019 proposed ordinance amendment. This omission was inadvertent and inconsequential, as the proposed ordinance was discussed in its entirety, and the Committee fully intended to adopt the new laws adopted by the state legislature. 8.G Packet Pg. 90 SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Innovative Government ATTACHMENTS: 1. 9.02 KCC 2019 Criminal Code Update Ordinance (PDF) 06/11/19 Public Safety Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 6/18/2019 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: Les Thomas, Councilmember AYES: Toni Troutner, Bill Boyce, Les Thomas 8.G Packet Pg. 91 1 Criminal Code Amendments - 2019 State Legislative Session ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 of the Kent City Code, entitled “Criminal Code,” to: (i) adopt by reference misdemeanor crimes enacted by the state legislature during its 2019 sessions for application and enforcement in the City of Kent; and (ii) make other housekeeping amendments to the criminal code to adopt other applicable state laws that were not previously adopted by specific reference. RECITALS A. During its 2019 legislative session, the Washington State Legislature adopted a number of bills that added new criminal provisions to the Revised Code of Washington (“RCW”).1 The Kent City Code has adopted by reference a number of state law provisions for application and enforcement in the City of Kent. Once a state law is adopted by reference into the Kent City Code, that reference is sufficient for subsequent amendments the Legislature may make to that state law provision. However, because the Legislature adopted legislation that created new crimes that didn’t previously exist, it is necessary to amend the Kent City 1 These bills included new crimes related to unsafe storage of firearms, and firearm security and storage—requirements for dealers. 8.G.a Packet Pg. 92 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 2 Criminal Code Amendments - 2019 State Legislative Session Code to similarly adopt these new state law provisions by reference for application and enforcement in Kent. B. While updating the criminal code to add these new crimes, staff made other housekeeping amendments to incorporate into the ordinance other applicable state laws that were not previously adopted by specific reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment – KCC 9.02.050. Section 9.02.050 of the Kent City Code, entitled “RCW Title 7, entitled ‘Special Proceedings and Actions’ – Adoption by reference,” is hereby amended as follows: Sec. 9.02.050. RCW Title 7, entitled “Special Proceedings and Actions” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 7.21.010 Definitions. 7.21.020 Sanctions – Who may impose. 7.21.030 Remedial sanctions – Payment for losses. 7.21.040 Punitive sanctions – Fines. 7.21.050 Sanctions – Summary imposition – Procedure. 7.21.070 Appellate review. 7.80.120 Monetary penalties – Restitution. 7.80.150 Notices – Record of – Cancellation prohibited, penalty – Audit. 8.G.a Packet Pg. 93 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 3 Criminal Code Amendments - 2019 State Legislative Session 7.80.160 Failure to exercise notice options – Failure to satisfy penalty. 7.84.060 Response to notice – Contesting determination – Mitigating circumstances – Hearing – Failure to respond or appear – Penalty. 7.84.100 Monetary penalties. 7.84.130 Failure to pay or complete community restitution – Penalty. 7.90.020 Petition for a sexual assault protection order—Creation— Contents—Administration. 7.90.090 Burden of proof – Issuance of protection order – Remedies – Violations. 7.90.110 Ex parte temporary sexual assault protection orders – Issuance. 7.92.120 Ex parte temporary order for protection – Issuance. 7.92.160 Court-initiated stalking no-contact orders. 7.94.010 Purpose – Intent. 7.94.020 Definitions. 7.94.030 Petition for order. 7.94.040 Hearings on petition – Grounds for order issuance. 7.94.050 Ex parte orders. 7.94.060 Service of orders. 7.94.070 Service by publication or mail. 7.94.080 Termination and renewal of orders. 7.94.090 Firearms – Surrender. 7.94.100 Firearms – Return – Disposal. 7.94.110 Reporting of orders. 7.94.120 Penalties. SECTION 2. – Amendment – KCC 9.02.060. Section 9.02.060 of the Kent City Code, entitled “RCW Title 9, entitled ‘Crimes and Punishments’ – Adoption by reference,” is hereby amended as follows: 8.G.a Packet Pg. 94 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 4 Criminal Code Amendments - 2019 State Legislative Session Sec. 9.02.060. RCW Title 9, entitled “Crimes and Punishments” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9.01.055 Citizen immunity if aiding officer, scope – When. 9.01.110 Omission, when not punishable. 9.01.130 Sending letter, when complete. 9.02.050 Concealing birth. 9.02.120 Unauthorized abortions – Penalty. 9.02.130 Defenses to prosecution. 9.02.170 Definitions. 9.03.010 Abandoning, discarding refrigeration equipment. 9.03.020 Permitting unused equipment to remain on premises. 9.03.030 Violation of RCW 9.03.010 or 9.03.020. 9.03.040 Keeping or storing equipment for sale. 9.04.010 False advertising. 9.04.040 Advertising cures of lost sexual potency – Evidence. 9.04.050 False, misleading, deceptive advertising. 9.04.070 False, misleading, deceptive advertising – Penalty. 9.04.090 Advertising fuel prices by service stations. 9.08.030 False certificate of registration of animals – False representation as to breed. 9.08.065 Definitions. 9.08.070 Pet animals – Taking, concealing, injuring, killing, etc. – Penalty. 8.G.a Packet Pg. 95 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 5 Criminal Code Amendments - 2019 State Legislative Session 9.08.072 Transferring stolen pet animal to a research institution – Penalty. 9.08.074 Transferring stolen pet animal to a person who has previously sold a stolen pet animal to a research institution – Penalty. 9.08.076 Transferring stolen pet animal to a research institution by a U.S.D.A. licensed dealer – Penalty. 9.08.078 Illegal sale, receipt, or transfer of pet animals – Separate offenses. 9.08.090 Acts against animal facilities. 9.12.010 Barratry. 9.12.020 Buying, demanding, or promising reward by district judge or deputy. 9.16.005 Definitions. 9.16.010 Removing lawful brands. 9.16.020 Imitating lawful brand. 9.16.030 Counterfeit mark – Intellectual property. 9.16.035 Counterfeiting – Penalties. 9.16.041 Counterfeit items – Seizure and forfeiture. 9.16.050 When deemed affixed. 9.16.060 Fraudulent registration of trademark. 9.16.070 Form and similitude defined. 9.16.080 Petroleum products improperly labeled or graded. 9.16.100 Use of the words “sterling silver,” etc. 9.16.110 Use of words “coin silver,” etc. 9.16.120 Use of the word “sterling” on mounting. 9.16.130 Use of the words “coin silver” on mounting. 9.16.140 Unlawfully marking article made of gold. 9.16.150 “Marked, stamped or branded” defined. 9.18.080 Offender a competent witness. 9.18.120 Suppression of competitive bidding. 8.G.a Packet Pg. 96 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 6 Criminal Code Amendments - 2019 State Legislative Session 9.18.130 Collusion to prevent competitive bidding – Penalty. 9.18.150 Agreements outside state. 9.24.010 Fraud in stock subscription. 9.24.040 Corporation doing business without license. 9.26A.090 Telephone company credit cards – Prohibited acts. 9.26A.100 Definitions. 9.26A.110 Fraud in obtaining telecommunications service – Penalty. 9.26A.120 Fraud in operating coin-box telephone or other receptacle. 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. 9.26A.140 Unauthorized sale or procurement of telephone records – Penalties – Definitions. 9.27.015 Interference, obstruction of any court, building, or residence – Violations. 9.35.005 Definitions. 9.35.010 Improperly obtaining financial information. 9.35.020 Identity theft. 9.35.030 Soliciting undesired mail. 9.38.010 False representation concerning credit. 9.38.015 False statement by deposit account applicant. 9.38.020 False representation concerning title. 9.38.060 Digital signature violations. 9.40.040 Operating engine or boiler without spark arrester. 9.40.100 Tampering with fire alarm or fire fighting equipment – False alarm – Penalties. 9.41.010 Terms defined. 9.41.040 Unlawful possession of firearms – Ownership, possession by certain persons – Restoration of right to possess – Penalty. 9.41.050 Carrying firearms. 9.41.060 Exceptions to restrictions on carrying firearms. 9.41.070 Concealed pistol license – Application – Fee – Renewal. 8.G.a Packet Pg. 97 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 7 Criminal Code Amendments - 2019 State Legislative Session 9.41.080 Delivery to ineligible persons. 9.41.090 Dealer deliveries regulated – Hold on delivery. 9.41.0975 Officials and Agencies—Immunity, writ of mandamus. 9.41.098 Forfeiture of firearms—Disposition—Confiscation. 9.41.100 Dealer licensing and registration required. 9.41.110 Dealer’s licenses, by whom granted, conditions, fees – Employees, fingerprinting and background checks – Wholesale sales excepted – Permits prohibited. 9.41.113 Firearm sales or transfers – Background checks – Requirements – Exceptions. 9.41.115 Penalties – Violations of RCW 9.41.113. 9.41.120 Firearms as loan security. 9.41.124 Purchasing of rifles and shotguns by nonresidents. 9.41.140 Alteration of identifying marks – Exceptions. 9.41.171 Alien possession of firearms – Requirements – Penalty. 9.41.173 Alien possession of firearms – Alien firearm license – Political subdivisions may not modify requirements – Penalty for false statement. 9.41.175 Alien possession of firearms – Possession without license – Conditions. 9.41.190 Unlawful firearms – Exceptions. 9.41.220 Unlawful firearms and parts contraband. 9.41.230 Aiming or discharging firearms, dangerous weapons. 9.41.240 Possession of pistol by person from eighteen to twenty-one. 9.41.250 Dangerous weapons – Penalty. 9.41.251 Dangerous weapons – Application of restrictions to law enforcement, firefighting, rescue, and military personnel. 9.41.260 Dangerous exhibitions. 9.41.270 Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions. 8.G.a Packet Pg. 98 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 8 Criminal Code Amendments - 2019 State Legislative Session 9.41.280 Possessing dangerous weapons on school facilities – Penalty – Exceptions. 9.41.290 State preemption. 9.41.300 Weapons prohibited in certain places – Local laws and ordinances – Exceptions – Penalty. 9.41.335 Failure to register as felony firearm offender. 9.41.345 Return of privately owned firearm or concealed pistol license by law enforcement agency – Duties – Notice – Exception. 9.41.350 Voluntary waiver of firearm rights – Procedure – Penalty – Exemption from public disclosure. 9.41.360 Unsafe storage of a firearm. 9.41.365 Firearm security and storage—Requirements for dealers. 9.41.800 Surrender of weapons or licenses – Prohibition on future possession or licensing. 9.41.810 Penalty. 9.44.080 Misconduct in signing a petition. 9.45.060 Encumbered, leased, or rented personal property – Construction. 9.45.070 Mock auctions. 9.45.080 Fraudulent removal of property. 9.45.090 Knowingly receiving fraudulent conveyance. 9.45.100 Fraud in assignment for benefit of creditors. 9.45.160 Fraud in liquor warehouse receipts. 9.45.170 Penalty. 9.45.210 Altering sample or certificate of assay. 9.45.220 Making false sample or assay of ore. 9.45.260 Fire protection sprinkler system contractors – Wrongful acts. 9.45.270 Fraudulent filing of vehicle report of sale. 9.46.0201 “Amusement game.” 9.46.0205 “Bingo.” 8.G.a Packet Pg. 99 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 9 Criminal Code Amendments - 2019 State Legislative Session 9.46.0209 “Bona fide charitable or nonprofit organization.” 9.46.0213 “Bookmaking.” 9.46.0217 “Commercial stimulant.” 9.46.0221 “Commission.” 9.46.0225 “Contest of chance. 9.46.0229 “Fishing derby.” 9.46.0233 “Fund-raising event.” 9.46.0237 “Gambling.” 9.46.0241 “Gambling device.” 9.46.0245 “Gambling information.” 9.46.0249 “Gambling premises.” 9.46.0253 “Gambling record.” 9.46.0257 “Lottery.” 9.46.0261 “Member,” “bona fide member.” 9.46.0265 “Player.” 9.46.0269 “Professional gambling.” 9.46.0273 “Punchboards,” “pull-tabs.” 9.46.0277 “Raffle.” 9.46.0282 “Social card game.” 9.46.0285 “Thing of value.” 9.46.0289 “Whoever,” “person.” 9.46.170 False or misleading entries or statements, refusal to produce records. 9.46.185 Causing person to violate rule or regulation. 9.46.190 Violations relating to fraud or deceit. 9.46.195 Obstruction of public servant – Penalty. 9.46.196 Cheating – Defined. 9.46.1961 Cheating in the first degree. 9.46.1962 Cheating in the second degree. 8.G.a Packet Pg. 100 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 10 Criminal Code Amendments - 2019 State Legislative Session 9.46.198 Working in gambling activity without license as violation – Penalty. 9.46.215 Ownership or interest in gambling device – Penalty – Exceptions. 9.46.217 Gambling records – Penalty – Exceptions. 9.46.221 Professional gambling in the second degree. 9.46.222 Professional gambling in the third degree. 9.46.228 Gambling activities by persons under age eighteen prohibited – Penalties – Jurisdiction – In-house controlled purchase programs authorized. 9.46.240 Gambling information, transmitting or receiving. 9.47.080 Bucket shop defined. 9.47.090 Maintaining bucket shop – Penalty. 9.47.100 Written statement to be furnished – Presumption. 9.47A.010 Definition. 9.47A.020 Unlawful inhalation – Exception. 9.47A.030 Possession of certain substances prohibited, when. 9.47A.040 Sale of certain substances prohibited, when. 9.47A.050 Penalty. 9.51.010 Misconduct of officer drawing jury. 9.51.020 Soliciting jury duty. 9.51.030 Misconduct of officer in charge of jury. 9.51.040 Grand juror acting after challenge allowed. 9.51.050 Disclosing transaction of grand jury. 9.51.060 Disclosure of deposition returned by grand jury. 9.55.020 Witness refusing to attend legislature or committee or to testify. 9.61.190 Carrier or racing pigeons – Injury to. 9.61.200 Carrier or racing pigeons – Removal or alteration of identification. 8.G.a Packet Pg. 101 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 11 Criminal Code Amendments - 2019 State Legislative Session 9.61.230 Telephone harassment. 9.61.240 Telephone harassment – Permitting telephone to be used. 9.61.250 Telephone harassment – Offense, where deemed committed. 9.61.260 Cyberstalking. 9.62.010 Malicious prosecution. 9.62.020 Instituting suit in name of another. 9.66.010 Public nuisance. 9.66.020 Unequal damage. 9.66.030 Maintaining or permitting nuisance. 9.66.040 Abatement of nuisance. 9.66.050 Deposit of unwholesome substance. 9.68.015 Obscene literature, shows, etc. – Exemptions. 9.68.030 Indecent articles, etc. 9.68.050 “Erotic material” – Definitions. 9.68.060 “Erotic material” – Determination by court – Labeling – Penalties. 9.68.070 Prosecution for violation of RCW 9.68.060 – Defense. 9.68.080 Unlawful acts. 9.68.100 Exceptions to RCW 9.68.050 through 9.68.120. 9.68.110 Motion picture operator or projectionist exempt, when. 9.68.130 “Sexually explicit material” – Defined – Unlawful display. 9.68.140 Promoting pornography – Class C felony – Penalties. 9.68A.011 Definitions. 9.68A.050 Dealing in depictions of minor engaged in sexually explicit conduct. 9.68A.060 Sending, bringing into state depictions of minor engaged in sexually explicit conduct. 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct. 8.G.a Packet Pg. 102 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 12 Criminal Code Amendments - 2019 State Legislative Session 9.68A.075 Viewing depictions of a minor engaged in sexually explicit conduct. 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct – Civil immunity. 9.68A.090 Communication with minor for immoral purposes – Penalties. 9.68A.102 Promoting travel for commercial sexual abuse of a minor – Penalty – Consent of minor does not constitute defense. 9.68A.103 Permitting commercial sexual abuse of a minor – Penalty – Consent of minor does not constitute defense. 9.68A.110 Certain defenses barred, permitted. 9.68A.120 Seizure and forfeiture of property. 9.68A.150 Allowing minor on premises of live erotic performance – Definitions – Penalty. 9.69.100 Duty of witness of offense against child or any violent offense – Penalty. 9.72.090 Committal of witness – Detention of documents. 9.73.010 Divulging telegram. 9.73.020 Opening sealed letter. 9.73.030 Intercepting, recording or divulging private communication – Consent required – Exceptions. 9.73.050 Admissibility of intercepted communication in evidence. 9.73.070 Persons and activities excepted from chapter. 9.73.080 Penalties. 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility. 9.73.100 Recordings available to defense counsel. 9.73.110 Intercepting, recording, or disclosing private communications – Not unlawful for building owner – Conditions. 8.G.a Packet Pg. 103 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 13 Criminal Code Amendments - 2019 State Legislative Session 9.73.230 Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor – Conditions – Written reports required – Judicial review – Notice – Admissibility – Penalties. 