HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 3/6/2018adccW18328
CITY OF KENT
Council MeetingAgenda
Mayor Dana Ralph
Council President Bill Boyce
Councilmembers
Tina Budell Brenda Fincher
Satwinder Kaur Les Thomas
Toni Troutner Dennis Higgins
March 6, 2018
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KENT CITY COUNCIL AGENDAS
March 6, 2018
Council Chambers
Mayor Dana Ralph
Council President Bill Boyce
Councilmember Tina Budell Councilmember Dennis Higgins
Councilmember Brenda Fincher Councilmember Les Thomas
Councilmember Satwinder Kaur Councilmember Toni Troutner
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WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Parks and Open Spaces Maintenance Management Julie Parascondola 60 min
Garin Lee
Cultural Arts and Special Events Ronda Billerbeck 30 min
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
5. REPORTS FROM COUNCIL AND STAFF
6. PUBLIC HEARING
A. Public Hearing - Amendment to the 2018-2023 Six-Year Transportation
Improvement Program – Resolution – Adopt
7. PUBLIC COMMENT - If you wish to speak to the 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
A. Minutes of February 20, 2018, Workshop and Council Meetings and
February 2nd and 3rd, 2018, Retreat – Approve
B. Payment of Bills – Approve
C. N. Harris Computer Corporation, iNovah Solution/Point-of-Sale System –
Authorize
D. Jackson Food Mart RECC-2143483 Bill of Sale – Accept
E. Kent Regional Trails Connector – Accept as Complete
F. Goods and Services Agreement with Western Systems, Inc. for Traffic
Signal Cabinet Lifecycle Replacements – Authorize
G. Contract with GeoEngineers for Kent Airport Levee FEMA Conditional
Letter of Map Revision Application – Authorize
H. Veterans Drive Funding Commitment Letter – Authorize
I. Signature Pointe Interlocal Agreement – Authorize
J. Lower Russell Road Levee Interlocal Agreement – Authorize
K. Agreement with Puget Sound Energy for Downey Farmstead Utility
Relocation – Authorize
L. Agreement with Century Link for Downey Farmstead Utility Relocation –
Authorize
M. 2018 City Art Plan and 2018-2022 Five Year Plan - Adopt
N. 2018 CDBG Annual Action Plan - Adopt
O. 2017 Consolidated Annual Performance and Evaluation Report – Approve
P. Indigent Conflict Counsel Contracts - Authorize
9. OTHER BUSINESS
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Litigation, as per RCW 42.30.110(1)(i)
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 at 1-800-833-6388.
COUNCIL WORKSHOP
A) Parks and Open Spaces Maintenance Management/Julie Parascondola
and Garin Lee
B) Cultural Arts and Special Events/Ronda Billerbeck
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AGENDA APPROVAL
Changes from Council, Administration, or Staff
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PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
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REPORTS FROM COUNCIL AND STAFF
Mayor Ralph:
Derek Matheson/Administration:
Council President Boyce:
Councilmember Budell:
Councilmember Kaur:
Councilmember Higgins:
Councilmember Troutner:
Councilmember Thomas:
Councilmember Fincher:
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OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 03/06/18
TO: Mayor Ralph
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, March 06, 2018
The Chief Administrative Officer’s report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION
• The city council’s follow-up retreat on budget issues is set for Friday, March 9, from
1:30-5:30 p.m. (with lunch at 12:30) at The Platform at 4th Avenue and Smith Street.
The mayor, city council president, CAO, and finance director met in mid-February to
develop presentation materials and discussion questions.
• The Mayor’s Leadership Team held its annual retreat on Friday, March 2. The team’s
role in the fiscal cliff and structural imbalance took center stage.
• A small group consisting of the mayor, council president, CAO, human resources
director, performance analyst, and communications consultant met last week to work on
revisions to the city’s vision, mission, and goals per the council’s direction at its
February retreat. The group made great progress on revisions to the goals and will
meet again to continue work on the vision and mission statements.
• The mayor and CAO interviewed two finalists (out of 55 applicants and five
semifinalists) for the communications manager position last week.
Office of the City Clerk
• The Clerk’s Office has implemented efiling of recorded documents with King
County. This process will not only save money, but will also reduce the time it takes to
record a record from weeks to hours.
• The City’s public records portal has been updated to provide for the delivery of nearly
every electronic record the City provides in response to public records requests. The
City will save the cost of preparing and sending records through the mail and the
customer will benefit by immediately receiving the records rather than having to wait 3-
5 days for the records to arrive by mail.
Communications
• Kent’s neighborhood program coordinator and the City’s traffic engineer met with a new
neighborhood called Pine Tree Farms to discuss speeding concerns. Staff introduced the
Traffic Calming Program and the Neighborhood Program to the residents. It was a good
meeting with over 20 people attending. Next steps are set to move forward with
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participation in the Traffic Calming Program and the organization of a new neighborhood
council.
• East Hill Meridian neighborhood will be meeting with Kent’s Neighborhood Program on
March 13 to learn more about the benefits of becoming a formally recognized
neighborhood council. Neighborhood councils are formed and used as a means to
improve communication and provide opportunities for residents to participate in the civic
process. Once recognized, a neighborhood council has access to matching grant funds
for projects.
ECONOMIC AND COMMUNITY DEVELOPMENT
Long Range Planning Services Division
• ECD staff participated in a regional stakeholder meeting about Sound Transit’s draft
Transit-Oriented Development policy. The policy outlines Sound Transit’s approach to
purchasing and surplusing properties in order to meet the state’s 80-80-80 statute
requiring 80% of Sound Transit’s surplused properties to be offered to affordable
housing providers. At the meeting, representatives from local jurisdictions asked
questions and provided feedback on the draft policy. ECD staff has drafted a comment
letter requesting that Sound Transit consider local context and local housing needs
when determining where and how to offer surplus properties for sale.
• ECD staff met with volunteers and youth representatives from Living Well Kent’s food
policy council. This group is interested in Kent’s land use policies pertaining to the local
food system, and finding ways to promote local production of food through small-scale
agriculture and farmers’ markets. Staff discussed comprehensive plan policies related
to local food production, provided food policy council members with zoning, land use,
and soils maps to help create a resource map showing areas that could be used for
local agriculture.
• ECD staff submitted a comment letter to PSRC regarding the scoping and important
emerging issues to be considered in the Vision 2040 update. Issues included regional
support for Kent’s manufacturing and industrial center, designation criteria for regional
geographies (metropolitan cities, core cities, etc.), and housing policies that focus on
balancing jobs with the right type of housing available for the workforce.
• ECD staff has been continuing to work with Sound Transit on defining and
understanding the desired role of city staff in the Design Build Procurement process.
Staff are refining the job description for the important “city liaison” position that will be
the central point of contact for the city throughout the entire light rail project
construction process. Additionally, city staff is working with Sound Transit on wrapping
up design review clarifications, preparing for Council workshop presentations, resolving
city comments on the Project Requirement documents, and pushing ahead on the
Development Agreement. Each of these is an important step in the process and
represents unique opportunities for leverage and partnership with Sound Transit, the
future contractor, and future developers.
• ECD staff is in heavy outreach mode on two projects: The urban separators project is
going full steam ahead with two public meetings scheduled for March, as well as
numerous one-on-one interviews scheduled with members of the community as part of
the public engagement process for the project. Staff is looking forward to a robust
community dialogue on the important topic of housing development and open space
preservation. The Meet Me on Meeker project also has an exciting slate of events
planned, with two workshops at Kent Elementary School happening in March. The
school has been a fantastic partner and the workshops are going to be filled with
interesting activities for the whole family, not to mention homemade food.
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• ECD staff has also been considering the role of Kent in the region in the context of
representation on regional boards and committees, and are working on a letter to send
to the Sound Cities Association and Puget Sound Regional Council. Kent is
disproportionately ill-represented on a per capita basis, and staff is exploring how to
message this issue in the hopes of sparking more dialogue with our regional partners.
FINANCE
• Finance is sending out invitations this week for the PerDiem training. We will be training
frequent travelers and admins in all departments on March 12 and 13. HR will add the
training materials to their training module in Halogen which should be available around
the end of April. The training module will be available for new City staff and staff that
missed the March training.
• Finance is putting the finishing touches on the 2018 mid-biennium budget book. Once
the book has been printed we will distribute copies and make the budget available on
the City website.
HUMAN RESOURCES
Administration
• Conducted an Innovate One course on February 27, as part of the Innovate Academy
Training. This is the first day of a 2 ½-day workshop, focusing on the foundations of
process improvement: 5S and Standard Work.
• Conducted an Innovate Metrics workshop on February 28 as part of the Innovate
Academy Training. This is a 3-hour workshop, focusing on developing and identifying
process improvement M.E.A.T. metrics (Money; Errors; Amount; and Time).
• Innovate Academy is seeking recruits for the first Innovate Advanced Cohort. This is an
intensive training around process improvement tools, methods and mindset. Contact
Todd Babcock for more information
Benefits
• The first quarter, 2018 Deferred Compensation Committee meeting will be held on
March 1.
Labor, Class and Compensation
• Working on various classification items from multiple departments
• Working on various union/labor items
Recruitment
• Interviews for Mechanic I are being scheduled for the week of Feb. 26
• Interviews for Business Systems Analyst are taking place on Feb. 26
• Final interviews for Communications Manager are taking place on Feb. 27 and March 1
• The Environmental Specialist (TLT) posting closes on March 2
• New hires starting March 1: Chanté Sims in HR, Daniel Brom in PD
Risk Management
• The City received a defense verdict in the Gardi v. Kent trial. This was the result of
excellent work by members of Kent PD, including Commander Mike O’Reilly (who sat
with outside Counsel every day), Officers Mike Morfoot, Rob Kellams (retired), Kevin
Bateman, Laine Farr, Sgt. Robert Constant, and Asst. Chief Derek Kammerzell. Andy
Cooley was outside Counsel for this matter and did a terrific job in preparing the best
possible defense for the work done by Kent PD under difficult circumstances.
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INFORMATION TECHNOLOGY
Information Technology
• Service Desk Replacement - Implement a Service Desk tool to promote greater IT
operational efficiencies and deliver faster high-quality Service Desk responses.
• ISP - Communication and Wellness - Promote the Information Security Program across
all City departments to all employees through effective marketing and communication.
• Citrix 7.x Upgrade - Upgrade Citrix infrastructure to 7.x version.
• Primary Data Center Assessment and Implementation - Move physical infrastructure of
critical business applications and supporting systems to Sabey data center in Tukwila
Washington for increased redundancy, disaster recovery and business continuity.
• Operational support for February 12 to February 26, 2018
o Number of tickets opened – 274; number of tickets closed - 313
LAW
• Staff testified before legislative committees in Olympia on three proposed bills—a bill
affecting civil drug forfeitures, a bill related to restrictive covenants proposed for
removal from public property, and a bill related to the payment of debts to the surviving
spouse of a deceased public employee.
• Staff taught a standardized field sobriety test class for prosecutors in Ellensburg, won a
prostitution patronizing case before the state Court of Appeals, and argued two other
appellate cases before the King County Superior Court and the Court of Appeals.
• Staff obtained positive resolutions in a number of code enforcement cases. One
particularly difficult case involved Branden Crouch, who was charged and convicted of
maintaining a public nuisance and a plumbing code violation (no running water). His
sentence included jail time and an order to clean up his property. Although Mr. Crouch
failed to clean his property as the court ordered, he agreed to sign a trespass
agreement allowing the police department to remove everyone from the house, to allow
a clean-up crew to enter his property and remove all the garbage on the property, and
to board up the house. This work will begin immediately.
• Four other code enforcement cases were resolved at hearings before the City’s Hearing
Examiner on February 21st. All hearings resulted in total fines being imposed in the
amount of $3,500 for violations involving trash and debris; lack of garbage service;
inoperable vehicles; and a dilapidated building with a leaking roof, mold, malfunctioning
windows, and inadequate heat. Of these fines, $2,750 was imposed now, with an
additional $750 stayed pending the property owners’ compliance with the hearing
examiner’s orders.
• Staff assisted the Finance Department by collecting $28,513.52 through a foreclosure
action in Superior Court for delinquent local improvement district assessments owed by
Military Road Highway Commercial for LID 353. Now that the delinquencies have been
paid, the foreclosure lawsuit can be dismissed.
MUNICIPAL COURT
We are working with the Information Technology department to finalize our electronic lobby
display calendar. The calendar will update every 30 minutes and will reflect all cases that
are added or removed. There are two lobby monitors that will display names (A-K and L-Z).
We hope to have this operational very soon.
PARKS, RECREATION, AND COMMUNITY SERVICES
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Cultural Programs
• The Kent Arts Commission is pleased to announce the completion of five vinyl art wraps
on traffic signal control boxes in Kent. Five artists were commissioned to design artwork
for different box locations – selected based on visibility and graffiti control issues.
-240th and 104th Artist: Jean Bradbury
-256th and 101st Artist: Naoko Morisawa
-Willis and Hwy. 167 Artist: Jill Erickson
-James and Interurban Trail Artist: Vikram Madan
-James and Showare Artist: Fin’es Scott
This project was a partnership between the Kent Arts Commission, Kent Police
Department, and Economic and Community Development.
Human Services
• Staff attended the All Home Governance Summit in February. Summit activities were
guided by All Home staff facilitators from the Center for Social Innovation and the
Technical Assistance Collaborative (TAC), our U.S. Department of Housing and Urban
Development (HUD) technical assistance provider. The focus of the Summit was to have
a day of action to further our work towards ending racial disparities and making
homelessness rare, brief and one-time in King County. Leading with racial equity, we
worked in small groups to develop and commit to deliverables with corresponding
timelines designed to promote accountability and produce results.
• Staff attended the first Employment focused Community Action Workgroup related to
the One Table regional effort to bring together leaders from the business, nonprofit,
philanthropic, faith, government and community sectors to create solutions to prevent
homelessness. One Table’s efforts will strive to undo the racial disparities and
disproportionality that result from system failures, which includes the inability to access
employment and the existence of regional wage gaps that make it difficult for some to
afford housing costs. The first meeting focused on data and identifying priority factors
related to the root causes of homelessness. Going forward the work will begin to
develop strategies addressing identified factors. The key focus of One Table will continue
to be preventing people from becoming homeless in the first place.
Operations
• The Clark Lake pier is currently closed due to structural issues identified during a
condition inspection earlier this year. A condition assessment conducted earlier this
month by a consultant affirmed the need to close the pier to the public. Staff is currently
formulating a plan to address the items identified however the pier will remain closed
for at least the next month.
Senior Activity Center
• Senior trips featured a “Seattle Chocolate Factory Tour” with participants learning about
the process of chocolate making as well as sampling the final product! Following
dessert, trip participants enjoyed lunch at the Old Spaghetti Factory. Another group
enjoyed a trip to the Washington History Museum and the new exhibit entitled
“Washington My Home.” This trip included lunch at Katie Down on the Tacoma
Waterfront. A lunch out group ventured to the Coho Café in Issaquah. All trips were
sold out and food was a main attraction!
• Senior “Be Well” workshops are presented weekly and focus on health, fitness,
education and personal growth. In honor of February being heart health month, Valley
Cities Behavior Health presented weekly topics including how to keep your heart
healthy, how to mend a broken heart and how to show you have a heart!!
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Youth-Teen-Adaptive
• The Kent Parks Community Center provides activities and programs focused on
youth and teen interests six days a week at the Phoenix Academy. Saturday’s have
been very busy during the month of February with 100+ participants each Saturday.
Attendees routinely enjoy volleyball, music studio, breakdancing, basketball and
soccer. The Kent Meridian Key Club sponsored a special event trivia night with over
75 teens and Key Club members showing off their trivia skills.
• Presidents Week Day Camp for children in K – 6th grade was held during the Kent
School District winter break. The popular camp operated at capacity with a waiting
list. Throughout the week, kids engaged in a variety of STEAM activities (science,
technology, engineering, arts and math) and a blockbuster movie.
POLICE
Significant crime activities/arrests/investigations
• On February 16, a case was filed based on the denied firearm transactions reported to
the state. A male walked into the Big 5 and tried to purchase a .22 caliber rifle.
However, he was an eleven time convicted felon. Detectives spoke to the King County
Prosecuting Attorney and was told they have been wanting to try to prosecute a case
like this; only has been one other case prosecuted within the state regarding a denied
transaction.
• On February 15, officers were dispatched to a drive-by shooting in the 24900 block of
109th Ave SE. A passenger in a vehicle occupied by several subjects was seen shooting a
firearm in the air as it was driving southbound on 109th. Officers located eight .40
caliber casings. No victims or property damage was located.
• On February 16, Kent and Des Moines Police Departments responded to possible shots
fired at Highline Community College. Numerous calls to 911 were received, many from
third party reporters, that shots had been fired at the school. The school went into
lockdown. It was eventually narrowed down to one specific building. Eventually, it was
determined that the sounds heard were likely fireworks lit in a parking lot. Offices and
SWAT teams from Kent, Des Moines, Renton, Tukwila, Federal Way, Port of Seattle, King
County, Seattle and WSP all responded and assisted with clearing the entire campus.
• On February 18, an eight-year-old called 911 to report finding her mother deceased.
Officers responded to what was most likely an overdose based on investigation.
• On February 19, officers responded to a drive-by shooting in the 25300 block of 29th
Avenue S. Thirteen .40 caliber shell casings were located, with 6 shots traveling into a
house. A victim was standing in a bedroom and was shot in the neck with what
appeared to be non-life threatening injuries. The victim has a sister with gang relations.
• On February 20, officers responded to reports of multiple gunshots in the area of 10600
and 272nd St. One witness had a live-stream monitor of the street where he was able to
see a black 4-door mid-sized sedan driving slowly through the area. No muzzle flashes
were seen. Officers found eight .22 shell casings in the street. No damage was found.
• On February 21, Kent Police made an arrest after receiving multiple tips identifying the
suspect involved in the February 20 early morning bikini barista stand sexual assault.
He was taken into custody without incident. The suspect has been identified as a 33-
year-old Kent resident with an extensive criminal history.
• On February 21, officers were dispatched to the Harborstone Credit Union, Kent Station
St, after citizens reported a possible bank robbery in progress. Officers arrived and
observed a suspicious white sedan stopped in traffic with the driver’s door open. A male
matching the description of the bank robber got out and walked off in one direction and
the vehicle drive off in the other. Officers detained the male and stopped the vehicle.
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Witnesses from the bank confirmed that the 30-year-old Kent man being detained was
the same suspect who robbed the bank. The driver told the officers that the detained
suspect had been in the process of carjacking his vehicle when the police arrived in the
area. As this information was unfolding, an employee of the coffee stand located just
east of the bank came over and told officers that the same suspect had robbed her
coffee stand just prior to trying to carjack the vehicle. In the end, the 30-year-old
suspect was arrested and admitted to committing all three crimes. All of the money
stolen was recovered, and there were no injuries resulting from his crime spree.
• On February 24, officers responded to the 7-11 located at 10610 Kent Kangley Road for
a report of a robbery. According to the 15-year-old victim the suspects punched him
and pointed a gun at him -taking his cell phone. The victim recognized the suspects
from school. Officers located three subjects matching the description but they ran off
on foot and split up. The three subjects were ultimately caught (one of them by the use
of the drone), but a gun was not located. They tried to bury their coats and the victim’s
phone during their escape. An In Field Show up provided 100% identification by the
victim. The suspects were two 15-year-old males and a 17-year-old male.
Major emphasis patrol
• McChevron area extra patrol February 14-21:
o 31 Social/business contacts
o 24 Subject stops/FI’s
o 88 Traffic stops
o 16 Arrests/Criminal cites issued
o 2 Warrant arrests
o One stolen recovery and some drug cases. One case had over 200 grams of
meth/heroin and pills.
• On the Feb. 25 John Sting we were able to make ten arrests (making our total for the
year 22) and of those we towed six vehicles.
School issues
• On February 16, officers responded to Kentridge High School for a report of threats sent
via social media. Students had been passing around a picture of a young male holding a
rifle with the caption “Round 2 of Florida Tomorrow” and through rumors it was spread
that the student attended Kentridge. It was quickly found that the threat came from a
male in South Carolina who had already been taken into custody and this had nothing to
do with any school in Washington.
Events and awards
• Letters of Commendation
o The Kent Police Department has run ten “John” Sting operations at different Stay
Out of Areas of Prostitution (SOAP) locations around the City using personnel
from patrol, detectives, SIU, and NRT. Officers Brieann Knott, Jennifer
Lindstrom, Chellsi James, Erin Bratlien, Detectives Eric Doherty, Lovisa Dvorak,
Sergeants Jason Bishop, and Andy Grove’s efforts throughout 2017 resulted in
100 Patronizing a Prostitute arrests. The money generated from impound fees
and seizures has gone to support the recovery of sex trafficking survivors
through donations to the Kent Youth and Family Services ($25,000) and
Washington State human trafficking survivors ($5,000)
• Life Saving Award
o On November 14, 2017 Officers Lisa Hartley and Sean Goforth were dispatched
to a possible overdose situation. A caller reported their friend had overdosed on
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heroin and was unconscious on the sidewalk. Officer Hartley prepped the AED
and Narcan while Officer Goforth checked the patient’s breathing and pulse.
There was a faint pulse so Officer Hartley administered one dose of Narcan to the
patient. There was still only a faint pulse so Officer Goforth administered a
second dose of Narcan and the patient’s pulse became stronger. Fire personnel
arrived a few moments later and administered an injection of Narcan which
quickly revived the patient. Medical personnel told the patient and the officers
that he “was about as close to dying as he possibly could get without actually
being dead”. Officers Hartley and Goforth were commended for their quick use of
Narcan which surely saved the patient’s life.
• Citizen Commendation
o Kent Police were in short pursuit of a stolen vehicle that concluded at Kent Des
Moines Road and Military Road with a Pursuit Immobilization Technique (PIT) and
PIN of the suspect vehicle. Patrick Helmbrecht was driving northbound on Pacific
Highway South with his girlfriend, Harlie Thompson. He witnessed a vehicle
going the same direction with police vehicles chasing it. They have been victims
of having a vehicle stolen in the past so they decided to follow. They watched as
the vehicle almost struck a pedestrian and then spin out in the intersection of
Kent Des Moines Road and Military Road. The suspect vehicle pulled forward and
backward intentionally ramming the patrol cars. Smoke was coming from the
vehicle; the wheels were squealing and breaking traction. Patrick was concerned
that the suspect vehicle would push the patrol vehicles out of the way and flee
again. He pulled his truck up to the rear of one of the patrol cars in an attempt
to try to help prevent the suspect vehicle from being able to flee the scene.
Shortly after the driver of the suspect vehicle ran with an officer chasing him.
When other officers arrived they were able to point out the direction the suspect
fled. After a short altercation the suspect was taken into custody by four Kent
officers. Patrick and Harlie remained on scene to make sure officers were ok and
to provide witness statements. Patrick and Harlie are being commended for their
diligent efforts in apprehending a vehicle theft suspect.
PUBLIC WORKS
Design
• S 224th St Project 88th to 94th – One parcel remains for securing Right-of-Way.
Condemnation was filed and attempting to serve the owner. Currently utilizing posting
through regional publications as “service” to owner.
• S 228th St UPRR Grade Separation (and 228th Bikeway) – Working with Legal on
Condemnation process and securing property rights. Final review by survey started
February 26.
• East Valley Overlay – Temporary construction easements reduced to one parcel. Critical
path on elements requiring approval by external parties WSDOT, City of Renton and
Right-of-Way certification.
• 2018 Residential Overlay – Complete Streets memo distributed to the Economic
Community Development and Parks departments for review prior to meeting with the
Mayor.
• 132nd Ave SE (SE 240th to SE 248th) – Letters sent to residents adjacent to project
informing them design of project is underway.
• 212th Street Green River Bridge Overlay – Defining scope of work and started consultant
selection process.
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• James Street Overlay, Central to Clark – Defining scope of work and preparing
information to begin consultant selection for design.
• Shops Inc. Projects – Scope and delivery schedule verified with Operations. First area to
be delivered to Operations staff in April.
Construction
• LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1):
o The closure of 88th Ave S between 93rd Pl S and 22401 88th Ave S will be in place
until the end of July, 2019.
o 84th to SR 167 – Storm drain pipe and structure installations to conclude this
week. Stone column installation will begin on Monday March 5.
o SR 167 Median – Pier 2 crossbeam forming and falsework is ongoing. Rebar
installation is scheduled to begin on March 12.
o SR 167 to 88th – Pier 3 column concrete has been placed. Pier 4 column forming,
rebar, and concrete pour will take place this week. Stone column installation will
conclude this week and this crew will mobilize to the West side of SR 167. Storm
drainage installation will begin on Monday, March 5 and will continue for the
following several weeks.
• 640 Pressure Zone PRV North - The contract has been executed with Northwest
Cascade, Inc. of Puyallup. The preconstruction meeting took place on February
15. Contract work is scheduled to proceed on March 5.
• 2018 Traffic Sign Replacement - The contract has been executed with Apply-A-Line, LLC
of Pacific. The preconstruction meeting took place on Thursday, February
22nd. Contract work is scheduled to proceed on March 12.
• Manchester Ave Natural Gas Main Replacement – PSE has completed replacing existing
underground natural gas main between Glenn Nelson Park and 40th Ave S. on Hampton
Way, Princeton Ave, Manchester Ave, Strattford Ct, Canterbury Ln, Highland Ave, and
Yale Ct. Asphalt restoration is ongoing and will continue as weather permits.
• The Ridge Townhomes – The Preconstruction Meeting took place on February 21. The
contractor is mobilizing this week and will be installing erosion control measures for
upcoming earthwork and grading activities.
Land Survey and GIS
• The Land Survey field staff have been mapping for the 2018 Miscellaneous Water
projects, James St. and Russell Rd. intersection and well head and piezometer locations
for Environmental. Land Survey field staff has been staking for the 224th Phase 1 and
the property lines at the Gribble property. The water survey office staff has been writing
legal descriptions, preparing exhibits and drafting surveys for recording. GIS staff
continue working with the IT department on the outward facing GIS Server slated for
second quarter deployment, they met with WSDOT last week to discuss their recent
implementation process. GIS staff have been participating in scoring of the new asset
system, Census report data preparation and inputting utility as-builts into the system.
Environmental
• Lower Russell Levee Project – The first Interlocal Agreement (ILA) with the Flood
Control District on this project was presented to the Public Works Committee on
February 26 and relates to property acquisitions and reimburses.
• Milwaukee II Levee – Final Draft of the Levee Alternative Analysis has been issued with
comments requested by March 15.
• Flood Control District – The Flood Control District Executive Committee met on February
26 and included an update on the status of the Lower Green River Corridor Plan. An
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outreach plan is being reviewed by the District now. The first Advisory Committee
meeting, which the Mayor will have a seat on, is planned for June, 2018.
• Green River Natural Resource Area (GRNA) South Pump Station – The consultant
contract for final design is scheduled to go to the Public Works Committee on March
5. Data reconnoitering on utilities and topography is in progress now.
• King County Land Conservation Initiative – Regional update meetings are schedule over
the next two weeks, and Public Works will be attending one of these.
Transportation
• Traffic Signal Damage - Four traffic signal cabinets have been struck by vehicles since
the beginning of the year, three were hit and runs. Crews are working to assess and
repair the damage.
• Grant Opportunities - Staff is working on a several grant opportunities.
o PSRC Regional Competition
o PSRC Countywide Competition
o PSRC Preservation
o PSRC Non-motorized
o WSDOT Bike and Pedestrian Program
o WSDOT Safe Routes to Schools
o WSDOT Regional Mobility (partner with KC METRO)
• Commute Trip Reduction (CTR) - The City of Kent is currently undertaking the biennial
WSDOT CTR Survey required by the WSDOT grant. 15,277 employees at 27 worksites
throughout the City will be surveyed. The survey helps WSDOT, the City and the
individual companies assess the current travel habits of employees with a focus on
those who travel during the peak hours of 6 to 9 a.m.
• Annual TIP Update - The 2019-2024 Transportation Improvement Program (TIP) Update
process has begun. The process will review current and potential new TIP projects,
update project cost estimates and review and update project descriptions.
• Meeker Street Underpass Lighting – Crews are pulling wiring to the fixtures. Concrete
panels need to be removed to gain access to a junction box. Call-outs for traffic signal
issues take priority.
• Mill Creek Residential Parking Zone (RPZ) – Staff met with the Mill Creek Neighborhood
to discuss parking issues. Data collected from the meeting is currently being assessed
to determine a recommended RPZ boundary for council consideration. Rough cost
estimates are also being developed.
Streets
• The Street Maintenance crews will be sweeping the sidewalks on Canyon Drive between
Smith St and 104th. Concrete crews will be prepping for and pouring a new sidewalk on
Smith St between 4th and 6th Ave. Vegetation crews continue to remove trees and
perform other maintenance within West Creek Meadows at 116th St and 217th St.
Vegetation Wetland Crews will be doing wetland inspections and removing trees, litter
and clearing dumped materials from the BMX Wetland. Signs and markings crews will
be installing butterfly retro-markers on guardrails located at Meeker and Lincoln, 5th and
James, 192nd and 82nd, Russell Road and 228th and Meeker at Frager Road.
Water
Page 11 of 2
• The Water Division continues to work on water main cleaning and hydrant exercising.
In addition, the Water Division is wrapping up bi-annual power generator load testing at
water facility site.
Utilities
• Sewer - The Sewer Section will be cleaning lines that are 10 years or older and changing
out manhole lids citywide.
• Storm - Crews will be digging a new ditch at 19622 121st St. and saw cutting for a pipe
repair located on 103rd PL. National Pollutant Discharge Elimination System (NPDES)
crews will be performing assessments on SE 244th St at 117th Ave and on Kennebeck
Ave at Gowe St. Crews will also be repairing a manhole located on SE 208th and 113th
PL SE
Fleet/Warehouse
• The Radio shop is working on mower preseason set up. Fleet services continue to work
on scheduled maintenance and repairs, drop-in repairs and air brake inspections.
Warehouse is working on parking configurations and small equipment maintenance.
# # #
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PUBLIC HEARING
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Agenda Item: Public Hearing 6A
TO: City Council
DATE: March 6, 2018
SUBJECT: Public Hearing - Resolution Amending the 2018-2023 Transportation
Improvement Program - Adopt
SUMMARY: This public hearing will consider amendment of the 2018-2023 Six-Year
Transportation Improvement Program (“TIP”).
The amended 2018-2023 Six-Year TIP represents the City’s proposed transportation
improvement work program for the next six years. Per RCW 35.77.010, the six-year
plan for each city shall specifically set forth those projects and programs of regional
significance for inclusion in the transportation improvement program within that
region. The program is also required to be consistent with the Kent Comprehensive
Plan.
Including projects in the Six-Year TIP allows the City to search for funding partners
and apply for grants. Most state and federal agencies require that projects being
submitted for grants be included in a city’s adopted Six-Year TIP. Addendum A of the
attached exhibit contains the amendments to the TIP.
EXHIBITS: Resolution amending the 2018-2023 Transportation Improvement
Program
RECOMMENDED BY: N/A
YEA: N/A NAY: N/A
BUDGET IMPACTS: Each project or program within the TIP has a different budget
impact as noted in the narrative.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
MOTION: Adopt Resolution No. , amending the 2018-2023
Transportation Improvement Program.
This page intentionally left blank.
1 2018-2023 Six Year
Transportation Improvement Program
RESOLUTION NO. ___________
A RESOLUTION of the City Council of the
City of Kent, Washington, amending the 2018
through 2023 Six-Year Transportation
Improvement Program.
RECITALS
A. The City Council of the City of Kent held a public hearing at
the regular meeting of the City Council at 7:00 p.m. on June 6, 2017, and
adopted the 2018 through 2023 Six-Year Transportation Improvement
Program.
B. Per RCW 35.77.010, the six-year plan for each city shall
specifically set forth those projects and programs of regional significance
for inclusion in the transportation improvement program within that region.
Amending the 2018 through 2023 Six-Year Transportation Improvement
Program to include projects allows the City to search for funding partners
and apply for grants for these additional projects.
C. After proper notice, the City Council of the City of Kent held a
public hearing at the regular meeting of the City Council at 7:00 p.m. on
March 6, 2018, to consider public testimony on the City’s proposed
amendments to the 2018 through 2023 Six-Year Transportation
Improvement Program.