9.73.260 Pen registers, trap and trace devices. 9.81.010 Definitions. 9.81.030 Membership in subversive organization is felony – Penalty. 9.81.110 Misstatements are punishable as perjury – Penalty. 9.86.010 “Flag,” etc., defined. 9.86.020 Improper use of flag prohibited. 9.86.030 Desecration of flag. 9.91.010 Denial of civil rights – Terms defined. 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. 9.91.060 Leaving children unattended in a parked automobile. 9.91.130 Disposal of trash in charity donation receptacle. 9.91.140 Food stamps – Unlawful sale. 9.91.142 Food stamps – Trafficking. 9.91.144 Food stamps – Unlawful redemption. 9.91.150 Tree spiking. 9.91.160 Personal protection spray devices. 9.91.170 Interfering with dog guide or service animal. 9.91.175 Interfering with search and rescue dog. 9.91.180 Violent video or computer games. 9.92.020 Punishment of gross misdemeanor when not fixed by statute. 9.92.030 Punishment of misdemeanor when not fixed by statute. 9.92.040 Punishment for contempt. 9.92.080 Sentence on two or more convictions or counts. 9.94.041 Narcotic drugs, controlled substances, alcohol, marijuana, other intoxicant, cell phone, or other form of electronic 8.G.a Packet Pg. 104 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 14 Criminal Code Amendments - 2019 State Legislative Session telecommunications device – Possession, etc., by prisoners – Penalty. 9.96.060 Misdemeanor or gross misdemeanor offenses, persons convicted of prostitution who committed the offense as a result of being a victim of trafficking, promoting prostitution in the first degree, promoting commercial sexual abuse of a minor, or trafficking in persons, or of violating a certain statute or rule regarding the regulation of fishing – Vacating records – Domestic violence records. SECTION 3. – Amendment – KCC 9.02.080. Section 9.02.080 of the Kent City Code, entitled “RCW Title 10, entitled ‘Criminal Procedure’ – Adoption by reference,” is hereby amended as follows: Sec. 9.02.080. RCW Title 10, entitled “Criminal Procedure” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 10.01.070 Corporations – Amenable to criminal process – How. 10.01.090 Corporations – Judgment against. 10.01.100 Corporations – Penalties – Fines in lieu of other punishments. 10.01.180 Fine or costs – Default in payment – Contempt of court – Enforcement, collection procedures. 10.14.120 Disobedience of order – Penalties. 10.14.150 Jurisdiction. 10.14.170 Criminal penalty. 10.21.015 Pretrial release program. 8.G.a Packet Pg. 105 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 15 Criminal Code Amendments - 2019 State Legislative Session 10.21.030 Conditions of release – Judicial officer may amend order. 10.21.045 Conditions of release – Drugs and intoxicating liquors – Testing. 10.21.050 Conditions of release – Judicial officer to consider available information. 10.31.030 Service – How – Warrant not in possession, procedure – Bail. 10.31.040 Officer may break and enter. 10.31.050 Officer may use force. 10.31.060 Arrest by telegraph or teletype. 10.31.100 Arrest without warrant. 10.31.110 Arrest – Individuals with mental disorders. 10.66.010 Definitions. 10.66.020 When order may be issued. 10.66.040 Ex parte temporary order – Hearing – Notice. 10.66.050 Additional relief – PADT area. 10.66.090 Penalties. 10.66.100 Additional penalties. 10.66.110 Jurisdiction. 10.66.120 Venue. 10.79.040 Search without warrant unlawful – Penalty. 10.88.290 Rights of person arrested. 10.88.300 Delivery of person in violation of RCW 10.88.290 – Penalty. 10.99.010 Purpose – Intent. 10.99.020 Definitions. 10.99.030 Law enforcement officers – Training, powers, duties – Domestic violence reports. 10.99.040 Duties of court – No-contact order. 10.99.045 Appearances by defendant – Defendant’s history – No-contact order. 10.99.050 Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures – Notice of change. 8.G.a Packet Pg. 106 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 16 Criminal Code Amendments - 2019 State Legislative Session 10.99.055 Enforcement of orders. 10.99.060 Prosecutor’s notice to victim – Description of available procedures. 10.99.070 Liability of peace officers. 10.99.080 Penalty assessment (as amended by 2015 c 275). 10.99.090 Policy adoption and implementation. 10.99.901 Construction—Chapter applicable to state registered domestic partnerships. 10.99.100 Sentencing – Factors – Defendant’s criminal history. SECTION 4. – Amendment – KCC 9.02.150. Section 9.02.150 of the Kent City Code, entitled “RCW Title 26, entitled ‘Domestic Relations’ – Adoption by reference,” is hereby amended as follows: Sec. 9.02.150. RCW Title 10, entitled “Domestic Relations” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 26.04.110 Penalty for failure to deliver certificates. 26.04.240 Penalty for unlawful solemnization – Code 1881. 26.04.250 Penalty for unlawful solemnization – 1909 c 249. 26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity. 26.10.220 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity. 26.20.030 Family abandonment – Penalty – Exception. 26.20.035 Family nonsupport – Penalty – Exception. 26.20.071 Evidence – Spouse or domestic partner as witness. 8.G.a Packet Pg. 107 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 17 Criminal Code Amendments - 2019 State Legislative Session 26.20.080 Proof of wilfulness – Application of penalty provisions. 26.26.138 Restraining order – Knowing violation – Penalty – Law enforcement immunity. 26.26.210 Surrogate parenting – Definitions. 26.26.220 Surrogate parenting – Persons excluded from contracting. 26.26.230 Surrogate parenting – Compensation prohibited. 26.26.240 Surrogate parenting – Contract for compensation void. 26.26.250 Surrogate parenting – Provisions violated – Penalty. 26.26.450 Confidentiality of genetic testing – Penalty. 26.28.060 Child labor – Penalty. 26.28.070 Certain types of employment prohibited – Penalty. 26.28.080 Selling or giving tobacco to minor – Belief of representative capacity, no defense – Penalty. 26.28.085 Applying tattoo to a minor – Penalty. 26.33.370 Permanent care and custody of a child – Assumption, relinquishment, or transfer except by court order or statute, when prohibited – Penalty. 26.34.010 Compact enacted – Provisions. 26.34.030 “Appropriate public authorities” defined. 26.34.040 “Appropriate authority of the receiving state” defined. 26.34.070 “Executive head” defined – Compact administrator. 26.34.080 Violations – Penalty. 26.44.015 Limitations of chapter. 26.44.020 Definitions. 26.44.030 Reports – Duty and authority to make – Duty of receiving agency – Duty to notify – Case planning and consultation – Penalty for unauthorized exchange of information – Filing dependency petitions – Investigations – Interviews of children – Records – Risk assessment process. 26.44.040 Reports – Oral, written – Contents. 8.G.a Packet Pg. 108 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 18 Criminal Code Amendments - 2019 State Legislative Session 26.44.060 Immunity from civil or criminal liability – Confidential communications not violated – Actions against state not affected – False report, penalty. 26.44.063 Temporary restraining order or preliminary injunction – Enforcement – Notice of modification or termination of restraining order. 26.44.067 Temporary restraining order or preliminary injunction – Contents – Notice – Noncompliance – Defense – Penalty. 26.44.080 Violation – Penalty. 26.44.150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child – Penalty for violating court order. 26.50.010 Definitions. 26.50.020 Commencement of action—Jurisdiction—Venue. 26.50.110 Violation of order – Penalties. 26.50.120 Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Costs and attorney’s fee. 26.50.140 Peace officers – Immunity. 26.50.250 Disclosure of information. 26.52.010 Definitions. 26.52.020 Foreign protection orders – Validity. 26.52.050 Peace officer immunity. 26.52.070 Violation of foreign orders – Penalties. SECTION 5. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 8.G.a Packet Pg. 109 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) 19 Criminal Code Amendments - 2019 State Legislative Session SECTION 6. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 7. – 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.G.a Packet Pg. 110 At t a c h m e n t : 9 . 0 2 K C C 2 0 1 9 C r i m i n a l C o d e U p d a t e O r d i n a n c e ( 1 8 2 1 : O r d i n a n c e A m e n d i n g C h . 9 . 0 2 K C C - " C r i m i n a l C o d e " ) DATE: June 18, 2019 TO: Kent City Council SUBJECT: Master Services and Purchasing Agreement between Axon Enterprise, Inc. and the Kent Police Department for Body- Worn Cameras - Authorize MOTION: Authorize the Mayor to enter into a five-year contract with Axon Enterprise, Inc. for Body-Worn Cameras, subject to final terms and conditions acceptable to the City Attorney and Police Chief. SUMMARY: Generally, Body-Worn Cameras (“BWC”) are used to facilitate transparency in law enforcement by recording interactions between police officers and members of the public. The audio and video produced from BWC provide valuable information that may be used as evidence in civil or criminal investigations, reviewed administratively for officer evaluation and training, utilized as a reference in incident documentation, and serve to supplement officer reports and testimony in court. In December 2018, the Kent Police Department determined it would be in the best interests of the City and Officers to initiate a pilot BWC program to assess the cameras and the program. The pilot program involved 11 Kent Police Officers. Prior to implementation, the Department evaluated the market and surveyed potential vendors. Based on this research, the Police Department selected Axon Enterprise, Inc. (hereinafter referred to as “Axon”) as its preferred vendor. Currently, Axon is the vendor used by the Department for the purchase of Tasers. It is worth noting that Tasers use Evidence.com as the primary cloud-based storage platform, which is also the platform used for BWC. Using the same cloud-based platform will simplify the daily workload for officers and reduce the need for IT support. The contract with Axon is for five years, expiring in the year 2024. In accordance with this contract, Axon will provide 105 body-cameras as well as new T7 tasers, taser holsters, docks for both the cameras and tasers, training cartridges for the tasers, taser live cartridges, and storage space in evidence.com for camera footage, pictures, and statements, and police support. The total contracted cost for the body-worn cameras is $1,633,680.62 for 5 years. The payment schedule is as follows: 8.H Packet Pg. 111 Year 1: $408,931.82 Year 2: $306,187.20 Year 3: $306,187.20 Year 4: $306,187.20 Year 5: $306,187.20 BUDGET IMPACT: The cost of the program will be paid through the Red-Light Cameras. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government ATTACHMENTS: 1. Axon - Master Services and Purchasing Agreement (PDF) 2. Axon - Interview Room Appendix (PDF) 3. Axon - Statement of Work (PDF) 4. Axon - Quote (PDF) 8.H Packet Pg. 112 Master Services and Purchasing Agreement Page 1 of 24 This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and Kent Police Department (“Agency”). This Agreement is effective as of the last signature date on this Agreement (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”. This Agreement sets forth the terms and conditions for the purchase, delivery, use, and support of Axon Products and Services as detailed in Quote # Q-208651-43627.959CN (the Quote), which is hereby incorporated by reference. It is the intent of the parties that this Agreement contains the complete and exclusive statement of the agreement between the Parties relating to the matters referenced herein and replaces any prior oral or written representations or communications between the parties. In consideration of this Agreement, the Parties agree as follows: 1 Term. The term of this Agreement shall commence upon the Effective Date and shall continue for a term of five (5) years, unless terminated earlier as provided in section 15 of this Agreement . The Agency may, at its option, extend this Agreement for subsequent five (5) year terms, by providing written notice of its intent to renew at least thirty (30) days prior to the expiration of the current term. Axon services will not be authorized until a signed Quote or Purchase Order is accepted by Axon, whichever is first. Axon Evidence Subscription Term: The Axon Evidence subscription begins after shipment of the Axon body-worn cameras. If Axon ships the body-worn cameras in the first half of the month, the start date is the 1st of the following month. If Axon ships the body-worn cameras in the second half of the month, the start date is the 15th of the following month. For phased deployments, the start date begins on shipment of the first phase. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. 2 Definitions. “Axon Evidence” means Evidence.com and other software, maintenance, storage, and any product or service provided by Axon under this Agreement for use with Axon Evidence. This excludes third-party applications and my.evidence.com. “Products” means all hardware, software, cloud-based services, and software maintenance releases and updates provided by Axon under this Agreement. “Quote” means an offer to sell and is only valid for products and services on the quote at the specified prices. Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. “Services” means all services provided by Axon pursuant to this Agreement. 3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees. 4 Taxes. Agency is responsible for sales and other taxes associated with the order, unless Agency provides Axon a valid tax exemption certificate. 5 Shipping. Axon may make partial shipments and ship Products from multiple locations. All shipments are FOB Destination via common carrier and title and risk of loss pass to the Agency upon delivery to the Agency. The Agency is responsible for any shipping charges on the Quote. The Agency may reject Products that do not match the Products listed in the Quote, are damaged, or non-functional upon receipt by 8.H.a Packet Pg. 113 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 2 of 24 providing Axon written notice of rejection within 10 days of shipment. Failure to notify Axon within the 10 day rejection period will be deemed as acceptance of Product. 6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7 Warranty. 7.1 Hardware Limited Warranty. Axon warrants its law enforcement hardware is free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except for Signal Sidearm, which Axon warrants for 30 months from the date of Agency’s receipt. Axon warrants its accessories for 90-days from date of Agency’s receipt. Expended conducted energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties run from expiration of the 1-year hardware limited warranty through the extended warranty term. Non-Axon manufactured products are not covered by Axon’s warranty. Agency should contact the manufacturer for support of non- Axon manufactured products. 7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured product during the warranty term, Axon’s sole responsibility is to repair or replace the product with the same or like product, at Axon’s option. A replacement product will be new or like new and have the remaining warranty of the original product or 90 days from the date of repair or replacement, whichever is longer. When Agency exchanges a product or part, the replacement item becomes Agency’s property and the replaced item becomes Axon’s property. For support and warranty service visit www.axon.com/support. Before delivering a product for service, Agency must upload product data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained on the storage media or any part of the product. 7.3 Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Product use instructions; (b) Products used with products not manufactured or recommended by Axon; (c) abuse, misuse, intentional, or deliberate damage to the Product; (d) force majeure; (e) Products repaired or modified by persons other than Axon without Axon’s written permission; or (f) Products with a defaced or removed serial number. 7.3.1 Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Product will not exceed $5,000,000. Neither Party will be liable for direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or any other legal theory. 8 Product Warnings. See www.axon.com/legal for the most current Axon product warnings. 9 Design Changes. Axon may make design changes to any Axon product or service without notifying Agency or making the same change to products and services previously purchased by Agency. 10 Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 11 Indemnification. Axon will indemnify Agency’s officers, directors, and employees (“Agency Indemnitees”) from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a third 8.H.a Packet Pg. 114 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 3 of 24 party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under or related to this Agreement, except to the extent of negligent acts, omissions or willful misconduct by Agency. 