2 2018-2023 Six Year
Transportation Improvement Program
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Adoption. The amended 2018 through 2023, Six-
Year Transportation Improvement Program, set forth in Exhibit “A,” which
is attached and filed with City Clerk, is hereby adopted.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
resolution and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 4. – Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this day of , 2018.
CONCURRED in by the Mayor of the City of Kent this ______ day of
, 2018.
DANA RALPH, MAYOR
3 2018-2023 Six Year
Transportation Improvement Program
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
P:\Civil\Resolution\SixYearTIP2023 amendment resoultion.docx
Exhibit “A”
CITY OF KENT
WASHINGTON
SIX-YEAR
TRANSPORTATION IMPROVEMENT PROGRAM
2018 – 2023
Mayor Dana Ralph
Timothy J. LaPorte, PE,
Director of Public Works
March 6, 2018
Resolution
Table of Contents:
Resolution ...........
Introduction
Project List
2018 - 2023 Six-Year TIP Cost Estímates
Map of Projects
Project Descriptions ..
Contact Information
ilt
vi
.......vilt
1
25
On the Cover: Kent-Kangley Pedestrian Safety Improvements
Introduction
Overview
The Six-Year Transpoftation Improvement Program (TIP) is a short-range planning
document that is updated annually based on needs and policies identified in the
City's adopted Comprehensive Plan and Transportation Master Plan. The TIP
represents Kent's current list of needed projects that are anticipated to begin
preliminary engineering, right of way acquisition or construction within'the next six
years. The TIP also includes ongoing citywide transpoftation programs. Projects and
programs included in the plan are those that are considered to be regionally
significant.
The document identifies secured or reasonably expected revenue sources for each
project or program. The TIP serves as a draft work plan for the development of the
local transpoftation network, Once adopted, the TIP will guide funding and
implementation priorities during the development of the transportation portion of
the Six-Year Capital Improvement Program (CIP). The CIP shows the City-funded
portion of projects and is constrained by current budget forecasts, whereas the TIP
shows a complete project list with the variety of funding sources and paftners
involved.
Historically, the largest sources of funding for TIP capital projects have been grants
Funding for transportation projects is available from federal, state and local
resources. Each funding source has specific rules and guidelines about what types
of projects it will fund, how much of a project will be funded and timelines for
expenditure of funds. Additionally, most grant programs require a funding match,
which means that the City must also contribute funding to the cost of a project,
The City of Kent funds transportation capital projects using the General Fund,
Street Fund, Local Improvement Districts, Transportation Impact Fees, Business
and Occupation Tax, Solid Waste Utility tax, and grant revenue from local, state
and federal governments. One reason the TIP is updated annually is that many
revenue sources are closely tied to the health of the economy and can therefore be
unpredictable,
Document structure
Each project or program listed in the TIP includes an estimated cost, the amount of
funding secured or unsecured and the funding source(s). If grant funding has been
secured from a specific source, it is identified, Projects listed that are necessary to
accommodate growth and allow the City to maintain its adopted Levels of Service
may be funded in part by transportation impact fees. The costs for projects
programmed in the first three years of the TIP have been developed with a higher
level of ceftainty whereas those in the latter three years have been developed with
less specificity, as those projects are generally less defined,
nl
Requirements
State law requires that each city develop a local TIP and that it be updated annually
(RCW 35.77.OLO). It represents an important planning component under the State's
Growth Management Act. The TIP may be revised at any time during the year by a
majority of the Council, after a Public Hearing,
In order to compete for transportation funding grants from Federal and State
sources, granting agencies require that projects be included in the TIP. The State's
Safe Routes to School program, for example, requires that potential projects be
included in the TIP in order to be eligible for funding.
The Six-Year TIP is also required to be consistent with the transportation element of
the Comprehensive Plan pursuant to RCW 35,77.}LO.
Changes to the TIP
The City updated its Comprehensive Plan in 2015. The first six years of the
Comprehensive Plan are financially constrained, meaning that secured funding is
demonstrated within an approved budget or similarly approved funding actíon.
Subsequently, the 2018-2023 TIP has been revised to reflect projects that will likely
be constructed using existing funding sources as well as the City's historical record
of average grant disbursements. Capital Streets Projects that do not have any
identified funding sources have been removed from the plan. Projects and programs
were reclassified where appropriate.
Table 1
Projects Added
Naden Avenue and Willis Street
Intersection Im provements
Naden Local Access Road
Flashinq Yellow Left Turn Arrows
South 248th Street Improvements
1V
Kent-Kangley Pedestrian Safety
Improvements Completed
lst Avenue North Street
Improvements Completed
Traffic Control Signal System Completed
Central Avenue South Improvements Completed
80th Avenue South Improvements Project moved to
operations budqet
Table 2
Projects Removed
v
Project List
Project
Number
Project Name
Project Location and Extent
1 72nd Avenue South Extension
South 200th Street to South 196th Street
Kent Regional Trails Connector
Green River Trail to Interurban Trail at S 218th Street
Southeast 208th Street and l08th Avenue Southeast
Intersection Improvements
Intersection Operations En hancement
132nd Avenue Pedestrian Improvements
Kent-Kangley Road to Southeast 248th Street
South 224rh Street Extension, 84tn Avenue to 88th Avenue South
Naden Avenue and Willis Street Intersection Improvements
Intersection Operations En hancement
Naden Local Access Road
Willis Street to Naden Assembly
Flashing Yellow Left Turn Arrows
Northern Industrial Valley
South 228th Street/Union Pacific Railroad Grade Separation
Grade-Separated Crossing at Union Pacific Railroad
10. Transportation Master Plan
2
3
4.
5.
6.
7.
8
9
11.
L2.
13.
Meet Me on Meeker
Intersection Improvements at 4th Avenue and Midblock Crossing
South 224ih Street Extension, 88tn Avenue South to 94th Place
South
Railroad Quiet Zone for Downtown Urban Center
Burlington Northern Santa Fe and Union Pacific Railroads
Safe Routes to Schools Improvements at Meridian Elementary
Southeast 256th Street and 140th Avenue Southeast
L4.
v1
Project
Number
Project Name
Project Location and Extent
15.
16.
19.
2L.
22.
23.
Willis Street and Central Avenue Intersection Improvements
Intersection Operations Enhancement
76th Avenue South
22200 Block to 2L7OO Block
L7,
18. Panther Lake Signal System Integration
Willis Street Roundabout
Willis Street at 4th Avenue South
South 224th Street Extension, 94'n Place South to lo8th Avenue
Southeast (State Route Sl5/Benson Highway)
Southeast 248th Street Improvements
104th Avenue South to 116th Avenue South
20
24
ONGOING CITYWIDE PROGRAMS
Street and Sidewalk Preservation and Repair Program
Traffic Signal Management Program
Channelization Improvement Program
Guardrail and Safety Improvements Program
vll
PRO]ECT COSTS
Futurc
unfundcd
$
ç
$
$
$
$ 750,000
s 1.700.o00
$
s
$ 500,000
$332.000
$5,000,000
$r0,000,000
$350,000
$2.500_ooo
$ 15,4OO,OOO
38,a32,00C
3 5,000
5_OOO
$6,000
I 440,000
$ 6.255,000
I
s 200_ooo
$ 21,140.000
$6.285,000
$
$168,000
I
$
$
$
$ 100,000
$35,114,000
$3,652,000
$1.900.000
$ 1.315,000
$1,200,000
$ 8.000,000
$
I
$200.ooo
$ 3.860.000
s 300.ooo
a
$ 2,000.000
,ln ooo
$
$
4
$
I
$
$
$22,657,OOA
Projcd cos
$3,657,000
$1,905,000
$ 1.321,000
$1,680,000
$ 14.255.000
s 75O,OOO
$r.700.000
$900,ooo
$ 25,000,000
$900.ooo
I 400.ooo
$ 8.285,000
s 1.500 0ô0
$500.000
$500,000
c 5-OOO.000
$2,500,000
$ 15,500,000
I 96,603,000
DESCUmOil
Kenl Reqion¿l Trails Connedor
Southeðst 208th Street and 108th Avenue
il¿shinq Yellow Left Turn Arrows
South 228th StreeVUnion Påcific Þilroad
Srade Sep¿raüon
South 224th Street kensioñ, 88th Avenue
sôuth tô 94th Plâre soúth
Sãfe RouÞs to Schools Improvements at
Wi¡lis Street ônd Centr¿l Avenùe ¡nteßection
South 248th Street tmDrovemênt<
rånther Låke sioñål svsêñ rnbô.åriôñ
South Z24th sùeet Etensìon, gth Pl¿ce
South to lo8th Avênue southèåst
2
3
5
6
7
10
11
L2
13
t4
15
16
t7
18
19
20
o
N/Al $ 47,Eso,oool g 4s,lso,ooc
-l $4-200.00[
$3-090-0001 J 1.410.00t
-l a 600 004
so q¿o ôoôl
t 93.OOO,O0O
t 4,200,000
$4.500.000
$600.ooo
I 102.300.ooo
r1 lSreel and Srdewàlk P.eseruatron ¿nd Repa,¡
22 lTraffic Signal ManaEement Prcqram
23 lchåñnelizâtion Im9rovement Prcoråm
24 lGuãdrail and Safeù ImorovemenG
Túl Proqrañs
:
o
CITY OF KENT
2Ot8 - 2023 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PHASES
con$ruc¡on
$3,171,000
$1,526,000
$ 1.019,000
$ 12.950,000
$500,000
$800,000
$ 16,400,000
$
$350,000
$ 6,170,000
$1,200,000
$ 340.000
$ 290,000
$4,500,000
s a.500.ooo
350.OOO
2 150 ôôô
$ 13,OOO,0OO
g 75-aO6-OOO
R¡ght of W.y
$4,000
$ 21.000
$ 165.000
I 175,000
$ 5,000,000
$
$
$ 1,555,000
ô 80,000
$
$ 166,000
$
$1.OOO.OO0
$
g
$ 1,000.000
t 9_566.000
Pr.liñ¡n¡ry
$ 456 ôOO
$375,000
$ 281,000
$ 1.140.000
$ 75,000
,oô ô0ô
$ 3,600,000
$
$50,000
$ 560.000
s 220,000
$ 80.000
$ 44,OOO
$soo,000
$500,ooo
$
s 350_OOO
$ 1,500,000
3 10.251_OOO
å 3.657-000
$1,321,000
E 1.640.000
$ 14,255,000
$ 75O,OOO
$ 1 700_ooo
$ 25,000,000
$900,000
$400,000
$ 8,285.000
$1,500,000
$ s00,000
$ 500,000
I 5,000,000
$ 10.000.000
s 350,OOO
g 2_500.000
$ 15,500.000
$96.603.000
$ 83,500,000
g 3.600.000
540,000
$ 9r,&0.000
$ r,o0o,ooo
3
$t,oo0,ooo
$ 8.500.000
¡600.000
4 300 000
$9,460,000
$ 93,000,000
$4_200.000
4 4.500.ooo
FUTURE FUNDED ELEMENTS BROKEN OUT BY YEAR
2021
$
$
$
g
t
$
$
$
$
2022
$
$
$
$
$100,000
202'
$
s
$
J
$
$
s
$
3
6
$
4
$
$
å
$
2020
$
$
$
$
$
$
3
$
$
$
s
$
2019
$
s
$
$
s
$
$
$ 10.140,000
$
$
$ 2.515,000
¡
$
$ 16a,OOO
$
s
$
1 2 423 ôOô
20lt
$5,000
J 5,000
$ 5,ooo
$4AO,OOO
$ 5,255.000
$
200,000
$ r1,000,000
J
$250,000
$ 3,770.000
s 220.000
t
$
$
$
4 22 191 0ôô
Yê¡rs T4.l
$5,000
$5,000
I 6,000
$ 6,255.000
$
I
$
$ 21,140,000
$
I 250,000
$ 6,285,000
$220.OOO
$
$ 168,000
$
I
$
$ 100.000
$ 34 S14.000
$ 7,97S,OOO
I
3 515,000
3 a_490_000
I 7,975,OOO
â
$515,000
I 8_490_OOO
$ 7,975.000
$
$5r5,000
3 a_490_000
$7,975,OOO
$515,000
s
$4.490-000
$7,975,OOO
$515,000
s
$a-490.000
$ 7,97S,OOO
$515,000
$
s 8,490,000
$ 47,850,000
$3,090,000
$
3 50.940.000
V¡II
kwila Re n City Of Kent
Six Year Transportation
lmprovement Program
2018 - 2023
c
Citywide projects@t
not depicted on this map
99 o
1/^0 1 /^\./ KENTM¡les
Printed April 2l, 2017
Des o¡nes
st
ington
1A
ûån17-1.mrd
ral
2OI8.2O23 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #1: 72nd Avenue South Extension
South 200th Street to South 196th Street
YEAR:2018 expected completion
Complete a missing link by constructing a new three-lane
roadway from South 200th Street to South 196th Street. The
project will include the crossing of Mill Creek and construction of
full-width paving; concrete curbs, gutters, sidewalks, street
lighting, storm drainage, landscaping, utilities and
appurtenances. This project is nearing completion.
DESCRIPTION:
PROTECT COST:Preliminary Engineering....... $456,000
Right of Way Acquisition $30,000
Construction .. $3,171,000
TOTAL ............$3,657,000
Secured Funding ,..... $3,657,000
FUNDING
souRcE(s):City of Kent (Drainage Fund, Transportation Impact Fee) Puget
Sound Regional Fire Authority, Transportation Improvement
Board
PROJECT
JUSTIFICATION:Continued development in the northern Kent industrial area, and
high levels of congestion along West Valley Highway between
the South 180th Street and South 196th Street corridors,
mandate additional north-south afterial capacity. This project
provides some relief for South 180th Street, South 196th Street,
and South 2l2th Street intersections along West Valley Highway.It also provides improved access to the South 196th Street
corridor from industrial development along 72nd Avenue South
by constructing the missing link between South 200th Street and
South 196th Street, This roadway connection provides a direct
link from the existing Fire Station on 72nd Avenue South to the
196th Street grade separated corridor over both the BNSF and
UPRR mainline railroad tracks, dramatically improving
emergency response times to a large area of the Kent
Manufacturing/Industrial Center and warehouse land uses,
1
2OLA.2O23 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #2: Kent Regional Trails Connector
Green River Trail to Interurban Trail at South 218th Street
YEAR:2018 expected completion
Construct 4,40O foot multi-use trail connecting the Green River
and Interurban Regional Trails at a point approximately mÍd-way
between the South 2L2th Street and South 228th Street Corridors
at about South 218th Street in the heart of the Kent Valley. This
12-foot wide multi-use trail for non-motorized users will include
trail lighting, in some locations, to enhance visibility and
encourage year-round usage. Rectangular Rapid Flashing
Beacons and marked crosswalks will be installed where the new
trail crosses midblock at 64th Avenue South and 72"d Avenue
South. A traffic signal for pedestrians and bicyclists crossing
mid-block will be installed on 68th Avenue South (West Valley
HWY). A mechanism for performance monitoring (counting) will
be installed at or near the new traffic signal. The project will
install a steel pedestrian/bicycle bridge over Mill Creek between
72nd Avenue South and the Interurban Trail. The project is
nearing completion.
DESCRIPTION:
PROJECT COST: PrelimÍnary Engineering
Right of Way Acquisition
Construction
TOTAL
FUNDING
souRCE(s):
PROJECT
JUSTIFICATION:
. $1,526,000
!t1,9O5,0OO
Secured Funding ....,. $1,905,000
City of Kent (Drainage Fund, Parks Fund), Congestion Mitigation
and Air Quality Improvement Program, Washington State
Department of Transpoftation Local Programs
This new trail would fill a missing east/west link in the City's and
the region's bicycle network. It would connect two of the most
heavily used regional trails and provide access for tens of
thousands of people to a concentrated employment center. It
would provide alternative mode access to the Kent
Manufacturing/Industrial Center's 1,800 employers, to
recreational activities along the Green River and the Green River
Natural Resources Area and improve safety for all users crossing
three major arterial streets in an area with truck traffic.
2
2OIA-2O23 CITY OF KENT
SIX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #3: Southeast 208th Street and lo8th Avenue Southeast (SR
515/Benson Highway) Intersection Improvements
Intersection Operations En ha ncements
YEAR: 2018 expected completion
DESCRIPTION: Add a second southbound left storage lane on 108th Avenue SE,
widen the receiving lane on SE 208th St, and modify the signal
phasing.
PROJECTCOST: Preliminary Engineering
Right of Way Acquisition
Constructíon
FUNDING
souRCE(s):
PROJECT
JUSTIFICATION:
.. $281,000
.... $21,000
$1,019,000
TOTAL $1,321,OOO
Secured Funding ....,, $1,321,000
City of Kent (Transportation Impact Fees), Washington State
Department of Transportation (Federal Highway Safety
Improvement Program)
State Route 515, also known as The Benson Highway or 108th
Avenue SE, is the primary nofth/south route on the East Hill and
serves as a major transit route. With four to five lanes in its
current configuration, this roadway has been widened to its
practical limits, Improvements to intersections along the
corridor can have positive effects on corridor congestion and
improve efficiency. This project would add queuing capacity for
the southbound left turn movement while continuing to provide
two lanes of through travel,
3
2018-2023 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #4: 132nd Avenue Pedestrian Improvements
Kent-Kangley Road to Southeast 248th Street
YEAR:2018
DESCRIPTION:Construct an asphalt walking path along the west side of !32nd
Avenue SE where sidewalk does not currently exist. This project
includes the Transportation Improvement Board Sidewalks grant
project and will later include additional improvements within this
segment, that are yet to be determined. Although the
Transportation Master Plan calls for bicycle lanes on this
segment of 132nd Avenue South, a complete streets analysis
determined that the lanes would not be added at the same time
as this temporary asphalt path.
PROJECT COST:Preliminary Engineering...... $220,000
Right of Way Acquisition..... $370,000
Construction . $1,090,000
TOTAL.... ......$1,690, OOO
Secured Funding. .... $1,680,000
FUNDING
souRCE(s):City of Kent (Mitigation Funds, Street Fund), Transportation
Improvement Board,
PROJECT
JUSTIFICATION: L32"d Avenue SE is designated as a minor arterial roadway, with5 vehicle lanes, bicycle lanes, sidewalks and landscaping
planned at build-out. This roadway has been widened at various
locations based on development of adjacent parcels, Due to
budgetary constraints this roadway will not be completed in the
near term; however, the desire to improve pedestrian access
necessitates moving ahead with the walking path.
4
20t8.2023 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #5: South 224th Street Extension 84th Avenue to 88th Avenue
South
YEAR:2018
DESCRIPTION:Construct a three-lane road from 84th Avenue South to 88th
Avenue South, including a new bridge over SR 167. The project
will include full-width paving; concrete curbs, gutters and
sidewalks; five foot paved shoulders; street lighting; storm
drainage; landscaping; utilities and appurtenances. Construction
will begin in 2OI7.
PROJECT COST:Preliminary Engineering,,., $1,140,000
Right of Way Acquisition..,.., $165,000
Construction .$12,950,000
TOTAL $14,255,OOO
Secured Funding .....$L4,255,000
FUNDING
souRCE(s):City of Kent (Drainage Fund, Local Improvement District,
Special Assessments), Developer Mitigation, Transportation
Improvement Board
PRO¡ECT
JUSTIFICATION: The existing roadway system cannot accommodate the current
or forecast east-west traffic volumes between Kent's East Hill
and the Green River Valley floor. In order to meet transportation
concurrency requirements of the Growth Management Act,
additional east-west vehicle capacity is required. Intersections
along South 2}8th/2l2th. Street and James/Southeast 24}th
Streets are also at or over capacity. Because of existing
development and topographic constraints, it is not feasible to
widen the James/Southeast 24}th Street and South 2O8r^/2I2t^
Street 'corridors' enough to accommodate forecast traffic
volumes without additional east-west capacity.
5
PROJECT COST: Preliminary Engineering
Right of Way Acquisition
Construction
2018.2023 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #6: Naden Avenue and Willis Street Intersection
fmprovements
YEAR: 2018
DESCRIPTION:Build right-in/right-out intersection on Willis Street (State Route
516) at Naden Avenue consistent with Washington State
Depaftment of Transportation approval. Although there are no
bicycle facilities planned on Willis Street, this project must be
assessed in light of the complete streets requirements.
$75,000
...... $175,000
...... $500,000
TOTAL $75O,OOO
........,.. $oSecured Funding..,..
FUNDING
souRCE(s):City of Kent (Local Improvement District, Transportation Capital
Fund)
PROJECT
¡USTIFICATION: This project will provide access to the City's Naden site. The Naden
site is placed strategically at the entrance to Kent's Downtown,
highly approachable and visible from State Route State Route 167
and State Route 516. The Kent Downtown Subarea Action Plan
describes this area as critical to projecting a good image of the city.
6
2OL8.2O23 CITY OF KENT
SIX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #7: Naden Local Access Road
Willis Street to Naden Assembly
YEAR:2018
DESCRIPTION: Build local access road from Willis Street to the Naden assembly
to prepare the site for development,
PROJECT COST:Preliminary Engineering ....... $200,000
Right of Way Acquisition ........ $0
Construction ,. $1,500,000
TOTAL $1,7OO,0OO
Secured Funding ...,..,.,.. $0
FUNDING
souRCE(s):City of Kent (Developer Mitigation, General Fund, Local
Improvement District, Placemaking Fund)
PROJECT
¡USTIFICATION:This project will build upon the Naden Avenue and Willis Street
intersection improvements, allowing for greater development
potential for the Naden assembly. This area is adjacent to State
Route L67 and State Route 516 and serves as a gateway to visitors.
The Kent Downtown Subarea Action Plan describes this area as
critical to projecting a good image of the city, Landscaping will buffer
development from power lines. Additionally, this project will provide
on-street parking so people can access the Interurban Trail.
7
2OL8.2O23 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #8: Flashing Yellow Left Turn Arrows
North Industrial Valley
YEAR:2018
DESCRIPTION:Purchase and install five traffic signal cabinets, 34 controllers
and applicable communications capable of supporting flashing
yellow left turn arrow (FYLTA) displays for permitted left turns
at 14 intersections in the north Kent Valley.
PROJECT COST:Preliminary Engineering....... $100,000
Right of Way Acquisition,...,........... $0
Construction ,..,. $800,000
TOTAL .$9OO,OOO
Secured Funding . $400,000
FUNDING
souRCE(s):City of Kent (Business and Occupation Tax) Federal Highway
Safety Improvement Program
PROJECT
JUSTIFICATION:This project builds upon a previously Federal Highway Safety
Improvement Program funded project that included replacement
of the master signal controller unit and installation of the FYLTAs
in the downtown area, This type of signal display has been
demonstrated to be much more readily understood by motorists
and has resulted in reduced collision rates involving vehicles
turning left during permissive left turn signal phases, The
upgrade to the legacy central control system and more
advanced intersection traffic signal controllers will allow greater
operation flexibility and improved transportation system
efficiency.
I
2OI8.2O23 CITY OF KENT
STX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #9: South 228th Street/Union Pacific Railroad Grade Separation
Grade-Separated Crossing at Union Pacific Railroad
YEAR:2018 - 20L9
DESCRIPTION:Construct grade separation of the Union Pacific Railroad
mainline tracks at South 228th Street. The project will include
the construction of a bridge; four-lane vehicle crossing; full-
width paving; concrete curbs, gutters and sidewalks; bicycle
facilities; street lighting; utilities and appurtenances.
Construction is underway, utilities are being relocated, This
project has also been added to the Washington State Freight
Plan.
PROJECT COST:Preliminary Engineering .... $3,600,000
Right of Way Acquisition... $5,000,000
Construction .$16,400,000
TOTAL $25,OOO|OOO
Secured Funding .....$25,000,000
FUNDING
souRCE(s):City of Kent (Business and Occupation Tax, Drainage Fund,
Local Improvement District, Street Fund, and Water Fund),
Freight Action Strategy for Everett-Seattle-Tacoma Corridor,
Freight Mobility Strategic Investment Board, Port of Seattle,
Union Pacific Railroad
PROJECT
JUSTIFICATION:The project will lead to a seamless connection between major
freight handlers and their primary destinations. It will support
freight moving through Kent to the Ports of Seattle and Tacoma,
SeaTac Airport and the freeway system. Grade separating this
arterial will increase roadway capacity, decrease congestion,
enhance safety and improve freight mobility in this corridor and
throughout the region. This project will provide regional
connections for thousands of businesses, employers, and the 40
million square feet of warehouse/industrial space in the valley.
Construction is underway.
9
2018-2023 CITY OF KENT
SIX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #1O: Transportation Master Plan
YEAR: 2018-2019
DESCRIPTION: Major update to the Transportation Master Plan (TMP) including
near-term and long range planning of the City's transpoftation
system needs. Project elements will include consultant contracts
for transportation planning, concurrency management, public
involvement, travel demand and traffic operations modeling and
analysis of potential financing strategies to construct, operateand maintain the City's transportation network. The
transportation network includes non-motorized infrastructure
such as bicycle facilities and sidewalks. The current TMP was
completed in 2008 and needs to be revised.
PROJECTCOST: Contractor.... $900,000
$9OO,OOO
Secured Funding. .,..... $300,000
FUNDING
souRCE(s):City of Kent (General Fund)
PROJECT
JUSTIFICATION:The Kent Transportation Master Plan (TMP), as incorporated into
the City's Comprehensive Plan, is the City's blueprint for long-
range transportation planning in Kent, When the City's
Comprehensive Plan was approved by the Puget Sound Regional
Council in 20L5, the City deferred an update to the
Transportation Master Plan to 2OI7. This update will include a
multi-year transportation financing plan. The plan will also
consider subarea and functional plans adopted since 2008 and
newly-funded major corridors serving Kent:r Midway Subarea Plan. Downtown Subarea Action Plan. Federal Way Link Extension. State Route 509 extensiono State Route 167 improvements¡ Let's Go Kent. Park & Open Space Plan 2016
TOTAL....
10
2018-2023 CITY OF KENT
SIX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #LLz Meet Me on Meeker
Intersection Improvements at 4th Avenue and Midblock Crossing
YEAR:2018-2019
DESCRIPTION:Install curb bulb outs at the intersection of 4th Avenue South on
the west side, as well as a midblock crossing between 64th
Avenue South and Washington Avenue North with supplemental
safety features. The curb bulb outs project has been
preliminarily assessed with respect to the complete streets
requirements. The midblock crossing must also be assessed.
PROJECT COST: Preliminary Engineering........$50,000
Construction $350,000
TOTAL.... ..........$4OO,OOO
Secured Funding. ...,.., $250,000
Future Phases To be determined
FUNDING
souRCE(s):City of Kent (Placemaking Fund), Congestion Mitigation Air
Quality, Fixing America's Surface Transportation Act
Transportation Alternatives Set-Aside, Transportation
Improvement Board,
PROJECT
JUSTIFICATION: This project is intended to make the corridor inviting and safe
for all users, specifically school children, seniors, commuters,
bicyclists, recreational users and those accessing downtown
businesses. The project supports City Council's economic
development plan strategies to beautify Kent streetscapes and
strengthen sense of place by designating and improving key
gateways into Kent.
11
2018-2lJ23 CrTY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #L2z South 224th Street Extension 88th Avenue South to 94th
Place South
YEAR:2018-2019
DESCRIPTION:Construct a three-lane road from 88th Avenue South to 94th
Place South, including a new bridge over Garrison Creek. The
project will include full-width paving; concrete curbs, gutters
and sidewalks; five foot paved shoulders; street lighting; storm
drainage; landscaping; utilities and appurtenances. Construction
will begin in 2018.
PROJECT COST:Preliminary Engineering ....... $560,000
Right of Way Acquisition,,. $1,555,000
Construction ,,$6,170,000
TOTAL ............$8,285,OOO
Secured Funding ...... $8,285,000
FUNDING
souRCE(s):City of Kent (Drainage Fund, Local Improvement District,
Special Assessments, Transportation Impact Fee), Developer
M itigation, Tra nsportation Im provement Boa rd
PROJECT
JUSTIFICATION: The existing roadway system cannot accommodate the current
or forecast east-west traffic volumes between Kent's East Hill
and the Green River Valley floor. In order to meet transportation
concurrency requirements of the Growth Management Act,
additional east-west vehicle capacity is required. Intersections
along South z}9th/2l}th Street and James/Southeast 24OÛ
Streets are also at or over capacity. Because of existing
development and topographic constraints, it is not feasible to
widen the James/Southeast 240th Street and South 2O8t^/2!2th
Street 'corridors' enough to accommodate forecast traffic
volumes without additional east-west capacity.
t2
20t8-2023 CITY OF KENT
SIX-YEAR TRANSPORTATION IM PROVEMENT PROGRAM
PROJECT #L3z Railroad Quiet Zone for Downtown Urban Center
Burlington Nofthern Santa Fe and Union Pacific Railroads
YEAR:2018 - 2022
DESCRIPTION:Establish a railroad quiet zone for the Burlington Northern Santa
Fe Railway (BNSF) tracks and the Union Pacific Railroad (UPRR)
tracks through the City of Kent. The grade crossings to be
included in the quiet zone on the BNSF railroad mainline are: S
259th Street, Willis Street, Titus Street, Gowe Street, Meeker
Street, Smith Street, James Street, and S 2l2th Street. The
grade crossings included in the quiet zone for the UPRR mainline
tracks are: Willis Street (SR 516), W Smith Street, W Meeker
Street, W James Street and S 2L2tt'Street.
PROJECT COST: Preliminary Ëngineering....... $220,000
Right of Way Acquisition ,,.,.... $80,000
Construction $1,200,000
TOTAL ....,.......$1,5OO,OOO
Secured Funding . $450,000
FUNDING
souRCE(s):City of Kent (Business and Occupation Tax), Washington Utilities
and Transpoftation Commission
PROJECT
JUSTIFICATION: Locomotive engineers begin sounding the train-mounted horn
approximately Vq mile from the intersection of a
highway/railroad crossing. This warning device is an effective
deterrent to accidents at grade crossings but exposes the local
community to significant noise that affects the quality of life for
those living and working closest to the railroad facilities, and can
be a barrier to attracting new businesses and residents.
13
2018-2023 CITY OF KENT
SIX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #LAz Safe Routes to Schools Improvements at Meridian Elementary
Southeast 256th Street and 140th Avenue Southeast
YEAR: 2Ot9
DESCRIPTION:Install a traffic signal at Southeast 256th Street and 140th
Avenue Southeast and construct an asphalt pavement walkway
along Southeast 256th Street from approximately 134th Avenue
Southeast to 140th Avenue Southeast. The traffic signal includes
a traffic surveillance camera and interconnect cable to connect
this signal to the rest of the City's traffic control system. This
project must be assessed with respect to the complete streets
requirements. The Transportation Master Plan calls for bicycle
lanes on Southeast 256th Street and shared travel lanes on 140th
Avenue Southeast.
PROJECTCOST: Preliminary Engineering
Ed ucation/Enforcement
Construction ..,
TOTAL
Secured Funding
. $80,000
. $80,000
. $340,000
$5OO,OOO
....., ,.... $0
FUNDING
souRCE(s):
PROJECT
JUSTIFICATION:
City of Kent (School Zone Camera Fund), Washington State
Department of Transportation's Safe Routes to Schools Program
Meridian Elementary School is located near the intersection of
Southeast 256th Street and 140th Avenue Southeast, The school
provides adult crossing guards to help students cross Southeast
256th Street. Traffic in that neighborhood and in the
communities to the east of the school has become especially
heavy at the afternoon bell times. Intersection control
improvements would assist pedestrians and motorists to
maneuver in an orderly way during times of heavy conflict.
Currently students must walk or bike along a wide shoulder on
Southeast 256th Street.
t4
2018-2023 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #15: Willis Street and Central Avenue Intersection Improvements
Intersection Operations Enhancement
YEAR:20L9
DESCRIPTION:Improve the intersection of Willis Street and Central Avenue to
provide a right turn lane from southbound on Central Avenue to
westbound Willis Street. Project includes sidewalk, curb and
gutter replacement and improvements to traffic signal system.
Although there are no bicycle facilities planned at the Willis
Street and Central Avenue South intersection, this project must
be assessed with respect to the complete streets requirements.
PRO¡ECT COST: Preliminary Engineering
Right of Way Acquisition
$44,000
Construction
$166,000
$290,000
TOTAL
Secured Funding
$5OO,OOO
. $168,000
FUNDING
souRCE(s):City of Kent (Developer Mitigation, Transportation Impact Fee)
PROJECT
JUSTIFICATION: This project is a traffÍc mitigation requirement for additional
trips generated by the Kent Station Development. The City of
Kent will be implementing this project for which money was
contributed by the Kent Station developer. The transportation
analysis prepared for the ShoWare project assumed construction
of this project would be complete.
15
20L8-2023 CrTY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #16: 76th Avenue South
22400 block to 2L7OO block
YEAR:2020
DESCRIPTION:Construct drainage and road improvements on 76th Avenue
South from the 22400 block to the 2L700 block. The project will
include raising the existing road; a full width overlay, concrete
curbs, gutters, sidewalks, street lighting, storm drainage, and
channelization. This project must be assessed with respect to
the complete streets requirements. The Transportation Master
Plan calls for "possible re-striping" to include bicycle lanes on
this segment of 76th Avenue South,
PROJECT COST: Preliminary Engineering..,... $500,000
Right of Way Acquisition $o
Construction $4,500,000
TOTAL $5,OO0,OOO
Secured Funding. ......... $0
FUNDING
SoURCE(S)r City of Kent (Business and Occupation Tax, Storm Drainage
Utility Fund), Congestion Mitigation and Air QualityImprovement Program, Developer Mitigation, Sulface
Transportation Program, Transportation Improvement Board
PROJECT
JUSTIFICATION:76th Avenue South floods several times per year, resulting in
road closures. The roadway is located in the heart of the City's
Industrial zoning area and has heavy truck traffic. Large
industrial and manufacturing companies and a large solid waste
company that serves several adjacent jurisdictions are locatedin the immediate vicinity of the project. Road closures
negatively impact these businesses and create congestion in
other parts of the City as a result of traffic detours around the
closure, Improving the road to current standards will also
improve traffic flow on 76th Avenue South.
t6
20ra-2023 crw oF KENT
SIX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #I7z Southeast 248th Street Improvements
104th Avenue South to 116th Avenue South
YEAR:2020
DESCRIPTION:Improvements on Southeast 248th Street between 104th Avenue
South and 116th Avenue South. This project must be assessed
with respect to the complete streets requirements. The
Transportation Master Plan calls for bicycle lanes on this
segment of Southeast 248th Street. This segment will include a
five-foot landscape buffer between each sidewalk and bicycle
lane.
PRO¡ECTCOST: Preliminary Engineering
Right of Way Acquisition
,... $500,000
, $1,000,000
Construction $8,500,000
TOTAL $1O,OOO,0OO
Secured Funding ,,,...,,... $0
FUNDING
souRCE(s):City of Kent (Business and Occupation Tax, General Fund, Local
Improvement District), Economic Incentive Grants
PROJECT
JUSTIFICATION: In support of future development, this area will be connected to the
bicycle and pedestrian networks. Nearby pedestrian generators
include Morrill Meadows Park, East Hill Park, and Daniel Elementary
School, and the project will include improved turning operations into
these attractors.
17
2OI8.2O23 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #18: Panther Lake Signal System fntegration
YEAR: 2020-2022
DESCRIPTION: This project includes extension of communication fiber to traffic
signals in the Panther Lake area to allow remote monitoring,
management and coordination. The project also includes
replacement of the existing controllers to ones capable of
displaying flashing yellow left turn arrows.
PRO¡ECT COST:PreliminaryEngineering.. .......$0
Right of Way Acquisition ........ $0
Construction ,.... $350,000
TOTAL .$35O,OOO
Secured Funding ........... $0
FUNDING
souRCE(s):Federal Highway Safety Improvement Program
PROJECT
JUSTIFICATION:The traffic signals in the Panther Lake area are not connected to
the City's central traffic signal control system; hence, they
cannot be remotely monitored or managed from the City's
Traffic Management Center. The existing intersection controllers
are not capable of displaying flashing yellow left turn arrows for
permissive left turn movements. It has been demonstrated that
this type of signal display is much more readily understood by
motorists and results in reduced collision rates involving vehicles
turning left during permissive left turn signal phases. The
integration of these signals into the City's signal system will
allow operation flexibility and improved transportation system
efficiency,
18
2O!8.2O23 CITY OF KENT
SIX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #19: Willis Street Roundabout
Willis Street at 4th Avenue South
YEAR:2021
DESCRIPTION:Construct a roundabout on Willis Street at 4th Avenue South,
The project will include the construction of the roundabout,
concrete curbs, gutters, sidewalks, street lighting, storm
drainage, landscaping, utilities and appurtenances. The
roundabout will accommodate bicycle riders, consistent with the
Transportation Master Plan's call for a shared travel lane
(sharrows) on 4th Avenue. This project must be assessed with
respect to the complete streets requirements.
PROJECT COST:Preliminary Engineering ..,,.. $350,000
Right of Way Acquisition ....... $0
Construction . $2,150,000
TOTAL.... .......$2,5OO,OOO
Secured Funding, ....,..., $0
FUNDING
souRCE(s):City of Kent (Business and Occupation Tax, Transportation
Impact Fees), Congestion Mitigation Air Quality, Washington
State Department of Transportation Local Programs
PROJECT
JUSTIFICATION: This gateway project will provide an aesthetically pleasing
welcome to commuters into the heart of Kent and provide the
typical benefits of a roundabout including: improved safety,
improved traffic flow and decreased maintenance costs over the
long run.
t9
2018-2023 CrTY OF KENT
SIX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #2O= South 224th Street Extension, 94'n Place South to lo8th
Avenue Southeast (State Route Sl5/Benson Highway)
YEAR:2022-2023
DESCRIPTION:Construct a three-lane road from 94th Place South to 108th
Avenue Southeast State Route 515/Benson Highway). The
project will include full-width paving; concrete curbs, gutters
and sidewalks; five-foot paved shoulders; street lighting; storm
drainage; landscaping; utilities and appurtenances. This project
must be assessed with respect to the complete streets
requirements,
PROJECT COST:Preliminary Engineering .... $ 1,500,000
Right of Way Acquisition,,. $1,000,000
Construction .$13,000,000
TOTAL $15,OOO,OOO
Secured Funding . $100,000
FUNDING
souRCE(s):City of Kent (Business and Occupation Tax, Drainage Fund,Local Improvement District, Special Assessments,
Transpoftation Impact Fee), Developer Mitigation,
Transportation Improvement Board
PROJECT
JUSTIFICATION: The existing roadway system cannot accommodate the current
or forecast east-west traffic volumes between Kent's East Hill
and the Green River Valley floor. In order to meet transportation
concurrency requirements of the Growth Management Act,
additional east-west vehicle capacity is required. Intersections
along South 2}8tn/zLZt^ Street and James/Southeast 24}rh
Streets are also at or over capacity, Because of existing
development and topographic constraints, it is not feasible to
widen the James/Southeast 24}th Street and South 2}8t^/2L2th
Street 'corridors' enough to accommodate forecast traffic
volumes without additional east-west capacity.
20
2OI8.2O23 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #21,= Street and Sidewalk Preservation and Repair Program
Ongoing Citywide Program
YEAR: 2018 - 2023
DESCRIPTION:Maintain the existing transportation system by overlaying,
rehabilitating, and reconstructing the existing asphalt and
concrete streets throughout the City. Reconstruct and repair
existing sidewalks and curb ramps consistent with the
Americans with Disabilities Act. Construct new accessible
sidewalks. Street and sidewalk preservation and repair projects
must be assessed with respect to complete streets
requirements.
PROJECT COST:Preliminary Engineering .... $8,500,000
Right of Way Acquisition... $1,000,000
Construction .$83,500,000
TOTAL $93,OOO,OOO
Secured Funding .....$47,850,000
FUNDING
SOURCE(S)r City of Kent (Business and Occupation Tax, Solid Waste Utility
Tax), Sudace Transportation Program
PROJECT
JUSTIFICATION: The City assessed the condition of its street network in 2016.
Many of the streets exhibit deficiencies that reflect they are
beyond their expected performance life and are in need of a
maintenance or rehabilitation overlay, or some amount of
reconstruction. This preservation work also requires curb ramps
and sidewalks be made accessible to persons with disabilities,
according to the Americans with Disabilities Act (ADA). This
program constructs and repairs the City's sidewalks and beginsto address the pedestrian improvements identified in the
Transportation Master Plan.
2t
2OLA-2O23 CITY OF KENT
SIX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #22: Traffic Signal Management Program
Ongoing Citywide Program
YEAR:2018 - 2023
DESCRIPTION: Analyze intersections for potential replacement of traffic signals
or other traffic control systems to ensure safe and efficient use
of the existing and planned transpoftation network. Analysis of
turn movements and collision history will be used to prioritize
new traffic signal installations. This program budgets for
projects needed to meet the increasing demand for signalized
intersection control and the constant need for traffic counts to
monitor vehicle volumes and behavior. New traffic signals will
include bicycle detection.
PROJECT COST:Preliminary Engineering ....... $600,000
Right of Way Acquisition ,.....,. $0
Construction .. $3,600,000
TOTAL ............$ |2OO,OOO
Secured Funding ........... $0
FUNDING
souRCE(s):City of Kent (Business and Occupation Tax)
PRO¡ECT
JUSTIFICATION: This program also helps the City maintain level of service
standards necessary to maintain concurrency as required by the
Growth Management Act.
22
20LA-2023 CrTY OF KENT
SIX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #232 Channelization (Street Markings) Improvement Program
Ongoing Citywide Program
YEAR:2018 - 2023
DESCRIPTION:Provide street marking including stríping, thermoplastic
pavement marking, and raised pavement markers throughout
the City to separate and regulate conflicting movements, define
paths of travel, and facilitate safe and orderly movement on City
Streets.
PROJECT COST:Preliminary Engineering ....... $300,000
Right of Way Acquisition .....,,, $0
Construction .. $4,200,000
TOTAL $4,5OO,0OO
Secured Funding ...... $3,090,000
FUNDING
souRCE(s):City of Kent (Business and Occupation Tax)
PROJECT
JUSTIFICATION:This ongoing program maintains and updates the channelization
throughout the City. The City has approximately 1,648,863
linear feet (LF) of channelization striping, 445,30O raised
pavement markings, 22,0L2 LF of access control curb and 7,I79
LF of painted access control curb, Channelization helps to limit
conflict points and directs motorists through areas of
complexity. These markings are also used to delineate left turn
storage queue areas and deceleration areas for right turning
vehicles, This project preserves the capacity and efficiency of
the existing roadway system.
23
2018-2023 CrTY OF KENT
SIX.YEAR TRANSPORTATION IMPROVEMENT PROGRAM
PROJECT #24= Guardrail and Safety Improvements Program
Ongoing Citywide Program
YEAR:2018 - 2023
DESCRIPTION:Make miscellaneous guardrail improvements each year to
enhance motorist safety. Candidate projects include Frager
Road, SE 24\th/148th Avenue Southeast hillside, Lake Fenwick
Road north or S 272nd Street, S z}Bth/2l2th and 100th Avenue
Southeast. Upgrade existing guardrail end-treatments as
mandated by State and Federal regulations.
PROJECT COST: Preliminary Engineering
Right of Way Acquisition
Construction
$60,000
$0
. $540,000
$6OO,OOO
Secured Funding
FUNDING
souRCE(s): City of Kent (Business and Occupation Tax), Highway Safety
Improvement Program and Hazard Elimination Program
PROTECT
JUSTIFICATION: This project is mandated for compliance with Federal and State
regulations and the requirement to mitigate potentially
haza rdous roadway conditions.
TOTAL
24
CITY OF KENT, WASHINGTON
SIX-YEAR TRAN S PO RTATIO N
IMPROVEMENT
PROGRAM
2018 - 2023
KENT
WnSHTNGToN
For more information or additional copies of this document contact:
Lacey Jane Wolfe, AICP
Senior Transportation Planner
City of Kent, Public Works, Engineering
22O Fourth Avenue South
Kent, WA 98032-5895
253-856-5564
lwolfe@kentwa.gov
25
2018-2023 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
1
Addendum A
CITY OF KENT
2018 - 2023 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Updated 2018-02-21
No.DESCRIPTION Project Costs Total Past Future Funded Future
Unfunded Phases Total Preliminary
Engineering Right of Way Construction Years Total 2018 2019 2020 2021 2022 2023 PROJECT TYPE
1 Central Avenue South Improvement (Green
River Bridge to Willis Street) $ 3,657,000 3,652,000$ 5,000$ -$ 3,657,000$ 456,000$ 30,000$ 3,171,000$ 5,000$ 5,000$ -$ -$ -$ -$ -$ Capacity, Safety
2 Kent Regional Trails Connector $ 1,905,000 1,900,000$ 5,000$ -$ 1,905,000$ 375,000$ 4,000$ 1,526,000$ 5,000$ 5,000$ ‐$ ‐$ ‐$ ‐$ ‐$ Non-Motorized
3 Southeast 208th Street and 108th Avenue
Southeast Intersection Improvements $ 1,321,000 1,315,000$ 6,000$ -$ 1,321,000$ 281,000$ 21,000$ 1,019,000$ 6,000$ 6,000$ -$ -$ -$ -$ -$ Capacity
4 132nd Avenue Pedestrian Improvements $ 1,680,000 1,200,000$ 480,000$ -$ 1,680,000$ 220,000$ 370,000$ 1,090,000$ 480,000$ 480,000$ -$ -$ -$ -$ -$ Non-Motorized
5 South 224th Street Extension, 84th Avenue
South to 88th Avenue South $ 14,255,000 8,000,000$ 6,255,000$ -$ 14,255,000$ 1,140,000$ 165,000$ 12,950,000$ 6,255,000$ 6,255,000$ -$ -$ -$ -$ -$ Capacity
6 Naden Avenue and Willis Street Intersection
Improvements $ 750,000 -$ -$ 750,000$ 750,000$ 75,000$ 175,000$ 500,000$ -$ -$ -$ -$ -$ -$ -$ Econ Dev
7 Naden Local Access Road $ 1,700,000 -$ -$ 1,700,000$ 1,700,000$ 200,000$ -$ 1,500,000$ -$ -$ -$ -$ -$ -$ -$ Econ Dev, Non-
Motorized
8 Flashing Yellow Left Turn Arrows $ 900,000 200,000$ 200,000$ 500,000$ 900,000$ 100,000$ 800,000$ -$ 200,000$
9 South 228th Street/Union Pacific Railroad Grade
Separation $ 25,000,000 3,860,000$ 21,140,000$ -$ 25,000,000$ 3,600,000$ 5,000,000$ 16,400,000$ 21,140,000$ 11,000,000$ 10,140,000$ -$ -$ -$ -$ Safety, Capacity
10 Transportation Master Plan $ 900,000 300,000$ -$ 600,000$ 900,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Planning and
Growth
Management
11 Meet Me on Meeker $ 400,000 -$ 250,000$ 150,000$ 400,000$ 50,000$ -$ 350,000$ 250,000$ 250,000$ -$ -$ -$ -$ -$ Econ Dev, Non-
Motorized
12 South 224th Street Extension, 88th Avenue
South to 94th Place South $ 8,285,000 2,000,000$ 6,285,000$ -$ 8,285,000$ 560,000$ 1,555,000$ 6,170,000$ 6,285,000$ 3,770,000$ 2,515,000$ -$ -$ -$ -$ Capacity
13 Railroad Quiet Zone for Downtown Urban Center $ 1,500,000 230,000$ 220,000$ 1,050,000$ 1,500,000$ 220,000$ 80,000$ 1,200,000$ 220,000$ 220,000$ -$ -$ -$ -$ -$ Econ Dev
14 Safe Routes to Schools Improvements at
Meridian Elementary $ 500,000 -$ -$ 500,000$ 500,000$ 80,000$ -$ 340,000$ -$ -$ -$ -$ -$ -$ -$ Safety
15 Willis Street and Central Avenue Intersection
Improvements $ 500,000 -$ 168,000$ 332,000$ 500,000$ 44,000$ 166,000$ 290,000$ 168,000$ -$ 168,000$ -$ -$ -$ Capacity
16 76th Avenue South $ 5,000,000 -$ -$ 5,000,000$ 5,000,000$ 500,000$ -$ 4,500,000$ -$ -$ -$ -$ -$ -$ -$ Econ Dev
17 South 248th Street Improvements $ 10,000,000 -$ -$ 10,000,000$ 10,000,000$ 500,000$ 1,000,000$ 8,500,000$ -$ -$ -$ -$ -$ -$ -$ Non-Motorized
18 Panther Lake Signal System Integration $ 350,000 -$ -$ 350,000$ 350,000$ -$ -$ 350,000$ -$ -$ -$ -$ -$ -$ -$ Operations
19 Willis Street Roundabout $ 2,500,000 -$ -$ 2,500,000$ 2,500,000$ 350,000$ -$ 2,150,000$ -$ -$ -$ -$ -$ -$ -$ Econ Dev
20 South 224th Street Extension, 94th Place South
to 108th Avenue Southeast $ 15,500,000 -$ 100,000$ 15,400,000$ 15,500,000$ 1,500,000$ 1,000,000$ 13,000,000$ 100,000$ -$ -$ -$ -$ 100,000$ -$ Capacity
$ 96,603,000 $ 22,657,000 $ 35,114,000 $ 38,832,000 96,603,000$ 10,251,000$ 9,566,000$ 75,806,000$ 34,914,000$ 22,191,000$ 12,823,000$ -$ -$ 100,000$ -$
21 Street Preservation Program $ 81,000,000 N/A $ 40,950,000 $ 40,050,000 81,000,000$ 8,000,000$ -$ 73,000,000$ 40,950,000$ 6,825,000$ 6,825,000$ 6,825,000$ 6,825,000$ 6,825,000$ 6,825,000$ Preservation
22 Traffic Signal Management Program $ 4,200,000 N/A $ - $ 4,200,000 4,200,000$ 600,000$ -$ 3,600,000$ -$ -$ -$ -$ -$ -$ -$ Operations
23 Channelization Improvement Program $ 4,500,000 N/A $ 3,090,000 $ 1,410,000 4,500,000$ 300,000$ -$ 4,200,000$ 3,090,000$ 515,000$ 515,000$ 515,000$ 515,000$ 515,000$ 515,000$ Operations
24 Sidewalks, Sidewalk Repair and the ADA
Compliance Program $ 12,000,000 N/A $ 6,900,000 $ 5,100,000 12,000,000$ 500,000$ 1,000,000$ 10,500,000$ 6,900,000$ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ 1,150,000$ Non-Motorized
25 Guardrail and Safety Improvements $ 600,000 N/A $ - $ 600,000 600,000$ 60,000$ -$ 540,000$ -$ -$ -$ -$ -$ -$ -$ Safety
$ 102,300,000 N/A $ 50,940,000 $ 51,360,000 102,300,000$ 9,460,000$ 1,000,000$ 91,840,000$ 50,940,000$ 8,490,000$ 8,490,000$ 8,490,000$ 8,490,000$ 8,490,000$ 8,490,000$
Grand Total
Note: Loop costs are
currently not
accounted for in the
catergories above.
26 Veteran’s Drive Extension - Military Rd to I-5
Southbound Off-ramp $ 51,620,000 -$ 45,374,000$ 6,246,000$ 51,620,000$ 2,765,000$ 10,270,000$ 38,585,000$ 1,000,000$ -$ -$ 1,000,000$ -$ -$
Funded
27
Meet Me on Meeker Connecting Segment 1:
Driving Range - Driving range from Colony Park
apartment driveway to Russell Road
$ 1,300,000 -$ -$ 1,300,000$ 1,300,000$ 300,000$ 1,000,000$ 175,000$ -$ -$ -$ 175,000$ -$ -$
55627750
28
Meet Me on Meeker Connecting Segment 2:
Apartments - Russell Road to western edge of
private development property
$ 1,500,000 -$ -$ 1,500,000$ 1,500,000$ 350,000$ 1,150,000$ 200,000$ -$ -$ -$ 200,000$ -$ -$
$ 151,023,000 $ 22,657,000 $ 80,488,000 $ 47,878,000 $ 151,023,000 $ 13,666,000 $ 19,836,000 $ 116,541,000 $ 36,289,000 $ 22,191,000 $ 12,823,000 $ 1,000,000 $ 375,000 $ 100,000 $ -
Street Capital Programs
Funded
30680000
Funded
54870000
20
1
8
AM
E
N
D
M
E
N
T
Total Projects including Amendment
FUTURE FUNDED ELEMENTS BROKEN OUT BY YEAR
Total Projects
Total Programs
PR
O
G
R
A
M
S
PHASESPROJECT COSTS
Updated 2018-02-21
2018-2023 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
3
PROJECT #26: Veteran’s Drive Extension
Military Rd to I-5 Southbound Off-ramp
YEAR: 2025 expected completion
DESCRIPTION: Complete a missing link by constructing a new roadway from
Military Rd to the I-5 Southbound off-ramp, including an
intersection with the northbound on-ramp to I-5 and an
undercrossing of I-5. The project will include the construction of
full-width paving; concrete curbs, gutters, sidewalks, street
lighting, storm drainage, landscaping, utilities and
appurtenances.
PROJECT COST: Preliminary Engineering .... $2,765,000
Right of Way Acquisition . $10,270,000
Construction ................ $38,585,000
TOTAL ........................ $51,620,000
Secured Funding ............ $45,374,000
FUNDING
SOURCE(S): Connecting Washington Account (State), City of Kent, TIB
Grant, Federal STP Grant
PROJECT
JUSTIFICATION: This project will improve the connection between the Sea-Tac
International Airport, the Sea Port of Seattle and the Kent
Manufacturing/Industrial Center. This project reduces traffic
congestion on local roads and highways by completing a direct
connection between Seattle and the Kent Valley. The project
reduces traffic on SR516, improving operations of the
interchange.
2018-2023 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
4
PROJECT #27: Meet Me on Meeker Connecting Segment 1: Driving Range
Driving range from Colony Park apartment driveway to Russell
Road
YEAR: 2022 expected completion
DESCRIPTION: Complete a missing link by constructing new sidewalk and
multimodal pathway along city-owned driving range frontage.
The project will include construction of concrete curbs, gutters,
sidewalks, street lighting, storm drainage, landscaping, utilities
and appurtenances.
PROJECT COST: Preliminary Engineering ....... $300,000
Right of Way Acquisition ................ $0
Construction .................. $1,000,000
TOTAL .......................... $1,300,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Placemaking Fund, B&O) Puget Sound Regional
Council grants (CMAQ/Non-Motorized Set Aside)
PROJECT
JUSTIFICATION: Private development on the former Par-3 property (“Marquee on
Meeker”) will construct the Meet Me on Meeker promenade
along approximately 1,200 feet of frontage. Private
development at 64th and Meeker will construct the promenade
along approximately 1,000 feet of property frontage, mandating
connections between these two large segments. This project
provides approximately 700 feet of promenade connection
between Russell Road and the eastern edge of the Marquee
project, and when combined with the apartment frontage
project (“Segment 2”), will connect the two privately developed
segments for a total promenade length of approximately 3,500
feet. This will improve safety and aesthetics along this important
commercial corridor.
2018-2023 CITY OF KENT
SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
5
PROJECT #28: Meet Me on Meeker Connecting Segment 2: Apartments
Russell Road to western edge of private development property
YEAR: 2022 expected completion
DESCRIPTION: Complete a missing link by constructing new sidewalk and
multimodal pathway along private property but within the public
ROW. The project will include construction of concrete curbs,
gutters, sidewalks, street lighting, storm drainage, landscaping,
utilities and appurtenances.
PROJECT COST: Preliminary Engineering ....... $350,000
Right of Way Acquisition ................ $0
Construction .................. $1,150,000
TOTAL .......................... $1,500,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Placemaking Fund, B&O) Puget Sound Regional
Council grants (CMAQ/Non-Motorized Set Aside)
PROJECT
JUSTIFICATION: Private development at 64th and Meeker will construct the Meet
Me on Meeker promenade along approximately 1,000 feet of
property frontage. Private development on the former Par-3
property will construct the promenade along approximately
1,200 feet of frontage, mandating connections between these
two large segments. This project provides approximately 700
feet of promenade connection between Russell Road and the
western edge of the 64th and Meeker project, and when
combined with the city-owned driving range frontage (“Segment
1”), will connect the two privately developed segments for a
total promenade length of approximately 3,500 feet. This will
improve safety and aesthetics along this important commercial
corridor.
PUBLIC COMMENT
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Agenda Item: Consent Calendar 8A_
CONSENT CALENDAR
8. City Council Action:
Councilmember ________ moves,
Councilmember ________ seconds
to approve Consent Calendar Items A through P.
Discussion
Action
8A. Approval of Minutes.
Minutes of February 20, 2018, Workshop and Council Meetings and February 2nd
and 3rd, 2018, Retreat – Approve
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Kent City Council Workshop February 20, 2018
Minutes Kent, Washington
Pending Approval
Page 1 of 2
Date: February 20, 2018
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Mayor Dana Ralph
Bill Boyce, Council President
Tina Budell, Councilmember
Brenda Fincher, Councilmember
Satwinder Kaur, Councilmember
Dennis Higgins, Councilmember
Toni Troutner, Councilmember
Council President Boyce opened the meeting at 5:02 p.m.
Agenda:
Small Cells (5G)
Christina Schuck, Assistant City Attorney and Chad Bieren, Deputy Public Works
Director provided information regarding what the city will do in the right-of-way
relating to small cells.
Christina Schuck advised of the legal definition of small cells as detailed in RCW
80.36.375(d), and indicated they are short range cell sites.
The purpose of small cells is to provide additional capacity for emergency services,
increased data use, telecommuting and more reliable voice calls. They will enhance
networks to meet consumer demand while preparing for technologies and
innovations of tomorrow.
Christina provided visuals of small cell anatomy and what small cells will look like
on utility and light poles.
Christina reviewed federal laws, state laws, and section 15.08.035 of the Kent City
Code, and the City’s regulatory and proprietary capacity and also reviewed the past
and current legislation regarding small cells.
Christina and Chad provided information regarding small cell deployment in Kent,
including the current requests to deploy small cells in Kent.
Decision points for the council include the option to enter into franchise
agreements, design standards, bulk/massing relating to streets and poles, height
limits, and undergrounding. The option to enter into master license agreements
including the threshold question, design standards, management, and price/fees.
Chad indicated that he and Christina will return to a future workshop to provide
updated information regarding what other cities are doing and some proposals from
staff regarding decision points.
Kent City Council Workshop February 20, 2018
Minutes Kent, Washington
Pending Approval
Page 2 of 2
Christina suggested finalizing franchises with Puget Sound Energy a priority.
Council recommended creating high standards to ensure the facilities are
esthetically appealing, have a provision to share in the cost of undergrounding,
consider equally allocating locations to cell providers, limiting the number of
locations, and providing a good public outreach plan.
Vegetation Maintenance Management
Bill Thomas, Street and Vegetation Manager, introduced the vegetation managers.
Scott Schroeder, Storm/Vegetation Maintenance Field Supervisor, provided
information regarding the 2017 vegetation service requests, right-of-way mowing,
sidearm mowing, the maintenance of pedestrian paths, vegetation control in the
water facilities, and the Public Works Department’s work in identifying and
performing work around homeless camps.
Joe Codiga, Drainage Vegetation Field Supervisor, provided information regarding
noxious weed removal, and the maintenance of city-owned wetland sites. Joe
reviewed the maintenance work in drainage vegetation sites. Joe also provided
information regarding easement maintenance.
Ryan Carroll, Maintenance Worker IV, provided details regarding: the design and
maintenance of traffic islands; the street tree inventory, maintenance, removal and
replacement of trees; and the tree grate inventory, maintenance, removal and
replacement. Ryan also provided information regarding the wetland mitigation
program and sites, and information regarding fall protection and split rail fencing.
Heather McIntosh, Maintenance Worker III, provided information regarding the
roadside spraying program.
Dave Brock, Deputy Director of Operations Manager, expressed his appreciation of
the work of his crews and for their great attitudes.
Council President Boyce and Councilmember Higgins expressed their appreciation of
the Public Works Operations staff members.
The meeting concluded at 6:41 p.m.
Kimberley A. Komoto
City Clerk
February 20, 2018
Kent City Council Regular Meeting February 20, 2018
Minutes Kent, Washington
Pending Approval
Page 1 of 7
Date: February 20, 2018
Time: 7 p.m.
Place: Council Chambers East/West
Attending: Mayor Dana Ralph
Bill Boyce, Council President
Tina Budell, Councilmember
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Satwinder Kaur, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order
The meeting was called to order at 7:03 p.m. with Mayor Ralph presiding.
2. Roll Call
Mayor Ralph – Present
Council President Boyce - Present
Tina Budell, Councilmember – Present
Brenda Fincher, Councilmember – Present
Dennis Higgins, Councilmember - Present
Satwinder Kaur, Councilmember - Present
Les Thomas, Councilmember – Excused
Toni Troutner, Councilmember – Present
3. Changes to the Agenda
None
Council President Boyce moved to accept the agenda as submitted,
seconded by Councilmember Budell.
The motion passed unanimously with a vote of 6-0.
4. Public Communications
A. Public Recognition
None
B. Community Events
Council President Boyce provided details regarding the upcoming Spotlight Series
event in addition to past and upcoming events at the accesso ShoWare Center. Visit
accessoShowareCenter.com for ticketing information.
C. Public Safety Report
Kent City Council Regular Meeting February 20, 2018
Minutes Kent, Washington
Pending Approval
Page 2 of 7
Ken Thomas, Police Chief, presented a public safety update that included
information on the East Hill shooting at 108th and SE 240th Street, that included a
community meeting held on February 13, 2018, the investigation is ongoing.
Chief Thomas advised that today he attended a meeting to provide input on King
County’s Inquest Review Panel process.
Chief Thomas provided a brief background of Louis Daniels and Joshua Hartman.
Mayor Ralph performed the official swearing ins of Officer Daniels and Hartman.
Chief Thomas presented the Chief’s Award of Citizen Commendation to Harli
Thompson for her assistance and outstanding work in assisting officers Williams and
Richardson with taking suspects into custody. Chief Thomas also indicated that
Patrick Helmbrect is receiving the Chief’s Award of Citizen Commendation for this
same incident, but Patrick was unable to attend tonight’s meeting.
Chief Thomas presented officers Lisa Hartley and Sean Goforth with the Lifesaving
Award. The officers administered multiple doses of Narcan to a person that had
overdosed. If not for the outstanding actions of officers Hartley and Goforth, the
person would not have survived.
5. Reports from Council and Staff
Mayor Ralph
Mayor Ralph advised that in the past weeks, she has been meeting with staff,
community members, employers, state representatives and senators.
Mayor Ralph highlighted her meeting with a City of Kent Intern named Zara. Zara is
a recent immigrant from Iraq where she worked to map hospitals, schools and
infrastructures. Her work at the City included mapping assets of the City of Kent.
Zara recently accepted a full-time job with Apple. Mayor Ralph is proud of the City
for providing her with the opportunity to build her resume and gain full-time
employment.
Mayor Ralph also attended the South County Area Transpiration Policy Board. The
board is looking into applying for grant funds. Grant funds are being sought for the
509 projects and the S 228th Street project that will go over Hwy 167.
Derek Matheson, Chief Administrative Officer
Derek Matheson advised that the City Council has scheduled a follow up retreat
dedicated to budget issues and is scheduled for Friday, March 9th from 1:30-5:30
p.m. The location is yet to be determined.
The Mayor’s Leadership Team will have its own retreat on Friday, March 2nd to
discuss the budget and other topics.
Kent City Council Regular Meeting February 20, 2018
Minutes Kent, Washington
Pending Approval
Page 3 of 7
The Mayor and staff have started the recruitment process for a municipal court
judge, replacing Judge Jorgensen. Look for an upcoming press release seeking
cover letters and resumes. The plan is to have a new judge in place in the fall.
There is an executive session tonight that is expected to last 25 minutes with action
after the council reconvenes in open session.
Council President Boyce
Council President Boyce advised of the agenda items discussed during today’s
Operations Committee meeting.