12 IP Rights. Axon owns and reserves all right, title, and interest in Axon products and services, related software, and suggestions to Axon. Axon has and claims proprietary rights in the hardware, firmware, software, and integration of ancillary materials, knowledge, and designs constituting Axon products and services. Agency will not directly or indirectly cause any Axon proprietary rights to be violated. 13 IP Indemnification. Axon will indemnify Agency Indemnitees from and against all claims, damages, losses, liabilities, reasonable costs and expenses arising out of or relating to any third-party claim alleging that use of Axon Products or services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. Agency must provide Axon with prompt written notice of such a claim, tender to Axon the defense or settlement of such a claim at Axon’s expense, and cooperate fully with Axon in the defense or settlement of such a claim. Axon has no liability to Agency or any third party to the extent any alleged infringement or infringement claim is based upon: (a) modification of Axon Evidence by Agency or any third party not approved by Axon; (b) use of Axon Evidence in connection or in combination with hardware or services not approved or recommended by Axon; (c) use of Axon Evidence other than as permitted under this Agreement; or (d) use of other than the most current release or version of any software provided by Axon as part of or in connection with Axon Evidence. 14 Agency Responsibilities. Agency is responsible for (a) its use of Axon Products; (b) breach of this Agreement or violation of applicable law by Agency or any Agency end user; and (c) a dispute between Agency and a third party over Agency use of Axon Products. 15 Termination. 15.1 By Either Party. Agency may terminate this Agreement without cause upon thirty (30) days written notice prior to the effective date of such termination. In the event that the Agency terminates this Agreement, Axon will issue a refund of any prepaid amounts on a prorated basis from the date of notice of termination. 15.2 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s material breach, Axon will refund prepaid amounts on a prorated basis based on the date of notice of termination . 15.3 By Agency. The Agency is obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the then current fiscal year. In the event that sufficient funds will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement, this Agreement may be terminated by the Agency. The Agency agrees to deliver notice of termination under this Section at least 90 days prior to the end of the then current fiscal year. 15.4 For Legal Reasons. For Legal Reasons, by either Party in the event the Agency’s use of Axon products is rendered unlawful or impractical pursuant to applicable state or federal law and after the exhaustion of all reasonable legal action by the Agency and Axon seeking to overturn the court 8.H.a Packet Pg. 115 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 4 of 24 order or state or federal legislation that rendered the use of the products unlawful or impractical; provided, Agency shall have no obligation to take action seeking changes to federal or state legislation or rules. The Agency shall have no obligation to pay Axon a fee for any period when it is unlawful or impractical to use Axon products, unless a Court places a stay of implementation on the legal action or new law. The term of the Agreement shall be suspended during the period in which the Agency is not obligated to pay Axon and such time period shall be added to the term of the Agreement in the event, through legal action, or legislative action taken within 365 days of the passage of the original legislation which rendered it unlawful or impractical, it becomes lawful or practical to use. For the purposes of this section, “impractical” includes the inability of the Agency to use evidence obtained through Axon products in court or an instance in which court or legislative action makes the use of the product and services provided in this Agreement less than cost neutral for the Agency after taking into consideration the total cost to the Agency of utilizing the services of Axon. 15.5 Effect of Termination. Upon any termination of this Agreement: (a) all Agency rights under this Agreement immediately terminate, with the following exception s: Warranty, Evidence.com, Data storage, Product Warnings, Indemnification, IP Rights, and Agency Responsibilities will continue to apply in accordance with their terms; (b) the Agency remains responsible for all fees incurred prior to the date of termination. If the Agency purchases Products for a value less than MSRP and this Agreement is terminated before the end of the term for a reason other than due to Axon’s failure to cure a material breach or default then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid for; or (b) only in the case of termination for non-appropriations, return the Products to Axon within 30 days of the date of termination. In general, the MSRP value is paid for products received on a prorated basis for the duration of the 5-year contract at a rate of approximately 20% per year. If terminating for non- appropriations, Agency may return Products to Axon within 30 days of termination. 15.6 After Termination. Axon will not delete Agency Content for 90-days following termination. During these 90-days, Agency may retrieve Agency Content only if Agency has paid all amounts due. There will be no functionality of Axon Evidence during these 90-days other than the ability to retrieve Agency Content. The Agency will not incur additional fees if Agency Content is downloaded from Axon Evidence during this 90-day period. Axon has no obligation to maintain or provide any Agency Content after this 90-day period and will thereafter, unless legally prohibited, delete all Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Evidence. 15.7 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16 Confidentiality. Axon recognizes Agency is subject to the requirements of the Washington Public Records Act (Ch. 42.56 RCW). No information given by Axon to Agency will be of a confidential nature, unless specifically designated in writing as proprietary and confidential by Axon. However, nothing in this section shall be construed contrary to the terms of th e Public Records Act or similar laws, insofar as they may be applicable. 8.H.a Packet Pg. 116 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 5 of 24 17 General. 17.1 Delays. Axon will use commercially reasonable efforts to deliver Products and services as soon as practicable. If delivery is interrupted due to causes beyond Axon’s control, Axon may delay or terminate the delivery with reasonable notice. 17.2 Force Majeure. Neither Party will be liable for any delay or failure to perform under this Agreement due to a cause beyond the Parties’ reasonable control, including acts of God, labor disputes, industrial disturbances, utility failures, earthquake, storms, elements of nature, blockages, embargoes, riots, acts or orders of government, terrorism, or war. 17.3 Independent Contractors. The Parties are independent contractors. Neither Party has authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 17.4 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 17.5 Non-Discrimination. Neither Party nor its employees will discriminate against any person based on: race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 17.6 Export Compliance. Each Party will comply with all import and export control laws and regulations. 17.7 Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 17.8 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 17.9 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 17.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 17.11 Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices: Axon: Axon Enterprise, Inc. Attn: Contracts 17800 N. 85th Street Scottsdale, Arizona 85255 contracts@axon.com 8.H.a Packet Pg. 117 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 6 of 24 Agency: Attn: Street Address City, State, Zip Email 17.12 Entire Agreement. This Agreement, including the Appendices, represent the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each representative identified below declares that the representative is authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc. Signature: Name: Title: Date: Kent Police Department Signature: Name: Title: Date: 8.H.a Packet Pg. 118 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 7 of 24 Axon Evidence Terms of Use Appendix 1 Agency Content. “Agency Content” means software, data, text, audio, video, images or any content Agency end users (a) run on Axon Evidence; (b) cause to interface with Axon Evidence; or (c) upload to Axon Evidence under Agency account or otherwise transfer, process, use or store in connection with Agency account. 2 Access Rights. Upon Axon granting Agency an Axon Evidence subscription, Agency may access and use Axon Evidence to store and manage Agency Content during the Axon Evidence Subscription Term. Agency may not exceed more end users than the Quote specifies. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and mange TASER CEW and TASER CAM data (“TASER Data”) during the Axon Evidence Subscription Term. Agency may upload non-TASER Data to Axon Evidence Light. 3 Agency Owns Agency Content. The Agency controls and owns all right, title, and interest in Agency Content and Axon obtains no rights to the Agency Content and the Agency Content are not business records of Axon. The Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will have limited access to Agency Content solely for providing and supporting Axon Evidence to Agency and Agency end users. 4 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program (ISP) that includes logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. FBI CJIS Security Addendum. Axon agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Addendum for the Term of this Agreement. 5 Updates. For Android applications, including Axon View, Device Manager, and Capture, Axon will use reasonable efforts to support previous version of applications for 45 days. If Agency does not update their Android application to the most current version within 45 days of release, Axon may disable the application or force updates to the non-supported application. 6 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Content; (c) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and (d) maintaining necessary computer equipment and Internet connections for use of Axon Evidence. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Evidence. Agency is also responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Audit log tracking for video data is an automatic feature of Axon Evidence that details who accesses Agency Content. Agency may download the audit log at any time. Agency shall contact Axon immediately if an unauthorized third par ty may be using Agency’s account or 8.H.a Packet Pg. 119 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 8 of 24 Agency Content, or if account information is lost or stolen. 7 Privacy. Axon will not disclose Agency Content or information about Agency except as compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request for Agency Content, Axon will give Agency immediate notice so Agency may file an objection with the court or administrative body. Agency agrees to allow Axon access to certain information from Agency to: (a) perform troubleshooting services upon request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing the use of Axon Evidence; or (c) perform analytic and diagnostic evaluations of the systems. 8 Storage. For Unlimited Axon Evidence body-worn camera subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or an Axon body-worn camera. Axon may charge additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. 9 Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Evidence remains within the United States. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may suspend Agency’s or any end user’s right to access or use any portion or all of Axon Evidence immediately upon notice, if: 10.1. The Termination provisions of this Agreement apply; or 10.2. Agency or end user’s use of or registration for Axon Evidence may (a) pose a security risk to Axon Evidence or any third party; (b) adversely impact Axon Evidence, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third party to liability; or (d) be fraudulent. 10.3. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. 11 Axon Evidence Warranty. Axon warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Evidence. 12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence; 12.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any process to derive any source code included in Axon Evidence, or allow others to do the same; 12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in this Agreement; 8.H.a Packet Pg. 120 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 9 of 24 12.5. access Axon Evidence to build a competitive product or service or copy any features, functions, or graphics of Axon Evidence; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Evidence; or 12.7. use Axon Evidence to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third party privacy rights; or to store or transmit malicious code. 13 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Evidence on behalf of U.S. Federal department, Axon Evidence is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “tec hnical data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Evidence on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Evidence. 14 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Content, Storage, Axon Evidence Warranty, and Axon Evidence Restrictions. 8.H.a Packet Pg. 121 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 10 of 24 Professional Services Appendix 1 Utilization of Services. Agency must use pre-paid professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date. 2 Body-Worn Camera Full Service (BWC Full Service). BWC Full Service includes 4 consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than 4 consecutive on- site days, additional days are $2,500 per day. BWC Full Service options include: System set up and configuration • Setup Axon View on smart phones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain • Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access • One on-site session included Dock configuration • Work with Agency to decide ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On-site assistance, not to include physical mounting of docks Best practice implementation planning session • Provide considerations for establishment of video policy and system operations best practices based on Axon’s observations with other agencies • Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management • Provide referrals of other agencies using the Axon camera products and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contracted on-site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies End user go live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go live review 3 Body-Worn Camera 1-Day Service (BWC 1-Day). BWC 1-Day includes one day of on-site services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which services are appropriate. If Agency requires more than 1 day of on-site services, additional on-site assistance is $2,500 per day. The BWC 1-Day options include: 8.H.a Packet Pg. 122 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 11 of 24 System set up and configuration (Remote Support) • Setup Axon Mobile on smart phones (if applicable) • Configure categories & custom roles based on Agency need • Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access Dock configuration • Work with Agency to decide ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency • Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide 4 Body-Worn Camera Virtual 1-Day Service (BWC Virtual). BWC Virtual includes all items in the BWC 1-Day Service Package, except one day of on-site services. 5 CEW Services Packages. CEW Services Package are detailed below: System set up and configuration • Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On-site assistance included • For the CEW 1-Day Service Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the Product rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4–6 weeks prior to rollout Best practice implementation planning session to: • Provide considerations for establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies • Discuss importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEW Products and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW 1-Day Service Package: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence with the goal of educating instructors who can support Agency’s subsequent Axon Evidence training needs. 