Council President Boyce advised the council that the Sound Cities Association
network dinner will be held on February 28th at 5:30 at the Renton Pavilion. Mayor
Durkin will be the keynote speaker.
Council President Boyce attended the Best Start for Kids Children Youth Advisory
Board last week. The Board is in the process of discussing a detention center for at
risk youth.
President Boyce provided a brief recap of tonight’s City Council workshop topics
including small cells (5G) and vegetation maintenance management.
Councilmember Budell
Councilmember Budell serves on the Sound Cities Association Domestic Violence
Initiative. The first meeting is scheduled for February 22nd at 9 a.m. and the agenda
includes discussion on domestic violence workplace policies, the #Metoo movement,
the domestic violence firearms unit, and the opening of a children’s advocacy center
at the King County courthouse.
Councilmember Kaur
Councilmember Kaur serves on the Sound Cities Association Growth Management
Planning Council. The next meeting is scheduled for February 21st.
Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air
Agency Advisory Council. The first meeting is February 22nd.
Councilmember Kaur attended the Public Issues Committee workshop.
Councilmember Kaur attended the Neighbors of West Hill Neighborhood Council and
learned about the ID program.
Councilmember Higgins
Councilmember Higgins is waiting on a regional committee assignment.
Councilmember Higgins is the Chair of the Public Works Committee. No report.
Kent City Council Regular Meeting February 20, 2018
Minutes Kent, Washington
Pending Approval
Page 4 of 7
Councilmember Troutner
Councilmember Troutner serves on the Sound Cities Association Regional Law,
Safety and Justice Committee. The meeting on February 22nd meeting will include
discussion on behavior health and the justice system.
Councilmember Troutner attended the Public Issues Committee and discussion took
place on topics on local hazardous waste program, King County land conservation
initiative, the comprehensive solid waste management plan and whether King
County should be able to make cities ban smoking in parks.
Councilmember Troutner is the chair of the Public Safety Committee. The
committee heard a presentation by King County Prosecutor Dan Carew on “Shots
Fired.” The presentation covered gun violence, victims of gun violence, and hot
spots.
Councilmember Troutner advised that the City’s severe weather shelter was
activated on Sunday night and will be extending through Thursday night.
Councilmember Fincher
Councilmember Fincher serves on the Sound Cities Association Mental Health and
Drug Dependency Oversight Committee - King County. The next meeting is
scheduled for February 22nd.
Councilmember Fincher serves on the Sound Cities Association King Conservation
District Advisory Committee. The next meeting is scheduled for February 21st.
Councilmember Fincher is the chair of the Parks and Human Services Committee.
Last week’s meeting discussed Community Development Block Grant program
project funding, and discussed the conflict public defense council agreement
6. Public Hearing
None
7. Public Comment
Nancy Simpson, representative of the Greater Kent Historical Society, extended an
invitation for the public to attend “The Fair Behind Barbed Wire” on March 10th 2-4
p.m. at the Kent Lutheran Church located at 336 2nd Avenue South.
Tim Petersen, a Kent resident, spoke about the internment of the Japanese
Americans in Kent. Tim also expressed his concerns over drug overdoses.
8. Consent Calendar
Council President Boyce moved to approve the Consent Calendar Items A
through H, seconded by Councilmember Kaur.
Kent City Council Regular Meeting February 20, 2018
Minutes Kent, Washington
Pending Approval
Page 5 of 7
The motion passed unanimously with a 6-0 vote.
A. Minutes of February 6, 2018, Workshop and Council Meetings – Approve
The minutes of the February 2018, Workshop and Council Meetings were approved.
B. Excused Absence for Councilmember Thomas - Approve
Council approved the excused absence for Councilmember Les Thomas, as he is
unable to attend the City Council meeting of February 20, 2018.
C. Goods and Services Agreement with AMTest Inc., for Water System
Bacteriological Sampling – Authorize
The Mayor was authorized to sign a Goods and Services Agreement with AmTest,
Inc., for routine bacteriological water sample collection in an amount not to exceed
$53,011.00, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
D. Budget Certification for Annexation Sales Tax Credit – Resolution –
Adopt
Resolution No. 1958 was adopted, certifying the Panther Lake annexation sales tax
credit of $4,977,770 for the period of July 1, 2018 through June 30, 2019.
E. Ramstead Short Plat Bill of Sale – Accept
Council accepted the Bill of Sale from Curtis Lang Custom Homes as detailed in
items A, B, C, and D in the summary of this item.
F. Council Rules and Procedures Resolution – Adopt
Resolution 1959 was adopted, repealing Resolution No. 1895 and the current Kent
city council rules and procedures, and adopting new amended rules and procedures
for the council.
G. Scenic Hill Neighborhood Council Repeal Resolution – Adopt
Resolution No. 1960 was adopted, repealing Resolution No. 1776, regarding the
recognition of the Scenic Hill Neighborhood Council.
H. Consultant Services Agreement with JayRay Ads & PR Inc – Marketing
for VisitKent.com - Authorize
The Mayor was authorized to sign a Consultant Services Agreement with JayRay
Ads & PR, Inc., to provide marketing for VisitKent.com, in an amount not to exceed
$185,803, subject to final terms and conditions acceptable to the Economic and
Community Development Director and City Attorney.
9. Other Business
None
10. Bids
Kent City Council Regular Meeting February 20, 2018
Minutes Kent, Washington
Pending Approval
Page 6 of 7
A. Cambridge Reservoir Recoating and Fall Protection Improvements Rebid
#2 – Award
Kurt Hanson, Economic and Community Development Director gave the staff
presentation regarding the Naden parcel and the City’s Request for Interest that ran
from December 8, 2017 – January 22, 2018.
Councilmember Higgins moved to award the Cambridge Reservoir
Recoating and Fall Protection Improvements Rebid #2 Project to HCI
Industrial and Marine Coatings, Inc., in the amount of $1,334,850.00,
including sales tax, and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director, seconded by Councilmember Fincher.
Motion passed 6-0.
11. Executive Session and Action after Executive Session
A. Property Negotiations, as per RCW 42.30.110(1)(b) – Purchase or lease
B. Litigation, as per RCW 42.30.110(1)(i)
C. Property Negotiations, as per RCW 42.30.110(1)(c) – Sale or lease
At 7:45 p.m., the Council went into Executive Session.
Executive Session was extended for an additional 5 minutes.
At 8:17 p.m., the Council reconvened into open session.
Council President Boyce moved to authorize the Mayor to take all action
necessary and sign all documents required to retain real estate brokerage
services to assist the City in negotiating the sale of the Naden Avenue
properties, subject to approval of the final terms and conditions by the City
Attorney and the Economic and Community Development Director,
seconded by Kaur. Motion passed 6-0.
12. Adjournment
Mayor Ralph adjourned the meeting at 8:20 p.m.
Kimberley A. Komoto
City Clerk
Kent City Council Regular Meeting February 20, 2018
Minutes Kent, Washington
Pending Approval
Page 7 of 7
February 20, 2018
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KENT CITY COUNCIL 2018 ANNUAL STRATEGIC PLANNING MEETING
Friday, 2 February, Noon-5 p.m. / Saturday, 3 February, 7:30 a.m.-3:45 p.m.
Lake Wilderness Lodge / 22500 SE 248th Street, Maple Valley
SUMMARY
OF THE MEETING’S KEY DISCUSSIONS, DECISIONS, AND AGREEMENTS
Participants: Mayor Dana Ralph; Council President Bill Boyce; Councilmembers Tina Budell, Brenda Fincher, Dennis
Higgins, Satwinder Kaur, Les Thomas, and Toni Troutner; Chief Administrative Officer Derek Matheson; Mayor’s
Leadership Team (MLT) members Aaron BeMiller, Mike Carrington, Marty Fisher, Pat Fitzpatrick, Kurt Hanson, Kim
Komoto, Tim LaPorte, Dana Neuts, Julie Parascondola, Ken Thomas, and Margaret Yetter; Council Administrative
Assistant Jenn Hays; and facilitator Jim Reid.
SUMMARY OF THE MOST IMPORTANT AGREEMENTS FROM THE MEETING
At this year’s strategic planning meeting, the Council and Mayor Ralph agreed to:
1. Revise the vision and mission statements and three goals, and establish a small committee to
initiate the revisions.
2. Focus on ten top priorities for 2018.
3. Carefully examine three options to ensure the future financial sustainability of the City. These
options will be considered in a mini-retreat in March and during a series of City Council
workshops this spring.
4. Negotiate with utility districts to charge franchise fees.
5. Consider return on investment (ROI) as part of the Capital Investment Strategy when deciding
which capital projects to include in the Capital Improvement Program (CIP).
6. Revise the City’s Economic Development Strategic Plan with “light touch” revisions to bring it up
to date. The Administration will proposed these changes to the Council’s Economic and
Community Development Committee a little later this year.
7. Design an internship/apprenticeship program that expands existing City efforts and coordinates
with the School District, local colleges and universities, businesses, the State, and Port of Seattle.
THE AGREEMENT TO REVISE THE VISION, MISSION, AND THREE GOALS
By reviewing the strategic planning framework that has been in place since 2011, including Kent’s vision,
mission, and goals, the Council, Mayor, and MLT reached consensus to:
1. Revise the vision and mission statements; and
2. Revise three of the five goals: Authentic Connectivity and Communications; Thriving
Neighborhoods and Urban Centers; and Sustainable Funding.
The Council, Mayor Ralph, and the MLT favor a vision statement that is bold and inspiring, one that
provides the public with a tangible idea of what the City will be in the future. The vision should also be
2
shorter than the current statement, and go “hand in hand” with the revised mission statement. And the
strategic framework needs to be related to departmental guiding plans.
Everyone supported the concept behind Authentic Connectivity and Communications, but was interested
in making the goal statement clearer and more understandable.
As for Thriving Neighborhoods and Urban Centers, it was the last phrase, “Urban Centers,” that appeared
problematic. The consensus of the group was to eliminate it and find a way to incorporate “businesses”
into the statement so that both neighborhoods and the business community are recognized.
There was also agreement to change Sustainable Funding to Sustainable Services to place the focus on
services while underscoring that sustainable funding is needed to provide and maintain them.
Mayor Ralph, Council President Boyce, and Derek Matheson will decide on a small committee to revise
these statements.
The Context for the Agreements:
The discussion that led to the above agreements was framed by this question: “What kind of city do we
want in the next 10-20 years?” The responses were:
A city where people desire to come to live and stay and raise their families.
A community of thriving neighborhoods and engaged citizens who embrace Kent’s diversity and
celebrate its parks and other programs and activities.
A city where its neighborhoods come together to raise each other up.
Kent is already competing for people – visitors, residents, and businesses—and must become even
more competitive to attract tomorrow’s investors, businesses, and employees.
Kent should be an engine of innovation and technology.
“Kent, the World’s Hometown!” How do we grow bigger and have a greater global presence but
retain the feeling of a small town?
Can we capitalize on schools and parks? Back in the day, Kent had the most parks per capita and the
best schools. It was cool to grow up here. People came here because it was the place to be. This is
not the case anymore. Today schools in particular are the reason why people move to Maple Valley
and Covington. Can our schools, parks, and neighborhoods become the focal points for making Kent
once again a cool place to live?
In addition to agreeing to revise two of the five goals, another of the goals, “Innovative Government,”
was defined as:
Forward thinking, continually improving.
Embracing new and better ways of doing things.
Characterized by bold decisions that result from tough or difficult conversations.
Fiscally responsible.
Employees stay a long time and are challenged to try new things and different approaches.
Public-private partnerships are meaningful and benefit both parties.
THE AGREEMENT ON THE TOP 10 PRIORITIES FOR 2018
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On Saturday afternoon, with the 2018 strategic planning meeting nearing adjournment, the Council,
Mayor, and MLT reviewed the list of potential priorities they had generated the previous afternoon.
Everyone could vote for eight priorities, and then facilitator Jim Reid tabulated the results.
These priorities received at least six votes and emerged as the Top 10 Priorities for 2018. They are listed
in order of the number of votes they received (from fourteen to six):
1. Find solutions to the “Fiscal Cliff.”
2. Implement Public Safety Proposition A (if approved by the voters in April 2018)
3. Make strategic investments to ensure that every dollar spent advances Kent’s vision, mission, and
goals and prioritizes capital expenditures.
4. Communications: Tell the story of the City’s accomplishments to the community.
5. Communications: Promote Kent throughout the region.
6. Adopt a balanced budget for 2019-’20.
7. Both internally and externally, invest in technology to leverage service delivery.
8. Restore the reputation of the City’s permit processing.
9. Establish a railroad quiet zone.
10. Address homelessness by working with non-profit organizations and businesses on jobs and
transitional housing.
On Friday afternoon, Mayor Ralph, the Council, and MLT brainstormed the City’s potential priorities. This
list was the basis for Saturday’s selection of the Top 10 Priorities for 2018. Here is the original list.
Public Safety Initiative
Implement public safety plan
Single Use Plastics – Planning Plastic Bags
Affordable Housing
Positive promotion of Kent in the Region
Finding solutions to the Fiscal Cliff
Homelessness
Build the YMCA
Tell our Story
Gaming
Production and processing of cannabis to help achieve financial sustainability
Find efficiencies in service delivery
Strengthen infrastructure to support growth
Manage staff capacity
Increase communication with residents, especially communities of color
Hire a human services liaison to work closely with the Police Department
Leverage recently passed tax initiatives (Senior, Veterans, Best Start for Kids)
Establish a railroad quiet zone
Invest strategically: Every dollar spent should advance vision, mission, and goals
Address capital prioritization and add more structure
Increase community outreach
Finalize new vision, mission and goals
Attract new businesses to vacant spaces in the downtown core
Leverage strategic partnerships that directly support community goals (Get to yes!)
Finalize Sound Transit agreements
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City take ownership of the property at 2nd and Meeker
Sustainable investment strategy for the rehabilitation of Kent Commons and Senior Center
Update Kent’s Human Services Master Plan
Work with non-profits and businesses to assist with homeless jobs and transitional housing
Implement laser fiche program
Purchase and implement the public portal of laser fiche
Focus on staff training and development
Report back to the public: Leverage GIS work (building permit maps, storm pond maintenance, parks
capital)
Replacement KIVSA software
Purchase and implement Procurement Management System
Make a priority for technology that tracks current traffic flow (intelligent traffic flow)
Covered Sidewalks
Update Council Chambers to make them safer and more secure
Update emergency planning to account for an active shooter
Transition to data driven decision-making
Have hard conversations on priorities and what we can’t do via service reductions
Invest in technology to leverage service delivery – internal and external
Restore reputation of permit processing
Implement Phase I Performance Measures
Incorporate intelligent traffic connectivity into all traffic signals
THE AGREEMENT ON OPTIONS TO RESOLVE THE FISCAL CLIFF
One of the key topics of discussion at this year’s retreat was the fiscal cliff, which will significantly impact
the City’s finances beginning in 2019. The fiscal cliff is the deficit of approximately $10 million per year
(approximately 10% of the City’s General Fund) that will result from phasing out the Streamlined Sales
Tax (SST) mitigation in 2019 and the expiration of the Panther Lake annexation tax credit in 2020.
Finance Director Aaron BeMiller and Derek emphasized that Kent’s situation is unique. For example, Kent
annually receives $5 million of the State’s $20 million SST mitigation fund. Furthermore, Kent has a
smaller sales tax base than many cities, including its neighbor, Auburn. Because Kent is in a unique
position, there is not a lot of pressure on the State to come up with a legislative fix, although Aaron and
Derek reported that Kent is actively engaged in a committee that is working with State officials to
determine if anything can be done. Aaron also commented that some financial strategies the City might
consider only appear to delay the worst until 2025.
As a result of the discussion about how to address the coming fiscal cliff, the Mayor and Council agreed
to carefully examine three options to ensure the future financial sustainability of the City. These options
are: 1) increase revenues; 2) reduce expenditures; and 3) reallocate revenues and/or expenditures
between funds. They agreed on one strategy for raising revenues: continue to move forward with
franchise negotiations with utility districts.
The City Council will carefully consider the three options this spring during a series of Council workshops.
The Council and MLT observed that assessing the three options will require the City to have clearly
defined its priorities and service levels.
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Regarding the option to increase revenues, the Council listed some other strategies besides charging
franchise fees. They were: 1) revise or eliminate the restrictions on the use of the B&O tax and increase
the tax rate, particularly on larger businesses; 2) install red light cameras at key intersections; 3) allow
and tax the production and processing of marijuana; 4) impose the car tab fee; 5) submit a levy lid lift
proposal to the voters; and 6) ask companies begin to pay for the impact they have on Kent’s services or
facilities, such as roads and streets. A few Council members stated that of all the possible strategies,
changing restrictions on and increasing the B&O tax is the least appealing. But it was not ruled out and
will be considered during the Council workshops.
Regarding reducing expenditures: Council said it if it is going to consider increasing taxes, it must also
consider program and service reductions. But the Council also said it will consider their potential
intangible affects. These include impacts on citizens, particularly those most in need, and on staff,
including staff morale, retention, and recruitment. A suggestion was made that if staffing reductions
were to become necessary, employees might be offered early buyout packages to entice some to retire.
Another idea for reducing expenditures was to transfer City facilities to third parties. An idea for
preventing expenses from rising was to cap the salaries of the City’s elected officials.
In preparation for the Council’s mini-retreat and workshops, a suggestion was made that each
department identify those programs that are entirely funded or heavily supported by General Fund
revenues. This would provide Council with a more accurate idea of the amount of funding that could be
reduced, and the nature of the programs and services that could be at risk.
If reductions in spending were needed, some expressed a preference for making the cuts at one time,
rather than stringing them out over a period of years. According to some MLT members who have
experienced the latter strategy, the impact on staff is far worse than if cuts were made all at once.
Regarding the option of reallocating revenues and/or expenditures between funds, one idea was to
transfer funding from the Capital Fund to the General Fund.
Finally, Council member Brenda Fincher recommended that the City consult with staff from the National
League of Cities to discover what other cities across the nation have done when facing financial
challenges of the magnitude that Kent is facing.
ADMINISTRATION PROPOSES A CHANGE IN CAPITAL PLANNING
The next item on the retreat agenda was a discussion of capital projects and how they are prioritized.
This discussion was brief because a ninety-minute Council workshop on April 3rd will be devoted to
reviewing the Capital Investment Strategy Policy Questions (see pages 17-18 of the Council Retreat
Agenda Packet).
The principal outcome of this conversation was the Administration’s preview to Council of a change in
how the CIP list is developed. As Aaron described it, the previous process included these steps: 1)
departments identified and prioritized capital projects within their lines of business and proposed them
to the Mayor’s Office; 2) the Mayor’s Office gathered and reviewed them, and then developed a list; and
3) the Administration recommended the CIP to the Council. The Administration has concluded that this
process did not include a citywide perspective, and, therefore, was not directly linked to the City’s vision,
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mission, goals, and priorities. The new process will start with that perspective by bringing departments
together earlier to discuss how projects could advance the vision and priorities.
The City Council members appeared to support this approach, although they were not asked during the
retreat to formally endorse it. There will be more discussion of the process and content of the CIP on
April 3rd. But the Mayor and Council supported Policy Question #13 in the Capital Investment Strategy
(CIS). They agreed that the return on investment (ROI) should be considered as part of the CIS.
PUBLIC SAFETY DISCUSSION FOCUSES ON BODY CAMERAS AND CARS
Chief of Police Ken Thomas began the discussion of public safety issues by briefing the Mayor and Council
on recent crime statistics and trends. His two primary messages were: 1) The City needs to change
perceptions of Kent because crime is not as bad in the community as many people within Kent and across
the region think it is; and 2) An increase in calls related to “quality of life” issues—prostitution and human
trafficking, for example—are diverting the department’s attention away from pursuing alleged
perpetrators of more serious crimes such as homicide, burglary, and rape. If Proposition A passes at the
ballot box in April, the Police Department could hire up to twenty additional officers. This may also help
the department decrease the costs of mandatory overtime, which amounted to $2 million last year.
Ken also briefly discussed the department’s efforts to reach out to a wide variety of neighborhoods and
communities. He, for example, is the department’s liaison to the African-American community. His
colleagues are also taking responsibility for serving as liaisons to other diverse communities in the City.
With Ken guiding them, the Council and Mayor discussed two specific issues that the Police Department
is currently addressing:
1. Body cameras. Ken reported these costs associated with equipping officers with body cameras: 1)
$192,000 to start the program; 2) $160,000 per year for equipping personnel; and 3) $190,000
per year for public records requests and other related expenses.
2. Cars for officers. This program would assign a car to each patrol officer, rather than officers
sharing cars. The Administration believes that ultimately this would save the City money and
enhance public safety.
As a result of the discussions, the Council appeared to be supportive. But one member suggested that
when the Council discusses body cameras in more depth, it will need to discuss issues related to privacy.
And the Council suggested to the Mayor and Ken that before it can approve body cameras or one-car-
per-officer, it will need a more detailed cost and benefit analysis. Council member Satwinder Kaur also
suggested that the City should entertain hiring a social worker to partner with the police to address the
mental and behavioral health issues of people with whom the department comes in contact. As it turns
out, there is proposed legislation in Olympia about this subject; what the City of Kent is doing currently to
address these issues through public safety efforts is a model for that legislation.
MAYOR PLEDGES LONG-TERM FACILITIES PLAN
Parks and Recreation Director Julie Parascondola briefed the Council on the City’s need for additional
space. Mayor Ralph pledged to the Council that her Administration will propose a long-range facilities
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master plan so that future Council decisions regarding the City’s space needs are made in the context of
an overall framework and strategy.
COUNCIL SUPPORTS ECONOMIC DEVELOPMENT STRATEGIC PLAN
Economic and Community Development Director Kurt Hanson conducted the next briefing. He updated
the Council on the City’s economic development strategic plan, which includes six focus areas, twenty-
one strategies, and 112 actions. It also includes a “status bar” and performance measures that report on
the City’s progress in implementing the strategies and actions.
The Council said that the plan is still relevant and providing the right direction. It also agreed with Kurt
and the Mayor that “light touch” revisions will bring it up to date. The Administration will propose the
few revisions that appear necessary to the plan at a future meeting of the Councils’ Economic and
Community Development Committee.
COUNCIL AND MAYOR HAVE MUTUAL INTERESTS IN INTERNSHIP PROGRAM
To initiate the conversation, Bill Boyce shared his vision for an internship/work study program. Then the
Mayor voiced her thoughts and suggestions. They agreed that they share many common interests. And
the other Council members and the MLT do, too.
While the City has had interns in the past, and, according to Human Resources Director Marty Fisher
there is “lots of activity at the department level,” the program discussed at the retreat would be citywide,
multi-layered, and future-oriented. It would also help create a pipeline of young apprentices and interns
for permanent jobs with local businesses and government agencies.
These are some of the possible elements of the potential program:
A clear citywide vision, purpose, and goals.
An apprenticeship program for high school students in coordination with the School District.
Internships for college and graduate students in coordination with universities and colleges.
Youth training in coordination with existing programs of the State of Washington and Port of Seattle.
Internships within the City that are supported by the bargaining units with whom the City works.
The City serves as a facilitator who steers young people to apprenticeships and internships in private
sector businesses and companies.
Marty also provided everyone with a one-page paper summarizing the Goodwill iGrad City of Kent
Internship Program. In partnership with the City, Goodwill Industries is looking to provide twenty-five
internships for at-risk youth between now and this coming June 30th. Six-week internships are being
offered through three cohorts, each with eight to fourteen students. One of the cohorts began this
month; the other two start in early March and early May. Marty asked for assistance in identifying
potential interns and internship opportunities.
ELECTED OFFICIALS SEEK MORE INFLUENCE FOR KENT IN THE REGION
Kent officials have been playing an influential role in the region for a long time. Issues related to the
Puget Sound’s increasing growth and development—housing, transportation, jobs, flood control, and the
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Streamlined Sales Tax (SST), to name a few—make it even more imperative that the City is a regional
partner with influence over how these issues are addressed.
The Mayor, Council, and MLT reviewed a listing of committees and who serves on them (see pages 63-66
of the Council Retreat Agenda Packet). Some examples of City involvement in these committees are: 1)
Mayor Ralph serves on Puget Sound Regional Council’s Transportation Policy Board and on the County
Regional Transportation Committee; 2) President Boyce serves on the Economic Development Council of
Seattle and King County and on the Children and Youth Advisory Board, 3) Council member Brenda
Fincher sits on the King Conservation District Advisory Committee and on the Mental Illness and Drug
Dependency Oversight Committee; 4) Council member Toni Troutner was recently appointed to be on
the Regional Law, Safety, and Justice Committee; 5) Council member Tina Budell serves on the Domestic
Violence Initiative Regional Task Force; and 6) Council member Satwinder Kaur is on both the Growth
Management Planning Council and the Puget Sound Clean Air Agency Advisory Council.
The Mayor and Council reiterated their interest in serving on these committees to help ensure that Kent
remains influential in regional policy development and implementation and obtain resources to address
challenges facing the City. As Mayor Ralph said, “Bad things could happen to Kent if we are not involved.”
She also stressed the need to be well prepared for the meetings of these regional committees so that
Kent’s influence can grow.
Later this year the City will strategize about the regional committee appointments it seeks in 2019 to be
able to influence the issues of greatest importance to and impact on Kent. And one person also advised
the City not to forget appointments that the Governor makes to regional or statewide committees as
they, too, offer the City opportunities to strengthen its visibility, credibility, and influence.
COUNCIL ENDORSES CHANGES TO ITS RULES AND PROCEDURES
City Attorney Pat Fitzpatrick reviewed the City Council’s Rules and Procedures. He suggested a number of
changes, all of which the Council supported. He will finalize the proposed changes and submit them to
the Council for formal adoption soon.
COUNCIL IDENTIFIES ISSUES ON THE HORIZON
At the end of the retreat, the Council and Mayor took the opportunity to identify issues they foresee on
the horizon that the City will need to address. These three were mentioned:
1. Inclusionary Housing
2. Renegotiating the cable contract with Comcast
3. Making public buildings compliant with the Americans with Disabilities Act (ADA)
ELECTED OFFICIALS LIST MAJOR ACCOMPLISHMENTS OF 2018
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To provide background and context for planning for 2018 and beyond, the Council and Mayor began the
retreat by citing the City’s major accomplishments of 2017. These are the accomplishments they said
would have the positive, long-term benefits for Kent:
Pump station on James Street
Tangible projects completed by Public Works
YMCA Project and Partnership *
Increase in Neighborhood Councils
B&O square footage tax for Parks’ sustainability *
Finishing South Central
Hard decisions made by Council, including banked property taxes and the B&O square footage tax for
parks capital projects
Passage of the budget
Training for police officers regarding how to avoid deadly shootings
Hiring of the Cultural Communities Coordinator
Dock replacement at Lake Meridian
Hiring of the Kent Youth and Family Services’ Human Trafficking Officer
Kudos to IT Department for its ability to keep us connected and operating
Amount of teamwork over the past year among the Council and staff
Assemblage of the Naden property
Sale of the Par 3 Golf Course and the nearby Cancer Care property
Kent’s involvement in the region
The Councilmembers also thanked Jenn Hays for her assistance.
The Council also listed the key lessons learned during the past few years from working to advance the
Council’s vision, mission, and goals, and from engaging the public in this endeavor.
Communication with the public needs to be even stronger. *
So much information is out there that it can be overwhelming to citizens, so the City needs to be
even more strategic in how it communicates.
Lots of good things are happening so the City needs to tell its story even more effectively. Don’t just
tell what happened; describe the impacts, too.
Communication with developers and business owners needs to be strengthened. One reason is
because of the continuing criticism of the City for taking too long to process and approve permits.
Homelessness, litter, and graffiti have proven to be challenging for a city or region to resolve because
they are societal forces beyond any one jurisdiction’s control.
Should take pride in becoming a big city and begin to think and act like one.
Some residents of West Hill perceive they are being left out. The more personal touches we have
with residents, the more we can do to combat this feeling or perception.
Importance of Kent’s participation in the Region has grown, and this means it is more important for
us to be engaged in the region, particularly in South King County.
We can garner greater support if we educate the community about where its tax dollars are being
spent.
* These comments were seconded or repeated.
MLT CITES DEPARTMENTS’ MAJOR ACCOMPLISHMENTS OF 2017
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After the Mayor and Council listed what they believe were the City’s major accomplishments of 2017, the
members of the Mayor’s Leadership Team (MLT) identified the departments’ major accomplishments of
last year and the challenges they see on the horizon.
Tim LaPorte, Public Works
Accomplishments:
80th Avenue at the north end of Kent
212th at 72nd
224th Street bridge over 167
Working with the railroad
Streets were paved and infrastructure replaced
Work force was much more engaged (we can measure that engagement)
Challenges:
Drainage District #1 – not enough funding to get the ditches cleaned out
Pat Fitzpatrick, Law
Accomplishments:
YMCA Agreement: very complex situation that was a big deal for the office
Sale of the Par 3 Golf Course
Prosecution Division and the DUI Court: Public Safety doesn’t stop at the arrest; marijuana DUI was
upheld by the Court of Appeals
Challenges:
228th corridor
The Naden property
Sound Transit
Franchise and small cell towers
Increasing complexity of Public Defenders jobs
Staff will need to adjust to a new judge
Margaret Yetter, Court
Accomplishments:
DUI Court: twenty-two participants were eligible for the program; only one opted to go to jail rather
than participate in it
Relicensing Program has been a huge success
Challenges:
New Enhancement to case management to O-Court
Transitioning of new judge leaving and coming in
Dana Neuts, Communications
Accomplishments:
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Cultural Communications Coordinator, Uriel Varela, is making great connections to the School District
and diverse neighborhoods
Enhanced social media/monthly social media group training
Implemented the fireworks communications plan to the community; next year will expand it to
include New Year’s Eve
Added five new neighborhood councils
Challenges and Opportunities:
Volume of work
SST
Need to offer more short and long term planning
Expand the Cultural Communications Coordinator’s role
Kim Komoto, City Clerk
Accomplishments:
Continuous Improvement Work Plan
Purged and archived over 700 boxes of records
Responded to more than 3,000 public records requests
Challenges:
Need to strategize how to deal with the growth in records management, particularly if we intend to
live up to our standard of responding within five days of a request
Ken Thomas, Police
Accomplishments:
Accreditation of the jail; only the second in the State of Washington
Changes in our service delivery model, which allowed us to deal with thirteen homicides, five officer
shootings, and two significant domestic violence investigations
Improvements in officer safety and training, including bullet proof glass, cameras, and required process
for officers mandated to be on administrative leave
Challenges:
Police Department staffing
Opioid and homelessness crises
Julie Parascondola, Parks and Recreation
Accomplishments:
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Sustainable Parks Capital
Tobacco, Smoke and Vape-Free Parks and Open Spaces
Riverbend Golf Complex Sustainable Business Plan
YMCA/Morrill Meadows Development Project
Clean State Audit on the CDBG program managed by Human Services
Serving 1.4 million participants in programs, events, and community centers
Challenges:
The upcoming 2019-‘20 Budget development
Kurt Hanson, Economic Development
Accomplishments:
Successful recruitment of Par 3 Golf Course FNW
“Meet Me on Meeker” design guidelines
Completed the Naden property assembly and RFI for the south end of the site
Record-setting permit numbers and revenue
Challenges:
Sufficient staffing to handle the demand for permit review and approval
Solidifying our regional position and perception as a cultural hub and/or high tech industry
Resolve placemaking and livability for development draw
Sound Transit project – 2019-2021
Aaron BeMiller, Finance
Accomplishments:
Became a more integrated and cohesive team; took more pride in our work and were more
productive
We won awards for our reports and clean audits
Excellent financial report to the Council
Challenges:
Managing demand versus capacity
Cost Allocation
CLASS Replacement
Performance Measures
2019-‘20 Budget development
Mike Carrington, Information Technology
Accomplishments:
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Growth, development, and promotions of staff throughout the City has been a benefit to the IT
Department
Established information security program
Trained employees
Moving data centers from City Hall and the Fire Station to Tukwila
Deploying technology improvements, such as in the Council Chambers and conference rooms
Seven major business system deployments are underway simultaneously
Added critical skill sets to the department
Challenges:
Budget development and fiscal cliff
Continued management of security profile: 5.5 million contaminated emails blocked, 8 million spam
and malware which affected or could have affected 8000 computers
Proliferation of data: Amount of digital media by the City is huge
Marty Fisher, Human Resources
Accomplishments:
Put the ‘human’ back in Human Resources; became a trusted advisor to the employees
People: Employee Engagement Survey attracted 64% participation
o It found that many employees are not aware of the vision, mission, and goals
o #1 “hot button” is the lack of training and professional development
o Department is focused on on-line training, including anti-harassment
o Updated performance evaluation process, career page (which illustrates and focuses on
diversity) and web recruitment page
o Implemented an on-line process to “on board” new employees so that they are prepared for
their first day on the job
Logistics/Infrastructure: LEAN process
Legal Compliance:
o Updated twenty policies with a goal of reviewing and updating every policy every thee years
o Achieved 100% participation of employees in anti-harassment training
o Improved investigation process
Challenges:
Budget concerns, which are affecting recruitment and retention
Renegotiating labor contract with the Kent Police Officer’s Association
Succession Planning: More than sixty managers and supervisors will be eligible to retire in the next
three years
Derek Matheson, Mayor’s Office
Accomplishments:
Proposed a balanced budget for 2018
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Proposed the square footage tax for police that will be on the ballot in April
Established the Major Projects Team consisting of three operating directors, three support
employees and Derek to facilitate inter-departmental communications and collaboration on major
capital projects
Seamless transition from Michelle Wilmot to Dana Neuts in the communications office
Challenges:
With a new Mayor and two new MLT members, we need to come together as a Mayor’s Leadership
Team (will follow up with an MLT retreat)
Public Safety and Criminal Justice ballot measure
Developing the 2019-’20 Budget
When the members of the MLT finished providing this overview, Council President Bill Boyce said: “The
Council is in tune with what is happening in the departments, and is proud of what the staff has
accomplished.” Councilmembers also said that it is vital that the City tell its story about what it has
accomplished. “Let’s get out the word.” Finally, the Council also said that it is committed to doing what it
can to address the fiscal challenges that are on the horizon.