8.H.a Packet Pg. 123 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 12 of 24 • For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW 1-Day Service Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go live review For the CEW Full Service Package: On-site assistance included. For the CEW 1-Day Service Package: Virtual assistance included. 6 Smart Weapon Transition Service. The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models. Return of Old Weapons Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters. Axon will provide Agency with a Certificate of Destruction 7 Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on-site services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. Installation includes: Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed upon installation date(s). 8 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 9 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use, and will provide an initial itemized list to Agency. Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 8.H.a Packet Pg. 124 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 13 of 24 11 Site Preparation. Axon will provide one copy of current user documentation for the Products in paper or electronic form (“Product User Documentation”). Product User Documentation will include all required environmental specifications in order for the professional services and related Products to operate in accordance with Product User Documentation. Prior to the installation of Product (whether performed by Agency or Axon), Agency must prepare the location(s) where the Products are to be installed (“Installation Site”) in accordance with the environmental specifications in Product User Documentation. Following install, Agency must maintain the Installation Site in accordance with the environmental specifications. If Axon modifies Product User Documentation for any Products under this Agreement, Axon will provide the update to Agency when Axon generally releases it. 12 Acceptance. When Axon completes the professional services, Axon will present an acceptance form (“Acceptance Form”) to Agency. Agency will sign the Acceptance Form acknowledging completion of professional services. If Agency reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and will re-present the Acceptance Form for approval and signature. If Axon does not receive the signed Acceptance Form or written notification of the reasons for rejection of within 7 calendar days of delivery of the Acceptance Form, Agency will be deemed to have accepted the professional services. 13 Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause. 8.H.a Packet Pg. 125 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 14 of 24 Technology Assurance Plan Appendix If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies. 1 Term. TAP begins after shipment of the hardware covered under TAP. If Axon ships hardware in the first half of the month, TAP starts the 1st of the following month. If Axon ships hardware in the second half of the month, TAP starts the 15th of the following month. (“TAP Term”). 2 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year Hardware Limited Warranty. 3 Spare Product. Axon will provide Agency a predetermined number of spare Products for hardware items and accessories listed in the Quote (“Spare Products”). Spare Products will replace broken or non-functioning units. If Agency utilizes a Spare Product, Agency must return to Axon, through Axon’s warranty return process, any broken or non-functioning units. Axon will repair the non- functioning unit or replace with a replacement Product. Upon termination, Axon will invoice Agency the MSRP then in effect for all Spare Products provided under TAP. If Agency returns the Spare Products to Axon within 30 days of the Spare Product invoice date, Axon will issue a credit and apply it against the Spare Product invoice. 4 Officer Safety Plan Standard. The Officer Safety Plan Standard (“OSP Standard”) includes Axon Evidence Unlimited, TAP for Axon body-worn camera and Axon Dock, one TASER X2 or X26P CEW with a 4-year extended warranty, one CEW battery, and one CEW holster. Agency must purchase OSP for 5 years (“OSP Term”). At any time during the OSP Term, Agency may choose to receive the X2 or X26P CEW, battery and holster by providing a $0 purchase order. 5 Officer Safety Plan 7. Both the Officer Safety Plan 7 (“OSP 7”) and Officer Safety Plan 7 Plus (“OSP 7 Plus”) include Axon Evidence Unlimited, TAP for Axon body-worn camera and Axon Dock, one TASER 7 Certification Plan, Axon Records, and Axon Aware. OSP 7 Plus also includes Axon Aware Plus, Signal Sidearm, Auto-Tagging, Axon Performance, Axon Redaction Assistant, and Axon Citizen for Communities. Both OSP 7 offerings are subject to additional terms for services in their bundle. Agency must purchase an OSP 7 subscription for every TASER 7 CEW user. Agency must accept delivery of TASER 7 CEW and accessories as soon as available from Axon. Agency acknowledges some offerings in the OSP 7 bundles may not be generally available at the time of Agency’s OSP 7 purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an OSP 7 bundle. 6 OSP 7 Term. OSP 7 bundles begin after Axon ships the first Axon Body 3 or TASER 7 device to Agency. If Axon ships in the first half of the month, the start date is the 1st of the following month. If Axon ships in the second half of the month, the start date is the 15th of the following month. For phased deployments, each phase has its own start date and end date based on the first shipment of that phase, in accordance with the above. Each OSP 7 will run 5 years from the OSP 7 start date (“OSP 7 Term”). 7 TAP Body-Worn Upgrade. If Agency purchased 3 years of Axon Evidence Unlimited or TAP as a standalone and makes all payments, Axon will provide Agency a new Axon body-worn camera 3 years after TAP starts (“Body-Worn Upgrade”). If Agency purchases 5 years of Axon Evidence 8.H.a Packet Pg. 126 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 15 of 24 Unlimited, an OSP, or TAP as a standalone and makes all payments, Axon will provide Agency a Body-Worn Upgrade 2.5 and 5 years after TAP starts. Axon may ship the Body-Worn Upgrade at year 2.5 without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. In year 5, Axon may ship the Body-Worn Upgrade 60 days before the end of the TAP Term without prior confirmation from Agency. 7.1. TAP as a Stand-alone. If Agency purchased TAP as a standalone, Axon will provide a Body- Worn Upgrade that is the same or like product, at Axon’s option. Axon makes no guarantee the Body-Worn Upgrade will utilize the same accessories or Axon Dock. If Agency wants to change product models for the Body-Worn Upgrade, Agency must pay the price difference between the MSRP of the offered Body-Worn Upgrade and the MSRP of the model Agency is acquiring. The MSRP will be the MSRP in effect at the time of the upgrade. Axon will not provide a refund if the MSRP of the new model is less than the MSRP of the offered Body- Worn Upgrade. 7.2. OSP or Unlimited TAP. If Agency purchased Axon Evidence Unlimited or an OSP, Agency may choose a new on-officer video camera of Agency’s choice. 8 TAP Dock Upgrade. If Agency purchased TAP for Axon Dock, Axon Evidence Unlimited, or an OSP, Axon will upgrade the Axon Dock with a new Axon Dock (“Dock Upgrade”). If Agency purchased 3 years of Dock TAP, Axon will provide the Dock Upgrade 3 years after TAP starts. If Agency purchased 5 years of Dock TAP, Axon will provide a Dock Upgrade 2.5 and 5 years after TAP starts. The Dock Upgrade at year 2.5 will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for body camera compatibility. Axon may ship the Dock Upgrade at year 2.5 without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. In year 5, Axon may ship the Dock Upgrade 60 days before the end of the TAP Term without prior confirmation from Agency. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like product, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock model that is the same or like product, at Axon’s option. If Agency would like to change product models for the Dock Upgrade or change the number of bays, Agency must pay the price difference between th e MSRP for the offered Dock Upgrade and the MSRP for the model desired. The MSRP will be the MSRP in effect at the time of the upgrade. Axon will not provide a refund if the MSRP of the new model is less than the MSRP of the offered Dock Upgrade. 9 Return of Original Product. If Axon provides a warranty replacement 6 months before the date of a Body-Worn Upgrade or Dock Upgrade, that replacement is the upgrade. Wit hin 30 days of receiving a Body-Worn or Dock Upgrade, Agency must return the original Products to Axon or destroy the Products and provide a certificate of destruction to Axon including serial numbers for the destroyed Products. If Agency does not return or destroy the Products, Axon will deactivate the serial numbers for the Products received by Agency. 10 Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due, 8.H.a Packet Pg. 127 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 16 of 24 Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason: 10.1. TAP and OSP coverage terminates as of the date of termination and no refunds will be given. Axon will not provide the free upgrades. 10.2. Agency make any missed payments due to the termination before Agency may purchase any future TAP or OSP. 10.3. If any OSP terminates before the end of the OSP term, for a reason other than due to Axon’s failure to cure a material breach or default then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid for; or (b) only in the case of termination for non-appropriations, return the Products to Axon within 30 days of the date of termination. In general, the MSRP value is paid for products received on a prorated basis for the duration of the 5-year contract at a rate of approximately 20% per year. 8.H.a Packet Pg. 128 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 17 of 24 TASER 7 Appendix This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon 1. Term. If Agency purchases TASER 7 as part of OSP 7 or OSP 7 Plus, the start date for TASER 7 is the OSP 7 Term start date. Otherwise, the start date is based on initial shipment of TASER 7 hardware (“TASER 7 Start Date”). If Axon ships TASER 7 hardware in the first half of the month, the TASER 7 Start Date is the 1st of the following month. If Axon ships TASER 7 hardware in the last half of the month, the TASER 7 Start Date is the 15th of the following month. The TASER 7 term will end upon completion of the associated TASER 7 subscription in the Quote (“TASER 7 Term”). If the Quote has multiple TASER 7 ship dates, each shipment will have its own 60-month term, starting on the shipment of TASER 7 as described above. 2. Unlimited Duty Cartridge Plan. If the Quote includes “Unlimited Duty Cartridge Plan”, Agency must purchase an Unlimited Duty Cartridge Plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty, and ones that only use a CEW for training. Agency may not resell cartridges received under any TASER 7 plan. Axon will only replace cartridges used in the line of duty. 3. Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. During the TASER 7 Term, Axon will issue Agency a voucher annually beginning on the TASER 7 Start Date. The voucher has no cash value. Agency cannot exchange it for another product or service. If the Quote includes Axon Online Training or Virtual Reality Content (collectively, “Training Content”), Agency may access Training Content during the TASER 7 Term. Axon will deliver all Training Content electronically. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. 4. Extended Warranty. If the Quote includes a TASER 7 plan (TASER 7 Basic - Upfront Plus Subscription, TASER 7 Basic - Subscription, or TASER 7 Certification), extended warranty coverage is included for the TASER CEW, dock and core, and rechargeable battery as des cribed in the Hardware Limited Warranty. TASER 7 plans extended warranty coverage begins on the TASER 7 Start Date and continues for the TASER 7 Term. If the Quote does not include a TASER 7 plan, Agency may purchase extended warranties to provide coverage. 5. Spare Products. Axon may provide Agency a fixed number of spares for TASER 7 hardware in the Quote (“Spare Products”). Spare Products will replace non-functioning units. If Agency uses a Spare Product, Agency must return non-functioning units to Axon, and Axon will repair or replace the non- functioning unit. If Agency does not return Spare Products to Axon within 30 days of termination of this Agreement, Axon will invoice Agency the MSRP then in effect for all unreturned Spare Products. 6. Trade-In. If a trade-in discount is on the Quote, Agency must return used hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receiv e Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade -in discount. Agency may not destroy Trade-In Units and receive a trade-in discount. Agency Size Days to Return from TASER 7 Start Date Less than 100 officers 30 days 8.H.a Packet Pg. 129 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 18 of 24 100 to 499 officers 90 days 500+ officers 180 days 7. Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 7.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. 7.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 7.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. 8.H.a Packet Pg. 130 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 19 of 24 TASER 7 Axon Evidence Terms of Use Appendix 1 Subscription Term. The TASER 7 Axon Evidence Subscription Term begins on the TASER 7 or OSP 7 Start Date. 2 TASER 7 Agency Content. “TASER 7 Agency Content” means software, data, text, audio, video, images or other content any of Agency’s end users (a) run on Axon Evidence; (b) cause to interface with Axon Evidence; or (c) upload to Axon Evidence under Agency account or otherwise transfer, process, use or store in connection with Agency account. 3 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Axon Evidence Subscription Term. Agency may not upload any non-TASER 7 data or any other files to Axon Evidence. Agency may not exceed the number of end users than the Quote specifies. 4 Agency Owns TASER 7 Agency Content. Agency controls and owns all right, title, and interest in and to TASER 7 Agency Content and except as otherwise outlined herein, Axon obtains no interest in Agency Content, and Agency Content are not business records of Axon. Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of TASER 7 Agency Content. Axon will have limited access to TASER 7 Agency Content solely for providing and supporting Axon Evidence to Agency and Agency end users. 5 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content so Agency may file an objection with the court or administrative body. Agency acknowledges and agrees that Axon may access Agency Content in order to: (a) perform troubleshooting services upon request or as part of Axon’s maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of Axon Evidence Services; (c) generate aggregated data, excluding information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, “PII”), to improve, analyze, support, and operate Axon’s current and future products and services. 6 Axon Evidence Terms of Use Appendix. To the extent not in conflict with the terms in this Appendix, all terms in the Axon Evidence Terms of Use Appendix also apply to use of TASER 7 with Axon Evidence. 8.H.a Packet Pg. 131 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 20 of 24 Axon Auto-Tagging Appendix 1 Scope. Axon Auto-Tagging consists of development of an integration module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch (“CAD”) or Records Management Systems (“RMS”). This allows end users to auto populate Axon video meta-data with a case ID, category, and location based on data maintained in Agency’s CAD or RMS. Agency must purchase Axon Auto-Tagging for every Axon Evidence user in Agency, even if the user does not have an Axon body camera. 2 Support. After completing Auto-Tagging Services, Axon will provide up to 5 hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, so long as long as Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS. 3 Changes to Services. Axon is only responsible to perform the services in this Appendix. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 4 Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency: 4.1. Making available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible); 4.2. Making required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services; 4.3. Providing access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allowing Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services; 4.4. Providing all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services; 4.5. Promptly installing and implementing any and all software updates provided by Axon; 4.6. Ensuring that all appropriate data backups are performed; 4.7. Providing assistance, participation, and approvals in testing Auto-Tagging Services; 4.8. Providing Axon with remote access to Agency’s Axon Evidence account when required; 4.9. Notifying Axon of any network or machine maintenance that may impact the performance of the integration module at Agency; and 4.10. Ensuring reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 5 Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use, and will provide an initial list to Agency. Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 8.H.a Packet Pg. 132 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 21 of 24 Axon Aware Appendix This Axon Aware Appendix applies to both Axon Aware and Axon Aware Plus. Axon Aware Plus also includes Axon Aware. 1 Axon Aware Subscription Term. If Agency purchases Axon Aware as part of a bundled offering, the Axon Aware subscription begins on the later of: (1) the start date of that bundled offering, or (2) the date Axon provisions Axon Aware to Agency. If Agency purchases Axon Aware as a standalone, the Axon Aware subscription begins the later of: (1) the date Axon provisions Axon Aware to Agency, or (2) the first day of the month following the Effective Date. The Axon Aware subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Aware. 2 LTE Requirements. Axon Aware is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’ consent. 3 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Aware, or for bundles that include Axon Aware, Axon will end LTE service. 8.H.a Packet Pg. 133 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 22 of 24 Axon Records Appendix 1 Axon Records Subscription Term. If Agency purchases Axon Records as part of a bundled offering, the Axon Records subscription begins on the later of: (1) the start date of that bundled offering, or (2) the date Axon provisions Axon Records to Agency. If Agency purchases Axon Records as a standalone, the Axon Records subscription begins the later of (1) the date Axon provisions Axon Records to Agency or (2) the first day of the month following the Effective Date. The Axon Records subscription term will end upon the completion of the Axon Records subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon completion of the OSP 7 Term (“Axon Records Subscription”). 2 Agency Records Content. “Agency Records Content” means software, data, text, audio, video, images or any content Agency end users (a) run on Axon Records (b) cause to interface with Axon Records, or (c) upload to Axon Records under Agency account or otherwise transfer, process, use or store in connection with Agency account. 3 Access Rights. Upon Axon granting Agency an Axon Records subscription, Agency may access and use Axon Records to store and manage Agency Records Content during the Records Subscription Term. Agency may not exceed the number of end users than the Quote specifies. 4 Axon Records Core. Axon Records Core includes the following applications: Report Writer, NIBRS Incident Reporting, Axon Evidence Integration, Case Management, Civil & Protection Orders (early 2020), Physical Property, Information Exchange Access, APIs. Additional application s, as well as any Axon services needed to configure Axon Records, are not included in the Axon Records Core fee or any bundle that includes Axon Records Core. 5 Agency Owns Agency Records Content. Agency controls and owns all right, title, and interest in Agency Records Content. Except as outlined herein, Axon obtains no interest in Agency Records Content, and Agency Records Content are not business records of Axon. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Records Content. Axon will have limited access to Agency Records Content solely for providing and supporting Axon Records to Agency and Agency end users. 6 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Records Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital records; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 7 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Records Content and no Agency Records Content or Agency end user’s use of Agency Records Content or Axon Records violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for 8.H.a Packet Pg. 134 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 23 of 24 use of Axon Records. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Records. Agency is also responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Records Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Audit log tracking for video data is an automatic feature of Axon Records that details who accesses Agency Records Content. Agency may download the audit log at any time. Agency shall contact Axon immediately if an unauthorized third party may be using Agency’s account or Agency Records Content or if account information is lost or stolen. 8 Privacy. Axon will not disclose Agency Records Content or information about Agency except as compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request for Agency Records Content, Axon will give Agency notice so Agency may file an objection with the court or administrative body. Agency agrees to allow Axon access to certain information from Agency to: (a) perform troubleshooting services upon request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing the use of Axon Records; or (c) perform analytic and diagnostic evaluations of the systems. Agency hereby grants Axon an irrevocable, worldwide, royalty -free license to use Agency Content to enable Axon to create derivative works of 'scrubbed' Agency Content (collectively, “Derivative Data”). Axon may use Derivative Data to provide services to Agency, or to operate, maintain, improve, or create new products and services. Notwithstanding the foregoing and except as provided in this Agreement, Axon shall not disclose Agency Content or Derivative Data containing PII to any third party, and it will exercise commercially reasonable efforts to limit PII in Derivative Data, including, without limitation, encrypting Derivative Data in transit and stripping PII from metadata. 9 Location of Data Storage. Axon may transfer Agency Records Content to third party subcontractors for storage. Axon will determine the locations of data centers where Agency Records Content will be stored. For United States agencies, Axon will ensure all Agency Records Content stored in Axon Records remains within the United States. Ownership of Agency Records Content remains with Agency. 10 Suspension. Axon may suspend Agency’s or any end user’s right to access or use any portion or all of Axon Records immediately upon notice, if: 10.1. The Termination provisions of this Agreement apply; or 10.2. Agency or end user’s use of or registration for Axon Records may (a) pose a security risk to Axon Evidence or any third party, (b) adversely impact Axon Records, the systems, or content of any other customer, (c) subject Axon, Axon’s affiliates, or any third party to liability, or (d) be fraudulent. Agency remains responsible for all fees and charges incurred through suspension. Axon will not delete Agency Records Content because of suspension, except as specified in this Agreement. 11 Axon Records Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Records. 8.H.a Packet Pg. 135 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Master Services and Purchasing Agreement Page 24 of 24 12 Axon Records Restrictions. All Axon Records subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Records; 12.2. reverse engineer, disassemble, or decompile Axon Records or apply any other process to derive any source code included in Axon Records, or allow any others to do the same; 12.3. access or use Axon Records with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Axon Records, except as expressly permitted in this Agreement; 12.5. access Axon Records to build a competitive product or service or copy any features, functions, or graphics of Axon Records; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Records; or 12.7. use Axon Records to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third party privacy rights, or to sto re or transmit malicious code. 13 After Termination. Axon will not delete Agency Records Content for 90-days following termination. During these 90-days, Agency may retrieve Agency Records Content only if Agency has paid all amounts due. There will be no functionality of Axon Records during these 90-days other than the ability to retrieve Agency Records Content. Agency will not incur additional fees if Agency downloads Agency Records Content from Axon Records during this time. Axon has no obligation to maintain or provide any Agency Records Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Records Content stored in Axon Records. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Records Content from Axon Records. 14 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to al l customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Records Content, including requests for Axon’s Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Records on behalf of U.S. Federal department, Axon Records is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Records on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Records. 16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Records Content, Storage, Axon Records Warranty, and Axon Records Restrictions. 8.H.a Packet Pg. 136 At t a c h m e n t : A x o n - M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Axon Interview Room Appendix 1 Axon Interview Room Axon Evidence Term. The Axon Evidence Subscription for Axon Interview Room begins after shipment of Axon Interview Room hardware. If Axon ships Axon Interview Room hardware in first half of the month, the Axon Interview Room start date is the 1st of the following month. If Axon ships Axon Interview Room hardware in the last half of the month, the start date is the 15th of the following month. For phased deployments, the Interview Room Subscription begins upon the shipment of the first phase, and subsequent phases will begin upon shipment of that phase. The Axon Interview Room subscription term will end upon the completion of the Axon Evidence subscription as documented in the Quote (“Interview Room Subscription”). 2 Statement of Work. The Axon Interview Room Statement of Work (“Interview Room SOW”) attached to this Appendix details Axon’s professional services deliverables. Axon is only responsible to perform services described in the Interview Room SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 3 Axon Interview Room Unlimited. For Axon Interview Room Unlimited Axon Evidence subscription, unlimited data may be stored as part of Axon Interview unlimited storage only if the data originates from Axon Interview Room hardware. 8.H.b Packet Pg. 137 At t a c h m e n t : A x o n - I n t e r v i e w R o o m A p p e n d i x ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) 8.H.b Packet Pg. 138 At t a c h m e n t : A x o n - I n t e r v i e w R o o m A p p e n d i x ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) > Page 1 of 7 STATEMENT OF WORK DOCUMENT Axon Channel Services Created For: Kent Police Department Sold By: Designed By: Deployed By: Chris Neubeck Jason South Axon PSO 8.H.c Packet Pg. 139 At t a c h m e n t : A x o n - S t a t e m e n t o f W o r k ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) > Page 2 of 7 MIGRATION OVERVIEW CUSTOMER NAME Kent Police Deparment Street Address: City: 220 4th Avenue South Kent STATE or Country: ZIP CODE: WA 98032 AGENCY CONTACT (NAME): AGENCY CONTACT EMAIL/PHONE#: AGENCY AXON DEMS: AXON EVIDENCE URL Evidence.com Channel Services Summary Total Data 2.5TB Customer Data Source §VeriPic Data Types §Multiple, including proprietary/non-standard codecs Details Axon will perform the migration of data remotely in accordance with Statement of Work below. CHANNEL SERVICE DETAILS The following sections detail the channel services to be provided Data Details Total Data 2.5 Terabytes of digital data will be imported in Axon Evidence Evidence Audit Trails §Will be ingested from VeriPic database Metadata Customer will work with Axon to mutually determine and agree on appropriate Axon Evidence fields to map this metadata. This can be described in the metadata mapping matrix. Notes Service 8.H.c Packet Pg. 140 At t a c h m e n t : A x o n - S t a t e m e n t o f W o r k ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) > Page 3 of 7 Channel Service Axon will facilitate the one-time migration of evidence data indicated in the data details section of this document to customer’s Axon Evidence instance for storage and management. Playback of assets migrated is not necessarily supported in Axon Evidence, this can be verified prior to initiation of services by ingesting a sample of each file type into Axon Evidence. An Axon Field Engineer (AFE) will develop the migration software. The AFE will remotely install and run the software on customer’s network to facilitate the migration directly to your Axon Evidence instance. Evidence will be encrypted during transfer and securely hashed to verify completion and authenticity of migrated evidence. At the completion of the channel services, Axon will notify customer and provide verification reports. These reports include hash comparisons for authenticating the data migrated. When customer has verified migration of all requested data, customer may uninstall migration software and delete the legacy data in accordance with your policies. Preliminary Work Prior to the start of the project: §Customer will cease ingestion of new data into legacy system. §Customer must facilitate an export of assets from legacy system back to their original format (i.e. .jpg). §Customer will create a backup of this database. Database copy must have a matching name to map it to the exported assets (i.e. filename) §Customer will create API clients via Axon Evidence administrative interface with documentation and support from Axon Project Manager §Customer will create or designate sample files to test the migration tool. Sample files should be from the same source as evidence being migrated. §Customer will securely share API client outputs, database copy, and sample files via an access controlled Sharepoint folder, OneDrive folder, or a customer provided tool. Access to the database is solely for the purposes of the Axon Field engineer to review the data structure, develop, and test the migration software. NOTE: Customer may also provide secure network access through a Zoom meeting or customer provided VPN to the copy of the database and the sample files. Axon Field Engineer will remote in to the sample environment for the development and testing of the migration software. Testing and Validation An Axon Field Engineer (AFE) will develop and test migration software using the provided database copy and sample files. Customer resource shall be made reasonably available throughout development to support navigation of legacy database and validation of the Axon Evidence fields to map metadata. Upon completion of development Axon Project Manager will schedule a call with customer stakeholders. Axon will demonstrate a migration into test Axon Evidence instance. Customer will sign off that the required metadata fields are present and match up to mutually agreed Axon Evidence fields. 8.H.c Packet Pg. 141 At t a c h m e n t : A x o n - S t a t e m e n t o f W o r k ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) > Page 4 of 7 Transfer Facilitation Method Upon completion and validation of the software, customer will provide admin credentials to the legacy database copy. This can be done by creating a user in the legacy system with administrative rights with the below credentials. Username: MigrationServices Password: AxonMigration! When admin credentials are provided, customer will provide AFE network access to install and run the migration software. Remote access can be provided through a Zoom meeting or customer provided VPN. An AFE will access customer network to install and run the migration software. This will run on customer network directly to your Axon Evidence instance. Evidence will be encrypted during transfer and securely hashed to verify completion and authenticity of migrated evidence. During migration, Axon’s Field engineer will periodically access customer network to check the migration status and verify its operation. Axon Field Engineer will review failure logs to identify and rectify any issues and retry to migrate any failures. At the completion of the migration any unresolved failures will be provided in a report to the customer. Technical Resources Hardware Specifications Customer will provide access to a modern Windows server on customer network as detailed in the server specifications document in Appendix 1. Connectivity Specifications API requests require HTTPS port 443, network IP should be whitelisted in customer Axon Evidence account. Migration speed is dependent on bandwidth availability at customer site. Availability Customer will ensure reasonable availability by phone or email of knowledgeable staff and personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon including but not limited to explanation and verification of metadata mapping and facilitating network access. 