EXPECTATIONS OF ONE ANOTHER
At the end of the first afternoon of the retreat, Mayor Ralph, Council President Boyce, the other Council
members, and the Mayor’s Leadership Team members discussed their leadership and decision-making
styles and what everyone can expect from them.
Mayor Ralph started by saying that she is committed to teamwork and collaboration, openness and
honesty. She also wants close communication and collaboration with the Council President and all the
Council members. She said to the MLT that she is not interested in micro-managing, but needs to know
what is working and what is not, and expects that the MLT will tell her want is not working as well as
what is. Bill Boyce said, “We all want a strong relationship with the Mayor. And knowing that we will not
always agree, we will occasionally need to agree to disagree. Yet we can remain respectful and friends.”
The rest of the Council members said they respect each other, want to help the new Mayor succeed, and
respect the MLT and the work of the departments. They expressed pride in the Council’s diversity, and
longer-term Council members offered to mentor the new members.
MLT members said that the staff is very attuned to the relationships within the Council and between the
Mayor and Council. They expressed appreciation that Mayor Ralph and the Council get along so well, and
want to continue that partnership. And Pat Fitzpatrick, who seemed to speaking for the entire MLT, said,
to the Council, “Our door is always open to you.”
Council President Boyce said that at next year’s retreat the group should evaluate the relationships and
collaboration to ensure they stay on track.
TAKEAWAYS FROM THE RETREAT
At the very end of the retreat, everyone identified something that they were taking away from the 2018
strategic planning retreat that was of most value or importance to them. The general themes of this brief
discussion were:
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We are all leaders and have a voice in charting the City’s future.
We respect and trust each other, are working well together, and are proud to be on this team.
In light of the challenges facing us, it is more important than ever to have clear priorities, the
participation of everyone, and the willingness to change our minds as new information comes our
way.
We need to do an even better job of telling our story to Kent’s residents and the region.
Finally, there was a brief discussion about the need to immediately communicate with the staff about the
discussions that addressed the fiscal cliff and the options the Council and Mayor agreed to consider.
(NOTE: On Monday, February 5th, Derek and Dana Neuts crafted a one-page message and the Mayor’s
Office sent it to all staff. It pledged openness and transparency and invited staff to ask questions.)
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Agenda Item: Consent Calendar – 8B_
8B. Approval of Bills:
Approval of payment of the bills received through January 15, 2018 and paid on
January 15, 2018. The Operations Committee audited the payment of bills on
February 6, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
01/15/18 Wire Transfers 7371 - 7390 $2,211,675.85
01/15/18 Regular Checks 720836 - 721180 $2,840,554.68
01/15/18 Payment Plus 100717 - 100730 $24,046.24
Void Checks ($1,080.41)
01/15/18 Use Tax Payable $3,470.59
$5,078,666.95
Approval of checks issued for payroll for January 1, 2018 through January 15,
2018 and paid on January 19, 2018:
Date Check Numbers Amount
1/19/2018 Checks 0
Voids and Reissues
1/19/2018 Advices 401423 - 402286 $1,972,206.57
$1,972,206.57
Approval of payment of the bills received through January 31, 2018 and paid on
January 31, 2018. The Operations Committee audited the payment of bills on
February 20, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
01/31/18 Wire Transfers 7391 - 7407 $2,351,315.25
01/31/18 Regular Checks 721181 – 721609 $6,612,719.53
01/31/18 Payment Plus 100731 - 100752 $91,418.17
Void Checks ($90.00)
01/31/18 Use Tax Payable $800.29
$9,056,163.24
Approval of checks issued for payroll for January 16, 2018 through January 31,
2018 and paid on February 5, 2018:
Date Check Numbers Amount
2/5/2018 Checks 0
Voids and Reissues
2/5/2018 Advices 402287 - 403167 $1,784,987.26
$1,784,987.26
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Agenda Item: Consent Calendar – 8C_
TO: City Council
DATE: March 6, 2018
SUBJECT: N. Harris Computer Corporation, iNovah Solution/Point-of-Sale System
– Authorize
SUMMARY: The point of sale (“POS”) system used by the City’s Finance and Police
Department is at its end of life and is no longer supported by the vendor (CLASS).
City staff surveyed potential replacement options and selected the iNovah solution,
manufactured by N. Harris Computer Corporation, as its preferred system due to its
open application programming interface, which allows the City to integrate the iNovah
solution with other systems. These agreements will allow for the replacement of the
current CLASS system and includes the core POS application, POS hardware, and
Europay Mastercard Visa (EMV) Chip Card Readers. The deployment will also include
an updated database platform and the potential for implementing Merchant Bankcard
Service Fees in the future. The iNovah solution also allows the City to come into full
Payment Card Industry (PCI) compliance.
On December 18, 2017, former Mayor Suzette Cooke issued a waiver under KCC
3.70.110(A)(3) authorizing the City to enter into direct negotiations with N. Harris
Computer Corporation for the iNovah solution. The City and N. Harris are still
negotiating the agreements’ final terms, but the substantive provisions will be as
provided for within the attached agreements.
EXHIBITS:
A. February 5, 2018 Memo to the Operations Committee
B. Memo to the Mayor Requesting Waiver of Competitive Bid Requirement
C. iNovah Pricing Overview
D. Software Implementation Services Agreement
E. Software License Agreement
F. Support and Maintenance Agreement
G. Vendor Matrix
RECOMMENDED BY: Operations Committee
YEA: Boyce, Troutner NAY:
Budget Impact: None
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
MOTION: Authorize the Mayor to sign the software license, implementation,
and support and maintenance agreements with N. Harris Computer
Corporation to replace the City’s existing point of sale system, subject to
final terms and conditions acceptable to the Information Technology
Director, and the City Attorney, in an amount not to exceed $300,000.
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INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington, Director
Phone: 253-856-4607
Fax: 253-856-4700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 5, 2018
TO: Operations Committee
FROM: Michael Carrington, Information Technology Director
SUBJECT: Finance/Police Department Point of Sale (POS) Replacement Project
MOTION:
Recommend Council to authorize the Mayor to sign software license,
implementation, and support and maintenance agreements with N. Harris
Computer Corporation to replace the City’s existing Point of Sale system,
subject to final terms and conditions acceptable to the Information Technology
Director, and the City Attorney, in a total amount not to exceed $300,000.
SUMMARY:
The point of sale (“POS”) system used by the City’s Finance and Police Department is at its
end of life and is no longer supported by the vendor (CLASS). City staff surveyed potential
replacement options and selected the iNovah solution, manufactured by N. Harris Computer
Corporation, as its preferred system due to its open application programming interface,
allowing the City to integrate the iNovah solution with other systems. These agreements
will allow for the replacement of the current CLASS system and includes the core POS
application, POS hardware, and Europay Mastercard Visa (EMV) Chip Card Readers. The
deployment will also include an updated database platform and the potential for
implementing Merchant Bankcard Service Fees in the future. The iNovah solution also allows
the City to come into full Payment Card Industry (PCI) compliance.
On December 18, 2017, former Mayor Suzette Cooke issued a waiver under KCC
3.70.110(A)(3) authorizing the City to enter into direct negotiations with N. Harris Computer
Corporation for the iNovah solution. The City and N. Harris are still negotiating the
agreements’ final terms, but the substantive provisions will be as provided for within the
attached agreements.
EXHIBITS:
A) Vendor License Agreement
B) Vendor Implementation Agreement
C) Vendor Support and Maintenance Agreement
D) Vendor Proposal
BUDGET IMPACT: Funding for this system was approved in the City’s 2017 -
2018 Capital Biennial Budget.
Item Price
Hardware $ 15,504.00
Software $ 97,500.00
Professional Services $ 108,000.00
Travel $ 16,000.00
Annual License Renewal $ 24,375.00
Subtotal $ 261,379.00
Tax $ 13,108
Total $ 274,487
KENT
CITY OF KENT
INFORMATION TECHNOLOGY
220 4th Avenue South
Kent, WA 98032
Fax: 253-856-4700
PHONE: 253-856-4600WASHtNGToN
Memo
to:
From:
CC:
Date:
Re:
The Finance and Police Departments are working with Information Technology to acquire a new
Point of Sale (POS) system to update and improve the City's ability to process receivables onsite
and over the internet. IT has evaluated the market and surveyed the potential vendors who offer a
POS system that meets the City needs. Based on this research, Information Technology believes
that iNovah is the vendor best situated to meet these needs. For that reason, Information
Technology respectfully requests that the Mayor find that competitive bidding, in this circumstance,
is not in the City's best interest or otherwise practicable, and authorize Information Technology to
enter direct negotiations with iNovah.
iNovah's products are preferred due to the demonstrated quality, reliability, and scalability of its
software program, ease of use by City Staff and residents, and the program's interoperability with
key systems within the City. The iNovah system will enable the completion of several other projects
that are dependent on a POS system with an open API (Application Programming Interface),
allowing the Utility Billing, B&O, Bankcard Service Fees; Licensing & Permitting and compliance
projects to be completed,
In addition, iNovah is the sole vendor that meets the entirety of IT and Finance's requirements,
For all these reasons, and after discussions with the city attorney, we feel that negotiation of a direct
purchase with iNovah meets the city's standards to waive competitive bidding for the new software
product because iNovah not only meets the requirements of the POS, but also the receipting
requirements of UB, B&O, Bankcard Service Fees, Licensing/Permitting and PCI (Payment Card
Industry) Compliance and it is otherwise not in the city's best interests to go out to bid in this
circumstance. See Kent City Code $ 3.70.110 (AX2) & (AX3).
Thank you very much for your time and consideration on this matter. If you concur with this
recommendation, please indicate your approval by signing below.
CITY
Mayor
Suzette Cooke, Mayor
Annette Pape, Project Manager/Business Analyst
Mike Carrington, Information Technology Director
December IB, 2077
Request for Waiver of competitive bid requirement for purchases under KCC 3.70,110(A) for
Finance and Police Department Point of Sale (POS) System
t*/2q/r z
//
Date:
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iNovah Pricing Overview for
the City of Kent, WA
10.30.2017
Connect with us: (800) 963-5000
sales@systeminnovators.com Document Title
Release Date and/or Version Number
1
iNovah Enterprise Revenue Management System (iNovah ERM)
We are pleased to provide the City of Kent this price quote for the replacement of
the City’s existing Payment Manager Cashiering with System Innovator’s iNovah
Enterprise Revenue Management (ERM) Solution which has been built specifically
for local governments. The pricing is based on our discovery and demonstration
with the City.
Software Licenses
iNovah ERM 100,000 receipt license $50,000.00
Kent Interface Bundle (Detail below) $47,500.00
Total Software $97,500.00
Annual Software Maintenance $24,375.00
Professional Services (600 hours) $108,000.00
Includes all services to implement iNovah ERM on site
within the City. City to provide all workstations and
servers.
Services include the following project phases:
1. Initiation, kick off and planning
2. Analysis and Design Services
3. Development and Configuration of iNovah and
Interfaces
4. Testing, integration, and functional testing
5. Deployment to production and go-live
6. Transition, go-live support and transition to
client services.
Cashiering Peripheral Hardware (per unit cost in $USD)
Canon CR-120 Check Scanner $895.00 (x8=$7160)
Connect with us: (800) 963-5000
sales@systeminnovators.com Document Title
Release Date and/or Version Number
2
TPG A776 Receipt Printers $600.00 (x8=$4800)
Honeywell Hyperion 1300 Bar Code Readers $175.00 (x8=$1400)
APG Cash drawers (if required) $268.00 (x8=$2144)
Total $15,504
Travel $16,000.00
Additional Optional Interfaces
JDE GL Validation $14,400
iCart for B&O Tax (online shopping cart) $40,000
The City may purchase peripherals from a third party or have us supply. We
would obtain quotes at the time of purchase if purchased through us.
The Kent Interface Bundle includes the following interfaces/modules:
1. Business and Occupation Tax - Web Services Real-Time integration
2. Utility Billing to DataNow (Harris Product) Real-Time stored procedures
3. Kiva Permitting - stored procedures (Kiva purchased by Accela), real-time inquiry,
batch update
4. JDE - GL Export
5. Elavon Simplify (if the City chose TR Multi option, costs could be less)
6. iNovah API (No Charge)
This quote is valid for 60 days from date of receipt.
Sincerely,
Don Schulte
Sr. Account Executive
Connect with us: (800) 963-5000
sales@systeminnovators.com Document Title
Release Date and/or Version Number
3
NOTICE: The data on the pages of this estimate identified by an asterisk (*) or marked along the margin
with a vertical line, contain information which are trade secrets and/or whose disclosure would cause
substantial injury to the System Innovators competitive position. System Innovator requests that such
data be used only for the evaluation of its estimate, but understands that disclosure will be limited to
the extent the City determines proper under federal, provincial, and local law.
Software $97,500 (including interface bundle) $107,250
Hardware $15,504 $17,054.40
Professional Services $108,000
Travel $16,000
Annual License Renewal $24,375 $26,182.50
Sub Total $261,379
Tax (10%) $13,108
Total $274,487
- 1 -
SOFTWARE IMPLEMENTATION SERVICES AGREEMENT
THIS SOFTWARE IMPLEMENTATION AGREEMENT made as of the ____ day of
________, _______ (“Effective Date”).
BETWEEN:
SYSTEM INNOVATORS, A DIVISION OF
N. HARRIS COMPUTER CORPORATION
(“Harris”)
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City of Kent, WA.
(“Organization”)
RECITALS
1. The Organization wishes retain Harris to perform certain software implementation services
as set out herein in respect of certain Harris software licensed by Organization pursuant to
a Software License Agreement entered into between the parties on the same date as the
Effective Date.
2. The Organization and Harris agree to enter into three (3) separate agreements each dealing
with a separate aspect of the software: a software license agreement and a support and
maintenance agreement each dated the same date as the Effective Date (the “Software
License Agreement” and “Support and Maintenance Agreement”, respectively), and
this Software Implementation Services Agreement.
NOW THEREFORE, in consideration of the mutual covenants set out in this Agreement
and for other good and valuable consideration (the receipt and sufficiency of which is hereby
acknowledged), the parties agree as follows:
ARTICLE I
INTERPRETATION
1.1 Definitions
Throughout this Agreement, except as otherwise expressly provided, the
following words and expressions shall have the following meanings:
(a) “Agreement” and similar expressions mean this Software Implementation
Services Agreement, including all of its Schedules and all instruments
supplementing, amending or confirming this Agreement. All references to
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“Articles” or “Sections” mean and refer to the specified Article or Section of this
Agreement except where a different agreement is explicitly identified.
(b) “Change Order” means any written documentation between the Organization and
Harris evidencing their agreement to change particular aspects of this Agreement.
(c) “Completion of Services” means that the Software is operational and performing
in conformity with the specifications set out herein and as set out in the acceptance
testing criteria in the Statement of Work, or from any additional requirements
resulting from the Design and Analysis Phase. Minor and/or inconsequential
deviation shall not constitute breach of the required specifications. For purposes of
this Agreement, Completion of Services will be deemed to have occurred on the
date on which the Organization commences using the Software in a production
environment.
(d) “Confidential Information” shall mean the Software and all information or
material that either party treats as confidential and any information relating to third
parties that a party has an obligation to treat as confidential, which is disclosed by
or obtained by a party in connection with this Agreement, whether such information
is in oral, written, graphic or electronic form, which: is (A) marked "Confidential,"
"Restricted," or "Proprietary Information" or other similar marking, (B) known by
the parties to be considered confidential or proprietary, or (C) which should be
known or understood to be confidential or proprietary by an individual exercising
reasonable commercial judgment in the circumstances. Confidential Information
does not include information to the extent that such information: (i) is or becomes
generally known to the public by any means other than a breach of the obligations
of a receiving party hereunder; (ii) was previously known to the receiving party as
evidenced by its written records; (iii) is rightly received by the receiving party from
a third party who is not under an obligation of confidentiality; (iv) is independently
developed by the receiving party without reference to or use of the other party's
Confidential Information which such independent development can be established
by evidence that would be acceptable to a court of competent jurisdiction.
Organization’s customers and their information is not considered to be Confidential
Information.
(e) “Designated Computer System” shall mean the Organization’s platform and
operating system environment which is specified in the Statement of Work for the
installation and operation of the Software.
(f) “Go-Live” means the event occurring when the Organization first uses the
Software as the Organization’s predominant Software.
(g) “Required Programs” has the meaning set out in Schedule “A” of the Software
License Agreement.
(h) “Statement of Work” means the statement of work appended hereto as Schedule
“A” delineating, among other things, the Services that will be provided by Harris
- 3 -
to Organization pursuant to this Agreement, as such schedule may be amended or
modified by mutual specific written agreement of the parties’ respective
representatives from time to time in accordance with the terms of this Agreement.
(i) “Services” has the meaning set out in Section 2.1 hereof.
(j) “Software” shall mean the Harris software products listed in Schedule “A”. The
term “Software” excludes any third party software except where this Agreement
explicitly states otherwise.
(k) “Third Party Software” shall mean the third party software product, if any, listed
in Schedule “A”.
(l) “Update” means a minor release of the Software which includes minor published
modifications or enhancements to the Software related to a bug fix, minor
additional functionality or legislative changes. An Update is designated by a
change in the right-most digit in the version number (for example, a change from
X.1 to X.2).
(m) “Upgrade” means a major overhaul of the Software which is a complete new
published version of the Software that modifies, revises or alters the Software and
adds features, functionality or enhancements to such Software. An Upgrade is
designated by a change in the number to the left of the decimal point in the version
number (for example, a change from 1.X to 2.X).
Terms not otherwise defined in this Agreement shall have the meaning attributed
to it in the Software License Agreement executed concurrently with this Agreement. Any
discrepancy between a defined term in this Agreement and one in the Software License
Agreement shall be resolved in favour of the definition in this Agreement, to the extent that there
is an inconsistency.
1.2 Schedules
The Schedules described below and appended to this Agreement are incorporated
by this reference and made a part of this Agreement.
Schedule “A” - Statement of Work
Schedule “B” - Fee Structure & Payment Schedule
Schedule “C” - Sample Form Change Order
In the event of any conflict or inconsistency between the terms and conditions in
the main body of this Agreement and the terms and conditions in any Schedule, the terms and
conditions of the main body of this Agreement shall control.
- 4 -
ARTICLE II
CONSULTING SERVICES
2.1 Harris’s Services
In order to achieve the Completion of Services, Harris agrees, subject to the terms
and conditions of this Agreement, to perform the following services (the “Services”) to the
reasonable satisfaction of the Organization and in accordance with the relevant Statement of Work:
(a) Oversee and implement the conversion from the Organization’s existing software
applications to Harris’s Software.
(b) Install the Software and perform necessary installation and configuration
operations.
(c) Provide training.
(i) Harris recommends a maximum of ten (10) people in each training
class for optimal training. In any training class exceeding ten (10) people,
Organization may be assessed an additional charge for additional
instructors.
(ii) Organization is required to make copies of the training manuals
required for the training classes either by photocopy or electronic
duplication each of which is subject to the restrictions and obligations
contained in this Agreement.
(iii) On-line reference documentation is delivered with each release.
Organization may print this documentation solely for its internal use.
(d) The Statement of Work describes in greater detail the Services to be provided by
Harris, the method by which the Services shall be performed, any acceptance
testing required by Organization, and other obligations on the part of the two
parties. Despite the foregoing, any warranties or representations on the part of
Harris in the Statement of Work are not binding on Harris and are merely provided
for information purposes; the only warranties provided by Harris in respect of the
Services and this Agreement are found in Article III .
2.2 Performance by Harris
(a) Harris’s Discretion -- Harris’ agrees that its services shall be performed timely, in
a professional manner, and in accordance with industry practices in effect at the
time those services are performed, by qualified personnel familiar with the software
and its operation. Harris shall not be responsible for any delays to the project
schedules as a result of the actions or omissions by Organization or any third
parties. Harris shall determine in its sole discretion the manner and means by which
the Services shall be performed, with due consideration of Organization’s concerns.
Organization acknowledges that Harris has expertise in providing the Services.
(b) In addition to any other duties provided for under this Agreement, Harris shall
manage the delivery, installation, and configuration of the system and the
- 5 -
performance of all services in connection therewith as described in, and in
conformance with, the attached and incorporated Schedule A, Statement of Work.
(c) Throughout implementation, Harris will promptly correct all defects to the extent
those defects originate from the acts or omissions of Harris’ Software, products,
personnel, or subcontractors. Harris agrees to notify the Organization in writing of
all material defects, whether discovered by other parties or by Harris, within 10
business days of their discovery and fix the problem within a commercially
reasonable time. If Harris is unable to fix the problem, then Harris shall provide a
work around acceptable to the Organization. A defect is considered material if it
has the potential to delay or inhibit the primary functionality of the Software or if
said defect has the potential to corrupt Organization data.
(d) Harris understands and agrees that its staff members in key roles will remain on
this project, that their level of involvement will not decrease beyond that proposed,
and they will not be reassigned or replaced by less proficient Harris staff through
implementation of the system. Any proposal by Harris for changes to, or
replacement or substitution of, key Harris staff for any reason throughout the
duration of the project must be submitted to the Organization for review and
approval. Approval shall not be unreasonably withheld. Key Harris staff for this
project have been identified as the persons performing the following roles: project
manager, technical lead, and end-user trainer.
(e) Conduct on Organization’s Premises -- The Services shall be performed with the
Organization’s full co-operation, on the premises of the Organization or, if agreed
to by both parties, at an alternative location. Harris agrees, while working on the
Organization’s premises, that Harris and its personnel shall observe the
Organization’s rules and policies, administrative codes, and ethics codes relating to
security thereof, access to or use of all or part of the Organization’s premises and
any of the Organization’s property, including proprietary and confidential
information, so long as Harris is provided with such rules, policies, and codes in
advance of Harris’s and its personnel’s attendance at Organization’s premises.
(f) Independence -- As an independent consultant, Organization retains Harris on an
independent contractor basis and not as an employee.
(g) Maintenance and Inspection -- Harris shall maintain complete and accurate records
with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Harris shall allow a representative of
Organization, no more than once in a calendar year, unless otherwise required by
law, during normal business hours and with adequate notice, to examine, audit, and
make transcripts or copies of such records and any other documents created,
pursuant to the Agreement. Harris shall allow inspection of all work, data,
documents, proceedings, and activities related to the agreement for a period of two
(2) years from the date of final payment under this Agreement unless Harris is
required to maintain such records pursuant to any law or regulation for a further
period of time, after which Harris shall be permitted to destroy all such information.
- 6 -
2.3 Performance by Organization
(a) Co-operation by Organization -- The Organization acknowledges that the success
and timeliness of the implementation process shall require the active participation
and collaboration of the Organization and its staff and agrees to act reasonably and
co-operate fully with Harris to achieve the Completion of Services.
(b) Required Programs and Hardware -- The Organization acknowledges that in order
for Harris to supply the Services that the Required Programs shall be installed and
operational prior to Harris beginning the Services. The Organization further
acknowledges that the operation of the Software requires the Organization’s
hardware to be of sufficient quality, condition and repair, and the Organization
agrees to maintain its hardware in the appropriate quality, condition and repair at
its sole cost and expense, in order to permit Harris to provide the Services. If the
Organization has not properly installed the Required Programs and/or the hardware
is of insufficient quality, condition and repair, Harris shall have the right to suspend
the Services and the related scheduled time frames until Organization complies with
the requirements of this Section 2.3(b) to Harris’s reasonable satisfaction.
(c) Project Manager -- The Organization shall appoint a project manager (the “Project
Manager”) who shall work closely with Harris to facilitate the successful
completion of the implementation process and who shall be responsible for
supervising the staff of the Organization and their co-operation with and
participation in such process. The Project Manager’s duties shall be delineated in
the Statement of Work.
(d) Compliance – The Organization shall comply with all applicable local, state,
federal, and foreign laws, treaties, regulations, and conventions in connection with
its use of the Software, including without limitation those related to privacy,
electronic communications and anti-spam legislation. Organization is responsible
for ensuring that its configuration and use of the Software to store or process credit
card data complies with applicable Payment Card Industry Data Security Standards
(“PCI DSS”) and The Fair and Accurate Credit Transactions Act (“FACTA”)
requirements and shall not store credit card and social security data in the system
except in the designated encrypted fields for such data.
(e) Additional Organization Obligations
(i) Organization shall install all Updates within a reasonable period of time of
Organization’s notification of their availability. However, any Update or
other fix or correction designated as “critical” by Harris shall be
implemented by Organization within thirty (30) days of notification to the
Organization by Harris of its availability.
(ii) Organization shall notify Harris of suspected defects in any of the Software
supplied by Harris. Organization shall provide, upon Harris’s request,
- 7 -
additional data deemed necessary or desirable by Harris to reproduce the
environment in which such defect occurred.
(iii) Organization shall allow the use of online diagnostics on the Software
supplied by Harris to Organization, if required by Harris during problem
diagnosis. Organization shall provide to Harris, at Organization’s expense,
access to the Designated Computer System via the Organization’s firewall
to communications software (e.g. PC Anywhere, WebEx, Web Demo).
(iv) Organization shall ensure that its personnel are, at relevant stages of the
project, educated and trained in the proper use of the Software in accordance
with applicable Harris manuals and instructions. If Organization’s
personnel are not properly trained as mutually determined by Harris and
Organization, acting reasonably, Organization agrees that such personnel
will be trained by Harris or Organization within fifteen (15) days of
determination. If Organization desires Harris to perform the required
training then Harris shall be compensated in accordance with this
Agreement.
(v) Organization is solely responsible for the ongoing backup of all data.
Organization shall establish proper backup procedures necessary to replace
critical Organizational data in the event of loss or damage to such data from
any cause. Organization acknowledges that Harris is not backing up any
data under this Agreement and that any loss of data as a result of the
Services is entirely an issue to be addressed by Organization and not Harris.
(vi) Organization shall provide Harris with access to qualified functional or
technical personnel to aid in diagnosis and to assist in repair of the Software
in the event of error, defect or malfunction.
(vii) Organization shall test the Software in accordance with the acceptance test
plan developed under Schedule A and shall Go-Live with the Software if,
after completing these tests, the Organization determines that the Software
conforms to the specifications provided for in Schedule A. At such time as
the Software complies with the acceptance criteria required for Completion
of Services, the Organization shall execute a form provided by Harris that
states that the Services have achieved Completion of Services status.
Acceptance shall not be unreasonably withheld. Until such time, the
Software will not be deemed to have achieved the acceptance criteria
associated with Completion of Services. For purposes of clarity, it is the
objective of the parties to achieve Completion of Services status within
__10 business_ days following Organization’s Go-Live.
(viii) Organization shall have the sole responsibility for:
(A) the performance of any tests it deems necessary prior to the use of
the Software;
- 8 -
(B) providing information to Harris in the event Organization disputes
that the Services have achieved either Go-Live and/or Completion
of Services. The information must be detailed enough to
specifically document what functionality that is described in the
Statement of Work has not been met, which acceptance tests’
failures demonstrated that such functionality was not met, and the
anticipated outcome from Organization regarding the acceptance
test that was performed. Once any disputed issues are resolved to
Organization’s reasonable satisfaction, Organization shall be
presented the applicable form again and shall execute such form
within ten (10) days.
(C) assuring proper Designated Computer System installation,
configuration, verification, audit controls and operating methods;
(D) implementing proper procedures to assure the accuracy of any input
and the reviewing of output, and implementing procedures to restart
the Designated Computer System for recovery in the event of
malfunction/error;
(E) timely upgrade and keeping current all third party releases and/or
software/hardware products and related license rights to meet the
requirements of the Software; and
(F) maintaining proper configuration settings of the Software to ensure
use of the Software in compliance with applicable laws, including
performing re-validation of configuration settings following the
installation of any Updates or Upgrades.
ARTICLE III
REPRESENTATIONS AND WARRANTIES
Harris makes the following representations and warranties concerning the products and services
provided under this Agreement:
3.1 Service Warranty
Harris represents and warrants that all services shall be provided in a timely manner in
accordance with Schedule A, Statement of Work, with a reasonable standard of care, in a
workmanlike and professional manner, and consistent with generally accepted industry standards.
Each of Harris’ representatives and agents assigned to perform services under this Agreement shall
be fully qualified, experienced, and technically trained, and shall perform the services in a
reasonably cost-efficient manner.
- 9 -
3.2 No Other Warranties
TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE LIMITED
WARRANTY PROVIDED IN SECTION 3.1, THE SERVICES ARE PROVIDED TO THE
ORGANIZATION “AS IS” AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR
CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE,
OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE,
REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED
HEREUNDER OR IN CONNECTION HEREWITH.
HARRIS, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED
WARRANTIES OR CONDITIONS REGARDING THE SERVICES, SOFTWARE AND
MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY,
MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
OR NON-INFRINGEMENT.
HARRIS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES SHALL
MEET ANY OR ALL OF THE ORGANIZATION’S PARTICULAR REQUIREMENTS, OR
THAT ALL ERRORS OR DEFECTS IN THE SOFTWARE CAN BE FOUND OR
CORRECTED.
NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES
SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN
WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF HARRIS.
ARTICLE IV
FEES AND PAYMENTS
4.1 Fees and Payments
(a) The Organization agrees to pay Harris total fees as delineated in Schedule “B” in
total compensation for all implementation services provided by Harris. The fee
structure, payment schedule and pricing for Hardware is outlined in the attached
Schedule “B”. Organization may purchase the Hardware through Harris. No
warranties or liability shall be provided or incurred by Harris for the Hardware.
Organization shall be entitled to the manufacturer’s warranties. The fees set out in
this Agreement are exclusive of taxes. Organization agrees to pay all foreign,
federal, state, provincial, county or local income taxes, value added taxes, use,
personal, property, sales and any other taxes, tariff, duty or similar charges that may
be levied by a taxing authority (excluding taxes on Harris’ net income).