8.H.c Packet Pg. 142 At t a c h m e n t : A x o n - S t a t e m e n t o f W o r k ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) > Page 5 of 7 Agreement Project Management 1. Axon will assign a Project Manager that will provide the expertise to execute a successful migration. The Project Manager will have knowledge and experience with all phases of the project management lifecycle and service being implemented. He/she will work closely with the customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and on budget. Acceptance At the completion of the migration, Axon will notify customer, provide verification reports, and an acceptance form. Upon receipt of notification, customer is responsible for reviewing provided reports and Axon Evidence auditing tools to verify that the scope of the project has been completed including but not limited to the migration and hash verification of all requested of data, metadata, and audit trails. Acceptance forms must be accepted or rejected within ten business days of receipt or acceptance is automatically verified. Data Ownership Data Ownership 1.All digital evidence stored on Axon’s Axon Evidence is owned by the customer. Our contracts are constructed to ensure that you retain all ownership of your data. Should the agreement be terminated, Axon will provide access for the Agency to securely migrate its own data or offer a service for Axon to migrate the data on behalf of the Agency. 2.All digital evidence stored on the Axon Evidence platform is owned by the agency and can be exported at any time. This process can be facilitated in a number of ways including the bulk export feature. If your agency wishes to extract all data stored in the application, data is exported in the format it was recorded (MP4 for Axon captured files). The simplest method for data/metadata return is via system APIs. Axon’s API manual will be made available upon request, which details steps for developers to follow for this contingency. This would facilitate the return of data with minimal cost and high efficiency. 8.H.c Packet Pg. 143 At t a c h m e n t : A x o n - S t a t e m e n t o f W o r k ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) > Page 6 of 7 Axon Enterprise Inc. By signing this Statement of Work, you are agreeing to the items set forth in this document and Axon’s Master Services & Purchasing Agreement and Channel Services Appendix. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign Statement of Work. Changes to the scope of this SOW must be documented and agreed upon by the Parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order, signed by both Parties. Signature: _____________________________________________ Date: __________________________ Name (Print): _________________________________________ Title: ___________________________________________________ 8.H.c Packet Pg. 144 At t a c h m e n t : A x o n - S t a t e m e n t o f W o r k ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) > Page 7 of 7 Appendix 1 System Requirements and Firewall Permissions Customer will provide access to a modern Windows server to install and run migration tool. § Server should be running on customer network § Server should have connection to the legacy database § Server should have connection to file repository(s) Server Hardware Requirements Minimum Recommended Processor 1x Quad-Core Intel Xeon E3 (1.7 GHz) 2x Quad-Core Intel Xeon E5 (2.66 GHz) Memory 32 RAM GB 64 GB RAM Internal Drive 500 GB HDD 500 GB SSD Network 10/100 Ethernet Gigabit Ethernet Operating System Windows Server 2008 R2 Windows Server 2012 R2 Depending on the configuration and location of the legacy DB server, file repository, and customer’s firewall, some special configuration might be required to ensure communication with the server where the migration application is running. The following ports should be opened: Type Port Outbound HTTPS 443 Outbound 53 Outbound 80 DB Server Ports 8.H.c Packet Pg. 145 At t a c h m e n t : A x o n - S t a t e m e n t o f W o r k ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Kent Police Dept. -WA ISSUED 6/11/2019 AXON SALES REPRESENTATIVE Chris Neubeck 602-708-0074 cneubeck@axon.com Q-208651-43627.959CN 1 8.H.d Packet Pg. 146 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Payment Terms: Net 30 Delivery Method: Fedex -Ground Q-208651-43627.959CN Year 1 -OSP 7+ Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 20140 TASER 7 DUTY CARTRIDGE REPLENISHMENT PROGRAM 105 0.00 0.00 0.00 80011 BASIC EVIDENCE.COM LICENSE: 5 YEAR 10 0.00 0.00 0.00 85114 EVIDENCE.COM INCLUDED STORAGE (GB)-5 YEAR CONTRACT 100 0.00 0.00 0.00 85114 EVIDENCE.COM INCLUDED STORAGE (GB)-5 YEAR CONTRACT 4,200 0.00 0.00 0.00 20141 TASER 7 EVIDENCE.COM LICENSE 105 0.00 0.00 0.00 73420 AXON RECORDS LICENSE: 5 YEAR 105 0.00 0.00 0.00 80051 AXON AUTO TAGGING SERVICE ADD-ON: 5 YEAR 105 0.00 0.00 0.00 20141 TASER 7 EVIDENCE.COM LICENSE 2 0.00 0.00 0.00 80022 PRO EVIDENCE.COM LICENSE: YEAR 1 PAYMENT 59 468.00 468.00 27,612.00 85110 EVIDENCE.COM INCLUDED STORAGE 1,770 0.00 0.00 0.00 Hardware 20008 TASER 7 HANDLE, HIGH VISIBILITY, CLASS 3R 105 0.00 0.00 0.00 20040 TASER 7 HANDLE WARRANTY, 4-YEAR 105 0.00 0.00 0.00 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE)202 0.00 0.00 0.00 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE)202 0.00 0.00 0.00 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE)210 0.00 0.00 0.00 Issued: 06/11/2019 Quote Expiration: 06/21/2019 Account Number: 106698 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Protect Life. PRIMARY CONTACT Eric Hemmen Phone: (253) 856-5837 Email: ehemmen@kentwa.gov BILL TO Kent Police Dept. -WA 400 W. GOWE ST. SUITE 122 Kent, WA 98032 US SHIP TO Eric Hemmen Kent Police Dept. -WA 220 4TH AVE. SOUTH Kent, WA 98032 US SALES REPRESENTATIVE Chris Neubeck Phone: 602-708-0074 Email: cneubeck@axon.com Fax: (480) 658-0629 Q-208651-43627.959CN 2 8.H.d Packet Pg. 147 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Year 1 -OSP 7+ (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) Hardware (Continued) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE)210 0.00 0.00 0.00 20014 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 210 0.00 0.00 0.00 20015 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART 210 0.00 0.00 0.00 20018 TASER 7 BATTERY PACK, TACTICAL 126 0.00 0.00 0.00 20041 TASER 7 BATTERY PACK WARRANTY, 4-YEAR 126 0.00 0.00 0.00 20160 TASER 7 HOLSTER -SAFARILAND, RIGHT HAND 99 0.00 0.00 0.00 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 210 0.00 0.00 0.00 20161 TASER 7 HOLSTER -SAFARILAND, LEFT HAND 6 0.00 0.00 0.00 74200 DOCK AND CORE, TASER 7 2 0.00 0.00 0.00 20042 TASER 7 DOCK & CORE WARRANTY, 4-YEAR 2 0.00 0.00 0.00 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 0.00 0.00 0.00 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 0.00 0.00 0.00 20016 TASER 7 INERT CARTRIDGE, STANDOFF (3.5- DEGREE)24 0.00 0.00 0.00 20017 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE)24 0.00 0.00 0.00 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2, BLK 105 499.00 499.00 52,395.00 71026 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK 105 0.00 0.00 0.00 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON RAPIDLOCK 105 0.00 0.00 0.00 11553 SYNC CABLE, USB A TO 2.5MM 105 0.00 0.00 0.00 74008 AXON DOCK, 6 BAY + CORE, AXON BODY 2 2 1,495.00 1,495.00 2,990.00 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 42.00 42.00 84.00 74009 AXON DOCK, SINGLE BAY + CORE, AXON BODY 2 96 375.00 375.00 36,000.00 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE)8 38.00 0.00 0.00 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE)8 38.00 0.00 0.00 Other 73453 OFFICER SAFETY PLAN 7 PLUS 105 0.00 0.00 0.00 Protect Life.Q-208651-43627.959CN 3 8.H.d Packet Pg. 148 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Year 1 -OSP 7+ (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) Other (Continued) 73460 EVIDENCE.COM UNLIMITED PLUS DOCK TAP: 5 YEAR 105 0.00 0.00 0.00 75000 SIGNAL SIDEARM ADHESIVE MOUNT 105 0.00 0.00 0.00 75001 SIGNAL SIDEARM ADHESIVE MOUNT REMOVAL KIT 105 0.00 0.00 0.00 73410 AXON AWARE PLUS V SERVICE LINE: 5 YEAR 105 0.00 0.00 0.00 73465 Performance Service: 5 Year 105 0.00 0.00 0.00 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED)1 0.00 0.00 0.00 20147 AXON DEVELOPED OCULUS TRAINING CONTENT ACCESS 1 0.00 0.00 0.00 20135 OCULUS GO STANDALONE VIRTUAL REALITY HEADSET 1 0.00 0.00 0.00 20146 TASER 7 ONLINE TRAINING CONTENT ACCESS 105 0.00 0.00 0.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 0.00 0.00 0.00 73455 OFFICER SAFETY PLAN 7 PLUS ANNUAL PAYMENT 105 2,388.00 2,203.40 231,357.00 73490 REDACTION ASSISTANT 51-150 SWORN AGENCY- WIDE LICENSE: 5 YEAR 1 0.00 0.00 0.00 73570 CITIZEN FOR COMMUNITIES 51-150 SWORN AGENCY-WIDE LICENSE: 5 1 0.00 0.00 0.00 Services 85055 AXON FULL SERVICE 1 17,000.00 17,000.00 17,000.00 11609 SMART WEAPON TRANSITION SERVICE 1 2,000.00 2,000.00 2,000.00 85147 CEW STARTER 1 2,750.00 2,750.00 2,750.00 Subtotal 372,188.00 Estimated Shipping 0.00 Estimated Tax 36,743.82 Total 408,931.82 Year 1 -Trade-In Credit Item Description Quantity List Unit Price Net Unit Price Total (USD) Other 20104 TASER 7 TRADE-IN UPFRONT PURCHASE 105 0.00 0.00 0.00 Protect Life.Q-208651-43627.959CN 4 8.H.d Packet Pg. 149 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Year 1 -Trade-In Credit (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) Other (Continued) 20150 TASER 7 TRADE-IN CARTRIDGE 105 0.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Spares Item Description Quantity List Unit Price Net Unit Price Total (USD) Hardware 20008 TASER 7 HANDLE, HIGH VISIBILITY, CLASS 3R 3 0.00 0.00 0.00 20040 TASER 7 HANDLE WARRANTY, 4-YEAR 3 0.00 0.00 0.00 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2, BLK 6 499.00 0.00 0.00 71026 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK 6 0.00 0.00 0.00 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON RAPIDLOCK 6 0.00 0.00 0.00 11553 SYNC CABLE, USB A TO 2.5MM 6 0.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 1 -Channel Services Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 85035 EVIDENCE.COM STORAGE 3,000 0.75 0.00 0.00 Other 80190 Evidence.com Channel Services 1 10,000.00 0.00 0.00 80191 Evidence.com Channel Migration, TB 3 500.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 1 -Interview Room Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 50071 AXON STREAMING SERVER LICENSE (PER SERVER)2 1,750.00 0.00 0.00 50055 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 1 PAYMENT 4 1,188.00 0.00 0.00 Protect Life.Q-208651-43627.959CN 5 8.H.d Packet Pg. 150 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Year 1 -Interview Room (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) Hardware 50281 AXIS CAMERA, AXIS Q3515-LV NETWORK CAMERA 4 985.00 0.00 0.00 50118 LOUROE DV-ML MICROPHONE (POE)4 196.50 0.00 0.00 50206 RECORDING SERVER LITE, 1U RACK SERVER, XEON (4-CORE), 8GB ME 2 1,750.00 0.00 0.00 74062 INTERVIEW ROOM 5 YR EXTENDED WARRANTY 4 1,240.99 0.00 0.00 50221 HP SWITCH -24PORT GIGABIT POE MANAGED SWITCH -NON SER 1 1,304.35 0.00 0.00 Services 85170 INTERVIEW ROOM, INSTALL AND SETUP 3 2,500.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 2 -OSP 7+ Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80023 PRO EVIDENCE.COM LICENSE: YEAR 2 PAYMENT 59 468.00 468.00 27,612.00 85110 EVIDENCE.COM INCLUDED STORAGE 1,770 0.00 0.00 0.00 Hardware 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE)210 0.00 0.00 0.00 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE)210 0.00 0.00 0.00 20014 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 210 0.00 0.00 0.00 20015 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART 210 0.00 0.00 0.00 Other 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 0.00 0.00 0.00 73455 OFFICER SAFETY PLAN 7 PLUS ANNUAL PAYMENT 105 2,388.00 2,388.00 250,740.00 Subtotal 278,352.00 Estimated Tax 27,835.20 Total 306,187.20 Protect Life.Q-208651-43627.959CN 6 8.H.d Packet Pg. 151 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Year 2 -Channel Services Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 85035 EVIDENCE.COM STORAGE 3,000 0.75 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 2 -Interview Room Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 50072 AXON STREAMING SERVER SOFTWARE MAINTENANCE ANNUAL PAYMENT 2 350.00 0.00 0.00 50056 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 2 PAYMENT 4 1,188.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 3 -OSP 7+ Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80024 PRO EVIDENCE.COM LICENSE: YEAR 3 PAYMENT 59 468.00 468.00 27,612.00 85110 EVIDENCE.COM INCLUDED STORAGE 1,770 0.00 0.00 0.00 Hardware 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE)210 0.00 0.00 0.00 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE)210 0.00 0.00 0.00 20014 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 210 0.00 0.00 0.00 20015 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART 210 0.00 0.00 0.00 73311 8-BAY DOCK AXON BODY CAMERA REFRESH ONE 1 0.00 0.00 0.00 Other 73309 AXON BODY CAMERA REFRESH ONE 105 0.00 0.00 0.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00 Protect Life.Q-208651-43627.959CN 7 8.H.d Packet Pg. 152 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Year 3 -OSP 7+ (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) Other (Continued) 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 0.00 0.00 0.00 73455 OFFICER SAFETY PLAN 7 PLUS ANNUAL PAYMENT 105 2,388.00 2,388.00 250,740.00 Subtotal 278,352.00 Estimated Tax 27,835.20 Total 306,187.20 Year 3 -Channel Services Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 85035 EVIDENCE.COM STORAGE 3,000 0.75 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 3 -Interview Room Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 50072 AXON STREAMING SERVER SOFTWARE MAINTENANCE ANNUAL PAYMENT 2 350.00 0.00 0.00 50057 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 3 PAYMENT 4 1,188.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 4 -OSP 7+ Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80025 PRO EVIDENCE.COM LICENSE: YEAR 4 PAYMENT 59 468.00 468.00 27,612.00 85110 EVIDENCE.COM INCLUDED STORAGE 1,770 0.00 0.00 0.00 Hardware 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE)210 0.00 0.00 0.00 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE)210 0.00 0.00 0.00 20014 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 210 0.00 0.00 0.00 Protect Life.Q-208651-43627.959CN 8 8.H.d Packet Pg. 153 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Year 4 -OSP 7+ (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) Hardware (Continued) 20015 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART 210 0.00 0.00 0.00 Other 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 0.00 0.00 0.00 73455 OFFICER SAFETY PLAN 7 PLUS ANNUAL PAYMENT 105 2,388.00 2,388.00 250,740.00 Subtotal 278,352.00 Estimated Tax 27,835.20 Total 306,187.20 Year 4 -Channel Services Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 85035 EVIDENCE.COM STORAGE 3,000 0.75 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 4 -Interview Room Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 50072 AXON STREAMING SERVER SOFTWARE MAINTENANCE ANNUAL PAYMENT 2 350.00 0.00 0.00 50058 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 4 PAYMENT 4 1,188.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 5 -OSP 7+ Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 80026 PRO EVIDENCE.COM LICENSE: YEAR 5 PAYMENT 59 468.00 468.00 27,612.00 85110 EVIDENCE.COM INCLUDED STORAGE 1,770 0.00 0.00 0.00 Hardware 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE)210 0.00 0.00 0.00 Protect Life.Q-208651-43627.959CN 9 8.H.d Packet Pg. 154 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Year 5 -OSP 7+ (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) Hardware (Continued) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE)210 0.00 0.00 0.00 20014 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 210 0.00 0.00 0.00 20015 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART 210 0.00 0.00 0.00 73312 8-BAY DOCK AXON BODY CAMERA REFRESH TWO 1 0.00 0.00 0.00 Other 73310 AXON BODY CAMERA REFRESH TWO 105 0.00 0.00 0.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 0.00 0.00 0.00 73455 OFFICER SAFETY PLAN 7 PLUS ANNUAL PAYMENT 105 2,388.00 2,388.00 250,740.00 Subtotal 278,352.00 Estimated Tax 27,835.20 Total 306,187.20 Year 5 -Channel Services Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 85035 EVIDENCE.COM STORAGE 3,000 0.75 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 5 -Interview Room Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 50072 AXON STREAMING SERVER SOFTWARE MAINTENANCE ANNUAL PAYMENT 2 350.00 0.00 0.00 50059 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 5 PAYMENT 4 1,188.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Grand Total 1,633,680.62 Protect Life.Q-208651-43627.959CN 10 8.H.d Packet Pg. 155 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Summary of Payments Payment Amount (USD) Year 1 -OSP 7+408,931.82 Year 1 -Trade-In Credit 0.00 Spares 0.00 Year 1 -Channel Services 0.00 Year 1 -Interview Room 0.00 Year 2 -OSP 7+306,187.20 Year 2 -Channel Services 0.00 Year 2 -Interview Room 0.00 Year 3 -OSP 7+306,187.20 Year 3 -Channel Services 0.00 Discounts (USD) Quote Expiration: 06/21/2019 List Amount 1,583,385.31 Discounts 97,789.31 Total 1,485,596.00 *Total excludes applicable taxes Protect Life.Q-208651-43627.959CN 11 8.H.d Packet Pg. 156 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Summary of Payments (Continued) Payment Amount (USD) Year 3 -Interview Room 0.00 Year 4 -OSP 7+306,187.20 Year 4 -Channel Services 0.00 Year 4 -Interview Room 0.00 Year 5 -OSP 7+306,187.20 Year 5 -Channel Services 0.00 Year 5 -Interview Room 0.00 Grand Total 1,633,680.62 Protect Life.Q-208651-43627.959CN 12 8.H.d Packet Pg. 157 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Sold By: Chris Neubeck Designed By: Jason South Installed By:Axon Professional Services Customer Contact: Matthew Holmes Target Install Date: 09/30/2019 Agency Created For:Kent Police Dept. -WA Axon Interview Recording Platform This document details a proposed system design STATEMENT OF WORK & CONFIGURATION DOCUMENT 13 QR-7708 -a3bf3000001CFq4AAG 8.H.d Packet Pg. 158 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Total Camera Configurations 4 Camera(s)Locations # Rooms 0 Covert Enclosure(s) 4 Microphone(s) Injector(s) Total Switches 1 POE Switch(es) Total Servers 2 Server(s) (customer-provided included) Total Touch Panels 0 Touch Panel(s) (virtual not included) 0 Wall Mount(s) Total Camera Configurations 0 I/O Box(es) AXON-PROVIDED HARDWARE SUMMARY The following section offers a broad summary of the Axon -provided hardware needed to configure this order. With the exception of server quantities, QUANTITIES DO NOT REFLECT CUSTOMER-PROVIDED ITEMS. AXON INTERVIEW RECORDING PLATFORM This image is intended to be a general visual of how Interview Room is configured. Please read through the SOW for configuration specific to this deal. Locations # Rooms Headquarters 2 14 QR-7708 -a3bf3000001CFq4AAG 8.H.d Packet Pg. 159 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) INTERVIEW ROOM OVERVIEW The following sections detail the configuration of the Axon Interview recording system at all locations. Network Considerations Network Requirements Each IP Camera will be connected to a POE switch that provides the device with power and network connectivity. Each Recording Server must be given a static IPv4 network address that is routable across the network. Each IP Camera must be given a static IPv4 network address that is routable across the network. Each touch panel/kiosk must be given a static IPv4 network address that is routable across the network. Network Addressing Network Device Static IPs Total IPs Qty of IP Cameras 4 6Qty of Touch Panels 0 Qty of Recording Servers 2 Data Switch Provisioning This install will require POE data switches at each location. Virtual Kiosks 2 workstations will require virtual kiosk software to be installed. Customer Provided Items Customer to provide all device IP addresses Customer to also provide: • Subnet Mask • Gateway IP • DNS/WINS IP • Time Server IP Customer IT staff will configure all switches with proper network configuration. Metadata Tags Metadata Tagging The system will collect metadata information prior to, and after, the interview recording process (i.e. Interviewer Name, Interviewee Name, Case Number). Metadata Tags Information collected prior to recording: • Interviewee first and last name • Case number • Case type • Interviewee type Information collected post recording: • Interviewer name(s) Customer Provided Items Customer to provide preferred metadata fields. Axon Provided Items Axon to facilitate the creation of metadata fields. 15 QR-7708 -a3bf3000001CFq4AAG 8.H.d Packet Pg. 160 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) NETWORK CONFIGURATION DETAILS The following section offers a broad summary of the Axon-provided hardware needed to configure this order. Evidence Management System Evidence.com Application Features Network Applications: • Remote monitoring application Evidence.com Application Features: • Secure Cloud Storage • Redaction • Download/Sharing • Audit Trail • Reporting Application Package This solution will include on-site application training covering: • Touch panel overview • Initiating interview wizard • Entering metadata • Controlling the interview process • Closing an interview • Evidence.com functionality Notes Additional General Deal Notes Training Network Configuration Details 16 QR-7708 -a3bf3000001CFq4AAG 8.H.d Packet Pg. 161 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) LOCATION DETAILS: Headquarters The following sections detail the configuration of the Axon Interview recording system at HEADQUARTERS Cable Considerations Cabling Runs Customer will install the networking cables using a Cat5e Cable. 7 cable runs are required for this installation. 5 110v power outlets are required for this installation (Customer Responsibility). Cabling Requirements All Devices: Network cabling must be provided for the following devices: • Axis IP Camera • Server • Touch Panel or PC running a virtual Touch Panel • POE Switch Servers, Switches, Touch Panels Servers Axon Interview Lite Server Quantity: 1 Axon Interview Lite Server 1 Redundancy This system includes recording redundancy Data Switch/POE Power HPE Aruba 2530 24-Port POE Switch Quantity: 1 N/A Touch Panels Virtual Kiosk Touch Panel Touch Panel Location N/A Virtual Kiosk Number of I/O Boxes Required 0 Additional Location Notes Notes Location Name Headquarters 17 QR-7708 -a3bf3000001CFq4AAG 8.H.d Packet Pg. 162 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Camera Configuration Camera 1 Camera 1 will be a(n) : AXIS 3515-LV Dome Camera Mic: Louroe Tamper Proof Mic Camera 2 Camera 2 will be a(n) : AXIS 3515-LV Dome Camera Mic: Louroe Tamper Proof Mic Recording Activation Recording will be triggered via Virtual Kiosk External Recording-In- Progress Visual N/A Wall Configuration Drywall Ceiling Configuration Standard Tile Additional Location Notes Notes Location Name Headquarters Room Name Room 1 18 QR-7708 -a3bf3000001CFq4AAG ROOM DETAILS: Room 1 The following sections detail the configurations specific to ROOM 1 8.H.d Packet Pg. 163 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Camera Configuration Camera 1 Camera 1 will be a(n) : AXIS 3515-LV Dome Camera Mic: Louroe Tamper Proof Mic Camera 2 Camera 2 will be a(n) : AXIS 3515-LV Dome Camera Mic: Louroe Tamper Proof Mic Recording Activation Recording will be triggered via Virtual Kiosk External Recording-In- Progress Visual N/A Wall Configuration Drywall Ceiling Configuration Standard Tile Additional Location Notes Notes Location Name Headquarters Room Name Room 2 19 QR-7708 -a3bf3000001CFq4AAG ROOM DETAILS: Room 2 The following sections detail the configurations specific to ROOM 2 8.H.d Packet Pg. 164 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) This Statement of Work is bound to the applicable signed quote. Upon confirmation of the installation dates, to be confirmed in writing, the agency will give no less than a 2 - week advanced notice of cancellation or change from the date of the scheduled installation. In the event the Agency cancels 2 weeks or less from the date of the scheduled installation, the agency will be responsible for all travel booked, and resource costs associated with the cancelled installation. Rescheduling of the installation will be at the discretion of Axon Professional Services based on available dates within the installation schedule calendar. Changes to the scope of this SOW must be documented and agreed upon by the Parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order, signed by both Parties. Axon International, Inc’s Sales Terms and Conditions for Direct Sales to End User Purchasers 20 QR-7708 -a3bf3000001CFq4AAG 8.H.d Packet Pg. 165 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) Notes The parties agree that Axon is granting a credit of $19,382.50 (applied to Year 1 Payment) for trade-in of CEW hardware. This credit is based on a ship date range of 9/1/2019-9/15/2019, resulting in a 10/1/2019 contract start date. Any change in this ship date and resulting contract start date will result in modification of this credit value which may result in additional fees due to or from Axon. Axon’s Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable.Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on beh alf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have le gal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Signature:CustSIG Date:CustDate Name (Print):CustName Title:CustTitle PO# (Or write N/A):CustPo Please sign and email to Chris Neubeck at cneubeck@axon.com or fax to (480) 658-0629 Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com Quote: Q-208651-43627.959CN ‘Protect Life’© and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S. © 2013 Axon Enterprise, Inc. All rights reserved. Protect Life.Q-208651-43627.959CN 21 8.H.d Packet Pg. 166 At t a c h m e n t : A x o n - Q u o t e ( 1 8 3 0 : M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t b e t w e e n A x o n E n t e r p r i s e ) DATE: June 18, 2019 TO: Kent City Council SUBJECT: Resolution in Support of Puget Sound Regional Fire Authority Proposition No. 1 - Property Tax Levy for Fire Protection and Emergency Services - Adopt MOTION: Adopt Resolution No _______, supporting Puget Sound Regional Fire Authority Proposition No. 1 in which voters are asked to restore the PSRFA’s effective property tax to $1.00 per $1,000 of assessed value in order to fund PSRFA operations and equipment. SUMMARY: The Puget Sound Regional Fire Authority (“PSRFA”) adopted Resolution 153 on May 1, 2019. Resolution 153 calls for the placement on the ballot for the August 6, 2019, election Proposition 1 which will ask voters to restore the PSRFA’s property tax levy to $1.00 per $1,000 of assessed value. The law limits the ability of the PSRFA to increase its property tax rate by 1% per year. As a result of this 1% limitation, the tax rate imposed by the PSRFA has not kept up with the rate of inflation, and the PSRFA has determined that its effective property tax rate across the area served by the PSRFA has dropped to $0.706 per $1,000 of assessed value. The PSRFA Governing Board has determined that restoring its regular property tax levy to a rate of $1.00 per $1,000 of assessed value will allow it to provide and improve fire protection, fire operations, fire prevention and emergency medical services; provide staffing; replace apparatus and other equipment; and acquire and improve stations and other capital facilities. In accordance with RCW 42.17A.555, councilmembers and meeting attendees are afforded an equal opportunity to express an opposing view during consideration of this agenda item. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government, Sustainable Services ATTACHMENTS: 9.A Packet Pg. 167 1. Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 (PDF) 2. PSRFA Resolution No. 153 (PDF) 9.A Packet Pg. 168 1 Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 RESOLUTION NO. A RESOLUTION of the City Council of the city of Kent, Washington, expressing support for Puget Sound Regional Fire Authority (“PSRFA”) Proposition 1 in which voters will be asked to restore the PSRFA’s regular property tax levy to a rate of $1.00 per $1,000 of assessed value at the August 6, 2019, election. RECITALS A. The PSRFA adopted Resolution 153 on May 1, 2019. Resolution 153 calls for the placement on the ballot for the August 6, 2019, election Proposition 1 which will ask voters to restore the PSRFA’s property tax levy to $1.00 per $1,000 of assessed value. B. The law limits the ability of the PSRFA to increase its property tax rate by 1% per year. As a result of this 1% limitation, the tax rate imposed by the PSRFA has not kept up with the rate of inflation, and the PSRFA has determined that its effective property tax rate across the area served by the PSRFA has dropped to $0.706 per $1,000 of assessed value. C. The PSRFA Governing Board has determined that restoring its regular property tax levy to a rate of $1.00 per $1,000 of assessed value will allow it to provide and improve fire protection, fire operations, fire prevention and emergency medical services; provide staffing; replace apparatus and other equipment; and acquire and improve stations and other capital facilities. 9.A.a Packet Pg. 169 At t a c h m e n t : R e s o l u t i o n i n S u p p o r t o f P u g e t S o u n d R e g i o n a l F i r e A u t h o r i t y P r o p o s i t i o n 1 ( 1 8 2 5 : R e s o l u t i o n i n S u p p o r t o f P u g e t S o u n d 2 Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 D. In accordance with RCW 42.17A.555, city councils are authorized to vote on a resolution to support or oppose ballot measures so long as the action is taken at a public meeting, the notice of the meeting includes the title and number of the ballot proposition, and councilmembers and meeting attendees are afforded an equal opportunity to express an opposing view. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Support for Proposition 1. The Kent City Council endorses PSRFA Proposition 1 which will be submitted to voters at the August 6, 2019, election, and urges Kent voters to vote “Yes” to provide and improve fire protection, fire operations, fire prevention and emergency medical services; provide staffing; replace apparatus and other equipment; and acquire and improve stations and other capital facilities. The Proposition 1 ballot title and ballot statement are as follows: Puget Sound Regional Fire Authority Proposition No. 1 The Board of Puget Sound Regional Fire Authority adopted Resolution No. 153 concerning a proposition to maintain and adequately fund Puget Sound Fire operations. This proposition authorizes the RFA to restore its regular property tax levy to $1.00 per $1,000 of assessed valuation to be levied in 2019 and authorizes annual adjustments by the greater of 1% or the annual CPI-W for Seattle-Tacoma-Bellevue as reported in June of the levy year for each of the five succeeding years. The maximum allowable levy in 2024 shall serve as the base for subsequent levy limitations as provided by Chapter 84.55 RCW. 9.A.a Packet Pg. 170 At t a c h m e n t : R e s o l u t i o n i n S u p p o r t o f P u g e t S o u n d R e g i o n a l F i r e A u t h o r i t y P r o p o s i t i o n 1 ( 1 8 2 5 : R e s o l u t i o n i n S u p p o r t o f P u g e t S o u n d 3 Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 SECTION 2. - Effective Date. This resolution will take effect and be in force immediately upon 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 9.A.a Packet Pg. 171 At t a c h m e n t : R e s o l u t i o n i n S u p p o r t o f P u g e t S o u n d R e g i o n a l F i r e A u t h o r i t y P r o p o s i t i o n 1 ( 1 8 2 5 : R e s o l u t i o n i n S u p p o r t o f P u g e t S o u n d PUGET SOUND REGIONAL FIRE AUTHORITY r N T[ iil\{AT I r} NA r rY ACe R t: n tr I i] r- i N il AG i.]d ilY Fr:nfmsiion*trllead corrp*ssion*feff fi dpirgpwple RESOTUTION NO. 153 RESOTUTTON PROVIDTNG FOR THE SUBMISSION OF IEYY A RESOLUTION OF THE:. GOVERNING BOARD OF PUGET SOUND REGIONAL FIRE AUTHORITY PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE RFA AT AN ELECTION TO BE HELD WITHIN THE RFA ON AUGUST 6, ZALS,IN CONIUNCTION WITH THE PRIMARY ELECTION TO BE HELD ON THE SAME DATE, OF A PROPOSITION RESTORING THE RFA'S PROPERTY TAX LEVY RATE TO $1.00 PER $1,OOO.OO OF TRUE AND ASSESSED VALUATION AND ESTABLISHING a LIMIT FACTOR BASED ON THE CONSUMER PRICE INDEX SUBJECT TO OTHERWISE APPLICABLE STATUTORY LIMITATIONS FOR THE FOLLOWING FIVE YEARS. Background: t. WHEREAS, it is the judgment of the Governing Board of Puget Sound Fire that it is essential and necessary for the protection ofthe health and life ofthe residents ofPuget Sound Fire that the fire and emergency medical services be provided by Puget Sound Fire. 2. WHEREAS, The Governing Board has determined that the accelerated demands for, and increasing costs ol providing services will necessitate the expenditure of revenues for improved fire protection operations, replacing apparatus and equipmenf providing staffing and maintaining emergency medical service levels in excess of those which can be provided by Puget Sound Fire's regular tax revenue levied at the current rate of approximately $.706 per $1,000.00 of assessed valuation of taxable property within Puget Sound Fire as limited by the LALo/o limitation. 3. WHEREAS, Puget Sound Regional Fire experiences annual cost increases affecting its operations that reflect standard inflationary indices and that consistently exceed the statutory L$to/s limitation on tax levy increases. 4, WHEREAS, Puget Sound Regional Fire believes that adopting a growth factor for years 2 -6 of the levy Iid lift period based on the greater of 10/o or the annual CPI-W for Seattle-Tacoma- Bellevue as reported in fune as such CPI index is used in the RFA's labor contracts and other service agreements. 