(b) As approved by the Organization in advance, the Organization shall reimburse
Harris for (1) its direct travel expenses including, but not limited to hotel, airfare,
car rental, tolls, parking and airline and travel agent fees; (2) a travel time rate of
$75.00 per hour; (3) a per diem rate of $70.00 for week days and a $125.00 for
- 10 -
weekends and statutory holidays that includes all meal, food and
telecommunications expenses (no receipts will be provided); (4) a mileage charge
based on the current Internal Revenue Service recommended rate per mile; and (5)
all other reasonable expenses incurred in the performance of Harris's duties
including courier services and documentation copying or production. These costs
are excluded from the total fee amount described in Section 4.1 (a), but to be
reimbursable, these costs must be expressly approved by the Organization in
advance of Harris having incurred them. These fees and rates and those expenses
that are reimbursable are specific to the first Statement of Work agreed to by the
parties and thereafter the rates, fees, and applicable expenses shall be set separately
for each then applicable Statement of Work as negotiated by the parties.
(c) During the term of this Agreement, and in accordance with the project milestones
provided for by Schedule B, Harris shall deliver invoices to Organization.
(d) Each invoice delivered to Organization by Harris, and undisputed by Organization,
shall be due and payable upon receipt thereof by Organization. The Organization
shall notify Harris of any disputed amount within twenty (20) business days of
receipt of the applicable invoice. Harris will delay the imposition of interest or other
penalties under the parties have resolved the disputed invoice.
(e) In the event Organization fails to pay all or any portion of an invoice on or before
thirty (30) days after the date it becomes due, in addition to all other remedies Harris
has under this Agreement or otherwise, Harris shall have the option to suspend or
terminate all Services under this Agreement. Suspension or termination of any such
Services shall not relieve the Organization of its obligation to pay its outstanding
invoices and other ongoing fees, including any applicable late charges. Where the
Services are suspended, all related scheduled time frames shall be suspended and
extended as necessary.
(f) Any fees based on a fixed price agreement are provided based on the Statement of
Work in existence as of the Effective Date. Any delays that result from
Organization’s actions, inaction, or requests for modifications – whether
incorporated into a Change Order or not – will affect the basis on which Harris
provided the fixed price; and as such, Harris reserves the right to charge for
additional time and expenses where the duration of the Statement of Work is
extended as a result of Organization’s actions, inaction, or requests for
modifications.
4.2 Change Orders
With respect to any proposed changes to the Services defined by this Agreement,
the parties will cooperate in good faith to execute Change Orders in respect thereof, and will not
unreasonably withhold approval of such proposed changes. If either party causes or requests a
change that, in the reasonable opinion of the other party, materially impacts the scope of the parties'
work effort required under this Agreement, such as, but not limited to, changes in the allocation of
the resources of the Organization and of Harris applied to a task, changes in completion schedules
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for individual tasks or for overall implementation, and changes in staffing that require a party to
provide additional work hours, the other party may propose a change to cover the additional work
effort required of it. Approval of any such proposed changes will not be unreasonably withheld
(it being acknowledged that any such material changes may require modifications to the
consideration paid, and timelines governing, the Services), and any disputes regarding changes
shall be handled initially by discussions between the parties which will be convened in good faith
by the parties to resolve any such matters in dispute. A sample change order is presented in
Schedule “C”.
ARTICLE V
REMEDIES AND LIABILITY
5.1 Remedies and Liability
(a) Termination of this Agreement shall not affect any right of action of either party
arising from anything which was done or not done, as the case may be, prior to the
termination taking effect.
(b) Harris shall indemnify, defend and save harmless Organization, its officers,
officials, employees and agents, from and against any and all losses, liabilities,
damages, costs, assessments, expenses (including, without limitation, interest,
penalties, fines, expert fees and reasonable attorneys’ fees), incurred in connection
with any and all third-party causes of action, claims, demands, actions, suits,
proceedings, settlements and judgments (collectively, “Claims”) which
Organization may incur or suffer or be put to by reason of or in connection with or
arising directly or indirectly from any negligent acts or omissions of Harris, or any
wrongful act or willful misconduct of Harris, its officers, employees, agents or
subcontractors which relates to this Agreement, however arising. This indemnity
is only effective where (i) Organization has provided reasonably prompt notice of
the claim, action or demand to Harris; (ii) Organization has not made any
admissions of liability or settlement offers either prior to or after providing notice
to Harris of the applicable claim except with Harris’s prior written consent, except
to the extent required by applicable law, (iii) Harris has sole control of the defense
of any claim or proceeding and all negotiations for its compromise or settlement;
(iv) Organization provides reasonable assistance to Harris, at Harris’s expense
throughout the action or proceeding; (v) Organization may, at Organization’s sole
cost and expense, retain counsel of its own choosing who shall be permitted to
attend settlement conferences and hearings or other court appearances and hearings
(except where the court has specifically ordered otherwise) related to the
proceeding; and (vi) where Organization requires independent counsel due to a
conflict of interest between Harris and Organization, such counsel shall be provided
at Harris’s sole cost and expense.
The Organization's inspection or acceptance of any of Harris’ work when
completed shall not be grounds to avoid any of these covenants of indemnification.
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The provisions of this section shall survive the expiration or termination of this
Agreement.
(c) The Organization and Harris recognize that circumstances may arise entitling the
Organization to damages for breach or other fault on the part of Harris arising from
this Agreement. The parties agree that in all such circumstances the Organization’s
remedies and Harris’s liabilities will be limited as set forth below and that these
provisions will survive notwithstanding the termination or other discharge of the
obligations of the parties under this Agreement.
(i) BOTH PARTIES AGREE THAT, EXCEPT FOR DAMAGES ARISING
OUT OF (i) DAMAGE TO TANGIBLE PROPERTY (ii) INJURY OR
DEATH TO PERSONS, OR (iii) INTENTIONAL
MISREPRESENTAITON, GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, TO THE GREATEST EXTENT PERMITTED BY
APPLICABLE LAW, THE AGGREGATE LIABILITY OF HARRIS, ITS
AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES AND SHAREHOLDERS AND
ORGANIZATION’S EXCLUSIVE REMEDY WITH RESPECT TO THE
SERVICES AND ANY OTHER PRODUCTS, MATERIALS OR
SERVICES SUPPLIED BY HARRIS IN CONNECTION WITH THIS
AGREEMENT FOR DAMAGES FOR ANY CAUSE AND
REGARDLESS OF THE CAUSE OF ACTION, SHALL NOT EXCEED,
IN THE AGGREGATE, THE FEES PAID BY ORGANIZATION TO
HARRIS PURSUANT TO THE RELEVANT STATEMENT OF WORK.
(ii) IN ADDITION TO THE FOREGOING, TO THE GREATEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HARRIS,
ITS AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES AND SHAREHOLDERS BE LIABLE TO
ORGANIZATION FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR AGGRAVATED
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION
FOR LOSS OF REVENUE, LOSS OF PROFITS, FAILURE TO REALIZE
EXPECTED SAVINGS, COSTS OF SUBSTITUTE GOODS OR
SERVICES, LOSS OF DATA, OR LOSS OF BUSINESS
OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT.
(iii) CLAUSES (a) AND (b) SHALL APPLY IN RESPECT OF ANY CLAIM,
DEMAND, ACTION, OR PROCEEDING HOWSOEVER ARISING BY
A PARTY, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF
ACTION UNDERLYING SUCH CLAIM, DEMAND, ACTION, OR
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PROCEEDING INCLUDING, BUT NOT LIMITED TO, BREACH OF
CONTRACT, RESCISSION OF CONTRACT (INCLUDING
FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE),
BREACH OF TRUST, OR BREACH OF FIDUCIARY DUTY, EVEN IF
HARRIS HAS BEEN ADVISED OF THE LIKELIHOOD OF THE
OCCURRENCE OF SUCH DAMAGES OR SUCH LOSS OR DAMAGE
IS FORSEEABLE AND NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
(d) Harris shall procure and maintain for the duration of the Agreement, insurance of
the types and in the amounts described in Exhibit ____ attached and incorporated
by this reference.
5.2 Allocation of Risk
The parties agree that the limited warranties, disclaimers and limitation of liability
as set out in in this Agreement are fundamental elements of the basis of bargain between Harris
and Organization and set forth an allocation of risk reflected in the fees and payments hereunder.
5.3 Remedies
Where remedies are expressly afforded by this Agreement, such remedies are
intended by the parties to be the sole and exclusive remedies of the Organization for liabilities of
Harris arising out of or in connection with this Agreement, notwithstanding any remedy otherwise
available at law or in equity.
ARTICLE VI
GENERAL
6.1 Force Majeure
Except for Organization’s failure to make any payments owing under this
Agreement when due, neither party shall be liable for delay or failure in performance resulting
from acts beyond the control of such party including, but not limited to, acts of God, acts of war
or of the public enemy, riots, fire, flood, or other natural disaster, acts of government, strike,
walkout, communication line or power failure, failure in operability or destruction of the
Organization’s computer, or failure or inoperability of any software other than the Software. Any
applicable delivery schedule shall be extended by a period of time equal to the time lost because
of any such delay.
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6.2 Confidentiality
The parties each acknowledge that each party may receive Confidential Information
from the other party or otherwise in connection with this Agreement. Each of the parties agree:
(i) this Section 6.2 applies to records prepared, owned, used, or retained by the
Organization that contain Confidential Information only to the extent that such
provision is consistent with the Public Records Act, Chapter 42.56 of the Revised
Code of Washington (“RCW”);
(ii) if Harris has identified any record as containing Confidential Information, the
Organization will: (a) use its best efforts to give Harris notice of a public records
request or subpoena that seeks such Confidential Information, and (b) provide
Harris a reasonable time period under the circumstances to obtain an injunction to
enjoin the Organization from disclosing the requested Confidential Information to
the party who has requested it. Regardless of any other provision in this Agreement
to the contrary, the Organization will not assert on Harris’ behalf any exemption on
the basis of the record’s confidential or proprietary nature. Harris agrees to hold the
City harmless from any damages, claims, or attorneys’ fees that may be incurred
by or assessed against the City and related to Harris’ pursuit of an injunction to
enjoin the City’s disclosure of the requested record or information;
(iii) except as otherwise provided for in this Agreement, to maintain the Confidential
Information of the other party in confidence and to take all reasonable steps, which
shall be no less than those steps it takes to protect its own confidential and
proprietary information, to protect the Confidential Information of the other party
from unauthorized use, disclosure, copying or publication;
(iv) not to use the Confidential Information of the other party other than in the course
of exercising its rights or performing its obligations under this Agreement;
(v) except as otherwise provided above, not to disclose or release such Confidential
Information except to the extent required by application law or during the courses
of or in connection with any litigation, arbitration or other proceeding based upon
or in connection with the subject matter of this Agreement, provided that the
receiving party shall first give reasonable notice to the disclosing party prior to such
disclosure so that the disclosing party may obtain a protective order or equivalent
and provided that the receiving party shall comply with any such protective order
or equivalent;
(vi) not to disclose or release the Confidential Information to any third person without
the prior written consent of the disclosing party, except for authorized employees
or agents of the receiving party who have a need to know such information for the
purpose of performance under this Agreement and exercising its rights under this
Agreement, and who are bound by confidentiality obligations at least as protective
of the disclosing party’s Confidential Information as this Agreement; and
- 15 -
(vii) to take all appropriate action, whether by instruction, agreement or otherwise, to
ensure that employees and third persons under the direction or control or in any
contractual privacy with the receiving party, who have access to Confidential
Information do not disclose or use, directly or indirectly, the Confidential
Information for any purpose other than for performing obligations or exercising
rights of the receiving party under this Agreement, without first obtaining the
written consent of the disclosing party.
6.3 Cancellation and Termination
(a) Cancellation of any on-site Services by Organization is allowed for any reason if
done in writing more than fourteen (14) days in advance of such Services.
Organization will be billed for any non-recoverable direct costs incurred by Harris
that result from a cancellation by Organization with fourteen (14) days or less of
scheduled on-site Services. Additionally, Organization hereby acknowledges that
cancellation of on-site Services means that such on-site Services will be
rescheduled as Harris’s then current schedule permits. Harris is not responsible for
any delay in Organization’s project resulting from Organization’s cancellation of
Services. If upon Harris arrival, the Organization is not adequately prepared or has
not completed the assigned tasks for such visit by Harris, then the Organization will
be billed 100% of the on-site fee and scheduled on-site Services can be cancelled
by Harris. If additional Services are required because the Organization was not
adequately prepared, Harris will provide a Change Order to the Organization for
the additional Services.
(b) This Agreement shall commence on the Effective Date and shall expire upon the
Completion of Services. The parties may at any time revive this Agreement upon
mutual written agreement so that it may be used in relation to a new Statement of
Work.
(c) If Harris should neglect to perform the Services properly or otherwise fail to comply
with the requirements of this Agreement, the Organization must notify Harris in
writing of such default (a “Default Notice”). Upon receipt of a Default Notice,
Harris must either correct the default at no additional cost to the Organization, or
issue a written notice of its own disputing the alleged default, in either case within
thirty (30) days immediately following receipt of a Default Notice. If Harris fails
to (i) issue a notice disputing the alleged default within such thirty (30) day period;
or (ii) correct the default within ninety (90) days following receipt of the Default
Notice, effective upon written notice to Harris the Organization may terminate the
whole of this Agreement or the applicable Statement of Work and in such case the
Organization will be responsible for payment to Harris of only that part of the fee
earned by Harris for those Services performed up to the time of communication of
such notice of termination to Harris.
(d) If the Organization should fail to comply with its obligations under this Agreement,
Harris must notify the Organization in writing of such default (a “Default Notice”).
Upon receipt of a Default Notice, the Organization must correct the default at no
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additional cost to Harris, or issue a written notice of its own disputing the alleged
default, in either case within thirty (30) days immediately following receipt of a
Default Notice. If the Organization fails to (i) issue a notice disputing the alleged
default within such thirty (30) day period; or (ii) correct the default within ninety
(90) days following receipt of the Default Notice, Harris may terminate the whole
of this Agreement effective upon written notice to Organization and in such case
the Organization will be responsible for payment to Harris of only that part of the
fee earned by Harris for that part of the Services performed in accordance with this
Agreement up to the time of communication of such notice of termination to the
Organization.
(e) If Organization has failed to pay the fees or other amounts due in accordance with
Article 4.2 then Harris shall have the right to terminate this Agreement effective
immediately upon written notice to Organization to that effect.
(f) Notwithstanding any other provision of this Agreement, if the Organization
breaches (i) any intellectual property right of Harris; or (ii) its confidentiality
obligations under Section 6.2, then Harris shall have the right to terminate this
Agreement effective immediately upon written notice to Organization to that effect
and the license rights granted herein shall immediately terminate.
(g) Either party may terminate this Agreement effective immediately upon written
notice to the other party if the other party: (i) becomes insolvent; (ii) becomes the
subject of any proceeding under any bankruptcy, insolvency or liquidation law,
whether domestic or foreign, and whether voluntary or involuntary, which is not
resolved favourably to the subject party within ninety (90) days of commencement
thereof; or (iii) becomes subject to property seizure under court order, court
injunction or other court order which has a material adverse effect on its ability to
perform hereunder.
(h) The termination of this Agreement prior to the Completion of Services shall result
in the concurrent termination of the Support and Maintenance Agreement and of
the Software License Agreement. The termination or expiration of this Agreement
following the Completion of Services shall not affect the rights of either party in
either the Support or Maintenance Agreement or the Software License Agreement.
This Agreement shall automatically terminate in the event that the Software License
Agreement or the Support and Maintenance Agreement is terminated or expires.
Resolution of DisputesIf the parties are unable to settle any dispute, difference, or claim arising
from the parties’ performance of this Agreement, the exclusive means of resolving that dispute,
difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing
to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees
incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any
other recovery or award provided by law; provided, however, nothing in this paragraph shall be
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construed to limit the Organizations right to indemnification under Section 5.1(b) of this
Agreement.
6.4 Addresses for Notice
Any notice required or permitted to be given to any party to this Agreement shall
be given in writing and shall be delivered personally, mailed by prepaid registered post or sent by
facsimile to the appropriate address or facsimile number set out below. Any such notice shall be
conclusively deemed to have been given and received on the day on which it is delivered or
transmitted (or on the next succeeding business day if delivered or received by facsimile after 5:00
p.m. local time on the date of delivery or receipt, or if delivered or received by facsimile on a day
other than a business day), if personally delivered or sent by facsimile or, if mailed, on the third
business day following the date of mailing, and addressed, in the case of Harris, to:
N. HARRIS COMPUTER CORPORATION
1 Antares Drive, Suite 400
Ottawa, Ontario K2E 8C4
Attention: CEO
Telephone: 613-226-5511, extension 2149
and in the case of the Organization, to:
XXX
XXX
XXX, XX, XXXXX
Attention: XXX
Telephone: XX-XXX-XXXX
Each party may change its particulars respecting notice, by issuing notice to the
other party in the manner described in this Section 6.5.
6.5 Assignment
Neither party may assign any of its rights or duties under this Agreement without
the prior written consent of the other party, such consent not to be unreasonably withheld, except
that either party may assign to a successor entity in the event of its dissolution, acquisition, sale of
substantially all of its assets, merger or other change in legal status. The Agreement shall inure to
the benefit of and be binding upon the parties to this Agreement and their respective successors
and permitted assigns.
6.6 Reorganizations
The Organization acknowledges that where a “Reorganization” occurs as that term
is defined in the Software License Agreement, the same provisions related thereto shall apply to
this Agreement. The application of a Reorganization may result in a change in the fees provided
for in these provisions.
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6.7 Entire Agreement
This Agreement shall constitute the entire agreement between the parties hereto with
respect to the matters covered herein. No other understandings, agreements, representations,
warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf
of Harris by any of its employees or agents, or contained in any sales materials or brochures, shall
be deemed to bind the parties hereto with respect to the subject matter hereof. Organization
acknowledges that it is entering into this Agreement solely on the basis of the representations
contained herein. However, the parties agree that two other agreements are being entered into
concurrently with this Agreement which are in addition to any of the third party agreements
detailed herein. These two other agreements are the Support and Maintenance Agreement and the
Software License Agreement, each of which are separate agreements and are binding in their own
right and upon their own terms. The terms of this Agreement may not be changed except by an
amendment signed by an authorized representative of each party. No provisions in any purchase
orders, or in any other documentation employed by or on behalf of the Organization in connection
with this Agreement, regardless of the date of such documentation, will affect the terms of this
Agreement, even if such document is accepted by Harris, with such provisions being deemed
deleted.
6.8 Section Headings
Section and other headings in this Agreement are for reference purposes only, and are in
no way intended to describe, interpret, define or limit the scope or extent of any provision hereof.
6.9 Governing Law
This Agreement shall be governed by and construed by the laws of the State of Washington.
This Agreement excludes the Uniform Commercial Code and the United Nations Convention on
Contracts for the International Sale of Goods (UNCCISG and any legislation implementing such
Convention), if otherwise applicable.
6.10 Trial by Jury
Organization and Harris hereby waive, to the fullest extent permitted by applicable
law, the right to trial by jury in any action, proceeding or counterclaim filed by any party, whether
in contract, tort or otherwise, relating directly or indirectly to this Agreement or any acts or
omissions of Harris in connection therewith or contemplated thereby.
6.11 Attorneys’ Fees
Subject to the indemnification provisions set forth in this Agreement, if any action or suit is
brought with respect to a matter or matters covered by this Agreement, each party shall be
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responsible for all of its own costs and expenses incident to such proceedings, including reasonable
attorneys' fees and costs.
6.12 Public Records Act
Harris acknowledges that the Organization is a public agency subject to the Public Records Act
codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and
other records prepared or gathered by Harris, and used by the Organization, may be subject to
public review and disclosure, even if those records are not produced to or possessed by the
Organization. As such, Harris agrees to cooperate fully with the Organization in satisfying the
Organization’s duties and obligations under the Public Records Act.
6.13 Invalidity
The invalidity or unenforceability of any provision or covenant contained in this
Agreement shall not affect the validity or enforceability of any other provision or covenant herein
contained and any such invalid provision or covenant shall be deemed modified to the extent
necessary in order to render such provision valid and enforceable; if such provision may not be so
saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect.
6.14 Waiver
No waiver of any breach of any provision of this Agreement shall constitute a
waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof,
and no waiver shall be effective unless made in writing and signed by an authorized representative
of the waiving party.
6.15 Counterparts
This Agreement may be executed in counterparts (whether by facsimile or PDF
signature or otherwise), each of which when so executed shall constitute an original and all of
which together shall constitute one and the same instrument.
6.16 Survival
Article 1, Section 3.2, Section 4.1 and Articles V and VI and any other provisions
which are required to ensure that the parties fully exercise their rights and obligations hereunder
shall survive the termination and/or expiration of this Agreement.
6.17 Competitive Bid
Organization has conducted a competitive evaluation and has concluded such
efforts with this negotiated Agreement (including any addenda hereto); therefore, this Agreement
may serve as the basis for similar agreements whereby other entities may contract separately with
Harris. Organization agrees that Harris may disclose all or any portion of this Agreement to any
of its current or prospective customers.
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6.18 Further Assurances
The parties shall do all such things and provide all such reasonable assurances as
may be required to consummate the transactions contemplated hereby, and each party shall provide
such further documents or instruments required by any other party as may be reasonably necessary
or desirable to effect the purposes of this Agreement and carry out its provisions.
6.19 Currency
All amounts specified in this Agreement shall be in United States currency.
6.20 Relationship
The parties are and shall at all times remain, independent contractors in the
performance of this Agreement and nothing herein shall be deemed to create a joint venture,
partnership or agency relationship between the parties. Neither party will have the power to bind
the other party or to contract in the name of or create any liability against the other party in any
way for any purpose. Neither party will be responsible for the acts or defaults of the other party
or of those for whom the other party is in law responsible.
IN WITNESS WHEREOF the parties hereto have duly executed this Software Implementation
Services Agreement to be effective as of the Effective Date first written above.
N. HARRIS COMPUTER CORPORATION
Per:
Name:
Title:
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[ORGANIZATION]
Per:
Name:
Title:
Schedule “A”
Statement of Work
This Statement of Work (“SOW”) is subject to all terms and conditions of the “SOFTWARE
IMPLEMENTATION SERVICES AGREEMENT” (the “Agreement”) between Organization
(“Customer”), and Harris, with an Effective Date of MM/DD/YYYY. The parties have entered
into the Agreement for the provision of certain services and deliverables to Customer. All terms
of the Agreement are incorporated herein by this reference. In the event of a conflict, the terms of
the Agreement control over the terms of this SOW.
The Customer has requested the following professional services to implement iNovah®. Harris
will use its extensive cashiering experience, Customer knowledge and industry expertise to
facilitate the implementation and delivery of software and services for the Customer as defined
within this SOW. Harris, will work closely with the Customer to manage the SOW and ensure
success of the overall project.
The Services described in this SOW are based on a list of documented assumptions which have a
direct correlation to project scope and duration. Changes to project scope and/or duration
effectively alter this SOW and will be processed in accordance with the Project Change Control
(“PCR”) procedure as described herein.
Project Scope
The following table represents a summary of the Software and Services “(Project Scope)” to be delivered
by Harris, as part of the Agreement and this SOW.
Software Module Description Assumption
iNovah Software Modules
1 iNovah ERM 100,000 Receipts Base Software Version
iNovah Integrations
Interface Module(s)
Business and Occupation Tax - Web Services Real-Time
integration
Utility Billing to DataNow (Harris Product) Realtime stored
procedures
Kiva Permitting - stored procedures (Kiva purchased by
Accela), real-time inquiry, batch update?
JDE - GL Export
Elavon Simplify
iNovah API
Additional Modules
Professional Services In Scope (1) Delivery Approach
Consulting, Development, and Training
Business Process & Technical
Assessment
☒ Yes
☐ No
Select one:
☐ Onsite Support
☐ Delivered Remotely
☒ Combination of Onsite and Remote
Base iNovah Software Installation
and Database Configuration
☒ Yes
☐ No
Always Delivered Remotely
iNovah System Administration
Training and Configuration
Workshop
☒ Yes
☐ No
Always Delivered at the Customer’s Site
Development of iNovah Integrations
☒ Yes
☐ No
Always Delivered Remotely
Unit and System Testing
☒ Yes
☐ No
Select one:
☐ Onsite Support
☐ Delivered Remotely
☒ Combination of Onsite and Remote
End User Training
(Cashier/Supervisor)
☒ Yes
☐ No
Always Delivered at Customer’s Site as either
(select one)
☐ Harris Lead Training
☒ Customer Lead Training (i.e. Train-the-Trainer)
Onsite Production Turnover/Go-Live
Support
☒ Yes
☐ No
Select one:
☒ Onsite Support
☐ Delivered Remotely
(1) Project Deliverables and Activities are only applicable for “In Scope – Yes” Professional Services.
Project Overview
Harris will provide cashiering software (“iNovah”) to the Customer for the collection of payments. Harris
will also provide project management, consulting, configuration, development, software installation,
training, and go-live support services as defined in SOW.
Timeline
Harris will work closely with the Customer to manage the SOW and ensure success of the overall project.
Harris expects the planning, design, development, testing, training, and go-live phases to take
approximately 180 days based on the following assumptions and the use of best practices established
through similar implementations.
Sample iNovah Project Timeline
Assumptions
The following assumptions have been made for this project:
1. The following Customer resources will be available to work on this project:
• Executive sponsor
• Project Manager – minimum of 50% of time allocated to iNovah project
• Payment processing subject matter expert
• Host system subject matter expert
• iNovah administrator
• Network administrator
2. A high-speed remote VPN connection to iNovah is available for testing and production
support.
3. The Customer is responsible for providing servers, workstations and third party software
that meet the system requirements per Schedule “A” of the Software License Agreement.
4. The Customer is responsible for the configuration of servers, workstations, networks and
third party software.
5. Harris staff will be provided with workspace for up to two people when performing onsite
services. The workspace will be equipped with a connection and access rights to the
Customer’s network.
6. Harris staff will have console access to iNovah servers when performing services onsite.
7. The Customer will provide the services described in this SOW in a timely fashion to allow
Harris to meet agreed upon schedules.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
Project Phase Activity
Initiate Kick-off and Planning
Assessment Workshop
Base iNovah Installation in Test
System Configuration and Admin Training
Functional and Technical Specification Creation
Requirements Sign-Off
Develop Interface Development
iNovah User Acceptance Testing
iNovah Acceptance
End User Training
Production Cutover
Transition iNovah Go-Live & Post Go-Live Support
Indicates onsite activity with Customer Resources
Indicates a Key Milestone requiring Customer Agreement to move forward
Week
Analyze
& Design
Test
Deploy
8. To enable an interface to iNovah, the Customer or Customer’s vendor will provide an
application programming interface (API) to all applications to be interfaced.
9. The Customer is responsible for working with the Customer’s Staff and/or the Customer’s
Vendor to provide Harris the latest versions of technical documentation / specifications,
testing material, and resources.
10. The Customer will provide a test and production environment for iNovah. Note: An
additional QA/training environment is recommended for larger projects.
Harris Deliverables
Based on Project Scope, Harris will provide the following standard products and services:
Phase Deliverable Description
Initiate Project Kick-Off Initial meeting to introduce project team
members, objectives, and next steps
Analyze and
Design
iNovah Project Plan Final iNovah Project Implementation plan
Assessment Workshop Meeting at Customer facilities to identify
business requirements
Functional and Integration
Specifications
Documented requirements for iNovah
configuration and integration development
iNovah Installation in Test
Environment
Latest iNovah software version, without
modifications, in a test environment at
Customer facilities
Configuration Workshop Harris lead Configuration Workshop for up to
(8) Customer representatives (subject matter
experts and iNovah administrators.)
System Administration Training Harris lead System Administration class for up
to eight (8) Customer representatives (iNovah
administrators.).
Develop iNovah Integrations Delivery of in scope iNovah Integrations per
specifications
Deploy iNovah End-User Training End-user training for iNovah users per Project
Scope section of this SOW
Transition Production Support Production support at iNovah production go-live
Project Phase Activities
Based on Project Scope, Harris’ and the Customer will responsible for completing the following activities.
Activity
Service Responsibility
Harris The
Customer Shared
All Phases
Overall Project Management X
Overall Change Management X
Managing all Harris personnel assigned to the project X
Managing all Customer’s personnel assigned to the project X
Managing Customer’s Vendor resources; including escalation X
Coordinating schedule changes with the Harris Project Manager X
Managing the project schedule and reporting variances X
Managing the activities assigned to Customer in this SOW X
Coordinating and participating in project related calls and meetings X
Providing weekly progress reports to the Customer Project Manager X
Reviewing and providing feedback on weekly progress reports X X
Coordinating delivery of all Hardware and Software X
Initiate Phase
Finalize Harris resource plan and delivery resources X
Finalize the Customer’s resource plan and delivery resources X
Coordinate the project kick-off meeting X
Define project governance structure and align implementation
methodology X
Share Customer’s Project Plan, if applicable. (i.e. iNovah rollout in
conjunction with EPR deployment) X
Create the iNovah Project Plan X
Develop and Publish Assessment Agenda X
Conduct Kick-off Meeting X
Schedule resources and manage logistics for Assessment Workshop per
agreed upon schedule X
Peripheral hardware, identified in the Agreement, delivered to
Customer’s facilities X
Provision VPN access to Test Environments X
Analyze & Design Phase
Lead workshops to gather design decisions X
Attend workshops with appropriate resources with authority to make
design decisions X
Ensure appropriate Customer representation in workshops X
Make key design decision decisions around process and configuration X
Documenting configuration requirements in functional specifications X
Documenting recommendations for site preparation and infrastructure
changes X
Coordinating delivery of all hardware and software with the Customer X
Verifying acceptance of all delivered products and services X
Coordinating the delivery of all Software warranty services and
Hardware Support Services X
Provide VPN access to the production system for access by Harris (if
allowed) X
Coordinating the collection of information for tailoring, customization
and configuration requirements X
Provide documented Acceptance Test Plan X
Reviewing an Acceptance Test Plan provided by the Customer X
Provide the business process and technical requirements for iNovah
solution X
Develop Phase
Conduct System Administration class at the Customer’s facility X
Attendance of Customer’s representatives to the System Training class X
Conduct System Configuration Workshop class at the Customer’s
facility X
Attendance of Customer’s representatives to the System Configuration
Workshop class X
Provide printed copies of reference or training materials X
Modify software routines within iNovah to handle input devices
included in the functional specifications X
Modify software routines within iNovah to call interface routines
included in the technical specifications X
Input all parameters in iNovah maintenance tables and configuration
files required to create the configuration included in the Functional
Specification
X
Provide technical specifications for each type of callable XML based
Web Services X
Aid in design of callable Web Service(s) to retrieve and post the
Customer’s account information from XML based documents supplied
by the Customer to support two-way interfaces
X
Design and code other custom features for iNovah as defined in the
functional and technical specifications X
Design and code callable interface API to retrieve the Customer’s
account information from existing applications X
Design and code callable interface to support post payment information
to the Customer’s accounts for batch interfaces X
Test Phase
Install all Customer provided hardware and software for testing and
verify that the environment is working properly X
Work with the Customer to install iNovah at the Customer’s facility for
acceptance testing X
Verify that all Hardware and Software is properly installed at the
Customer’s facility and ready for acceptance testing X
Unit test each modification to iNovah X
Perform system tests on the delivered version of iNovah to ensure that
the system performs standard functions as expected and meets all
requirements included in the functional and technical specifications
X
Coordinate testing activities with the Customer’s personnel and third
party contractors/vendors X
Perform all tests documented in the Acceptance Test Plan X
Assist the Customer in performing the Acceptance Test Plan X
Document and manage any deficiencies found during the acceptance
tests X
Maintain issues list for all iNovah defects reported during the testing
phase X
Review the results of acceptance testing and correct documented
deficiencies X
Retest corrected defects X
Acceptance of delivery of iNovah X
Deploy Phase
Coordinating training activities with the Customer’s personnel, third
party contractors X
Conduct End User Training as defined in Project Scope section of this
SOW X
Provide All training materials and documentation on electronic media X
Provide a training room (appropriate for number of installed and
networked personal computers) with access to test or training servers X
Provide a computer projector and screen for training classes X
Any required iNovah peripheral hardware for training classes X
Providing desktop training for all cashiers and other users that do not
have experience with the recommended Windows operating system or
Internet Explorer computer applications prior to Harris arrival
X
Ensure attendance of cashiers and supervisors during the end user
training class X
Ensure end users participation in practice the exercises X
Provide printed copies of reference or training materials X
Update the functional and technical specifications (if required) to reflect
all modifications to requirements, configuration, and schedule as agreed
via the PCR Process
X
Finalize the production roll out schedule X
Install all required network cabling, hardware and software X
Define remote support process for Harris Client Services Team. X
Verify that VPN access to the production system works properly (if
provided) X
Ensure that all site preparations are completed X
Install all computer hardware and software for the production X
Verify that all hardware, software and networks are working properly X
Assist the Customer in troubleshooting installation problems related to
installing iNovah in production environment X
Establish production user names and password on iNovah X
Ensure that all staff members are appropriately trained X
Verify acceptance of first production use of iNovah X
Provide deployment support as defined in Project Scope section of this
SOW X
Assist the Customer in monitoring the performance of iNovah and
identifying any deficiencies X
Provide trained supervisors to assist new users with iNovah X
Transition Phase
Transition the Customer’s project to Harris Client Services Team X
Document any problems that occur and provide information on any
deficiencies in iNovah to Harris Client Services X
Request acceptance of ‘Live’ status of iNovah once the System has been
in production at any location for 30 days X
Provide acceptance of the ‘Live’ status of iNovah once the System has
been in production at any location for 30 days X
Hardware and Software Installation
Provide recommendations for server hardware, personal computers, and
network settings to the Customer X
Deliver peripheral hardware, identified in the Agreement, to the
Customer’s facilities X
Coordinate installation services with the Customer’s personnel, third
party contractors X
Provide assistance with installation of provided peripheral hardware on
personal computers in testing environment at the Customer’s Facilities X
At least two (2) servers (virtual or physical) per environment, meeting
the hardware prerequisites provided by Harris X
Personal computers, for all cashiering and supervisory workstations,
meeting the hardware prerequisites provided by Harris. X
Computer network connectivity between all personal computers, servers
and other computers where interfaced applications reside X
Backup plan for all Harris products and databases X
Universal Power Supply (UPS) equipment for the computer servers X
Installation and maintenance of all the Customer’s provided hardware X
iNovah delivered to the Customer’s facilities X
Installation of iNovah on servers and iNovah Client on one (1)
workstation in the Customer’s Test Environment X
Installation of third party Software, provided by Harris, on servers
and/or personal computers in the test environment at the Customer’s
facilities
X
Microsoft operating system software for all servers and personal
computers per recommendations. X
Microsoft SQL Server software per recommendations for the database
server X
Computer network software supporting IP communications between all
personal computers, servers and other computers where interfaced
applications reside
X
Backup software for the computer servers X
Virus protection software for all computer servers and personal
computers X
Installation and maintenance of all the Customer’s provided software X
Production environment software installation X
Project Governance
Project Management Structure
Adhering to a formal project management structure is an essential component of a successful
implementation, with reciprocal communication being the most fundamental element of the governance
process.