5. WHEREAS, Puget Sound Regional Fire previously levied its regular property tax at the rate of$1.00 per thousand ofassessed valuation oftaxable property. 6, WHEREAS, the Governing Board has determined that it is in the best interest of the RFA that the maximum allowable levy in the sixth year of the levy authorized by this Resolution serve as the levy base for purposes of applying the lirnit factor established by RCW 84.55.010 in subsequent years. Resolution: N0W, THEREFORE BE IT RESOLVED by the Governing Board of Puget Sound Regional Fire Authority King County, Washington as follows: Section 1. In order to maintain and increase the level of fire protection, prevention, emergency medical services and the protection of life and property in Puget Sound Fire, it is 9.A.b Packet Pg. 172 At t a c h m e n t : P S R F A R e s o l u t i o n N o . 1 5 3 ( 1 8 2 5 : R e s o l u t i o n i n S u p p o r t o f P u g e t S o u n d R e g i o n a l F i r e A u t h o r i t y P r o p o s i t i o n N o . 1 - P r o p e r t y T a x Resolution No. 153 - Providing for the Submisslon of Levy Page? of 4 necessary for Puget Sound Fire to operate and maintain emergency fire and medical service vehicles, to acquire and improve station and other capital facilities and to retain properly trained personnel equipped with proper firefighting and emergency rnedical equipment. Section 2. ln order to provide the revenue adequate to pay the costs of maintaining and providing the services described in Section L and to assure the continuation and improvement of such services Puget Sound Fire shall, in accordance with RCW 84.55.050, remove the limitation on regular property taxes imposed by RCW 84.55.0L0, and levy beginning in 2019 and collect beginning in2A20, pursuant to RCW 52.26.140, a general tax on taxable property within Puget Sound Fire at a rate of $1.00 per $1,000.00 of assessed valuation subject to otherwise applicable statutory limits. Section 3. In order to provide the revenue adequate to pay the costs ofproviding adequate life protection services and facilities as described in Section 1 and to maintain reserve funds sufficient to assure the continuation of such services beyond 2A20, the RFA has determined that the limit factor for the five succeeding years shall be the gieater of the statutorily authorized one percent or the CPI-W for Seattle-Tacoma-Bellevue for the period of fune to June as reported in the levy year. Such percentage shall be used to determine the actual levy rate, subject to the maximum statutory rate of $1.00 per $L,000.00 of assessed valuation, in 202A-7024. The funds raised under this levy shall not supplant existing funds used for the purposes described in Section L. Section 4, The amount levied in 2024 shall serve as Puget Sound Fire's tax levy base for purposes of applying the limit factor established by RCW 84.55.010 in subsequent years. Section 5. There shall be submitted to the qualifled electors of Puget Sound Fire for their ratification or reiection, at an election on August 6,20L9, the question of whether or not the regular property tax levy of Puget Sound Fire should be restored to $1.00 per $1,000.00 of true and assessed valuation and be adjusted by the greater of the statutorily authorized one percent or the CPI-W for Seattle-Tacoma-Bellevue for the period of fune to |une as reported in the levy year for the following five years, subject to otherwise applicable statutory limitations. The Governing Board hereby requests the auditor of King County, as ex-officio Supervisor of Elections, to call such election, and to submit the following proposition at such election, in the form of a ballot title substantially as follows: Name of |urisdiction: Puget Sound Regional Fire Authority Proposition #: Proposition No. 1 Short Title: Property Tax Levy for Fire Protection and Emergency Medical Services. Ballot Titler The Board of Puget Sound Regional Fire Authority adopted Resolution No, l-53 concerning a proposition to maintain and adequately fund Puget Sound Fire operations. This proposition authorizes the RFA to restore its regular property tax levy to $1.00 per $1,000.00 of assessed valuation to be levied in 2019 and authorizes annual adjustments by 9.A.b Packet Pg. 173 At t a c h m e n t : P S R F A R e s o l u t i o n N o . 1 5 3 ( 1 8 2 5 : R e s o l u t i o n i n S u p p o r t o f P u g e t S o u n d R e g i o n a l F i r e A u t h o r i t y P r o p o s i t i o n N o . 1 - P r o p e r t y T a x Resolution No. 153 - Providing for the Submission of Levy Page 3 of4 the greater of Lo/o or the annual CPI-W for Seattle-Tacoma-Bellevue as reported in fune of the levy year for each of the five succeeding years. The maximum allowable levy in 2024 shall serve as the base for subsequent levy limitations as provided by Chapter 84.55 RCW. Should this proposition be: Approved D Rejected fI Section 6. In accordance with RCW 84.55.050(1J, the ballot measure shall require approval of a simple majority of voters. Section 7. The Governing Board hereby assigns to the Fire Chief or.designee the task of appointing members to a committee to advocate voters' approval of the proposition and to a committee to prepare arguments advocating voters' rejection of the proposition. Section 8. For purposes of receiving notice of any matters related to the ballot title, as provided in RCW 29A.36.080, the Governing Board hereby designates the Fire Chief and legal counsel as the individuals to whom the County Auditor shall provide such notice. Section 9. The Fire Chief is authorized to implement such administrative,procedures as may be necessary to carry out the directives of this resolution, including modi$ring the text of the ballot title and any other text, language and/or descriptions relative thereto necessary to conform such ballot title, text language and/or descriptions to the intent of the parties, consistent with the objectives of this resolution. Section 10. The Chiel or designee, is hereby authopized and directed, no later than May 10, 2019, to provide to the County Auditor a certified copy of this resolution and the proper RFA officials are authorized to perform such other duties or take such other actions as are necessary or required by law to the end that the proposition described in this resolution appear on the ballot before the voters at the August 6, Z0L9 election, Section 11, lf any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. Sectlon 12. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 13. This resolution shall take effect and be in force immediately upon its passage. 9.A.b Packet Pg. 174 At t a c h m e n t : P S R F A R e s o l u t i o n N o . 1 5 3 ( 1 8 2 5 : R e s o l u t i o n i n S u p p o r t o f P u g e t S o u n d R e g i o n a l F i r e A u t h o r i t y P r o p o s i t i o n N o . 1 - P r o p e r t y T a x Resolution No. 153 - Providing for the Submission of Levy Page 4 of4 Adoption: ADOPTED by the Governing Board of Puget Sound Regional Fire Authority at an open public meeting of such Board on the 1st day of May 20L9,the following Board Members being present and voting: fl t ]tYh 6,**" Board Member oard Member Board Secretary Board M em ber t.(ppe Board Member 9.A.b Packet Pg. 175 At t a c h m e n t : P S R F A R e s o l u t i o n N o . 1 5 3 ( 1 8 2 5 : R e s o l u t i o n i n S u p p o r t o f P u g e t S o u n d R e g i o n a l F i r e A u t h o r i t y P r o p o s i t i o n N o . 1 - P r o p e r t y T a x DATE: June 18, 2019 TO: Kent City Council SUBJECT: Russell Road South/South 196th Street Asphalt Overlay - Award MOTION: Award the Russell Road South/South 196th Street Asphalt Overlay Project to Lakeside Industries in the amount of $880,360 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: The project will rehabilitate failing asphalt pavement on Russell Road South and South 196th Street just east of the 200th Street Bridge. The project consists of planing asphalt pavement, asphalt overlay, curb and sidewalk modifications, channelization, and traffic loops. The bid opening for the Russell Road South/South 196th Street Asphalt Overlay Project was held on June 11, 2019 with two bids received. The lowest responsible and responsive bid was submitted by Lakeside Industries, Inc. in the amount of $880,360.00. Bid Tab Summary 01. Lakeside Industries, Inc. $880,360 02. Miles Resources, LLC $913,899 Engineer's Estimate $982,765 SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure ATTACHMENTS: 1. Bid Tab (PDF) 10.A Packet Pg. 176 Russell Rd. S./ S. 196th St. Asphalt Overlay Bid Opening: June 11, 2019, 11:00 AM Lakeside Industries, Inc. Miles Resources, LLC Engineer's Estimate 18808 SE 257th St. 400 Valley Ave. NE Abdulnaser Almaroof Covington, WA 98042 Puyallup, WA 98372 TOTAL $880,360.00 $913,899.00 $982,765.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT SCHEDULE I: STREET 1000 Mobilization 1 LS 165,000.00 $165,000.00 94,473.00 $94,473.00 80,000.00 $80,000.00 1010 Remove Existing Asphalt Concrete Pavement 100 SY 65.00 $6,500.00 78.00 $7,800.00 15.00 $1,500.00 1020 Remove Cement Concrete Sidewalk/Driveway 50 SY 85.00 $4,250.00 130.00 $6,500.00 25.00 $1,250.00 1025 Remove Cement Concrete Curb and Gutter 100 LF 20.00 $2,000.00 32.00 $3,200.00 15.00 $1,500.00 1030 Remove Cement Concrete Traffic Curb 230 LF 17.00 $3,910.00 20.00 $4,600.00 15.00 $3,450.00 1040 Removal of Raised Pavement Markers and Painted and/or Thermoplastic Traffic Markings 1 LS 2,000.00 $2,000.00 1,200.00 $1,200.00 5,000.00 $5,000.00 1045 Removal of Traffic Signs 1 EA 150.00 $150.00 1,800.00 $1,800.00 300.00 $300.00 1050 Saw Cut Existing Asphalt Concrete Pavement 1,100 LF 3.00 $3,300.00 6.00 $6,600.00 6.00 $6,600.00 1055 Saw Cut Existing Cement Concrete Pavement 50 LF 4.00 $200.00 6.00 $300.00 15.00 $750.00 1060 Roadway Excavation Incl. Haul 60 CY 50.00 $3,000.00 120.00 $7,200.00 110.00 $6,600.00 1065 Unsuitable Foundation Excavation Incl. Haul 70 CY 50.00 $3,500.00 50.00 $3,500.00 75.00 $5,250.00 1080 Crushed Surfacing Top Course, 5/8 Inch Minus 130 TON 65.00 $8,450.00 75.00 $9,750.00 40.00 $5,200.00 1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 130 TON 65.00 $8,450.00 60.00 $7,800.00 45.00 $5,850.00 1100 HMA Class 1/2", PG 58V-22 1,800 TON 85.00 $153,000.00 115.00 $207,000.00 130.00 $234,000.00 1110 Planing Bituminous Pavement, 2 Inch Thick 14,700 SY 2.50 $36,750.00 4.00 $58,800.00 7.00 $102,900.00 1140 Detectable Warning Surface 25 SF 98.00 $2,450.00 300.00 $7,500.00 100.00 $2,500.00 1145 Cement Concrete Sidewalk - 4 Inch Depth 40 SY 55.00 $2,200.00 80.00 $3,200.00 80.00 $3,200.00 1170 Cement Concrete Sidewalk Ramp Type Parallel A 2 EA 2,060.00 $4,120.00 3,828.00 $7,656.00 3,000.00 $6,000.00 1200 Cement Concrete Sidewalk Ramp Type Single Direction A 3 EA 1,900.00 $5,700.00 3,600.00 $10,800.00 3,000.00 $9,000.00 1205 Cement Concrete Curb and Gutter 100 LF 50.00 $5,000.00 82.00 $8,200.00 60.00 $6,000.00 1210 Cement Concrete Extruded Curb 30 LF 65.00 $1,950.00 66.00 $1,980.00 50.00 $1,500.00 1211 Pedestrian Curb 200 LF 46.00 $9,200.00 20.00 $4,000.00 50.00 $10,000.00 1215 Precast Concrete Sloped Mountable Curb 200 LF 45.00 $9,000.00 54.00 $10,800.00 60.00 $12,000.00 1221 Replace Existing Catch Basin Frame and Grate and Adjust to Finished Grade 13 EA 1,000.00 $13,000.00 900.00 $11,700.00 1,200.00 $15,600.00 1225 Adjust Existing Manhole Frame and Cover to Finished Grade 2 EA 500.00 $1,000.00 1,000.00 $2,000.00 500.00 $1,000.00 1230 Replace Existing Valve Box Top Section and Lid 14 EA 750.00 $10,500.00 750.00 $10,500.00 750.00 $10,500.00 1235 Adjust Existing Gas Valve Case and Cover to Finished Grade 3 EA 450.00 $1,350.00 750.00 $2,250.00 1,000.00 $3,000.00 1237 Remove Existing Manhole Frame and Cover and Install New Circular Frame and Locking Cover 8 EA 1,000.00 $8,000.00 1,450.00 $11,600.00 1,500.00 $12,000.00 1240 Adjust Existing Junction Box to Finished Grade 4 EA 500.00 $2,000.00 600.00 $2,400.00 750.00 $3,000.00 1242 Non-skid Frame and Cover for Existing Junction Box - Type 2 1 EA 500.00 $500.00 600.00 $600.00 750.00 $750.00 1245 Install New Riser for Monument's Case and Cover to Finished Grade 4 EA 250.00 $1,000.00 450.00 $1,800.00 1,000.00 $4,000.00 1250 Painting Cement Concrete Curb 300 LF 2.00 $600.00 6.00 $1,800.00 7.00 $2,100.00 1320 Project Sign Installation 2 EA 1,500.00 $3,000.00 800.00 $1,600.00 1,000.00 $2,000.00 1340 Asphalt Cost Price Adjustment 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 1355 Minor Changes 1 CALC 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00 SCHEDULE I TOTAL $516,030.00 $555,909.00 $599,300.00 12 10.A.a Packet Pg. 177 At t a c h m e n t : B i d T a b ( 1 8 2 6 : R u s s e l l R o a d S o u t h / S o u t h 1 9 6 t h S t r e e t A s p h a l t O v e r l a y - A w a r d ) Russell Rd. S./ S. 196th St. Asphalt Overlay Bid Opening: June 11, 2019, 11:00 AM Lakeside Industries, Inc. Miles Resources, LLC Engineer's Estimate 18808 SE 257th St. 400 Valley Ave. NE Abdulnaser Almaroof Covington, WA 98042 Puyallup, WA 98372 TOTAL $880,360.00 $913,899.00 $982,765.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 12 SCHEDULE V: TRAFFIC CONTROL 5005 Traffic Control Labor 800 HR 60.00 $48,000.00 69.00 $55,200.00 65.00 $52,000.00 5010 Construction Signs Class A 1,000 SF 30.00 $30,000.00 20.00 $20,000.00 25.00 $25,000.00 5015 Traffic Control Supervisor 280 HR 80.00 $22,400.00 100.00 $28,000.00 80.00 $22,400.00 5020 Temporary Traffic Control Devices 1 LS 20,000.00 $20,000.00 9,500.00 $9,500.00 20,000.00 $20,000.00 5030 Portable Changeable Message Sign (PCMS) 140 DAY 78.00 $10,920.00 110.00 $15,400.00 80.00 $11,200.00 5035 Sequential Arrow Sign (SAS) 70 DAY 25.00 $1,750.00 48.00 $3,360.00 50.00 $3,500.00 5040 Permanent Signing 1 LS 7,500.00 $7,500.00 2,000.00 $2,000.00 3,000.00 $3,000.00 5105 Profiled Plastic Double Yellow Center Line 540 LF 6.50 $3,510.00 8.00 $4,320.00 8.00 $4,320.00 5110 Profiled Plastic Two-Way Left Turn Lane Lines 2,300 LF 4.50 $10,350.00 5.50 $12,650.00 8.00 $18,400.00 5115 Plastic Stop Line (24 Inch Wide) 200 LF 15.50 $3,100.00 18.50 $3,700.00 12.00 $2,400.00 5120 Plastic Crosswalk Line 820 SF 8.00 $6,560.00 9.50 $7,790.00 12.00 $9,840.00 5125 Plastic Traffic Arrow 15 EA 350.00 $5,250.00 420.00 $6,300.00 300.00 $4,500.00 5130 Plastic Traffic Letter 8 EA 150.00 $1,200.00 180.00 $1,440.00 80.00 $640.00 5140 Plastic Railroad Crossing Symbol 2 EA 2,000.00 $4,000.00 1,200.00 $2,400.00 1,000.00 $2,000.00 5150 Raised Pavement Marker Type 2 3 HUND 850.00 $2,550.00 1,020.00 $3,060.00 750.00 $2,250.00 5160 Profiled Plastic Skip Lane Line 3,300 LF 1.50 $4,950.00 2.00 $6,600.00 8.00 $26,400.00 5180 Profiled Plastic Wide Lane Line 400 LF 6.50 $2,600.00 8.00 $3,200.00 6.00 $2,400.00 5185 Plastic Bike Lane Line 3,140 LF 3.50 $10,990.00 4.00 $12,560.00 6.00 $18,840.00 5190 Plastic Bike Lane Symbol with Arrow 16 EA 550.00 $8,800.00 660.00 $10,560.00 350.00 $5,600.00 5200 Uniformed Off-Duty Police Officer 280 HR 130.00 $36,400.00 105.00 $29,400.00 80.00 $22,400.00 SCHEDULE V TOTAL $240,830.00 $237,440.00 $257,090.00 SCHEDULE VI: ELECTRICAL 6000 6 Foot Diameter Traffic Loop 32 EA 850.00 $27,200.00 1,000.00 $32,000.00 1,500.00 $48,000.00 6005 Additional Lead-In Wire 150 LF 5.00 $750.00 6.00 $900.00 5.00 $750.00 6015 New Pedestrian Pushbutton Post with Existing Pedestrian Pushbuttons Assemblies 2 EA 5,000.00 $10,000.00 5,900.00 $11,800.00 2,500.00 $5,000.00 6030 Junction Box, Type 2 1 EA 850.00 $850.00 1,000.00 $1,000.00 1,250.00 $1,250.00 6040 Video Detection System, Complete, Including Installation 2 EA 30,000.00 $60,000.00 26,000.00 $52,000.00 20,000.00 $40,000.00 SCHEDULE VI TOTAL $98,800.00 $97,700.00 $95,000.00 SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL 7015 Inlet Protection 15 EA 100.00 $1,500.00 90.00 $1,350.00 125.00 $1,875.00 7030 ESC Lead 70 HR 10.00 $700.00 10.00 $700.00 80.00 $5,600.00 7031 Street Cleaning 70 HR 150.00 $10,500.00 190.00 $13,300.00 170.00 $11,900.00 7035 SPCC Plan 1 LS 5,000.00 $5,000.00 500.00 $500.00 5,000.00 $5,000.00 7055 Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 SCHEDULE VII TOTAL $22,700.00 $20,850.00 $29,375.00 10.A.a Packet Pg. 178 At t a c h m e n t : B i d T a b ( 1 8 2 6 : R u s s e l l R o a d S o u t h / S o u t h 1 9 6 t h S t r e e t A s p h a l t O v e r l a y - A w a r d ) Russell Rd. S./ S. 196th St. Asphalt Overlay Bid Opening: June 11, 2019, 11:00 AM Lakeside Industries, Inc. Miles Resources, LLC Engineer's Estimate 18808 SE 257th St. 400 Valley Ave. NE Abdulnaser Almaroof Covington, WA 98042 Puyallup, WA 98372 TOTAL $880,360.00 $913,899.00 $982,765.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 12 SCHEDULE VIII: ROADSIDE RESTORATION 8025 Landscape Restoration 1 FA 2,000.00 $2,000.00 2,000.00 $2,000.00 2,000.00 $2,000.00 SCHEDULE VIII TOTAL $2,000.00 $2,000.00 $2,000.00 SUMMARY: SCHEDULE I TOTAL $516,030.00 $555,909.00 $599,300.00 SCHEDULE V TOTAL $240,830.00 $237,440.00 $257,090.00 SCHEDULE VI TOTAL $98,800.00 $97,700.00 $95,000.00 SCHEDULE VII TOTAL $22,700.00 $20,850.00 $29,375.00 SCHEDULE VIII TOTAL $2,000.00 $2,000.00 $2,000.00 CONSTRUCTION CONTRACT TOTAL $880,360.00 $913,899.00 $982,765.00 10.A.a Packet Pg. 179 At t a c h m e n t : B i d T a b ( 1 8 2 6 : R u s s e l l R o a d S o u t h / S o u t h 1 9 6 t h S t r e e t A s p h a l t O v e r l a y - A w a r d )