Harris recommends a Project Structure that empowers the Core Project Team with the responsibility of
conducting daily project operations, allows Executive Sponsors the ability to monitor overall project
progress through scheduled reviews, as well, as providing a resolution path for impasses or decisions that
have the potential to affect the implementation timeline and/or scope.
Recommended Project Management Structure
Steering Committee
The Steering Committee is the top escalation point for the project and performs the following functions:
• Provides a controlling mechanism for overall project progress and Change Orders
• Meets during project kick-off and at defined intervals during Implementation
Members include:
• The Customer’s Executive Sponsors
• Executive Sponsors at Harris
• Project Managers (as needed)
(i) Contract Level
The person or persons responsible for the contract side on the Customer side performs the
following functions:
• Owns the project Change Order process
• Manages any contract aspect of the project
Members include:
• Harris Vice President of Professional Services or Vice President of Sales
• Responsible Commercial/Relationship owner at the Customer
(ii) Core Project Team
Harris and Customer Core Project Teams are responsible for successfully delivering the project per the
SOW and perform the following functions:
• Participates in all project phases
• Ensures that the delivered solution meets internal stakeholder expectations
• Responsible for communication and expectation management with project stakeholders
Members include:
• Full program and delivery teams
The Customer’s Project Manager will review the progress reports created by the Harris Project Manager
and provide feedback to resolve issues and changes.
Project Change Control
A defined process for controlling scope issues and change requests must be in place and followed to help
ensure that proper visibility is given to change requests and any associated approvals required.
Items that modify the scope of work will be reviewed by the Harris Project Manager to determine if there
is an impact to the cost or timelines for this project. Out of scope services will be charged as outlined in
Rate Card listed within the “Agreement”. Any change must be documented in a mutually executed Project
Change Request (PCR) Work Order.
The following change control procedure shall apply to this SOW:
1. Project Resource(s) identify new or change in requirements and escalate to the respective Project
Manager.
2. Harris and Customer’s Project Managers work together to gather required information to
determine if a Change Order is required.
3. Project Managers determine if a Change Order is valid
a. If no, Project Resources will be informed and the change management process ends.
b. If yes, Harris Project Manager will facilitate the creation of the Change Order and
promptly provide it to the Customer’s Project Manager.
4. Customer Project Manager will review the proposed Change Order, with appropriate Customer
resources, for content and completeness, and accuracy.
5. If proposed Change Order requires changes, Customer’s Project Manager and Harris Project
Manager will collaborate to consider necessary modifications.
6. Change Orders must be reviewed and approved by the Contract Level of the Project Steering
Team.
7. If approved by Project Steering Team, the appropriate authorized Customer signatory may sign
the Change Order; provided that notwithstanding anything to the contrary in this SOW, no
Change Order shall bind Customer unless approved expressly and in writing by the authorized
Customer signatory or his/her designee.
8. The Customer Project Manager will inform the Harris Project Manager and process required
paperwork for any executed Change Order.
9. The Customer Project Manager and Harris Project Manager will perform administrative project
tasks associated to the project and inform the Project Resources accordingly.
Schedule “B”
Fee Structure and Payment Schedule
The total fees payable under this Software Implementation Services Agreement shall not exceed
$108,000.00, which amount excludes any costs that may be authorized in accordance with
Section 4.1 of the Agreement. Implementation services will be paid in accordance with
milestone payments as provided below, which schedule reflects the Organization implementing
all interface and additional modules listed under the Project Scope. Milestone payments will be
adjusted accordingly for modules not selected during the project stage.
Professional Services Rate Card
Professional Services Rates Hourly Rate
Project Manager $220.00
Developer $220.00
Business Analyst $180.00
Trainer $180.00
DBA / System Engineer $180.00
Implementation Services Payment Schedule under this Agreement
50% of Project Initiation Phase Due Upon Start $5,400.00
50% of Project Initiation Phase Due Upon Complete $5,400.00
50% of Analyze and Design Phase Initiation Due Upon Start $13,500.00
50% of Analyze and Design Phase Initiation Due Upon Complete $13,500.00
50% of Develop Phase Initiation Due Upon Start $21,600.00
50% of Develop Phase Initiation Due Upon Complete $21,600.00
50% of Test Phase Initiation Due Upon Start $8,100.00
50% of Test Phase Initiation Due Upon Complete $8,100.00
50% of Deploy Phase Initiation Due Upon Start $2,700.00
50% of Deploy Phase Initiation Due Upon Complete $2,700.00
50% of Transition Phase Initiation Due Upon Start $2,700.00
50% of Transition Phase Initiation Due Upon Complete $2,700.00
Travel and Lodging – 8 trips @ $2000 per trip (billed as incurred) $16,000.00
Total $124,000.00
Hardware Fees
Milestone Description Value QTY Total
Cognitive/TPG A776 USB/Serial Receipt/Slip/
Printer(4) Black no MICR
$560.00 8 $4,480.00
Canon CR-120 Imager with OCR and Barcode $895.00 8 $7,160.00
APG Cash Drawer with till and locking cover(6) $258.00 8 $2,064.00
APG Cash Drawer Interface Cable $10.00 8 $80.00
Tax 10% 1 $137.84
Freight F.O.B. Origin (estimate) N/C N/C
Total Hardware $13,921.84
Schedule “C”
Sample Form Change Order
Change Order
(a) Contact & General Information
Client Date
Client
Contact
Software
Applicati
on
Client Email
(b)
(c) Description of Work
Attachments:
(d) Client Approval
000 $0.00
Chargeable Hours Rate Amount
000 000
Non-Chargeable Hours Total Hours
Client Signature Date
Your signature serves as an acceptance of the “Amount” listed above as it relates to the
description of work contained in this Change Order. Your signature also indicates you have
reviewed and agree to the scope of work as detailed in any accompanying enclosures or
attachments. This signed document indicates that you have provided all of the accurate
information necessary to produce the work as stated in the above Change Order.
(e) Internal Use Only
Customer
#
Application
#
Originated by
#
PO# 00000
00
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SOFTWARE LICENSE AGREEMENT
THIS SOFTWARE LICENSE AGREEMENT made as of the ____ day of ________,
_______ (“Effective Date”).
BETWEEN:
SYSTEM INNOVATORS, A DIVISION OF
N. HARRIS COMPUTER CORPORATION
(“Harris”)
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City of Kent, WA
(“Organization”)
RECITALS
1. Harris wishes to grant the Organization a license to utilize the Software;
2. The Organization wishes to acquire a license to utilize the Software.
3. The Organization and Harris agree to enter into three (3) separate agreements each dealing
with a separate aspect of the Software: this Software License Agreement, a support and
maintenance agreement (the “Support and Maintenance Agreement”) and a software
implementation services agreement (the “Software Implementation Services
Agreement”), each dated the same date as the Effective Date.
NOW THEREFORE, in consideration of the mutual covenants set out in this Agreement
and for other good and valuable consideration (the receipt and sufficiency of which is hereby
acknowledged), the parties agree as follows:
Article I.
INTERPRETATION
Section 1.01 Definitions
Throughout this Agreement, except as otherwise expressly provided, the
following words and expressions shall have the following meanings:
(a) “Agreement” and similar expressions mean this Software License Agreement, including
all of its Schedules and all instruments supplementing, amending or confirming this
Agreement. All references to “Articles” or “Sections” mean and refer to the specified
Article or Section of this Agreement except where a different agreement is explicitly
identified.
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(b) “Annual Receipt Volume” means the total number of Receipts paid for by Organization
for the current Annual Support Term.
(c) “Annual Support Term” means the annual term of maintenance and support services as
set out in the Support and Maintenance Agreement.
(d) “Completion of Services” shall have the definition ascribed to it in the Software
Implementation Services Agreement.
(e) “Confidential Information” means the Software and all information or material that
either party treats as confidential and any information relating to third parties that a party
has an obligation to treat as confidential, which is disclosed by or obtained by a party in
connection with this Agreement, whether such information is in oral, written, graphic or
electronic form, which: is (A) marked "Confidential," "Restricted," or "Proprietary
Information" or other similar marking, (B) known by the parties to be considered
confidential or proprietary, or (C) which should be known or understood to be confidential
or proprietary by an individual exercising reasonable commercial judgment in the
circumstances. Confidential Information does not include information to the extent that
such information: (i) is or becomes generally known to the public by any means other than
a breach of the obligations of a receiving party hereunder; (ii) was previously known to the
receiving party as evidenced by its written records; (iii) is rightly received by the receiving
party from a third party who is not under an obligation of confidentiality; (iv) is
independently developed by the receiving party without reference to or use of the other
party's Confidential Information which such independent development can be established
by evidence that would be acceptable to a court of competent jurisdiction. Organization’s
customers and their information is not considered to be Confidential Information.
(f) “Designated Computer System” shall mean one (1) production environment, up to three
(3) test environments (non-production), and up to one (1) of each of the following
additional non-production environments: disaster recovery, disaster testing, archival, and
backup (each of which may only be accessed for the related purposes and for only so long
as the related purpose requires) owned or controlled by the Organization.
(g) “Documentation” means user guides, operating manuals, educational materials, product
descriptions and specifications, technical manuals, supporting materials, and other
information regarding the Software regardless of the media on which it is provided.
(h) “End User” means a customer of Organization to whom Organization will provide access
to the interface portion of the Software and whose use of the Software is for its own account
and not for another commercial purpose.
(i) “License” means the license rights granted to the Organization pursuant to Section 2.01
hereof.
(j) “Receipt(s)” means each bill or invoice issued by Organization that has been paid by a
customer of Organization and is recorded or stored in the Software during the Annual
Support Term.
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(k) “Release” means an Update and an Upgrade.
(l) “Required Programs” and “Required Hardware” have the meaning set out in Section
3.03.
(m) “Site” means solely at the production environment described in Schedule “A” and at an
unlimited number of non-production environments.
(n) “Software” means the software products that are listed in Schedule “A” and includes any
Update(s) or Upgrade(s) that have been provided to Organization pursuant to the Support
and Maintenance Agreement that has been entered into between Harris and the
Organization. Third Party Software is not included in the definition of Software except
where this Agreement explicitly states otherwise.
(o) “Subcontractor” means a third party with which Harris has an agreement to provide
certain Services related to its resale of Third Party Software. The Subcontractors as of the
Effective Date are those listed in subsection 4.4 of the Software Implementation Services
Agreement.
(p) “System Software” means third party software that is provided by a third party and which
is provided to Organization on hardware as further described in Schedule “D”.
(q) “Third Party Software” means the third party software product that is provided by
Subcontractor as delineated in Schedule “C”. All licenses related to Third Party Software
shall be between Organization and the Third Party Software licensor even though Harris
may invoice and collect the licensing fees on the Subcontractor’s and Third Party Software
licensor’s behalf. Future Releases of the Software may require alternate third party
software to be licensed by Organization, which will be subject to a third party license
agreement between Organization and the relevant third party software licensor. In such
case Schedule “C” shall be amended in accordance with Section 6.08 to add any such third
party software and it shall be deemed “Third Party Software” for the purposes of this
Agreement.
(r) “Update” means any published changes, additions or corrections to the Software that
primarily include a minor modification or enhancement to the Software related to a bug
fix, minor additional functionality or legislative changes. An Update is designated by a
change in the right-most digit in the version number (for example, a change from X.1 to
X.2).
(s) “Upgrade” means a major overhaul of the Software which is a complete new published
version of the Software that modifies, revises or alters the Software and adds features,
functionality or enhancements to such Software. An Upgrade is designated by a change in
the number to the left of the decimal point in the version number (for example, a change
from 1.X to 2.X.
(t) “User” means any employee of Organization or any of Organization’s agents who have
been authorized by Organization, in advance of the agents’ access to the Software, pursuant
to the terms of this Agreement to have access to the Software.
- 4 -
Section 1.02 Currency
Unless otherwise specified, all references to amounts of money in this Agreement
and the related Schedules refer to U.S. currency.
Section 1.03 Schedules
The Schedules described below and appended to this Agreement shall be deemed
to be integral parts of this Agreement.
Schedule “A” - Description of Software
Schedule “B” - License Fees & Payment Schedule
Schedule “C” - Third Party Software License and Third Party Software Terms
Schedule “D” - System Software
In the event of any conflict or inconsistency between the terms and conditions in
the main body of this Agreement and the terms and conditions in any Schedule, the terms and
conditions of the main body of this Agreement shall control unless otherwise expressly stated in
the provision giving rise to the conflict or inconsistency.
Article II.
SOFTWARE LICENSES
Section 2.01 Grant of Licenses
(a) Subject to the terms and conditions of this Agreement including without limitation the
payment of the License Fees (as defined in Section 4.01) and all applicable fees under the
Support and Maintenance Agreement, Harris hereby grants to the Organization a personal,
non-exclusive, non-transferable and limited right and license to:
(i) use the Documentation and the Software in object code format on the Designated
Computer System at the Site solely for the Annual Receipt Volume solely for the purposes
set out in Section 2.01(b).
(ii) copy: (A) the Software for use at the Site on the Designated Computer System, access to
which by Users can be from any computer terminal, whether internal to or external to
Organization’s facility incorporating the Designated Computer System; and (B) the
Documentation, provided that Organization must reproduce any copyright or other notice
marked on any part of the Software and Documentation on all authorized copies and must
not alter or remove any such copyright or other notice. To the extent that any temporary
files associated with the Software are created on any computer terminal used by Users to
access the Designated Computer System, those temporary files are permitted but only for
such time that the temporary files are actually required. Organization agrees that the
original copy of all Software furnished by Harris and all copies thereof made by
Organization are, and at all times remain, the sole property of Harris.
(b) The Organization may: (i) use the Software solely for its municipal and corporate purposes
including, but not limited to, performing testing, disaster recovery, disaster testing,
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training, archival and backup as the Organization deems necessary, and (ii) modify the
Documentation solely for the purpose of creating and using training materials relating to
the Software, which training materials may include flow diagrams, system operation
schematics, and/or screen prints from operation of the Software. Access to and use of the
Software by independent contractors of the Organization shall be considered authorized
use under this Section so long as such independent contractors are bound by obligations of
confidentiality at least as protective of Harris’ Confidential Information, and terms and
conditions at least as protective of Harris’ rights in and to the Software, as the terms and
conditions of this Agreement. The Organization shall be responsible for (i) all of the
actions of and (ii) any misuse of the Software by any independent contractor.
(c) The license rights granted in this Section 2.01 do not include the right to use any Third
Party Software.
(d) The license rights granted in this Section 2.01 is subject to the Organization continuing to
have the Support and Maintenance Agreement in effect and having paid all Support Fees
as required under the Support and Maintenance Agreement.
Section 2.02 Term
This Agreement commences on the Effective Date and shall continue to be in force unless
terminated pursuant to the terms hereof (the “Term”).
Section 2.03 Restrictions on Use
(a) Without limiting the generality of Section 2.01 and in addition to the other restrictions
listed therein, Organization shall not, and will not allow, direct or authorize (directly or
indirectly) any third party to: (i) use the Software for any purpose other than in connection
with Organization’s primary business or operations; (ii) disassemble, de-compile, reverse
engineer, defeat license encryption mechanisms, or translate any part of the Software, or
otherwise attempt to reconstruct or discover the source code of the Software except and
only to the extent that applicable law expressly permits, despite this limitation; (iii) modify
or create derivate works of the Software or merge all or any part of the Software with
another program; (iv) rent, lease, lend, distribute, transfer, assign or use the Software for
timesharing or bureau use or to publish or host the Software for others to use; or (v) take
any actions that would cause the Software to become subject to any open source or quasi-
open source license agreement.
(b) The Organization shall comply with all applicable local, state, federal, and foreign laws,
treaties, regulations, and conventions in connection with its configuration and use of the
Software, including without limitation those related to privacy, electronic communications
and anti-spam legislation. Organization is solely responsible for ensuring that its
configuration and use of the Software to store or process credit card data complies with
applicable Payment Card Industry Data Security Standards (“PCI DSS”) and The Fair and
Accurate Credit Transactions Act (“FACTA”) requirements and shall not store credit card
and social security data in the system except in the designated encrypted fields for such
data. Organization is solely responsible for re-validating the configuration settings used
- 6 -
with the Software following the installation of any Updates or Upgrades prior to using such
Update or Upgrade in a production environment.
Section 2.04 Ownership of Software
(a) The Software and related materials supplied by Harris are protected by copyright and
trademark laws. The Software is licensed and may not be resold by Organization. Any
rights not expressly granted herein are reserved. Organization may not obscure, remove or
otherwise alter any copyright, trademark or other proprietary notices from the Software
and related materials supplied by Harris.
(b) Organization acknowledges and agrees that Harris is and shall remain the sole and
exclusive owner of the Software, including without limitation any and all proprietary rights
under (a) patent law; (b) copyright law; (c) trade-mark law; (e) design patent or industrial
design law; or (d) any other statutory provision or common law principle applicable to this
Agreement, including trade secret law, which may provide a right in either ideas, formulae,
algorithms, concepts, inventions or know-how generally, or the expression or use of such
ideas, formulae, algorithms, concepts, inventions or know-how. Organization shall report
to Harris any infringement or misappropriation of Harris’ rights in the Software of which
Organization becomes aware.
(c) In order to assist Harris with the protection of its proprietary information and Confidential
Information and to enable Harris to ensure that the Organization is complying with its
obligations (including those related to volume of generated receipts by Organization in
terms of calculating the License fee), Organization shall permit Harris to:
(i) visit during normal business hours any premises at which the Software is
used or installed and shall provide Harris with access to its Software with
reasonable notice and no more than once in any twelve (12) month period, unless
the Organization has been found during a previous audit to not have adhered to the
License obligations in this Article II or to have reported an up to date volume of
generated receipts. Harris shall provide Organization with reasonable notice of any
such audit;
(ii) remotely connect with the Designated Computer System and obtain data
that either permits Harris to determine the volume of receipts generated using the
Software or whether Organization is complying with the terms of the License and
otherwise perform telemetry to determine Organization’s compliance with the
terms of this Agreement; and
(iii) to obtain aggregate data for Harris’s internal use or for Software and other
product enhancements.
As a partial consideration for the license and net fees charged to Organization,
Organization agrees that, upon execution of the Agreement, Organization will – upon
Harris’s request - participate in a joint release with Harris regarding the Agreement which
shall not be released prior to obtaining written approval from Organization as to the content
of that joint release; and thereafter, Organization will allow Harris to use it as a reference
- 7 -
account for marketing purposes, including (i) allowing Harris to reference Organization on
its reference account customer lists in print and on its website; (ii) providing quotes for
Harris’s press releases and website, subject to Organization's prior review and approval of
text; and (iii) participating in one phone interview for the development of a webinar.
Section 2.05 Third Party Software
(a) Harris shall distribute to Organization the Third Party Software which is described as Third
Party Software in Schedule “C” and which may also be referenced as being “Purchased
Software” throughout the schedules. Organization shall pay Harris for the Third Party
Software in the amount of the purchase price(s) listed on Schedule “B”. Harris and/or the
Third Party Software manufacturer(s) will provide Organization with one copy of the then
current user documentation for use with the Third Party Software.
(b) It is acknowledged by the parties hereto that the Third Party Software provided by Harris
to Organization pursuant to this Agreement was developed and delivered to Harris by one
or more third party software companies. As such, the Third Party Software is licensed to
Organization by the applicable licensor listed in Schedule “A” and subject to the terms and
conditions of the applicable license agreement for such Third Party Software. Harris makes
no warranties, express or implied, with respect to the Third Party Software, including,
without limitation, their merchantability or fitness for a particular purpose and Harris
accepts no liability of any kind whatsoever with respect to the Third Party Software. Any
warranty Organization has with respect to the Third Party Software shall be solely provided
by the Third Party Software licensor except where this Agreement may expressly state
otherwise.
(c) Organization acknowledges that its interest in the Third Party Software shall be in the
nature of a license or sublicense with one or more of the Third Party Software licensors
which may: (i) require Organization to enter into one or more separate end user license
agreements with such Third Party Software licensors, and/or (ii) place restrictions on
Organization’s use of the Third Party Software. Concurrently with the execution of this
Agreement, the Organization shall execute the end user license agreements for the Third
Party Software attached hereto as Schedule “C”. The Organization acknowledges that all
remedies available to the Organization in relation to the Third Party Software are provided
only by the Third Party Software licensor in the end user license agreement.
The parties agree that although the Support and Maintenance Agreement may contain estimated
prices for the annual maintenance of the Third Party Software, any maintenance of the Third Party
Software shall be provided solely by the Third Party Software licensors through separate
agreements between Organization and such Third Party Software licensors. In no event shall
Harris be responsible for such Third Party Software maintenance except where the Third Party
Software license may expressly state otherwise.
Section 2.06 System Software
(a) This Section 2.06 shall only be applicable in the event any System Software is listed on
Schedule “D” and/or is included with the purchase of any hardware.
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(b) Harris shall distribute to Organization the System Software, and Organization shall pay
Harris for the System Software in the amount of the purchase price(s) listed on Schedule
“B” and/or which may be included in the purchase price of the hardware. Upon delivery
of the System Software to Organization, Harris shall invoice Organization for the System
Software (unless the price of the System Software is included in the price of the hardware),
and Organization shall pay for the same within thirty (30) days. Delivery of the System
Software shall be deemed to have occurred: (i) on the date for which Harris delivers
hardware to Organization with the System Software installed thereon, F.O.B. point of
destination, provided that Organization shall pay the shipping charges, or (ii) the date on
which Harris installs the System Software on Organization’s hardware. Harris and/or the
System Software manufacturer(s) will provide Organization with one copy of the then
current user documentation for use with the System Software.
(c) Except as otherwise provided in this Agreement, Organization shall be responsible for the
installation of the System Software at Organization’s location. If Organization desires
Harris to perform any installation which is not described in this Agreement, Harris and
Organization shall follow the procedures set forth in this Agreement.
(d) It is acknowledged by the parties hereto that the System Software provided by Harris to
Organization pursuant to this Agreement was developed and delivered to Harris by one or
more third party software companies. As such, Harris makes no warranties, express or
implied, with respect to the System Software, including, without limitation, their
merchantability or fitness for a particular purpose. Any warranty Organization has with
respect to the System Software shall be solely provided by the third party software
companies. Additionally, Organization acknowledges that its interest in the System
Software may be in the nature of a license with one or more of the third party software
companies which may: (i) require Organization to enter into one or more separate license
agreements with such third party software companies, and/or (ii) place restrictions on
Organization’s use of the System Software.
(e) The parties agree that although this Agreement may contain estimated prices for the annual
maintenance of the System Software, any maintenance of the System Software shall be
provided solely by the third party software companies through separate agreements
between Organization and such third party software companies. In no event shall Harris
be responsible for such System Software maintenance.
Article III.
REPRESENTATIONS AND WARRANTIES
Section 3.01 Warranties. Harris makes the following representations and warranties concerning
the Software provided under this Agreement:
(a) Virus Warranty. Harris warrants that at the time of delivery of the Software, the
Software does not contain any malicious code, program, or other internal component (e.g.,
computer virus, computer worm, computer time bomb, or similar component) that could damage,
destroy, or alter any computer program, firmware, or hardware or which could in any manner,
reveal, damage, destroy, or alter any data or other information accessed through or processed by
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the software product(s) or other products in any manner. Harris shall promptlyadvise the
Organization, in writing, upon reasonable suspicion or actual knowledge that the software
product(s) or other products may result in the harm described above.
(b) Compatibility and Maintenance Warranty. Harris represents and warrants that,
at the time of Completion of Service, the Software is compatible with Organization’s computing
environment, including without limitation, database software, network, and platforms, including
the interface modules identified in the Statement of Work.
(c) Performance Warranty. For a period equal to one hundred eighty (180) days
following Completion of Services (as that term is defined in the Software Implementation Services
Agreement) date, Harris warrants to Organization that the Software will substantially perform as
described in the Software Implementation Services Agreement (which for the purposes of this
Section shall include the Functional Requirements in the Statement of Work), if the Software is
used in accordance with the Documentation, the terms of this Agreement, and where the
Organization has used the Required Programs and the Required Hardware and properly configured
the Software. The Organization’s sole remedy in the event the Software does not conform to the
Documentation is the repair and replacement of the Software.
(d) Warranty of Authority. Harris warrants that it has the full right, authority, and
power to enter into this Agreement.
Section 3.02 Exclusions to Warranty
Harris shall not be liable for any breach of the foregoing warranties which results
from causes beyond the reasonable control of Harris, including:
(a) where the installation, configuration, integration, modification or enhancement of the
Software has not been carried out by Harris or its authorized agent, or where Organization
has taken any action which is expressly prohibited by the Documentation or this
Agreement;
(b) any use or combination of the Software with any software, equipment or services not
supplied by or on behalf of Harris;
(c) user error, or other use of the Software in a manner or in an operating environment for
which it was not intended or other than as permitted in the relevant scope of work or in this
Agreement;
(d) Organization’s failure to install a new Update which has been released to remedy an error
or bug, and which Harris has stated to Organization is a required Update necessary for
security purposes or for legislative compliance purposes or other reasons as Harris may
determine is important in its sole discretion; or
(e) Organization’s failure to perform a re-validation of configuration settings following the
installation of an Update before using the Update in a production environment.
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Section 3.03 No Other Warranties
EXCEPT AS EXPRESSLY STATED IN SECTION 3.01, TO THE GREATEST
EXTENT PERMITTED BY LAW, THE SOFTWARE IS LICENSED AND PROVIDED TO
THE ORGANIZATION “AS IS” AND THERE ARE NO WARRANTIES,
REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL,
ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF
TRADE OR OTHERWISE, REGARDING THE SOFTWARE PROVIDED HEREUNDER.
HARRIS, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED
WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE PROVIDED
HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
HARRIS DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE SHALL
OPERATE ERROR FREE, THAT IT SHALL MEET ANY OR ALL OF THE
ORGANIZATION’S PARTICULAR REQUIREMENTS, OR THAT ALL ERRORS OR
DEFECTS IN THE SOFTWARE CAN BE FOUND OR CORRECTED.
NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES
SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN
WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF HARRIS.
Subject to the requirements of Section 3.01, Harris reserves the right to correct any defects
about which it is made aware and to produce Releases at a time of Harris’s own choosing and at
Harris’s discretion.
Section 3.04 Required Programs and Hardware
(a) The Organization acknowledges that the use of the Software requires that the Organization
obtain and install additional required software programs (the “Required Programs”), as
detailed in the attached Schedule “A”. The Organization agrees that the acquisition of the
Required Programs shall be at its sole cost and that the cost thereof is not included in the
fees herein, including for any future updates about which Organization is provided with
commercially reasonable advance notice.
(b) The Organization acknowledges that the use of the Software requires the that the
Organization have at minimum the hardware as may be referenced by Harris programs (the
“Required Hardware”) as detailed in the attached Schedule “A”. Organization’s
hardware must also be of sufficient quality, condition and repair, and the Organization
agrees to maintain its hardware in the appropriate quality, condition and repair at its sole
cost and expense, in order to facilitate the achievement of the proper installation and
implementation of the Software in accordance the Software Implementation Services
Agreement; Upgrades about which Organization is provided with commercially reasonable
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advance notice; and the general use of the Software by Organization. If Harris determines
that Organization’s hardware is not of sufficient quality, condition and repair, Harris shall
notify Organization in writing of the hardware deficiencies. Organization will strive to
remedy any hardware deficiencies within 30 days of notification. In no event shall Harris
be responsible for such hardware maintenance, except as contracted for in writing with the
Organization.
Article IV.
FEES AND PAYMENTS
Section 4.01 Fees and Payments
(a) The Organization agrees to pay Harris the total license fees detailed in Schedule “B” (the
“License Fees”) in accordance with the payment schedule set out in Schedule “B”. The
License Fees and any other fees set out in this Agreement are exclusive of taxes.
Organization agrees to pay all foreign, federal, state, provincial, county or local income
taxes, value added taxes, use, personal, property, sales and any other taxes, tariff, duty or
similar charges that may be levied by a taxing authority (excluding taxes on Harris’ net
income).
(b) The License fee is based on the total number of Receipts in each calendar year (or with
respect to the first year, the pro-rated amount). Where the Organization generates Receipts
in any subsequent calendar year that exceeds the Annual Receipt Volume, the Organization
shall inform Harris of such additional number of Receipts (or pursuant to Harris’s audit
rights under Section 2.04(c), based on the number of Receipts determined by Harris) and
thereafter Harris shall invoice for the then current year (and any applicable previous year)
the additional License fee applicable to such additional Receipts.
(c) Except for any aspect of the License fee which is payable on the Effective Date, during the
Term Organization shall have thirty (30) days after the date outlined in the payment
schedule in Schedule “B” to pay Harris the applicable License Fee (or part thereof).
Section 4.02 Additional License Fee
(a) Despite the information provided in Schedule “B” to this Agreement, whenever Harris has
the right to invoice Organization for additional License Fees based on the total number of
Receipts, the new License Fee will be based on Harris’s then current License Fees for that
applicable volume of Receipts.
(b) The License Fee cannot be decreased even where the volume of Receipts decreases.
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Article V.
REMEDIES, LIABILITY AND INDEMNITY
Section 5.01 Remedies and Liability
(a) Termination of this Agreement shall not affect any right of action of either party arising
from anything which was done or not done, as the case may be, prior to the termination
taking effect.
(b) The Organization and Harris recognize that circumstances may arise entitling the
Organization to damages for breach or other fault on the part of Harris arising from this
Agreement. The parties agree that in all such circumstances the Organization’s remedies
and Harris’s liabilities will be limited as set forth below and that these provisions will
survive notwithstanding the termination or other discharge of the obligations of the parties
under this Agreement.
(i) EXCEPT FOR HARRIS’S INDEMNIFICATION OBLIGATIONS SET FORTH
IN SECTION 5.02, TO THE GREATEST EXTENT PERMITTED BY
APPLICABLE LAW, THE TOTAL LIABILITY OF HARRIS, ITS AFFILIATES,
AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES
AND SHAREHOLDERS ANDORGANIZATION’S EXCLUSIVE REMEDY
WITH RESPECT TO THE SOFTWARE AND ANY OTHER PRODUCTS,
MATERIALS OR SERVICES SUPPLIED BY HARRIS IN CONNECTION
WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND
REGARDLESS OF THE CAUSE OF ACTION, SHALL NOT EXCEED, IN THE
AGGREGATE, THE LICENSE FEES PAID BY ORGANIZATION TO HARRIS
UNDER THIS AGREEMENT.
(ii) IN ADDITION TO THE FOREGOING, TO THE GREATEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HARRIS, ITS
AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND SHAREHOLDERS, BE LIABLE FOR ANY
CONSEQUENTIAL , INCIDENTAL, INDIRECT, SPECIAL , AGGRAVATED,
EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT
NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, FAILURE TO
REALIZE EXPECTED SAVINGS, COSTS OF SUBSTITUTE GOODS AND
SERVICES, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, AND
LOSS OF REPUTATION ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT.
(iii) CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM,
DEMAND, ACTION, OR PROCEEDING HOWSOEVER ARISING BY A
PARTY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION
UNDERLYING SUCH CLAIM, DEMAND, ACTION, OR PROCEEDING
INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT
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(INCLUDING FUNDAMENTAL BREACH), RESCISSION OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), BREACH OF TRUST, OR BREACH OF
FIDUCIARY DUTY EVEN IF HARRIS HAS BEEN ADVISED OF THE
LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES OR SUCH
LOSS OR DAMAGE IS FORSEEABLE AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Section 5.02 Intellectual Property Indemnity
(a) In the event there is a third party claim against Organization alleging that Organization’s
use of the Software in accordance with this Agreement constitutes an infringement of a
Canadian or United States’ patent, copyright, trade-mark or trade secret or other intellectual
property, Harris shall, at its expense, defend, indemnify, and hold the Organization
harmless from and against any and all losses, liabilities, damages, costs, assessments,
expenses (including, without limitation, interest, penalties, fines, expert fees and
reasonable attorneys’ fees), incurred in connection with any and all third-party causes of
action, claims, demands, actions, suits, proceedings, settlements and judgments
(collectively, “Claims”) which Organization may incur or suffer or be put to by reason of
or in connection with or arising directly or indirectly from any claim that Organization’s
use of the Software constitutes an infringement of the third party’s intellectual property
rights. This indemnity is effective when:(i) Organization gives Harris reasonably prompt
written notice of any such claim and full opportunity to defend the same; (ii) Organization
has not made any admissions or entered into any settlement negotiations either prior to or
after providing notice to Harris of the applicable claim except with Harris’s prior written
consent, (iii) Harris has sole control of the defense of any claim or proceeding and all
negotiations for its compromise or settlement; and (iv) Organization assists and provides
information to Harris throughout the action or proceeding.
(b) Harris’ liability for any claims under this Section 5.02 shall be reduced to the extent such
claim arises from (i) alterations or modifications to the Software by Organization or a third
party in any manner whatsoever except with the prior written consent of Harris; (ii)
combination, integration or use of the Software with software, hardware or other materials
not approved by Harris where such claim would not have arisen but for such combination,
integration or use; (iii) use of the Software other than in compliance with this Agreement;
(v) compliance with the Organization’s written instructions or specifications; or (vi) use of
the Software after notice from Harris that it should cease due to possible infringement.
(c) Any breach by Organization of its covenants under this Section 5.02 shall nullify this
indemnity but not the sole right of Harris to have full and complete authority of the defense
to defend such claim or proceeding and of all negotiations related therewith and the
settlement thereof. In the event that the Organization’s use of the Software is finally held
to be infringing or Harris deems that it may be held to be infringing, Organization agrees
that the only remedy available to it is that Harris shall be, at Harris's election, for Harris to:
(1) procure for the Organization the right to continue use of the Software; or (2) modify or
replace the Software so that it becomes non-infringing.
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(d) The foregoing states Harris's entire liability, and the Organization’s exclusive remedy, with
respect to any claims of infringement of any copyright, patent, trade-mark, trade secret or
other intellectual property and property interest rights relating to the Software, or any part
thereof or use thereof.
(e) Organization may, at Organization’s sole cost and expense—which is outside the scope of
this indemnity—retain counsel of its own choosing who shall be permitted to attend all
settlement conferences and hearings or other court appearances (except where the court has
specifically made an order against such attendance) related to the proceeding.
(f) The indemnity provisions of this Section 5.02 shall not apply to any Third Party Software
and System Software and Harris shall have the right to substitute the licensor of the Third
Party Software to perform Harris’s obligations hereunder and the Organization agrees to
release Harris from any obligations related to such Third Party Software.
Article VI.
CONFIDENTIALITY
Section 6.01 Confidentiality
The parties each acknowledge that each party may receive Confidential Information from
the other party or otherwise in connection with this Agreement. Each of the parties agree:
(i) this Section 6.01 applies to records prepared, owned, used, or retained by the
Organization that contain Confidential Information only to the extent that such
provision is consistent with the Public Records Act, Chapter 42.56 of the Revised
Code of Washington (“RCW”);
(ii) If Harris has identified any record as containing Confidential Information, the
Organization will: (a) use its best efforts to give Harris notice of a public records
request or subpoena that seeks such Confidential Information, and (b) provide
Harris a reasonable time period under the circumstances to obtain an injunction to
enjoin the Organization from disclosing the requested Confidential Information to
the party who has requested it. Regardless of any other provision in this Agreement
to the contrary, the Organization will not assert on Harris’ behalf any exemption on
the basis of the record’s confidential or proprietary nature. Harris agrees to hold the
City harmless from any damages, claims, or attorneys’ fees that may be incurred
by or assessed against the City and related to Harris’ pursuit of an injunction to
enjoin the City’s disclosure of the requested record or information;
(iii) except as otherwise provided for in this Agreement, to maintain the Confidential
Information of the other party in confidence and to take all reasonable steps, which
shall be no less than those steps it takes to protect its own confidential and
proprietary information, to protect the Confidential Information of the other party
from unauthorized use, disclosure, copying or publication;
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(iv) not to use the Confidential Information of the other party other than in the course
of exercising its rights or performing its obligations under this Agreement;
(v) except as otherwise provided above, not to disclose or release such Confidential
Information, except to the extent required by applicable law or during the courses
of or in connection with any litigation, arbitration, or other proceeding, based upon
or in connection with the subject matter of this Agreement, provided that the
receiving party shall first give reasonable notice to the disclosing party prior to such
disclosure so that the disclosing party may obtain a protective order or equivalent
and provided that the receiving party shall comply with any such protective order
or equivalent; and
(vi) not to disclose or release such Confidential Information to any third person without
the prior written consent of the Organization, except for authorized employees or
agents of the receiving party who have a need to know such information for the
purpose of performance under this Agreement and exercising its rights under this
Agreement, and who are bound by confidentiality obligations at least as protective
of the disclosing party’s Confidential Information as this Agreement.
(vii) Notwithstanding anything to the contrary, the Software shall at all times remain
Confidential Information and the confidentiality obligations in this Agreement remain in
effect.
Article VII.
TERMINATION
Section 7.01 Termination
This Agreement may be terminated as follows:
(a) If either party should fail to comply with its obligations under this Agreement, the other
party must notify the breaching party in writing of such default (a “Default Notice”). Upon
receipt of a Default Notice, the breaching party must correct the default at no additional
cost to the other party, or issue a written notice of its own disputing the alleged default, in
either case within thirty (30) days immediately following receipt of a Default Notice. If
the breaching party fails to (i) issue a notice disputing the alleged default within such thirty
(30) day period; or (ii) correct the default within ninety (90) days following receipt of the
Default Notice, the other party may terminate the whole of this Agreement effective upon
written notice to the other party.
(b) If Organization has failed to pay the license fees in accordance with Article IV then Harris
shall have the right to terminate the license rights granted herein and this Agreement
effective immediately upon written notice to Organization to that effect.
(c) Notwithstanding any other provision of this Agreement, if the Organization breaches (i)
any term of Section 2.03, Section 2.04, or any other intellectual property right of Harris; or
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(ii) its confidentiality obligations under Section 6.01, then Harris shall have the right to
terminate this Agreement effective immediately upon written notice to Organization to that
effect and the license rights granted herein shall immediately terminate.
(d) Either party may terminate this Agreement effective immediately upon written notice to
the other party if the other party: (i) becomes insolvent; (ii) becomes the subject of any
proceeding under any bankruptcy, insolvency or liquidation law, whether domestic or
foreign, and whether voluntary or involuntary, which is not resolved favourably to the
subject party within ninety (90) days of commencement thereof; or (iii) becomes subject
to property seizure under court order, court injunction or other court order which has a
material adverse effect on its ability to perform hereunder.
(e) This Agreement shall automatically terminate in the event that the Software
Implementation Services Agreement is terminated prior to the Completion of Services, as
that term is defined therein, or in the event that the Support and Maintenance Agreement
is terminated or expires. The termination of this Agreement shall result in the automatic
concurrent termination of the Support and Maintenance Agreement and of the Software
Implementation Services Agreement.
Section 7.02 Effects of Termination
(a) If this Agreement is terminated or expires, then within thirty (30) days following such
termination/expiration, the Organization shall either return to Harris or delete the Software
from all of its locations (except as required under any statute related to retention
requirements) and shall certify, under the hand of a duly authorized officer of the
Organization, that all copies of the Software or any part thereof, in any form, within the
possession or control of the Organization have either been returned to Harris or deleted.
(b) Despite anything in this Agreement to the contrary, all warranties related to the Software
automatically terminate upon the termination of this Agreement. However, a warranty will
be deemed to have applied if the warranty was in effect at the time an event occurred that
gave rise to the claim.
Article VIII.
GENERAL
Section 8.01 Resolution of Disputes
If the parties are unable to settle any dispute, difference, or claim arising from the
parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference,
or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King
County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
- 17 -
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other
recovery or award provided by law; provided, however, nothing in this paragraph shall be
construed to limit the Organizations right to indemnification under Article 5 of this Agreement.
Section 8.02 Addresses for Notice
Any notice required or permitted to be given to any party to this Agreement shall
be given in writing and shall be delivered personally, mailed by prepaid registered post or sent by
facsimile to the appropriate address or facsimile number set out below. Any such notice shall be
conclusively deemed to have been given and received on the day on which it is delivered or
transmitted (or on the next succeeding business day if delivered or received by facsimile after 5:00
p.m. local time on the date of delivery or receipt, or if delivered or received by facsimile on a day
other than a business day), if personally delivered or sent by facsimile or, if mailed, on the third
business day following the date of mailing, and addressed, in the case of Harris, to:
N. HARRIS COMPUTER CORPORATION
1 Antares Drive, Suite 400
Ottawa, Ontario K2E 8C4
Attention: CEO
Telephone: 613-226-5511, extension 2149
With a copy to:
legal@harriscomputer.com
and in the case of the Organization, to:
XXX
XXX
XXX, XX, XXXXX
Attention: XXX
Telephone: XX-XXX-XXXX
Each party may change its particulars respecting notice, by issuing notice to the
other party in the manner described in this Section 8.02.
Section 8.03 Assignment
Neither party may assign any of its rights or duties under this Agreement without
the prior written consent of the other party, such consent not to be unreasonably withheld, except
that either party may assign to a successor entity in the event of its dissolution, acquisition, merger,
sale of substantially all of its assets, or other change in legal status. The Agreement shall inure to
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the benefit of and be binding upon the parties to this Agreement and their respective successors
and permitted assigns
Section 8.04 Reorganizations
The Organization acknowledges that the License Fee set out in this Agreement has been
established on the basis of the structure of the Organization as of the Effective Date. To the extent
that the Organization amalgamates, consolidates or undergoes any similar form of corporate
reorganization or transition (a “Reorganization”), and the resulting entity (whether or not the
Organization is the resulting or continuing entity) requires additional Licenses to support the
system, Harris shall be entitled to receive, and the Organization shall pay, an additional License
Fee based on the then prevailing License Fee in effect. The provisions of this Section 8.04 shall
apply to any subsequent Reorganizations occurring following the first Reorganization. The
provisions of this Section 8.04 shall not apply where the Organization undergoes a Reorganization
involving only other organizations that already have a valid license to use the same Software.
Section 8.05 Entire Agreement
This Agreement shall constitute the entire agreement between the parties hereto
with respect to the subject matter hereof. No other understandings, agreements, representations,
warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf
of Harris by any of its employees or agents, or contained in any sales materials or brochures, shall
be deemed to bind the parties hereto with respect to the subject matter hereof. However, the parties
agree that two other agreements are being entered into concurrently with this Agreement which
are in addition to any of the Third Party Software and System Software agreements detailed herein.
These two other agreements are the Support and Maintenance Agreement and the Software
Implementation Services Agreement, each of which are separate agreements and are binding in
their own right and upon their own terms. The terms of this Agreement may not be changed except
by an amendment signed by an authorized representative of each party. No provisions in any
purchase orders, or in any other documentation employed by or on behalf of the Organization in
connection with this Agreement, regardless of the date of such documentation, will affect the terms
of this Agreement, even if such document is accepted by Harris, with such provisions being
deemed deleted.
Section 8.06 Section Headings
Section and other headings in this Agreement are for reference purposes only, and
are in no way intended to describe, interpret, define or limit the scope or extent of any provision
hereof.
Section 8.07 Governing Law
This Agreement shall be governed by and construed according to the laws of the
State of Washington. This Agreement excludes that body of law applicable to choice of law, the
Uniform Commercial Code and the United Nations Convention on Contracts for the International
Sale of Goods (UNCCISG), and any legislation implementing such Convention, if otherwise
applicable.
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Section 8.08 Trial by Jury
Organization and Harris hereby waive, to the fullest extent permitted by
applicable law, the right to trial by jury in any action, proceeding or counterclaim filed by any
party, whether in contract, tort or otherwise, relating directly or indirectly to this Agreement or
any acts or omissions of Harris in connection therewith or contemplated thereby.
Section 8.09 Attorneys’ Fees
Subject to the indemnification provisions set forth in this Agreement, if any action or suit is
brought with respect to a matter or matters covered by this Agreement, each party shall be
responsible for all of its own costs and expenses incident to such proceedings, including reasonable
attorneys' fees and costs.
Section 8.10 Public Records Act
Harris acknowledges that the Organization is a public agency subject to the Public Records Act
codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and
other records prepared or gathered by Harris, and used by the Organization, may be subject to
public review and disclosure, even if those records are not produced to or possessed by the
Organization. As such, Harris agrees to cooperate fully with the Organization in satisfying the
Organization’s duties and obligations under the Public Records Act.
Section 8.11 Invalidity
The invalidity or unenforceability of any provision or covenant contained in this
Agreement shall not affect the validity or enforceability of any other provision or covenant herein
contained and any such invalid provision or covenant shall be deemed modified to the extent
necessary in order to render such provision valid and enforceable; if such provision may not be so
saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect.
Section 8.12 Waiver
No waiver of any breach of any provision of this Agreement shall constitute a waiver of
any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no
waiver shall be effective unless made in writing and signed by an authorized representative of the
waiving party.
Section 8.13 Counterparts
This Agreement may be executed in counterparts (whether by facsimile signature,
in an email PDF or otherwise), each of which when so executed shall constitute an original and all
of which together shall constitute one and the same instrument.
Section 8.14 Further Assurances
The parties shall do all such things and provide all such reasonable assurances as
may be required to consummate the transactions contemplated hereby, and each party shall provide
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such further documents or instruments required by any other party as may be reasonably necessary
or desirable to effect the purposes of this Agreement and carry out its provisions. Additionally,
the Organization agrees that it may be listed as a being a ‘customer’ of Harris when Harris responds
to other customer requests or potential customer requests (including all third party requests for
proposals) which may include data such as the name and size of Organization, the volume of
receipts generated by Organization, and other generic information about Organization which may
include published contact information.
Section 8.15 Allocation of Risk
Section 8.16 Organization acknowledges that the limited warranties, disclaimers and
limitations of liability contained in this Agreement are fundamental elements of the basis of
bargain between Organization and Harris and set forth an allocation of risk reflected in the
fees and payments due hereunder.Relationship
The parties are and shall at all times remain, independent contractors in the
performance of this Agreement and nothing herein shall be deemed to create a joint venture,
partnership or agency relationship between the parties. Neither party will have the power to bind
the other party or to contract in the name of or create any liability against the other party in any
way for any purpose. Neither party will be responsible for the acts or defaults of the other party
or of those for whom the other party is in law responsible.
Section 8.17 Equitable Relief
Organization acknowledges and agrees that it would be difficult to compute the
monetary loss to Harris arising from a breach or threatened breach by Organization of Section 2.01
in this Agreement and that, accordingly, Harris will be entitled to specific performance, injunctive
or other equitable relief in addition to, or instead of monetary damages in the event of a breach or
threatened breach by Organization of Section 2.01 in this Agreement by Organization.
Section 8.18 Force Majeure
No default, delay or failure to perform on the part of Harris shall be considered a
breach of this Agreement where such default, delay or failure is due to a force majeure or to
circumstances beyond its control. Such circumstances will include, without limitation, strikes,
riots, civil disturbances, actions or inactions concerning government authorities, epidemics, war,
terrorist acts, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy or
default of a common carrier or other disasters or events.
Section 8.19 Survival
The following sections and articles shall survive the termination or expiration of
this Agreement: Sections 1.01, 1.02, 2.03, 2.04, 2.05, 2.06,, 3.02, 3.03, 3.04, Article IV, V, Article
VI, Section 7.02, Article VIII and any other provisions which are required to ensure that the parties
fully exercise their rights and obligations hereunder.
IN WITNESS WHEREOF the parties hereto have duly executed this Agreement
to be effective as of the date first written above.
- 21 -
N. HARRIS COMPUTER CORPORATION
Per:
Name: Jeffrey Sumner
Title: Executive Vice President
N. HARRIS COMPUTER CORPORATION
Per:
Name: Todd Richardson
Title Chief Financial Officer
[ORGANIZATION]
Per:
Name:
Title:
Schedule “A”
Description of Software
Covered Programs
Software Module Description Assumption
iNovah Software Modules
1 iNovah ERM 100,000 Receipts Base Software Version
iNovah Integrations
Interface Module(s)
Business and Occupation Tax Web Services Real-Time integration
Data Now (Utility Billing/Harris Product) Real-time stored procedures
Kiva Permitting - stored procedures (Accela), Real-time inquiry, batch update.
JDE GL/ Export
Elavon Simplify
iNovah API
Additional Modules
Schedule “B”
License Fees and Payment Schedule
iNovah Software License and Modules
1 iNovah ERM - Up to 100,000 Annual Receipts,
Unlimited Users, Unlimited Workstations $50,000.00
Interface Module(s) – KENT WA Bundle
Business and Occupation Tax
Web Services Real-Time integration
Data Now / Utility Billing
Kiva Permitting - stored procedures ( Accela)
JDE - GL Export
Elavon Simplify
iNovah API
$85,000.00
Interface Modules Multi Interface Discount $(37,500.00)
TOTAL LICENSE COSTS $97,500.00
Payment Schedule
Milestone Description Value
Final Contract Executed $48,750.00 50% of Total License Fees
Installation of Base iNovah product
in test environment
$24,375.00
25% of Total License Fees
Completion of deployment and Go
Live $24,375.00 25% of Total License Fees
Total $97,500.00
Schedule “C”
Third Party Software Licenses and Third Party Software Terms
As of the Effective Date of this Agreement, no Third-Party software is required.
Schedule “D”
System Software
As of the Effective Date of this Agreement, no System Software or Hardware is being
provided to Organization.
This page intentionally left blank.
-1-
SUPPORT AND MAINTENANCE AGREEMENT
THIS SUPPORT AND MAINTENANCE AGREEMENT (the “Agreement”)
made as of the ____ day of ________, _______ (the “Effective Date”).
BETWEEN:
SYSTEM INNOVATORS, A DIVISION OF N. HARRIS
COMPUTER CORPORATION
(“Harris”)
- and -
City of Kent, WA
(“Organization”)
RECITALS
1. Harris has licensed Software to Organization pursuant to a software license agreement
entered into between the parties on the same date as the Effective Date (the “Software
License Agreement”) and shall provide related services pursuant to a software
implementation services agreement dated the same date as the Effective Date (the
“Software Implementation Services Agreement”);
2. The Organization wishes to receive support and maintenance services related to the
Software; and
Harris has agreed to provide the support and maintenance services related to the Software
on the terms and conditions set out in this Agreement;
NOW THEREFORE, in consideration of the mutual covenants set out in this Agreement
and for other good and valuable consideration (the receipt and sufficiency of which is hereby
acknowledged), the parties agree as follows:
1. Definitions. Throughout this Agreement, the following words and expressions shall have
the following meanings. All defined terms not otherwise defined herein shall have the
meaning ascribed to them in the Software License Agreement.
(a) “Update” means a minor release of the Software which includes minor published
modifications or enhancements to the Software related to a bug fix, minor
additional functionality or legislative changes. An Update is designated by a
change in the right-most digit in the version number (for example, a change from
X.1 to X.2).
-2-
(b) “Upgrade” means a major release of the Software which is a complete new
published version of the Software that [significantly] modifies, revises or alters the
Software and adds features, functionality or enhancement to such Software. An
Upgrade is designated by a change in the number to the left of the decimal point in
the version number (for example, a change from 1.X to 2.X).
(c) “Release” means Updates and Upgrades. All Releases are provided in object code.
2. Entire Agreement. This Agreement (including the Change Order document referred to
herein and the schedules and exhibits hereto) supersedes all prior representations,
arrangements, negotiations, understandings and agreements between the parties, both
written and oral, relating to the subject matter hereof and sets forth the entire and exclusive
agreement and understanding between Harris and Organization relating to the subject
matter hereof. The terms of this Agreement may not be changed except by an amendment
signed by the authorized representative of each party. No provisions in any purchase
orders, or in any other documentation employed by Organization in connection with this
Agreement, regardless of the date of such documentation, will affect the terms of this
Agreement, even if such document is accepted by Harris, with such provisions being
deemed deleted.
3. Support Services. Harris shall provide support services as provided by this Agreement
and in accordance with the Standard Support and Maintenance Services – Harris Standard
Guidelines, as may be modified or supplemented from time to time by Harris in its sole
discretion so long as such changes do not diminish the overall level of services, a current
copy of which as of the Effective Date is attached to this Agreement as Exhibit 2 (the
“Support and Maintenance Services”). Support and Maintenance Services shall be
provided primarily via telephone and electronic mail, and Harris will provide site visits at
Customer’s request subject to additional fees or when deemed necessary by Harris, in its
sole discretion, to resolve an issue. The Support Services will be provided only during the
hours of operation as described in Exhibit 2 hereto and which are in effect as of the Start
Date (as defined below). To enable Harris to provide effective Support and Maintenance
Services, the Organization will establish auto remote access procedures compatible with
Harris’s then current practices which may be revised over time.
4. Support and Maintenance Fee. In consideration for the Support and Maintenance
Services, Organization shall pay the “Support and Maintenance Fee” as detailed in
Exhibit 1 below. The Support and Maintenance Fee will be billed annually in advance.
The first billing date shall be the pro rata amount for the period beginning on the date the
Software Go-Live in production environment(the “Start Date”) to the “Renewal Date”,
which is defined as being January 1. Thereafter, the Support and Maintenance Fee shall
be paid for the period beginning on each subsequent Renewal Date and ending at 23:59
eastern time, the day preceding the Renewal Date. The Support and Maintenance Fee shall
be fixed for the first five (5) years of support in accordance with the rates provided for in
Exhibit 1. Organization shall only be billed once per year. The Support and Maintenance
Fees shall increase where a reorganization occurs or due to any additional Licenses or other
growth of Organization during the term based upon Harris’s then current billing practices.
-3-
5. Billable Fees. In addition to the Support and Maintenance Fee, the Organization shall
reimburse Harris for fees related to support and maintenance services for Third Party
Software and for Harris’s direct expenses in providing support services pursuant to this
Agreement for services that are not included in this Agreement (“Billable Fees”). The
Billable Fees will cover expenses related to the installation/implementation of an Upgrade,
any necessary services provided at Organization’s premises, and at any other time when
the parties may agree that additional services are required. The Billable Fees include as of
the Start Date:
(a) courier services, photocopying, faxing, long distance phone calls and reproduction
services,
(b) all direct travel expenses including, but not limited to hotel, airfare, car rental, tolls,
parking and airline and travel agent fees; each individual’s travel time billing rate
of $75.00/hour; a per diem rate of $70.00 for week days and a $125.00 for weekends
and statutory holidays that includes all meal, food and telecommunications
expenses (no receipts will be provided); and a mileage charge consistent with the
Internal Revenue Service recommended rate per mile,
(c) and all other reasonable expenses incurred in the performance of Harris’s duties
hereunder.
To be reimbursable, these Billable Fees must be expressly approved by the Organization
in advance of Harris having incurred them. Third Party Software will be separately billed
on each invoice. Harris may update its reimbursement policies from time to time, in which
case such updated policies shall apply for purposes of this Agreement upon the
Organization’s written approval of such updates.
6. Upgrades. Conditional upon Organization paying the Support and Maintenance Fee, the
Billable Fees, and any other additional amounts applicable to such Upgrades, Harris shall
supply Upgrades to Organization. Upgrades may require additional services to be
performed by Harris outside of the scope of the Support and Maintenance Services
including additional training not covered by the Software Implementation Services
Agreement and professional services for the installation and implementation of the
Upgrade that will be subject to Harris’s then-prevailing policies, terms and Billable Fees
related to pricing and hourly rates.
7. Updates. All Updates of the Software and all those services listed in Exhibit 2 which are
included as part of the Support and Maintenance Services will be made available to
Organization at no additional charge other than the payment of the Support and
Maintenance Fee, the Billable Fees, and any other amounts payable under this Agreement.
8. Compatibility. In the event and Updates or Upgrade are incompatible with Organization’s
computing environment, including without limitation, database software, network, and
platforms, including the interface modules identified in the Software Implementation
Services Agreement, Harris will use commercially reasonable efforts to achieve
compatibility.
-4-
9. Compliance with Laws. The Organization shall comply with all applicable local, state,
federal, and foreign laws, treaties, regulations, and conventions in connection with its
configuration and use of the Software, including without limitation those related to privacy,
electronic communications and anti-spam legislation. Organization is responsible for
ensuring that its configuration and use of the Software to store or process credit card data
complies with applicable Payment Card Industry Data Security Standards (“PCI DSS”) and
The Fair and Accurate Credit Transactions Act (“FACTA”) requirements and shall not
store credit card and social security data in the system except in the designated encrypted
fields for such data. Organization is solely responsible for re-validating the configuration
settings used with the Software following the installation of any Updates or Upgrades prior
to using such Update or Upgrade in a production environment.
10. Payments. All payments hereunder shall be in U.S. dollars and shall be net of any taxes,
tariffs or other governmental charges. Organization agrees to pay all foreign, federal, state,
provincial, county or local income taxes, value added taxes, use, personal, property sales
and any other taxes, tariff, duty or similar charges that may be levied by a taxing authority
(excluding taxes on Harris’ net income) on the Support and Maintenance Fee, the Billable
Fees and any other fees set out in this Agreement.
11. Term. Unless terminated earlier in accordance with this Agreement, the initial term of this
Agreement shall be for the period of five (5) years that begins on the Start Date and ends
five (5) years after that Start Date (the “Initial Term”). Thereafter, the parties may agree
to extend this Agreement by a written amendment to this Agreement or a new Support and
Maintenance Agreement.
12. Ownership. Title to and ownership of all copyright, trademarks, trade secrets, patents and
all other intellectual property and proprietary rights in the Releases and all related
proprietary information supplied by Harris in providing the Support and Maintenance
Services shall at all times remain with Harris, and Organization shall acquire no proprietary
rights by virtue of this Agreement. Any updates related to Third Party Software shall be
subject to the applicable Third Party Software licensor’s agreement.
13. Termination.
(a) Harris shall have the right to terminate this Agreement and/or suspend the provision
of Support and Maintenance Services immediately if:
(i) Organization attempts to assign this Agreement or any of its rights
hereunder, or undergoes a reorganization, without complying with the
Software License Agreement;
(ii) Organization has not paid an invoice within ninety (90) days of the start of
a Renewal Term;
-5-
(iii) Organization (i) becomes insolvent; (ii) becomes the subject of any
proceeding under any bankruptcy, insolvency or liquidation law, whether
voluntary or involuntary, which has not been resolved within ninety (90)
days of commencement thereof; or (iii) becomes subject to property seizure
under court injunction or other court order which has a material adverse
effect on its ability to make payments when due hereunder; or
(iv) Organization has breached or violated any obligations of confidentiality or
any intellectual property or proprietary right of Harris.
(b) This Agreement shall automatically terminate in the event that the Software License
Agreement expires or is terminated, or in the event that the Software
Implementation Services Agreement is terminated prior to the Completion of
Services, as that term is defined therein.
14. Effects of Termination. The termination or expiration of this Support and Maintenance
Agreement shall result in the concurrent termination of the Software License Agreement
and Software Implementation Services Agreement. Harris shall neither refund any Support
and Maintenance Fees nor any Billable Fees if this Support and Maintenance Agreement
is terminated.
15. Warranties.
(a) Service Warranty. Harris represents and warrants that all services shall be
provided in a timely manner and with a reasonable standard of care, in a
workmanlike and professional manner, and consistent with generally accepted
industry standards. Each of Harris’ representatives and agents assigned to perform
services under this Agreement shall be fully qualified, experienced, and technically
trained, and shall perform the services in a reasonably cost-efficient manner.
(b) Virus Warranty. Harris warrants that, any Updates and/or Upgrades delivered to
Organization, on the date of delivery, do not contain any malicious code, program,
or other internal component (e.g., computer virus, computer worm, computer time
bomb, or similar component) that could damage, destroy, or alter any computer
program, firmware, or hardware or which could in any manner, reveal, damage,
destroy, or alter any data or other information accessed through or processed by the
software product(s) or other products in any manner. Harris shall promptly advise
the Organization, in writing, upon reasonable suspicion or actual knowledge that
the software product(s) or other products may result in the harm described above.
16. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR WITHIN THIS
AGREEMENT, AND TO THE GREATEST EXTENT PERMITTED BY LAW, THE
SUPPORT AND MAINTENANCE SERVICES PROVIDED BY HARRIS ARE
PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, REPRESENTATIONS
OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY
STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR
OTHERWISE, REGARDING THE SUPPORT AND MAINTENANCE SERVICES OR
-6-
ANY OTHER PRODUCT OR SERVICE PROVIDED HEREUNDER OR IN
CONNECTION HEREWITH. HARRIS DISCLAIMS ANY IMPLIED WARRANTY OR
CONDITION OF MERCHANTABLE QUALITY, MERCHANTABILITY,
DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-
INFRINGEMENT. HARRIS DOES NOT REPRESENT OR WARRANT THAT THE
SOFTWARE SHALL MEET ANY OR ALL OF ORGANIZATION’S PARTICULAR
REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE SOFTARE CAN BE
FOUND OR CORRECTED.
Organization acknowledges and agrees that the Support and Maintenance Services are not
designed nor intended to be used to maintain or manage any products requiring fail-safe
operation and where the failure of the products or Support Services could lead to death,
personal injury or environmental damage. HARRIS DISCLAIMS ANY AND ALL
WARRANTIES AND LIABILTY WITH RESPECT TO THE USE OF THE SUPPORT
AND MAINTENANCE SERVICES IN SUCH HIGH RISK ACTIVITIES.
17. Notice. Unless otherwise agreed to by the parties, all notices required hereunder shall be
made in accordance with the provisions of the License Agreement.
-7-
18. Waiver. Either party’s lack of enforcement of any provision in this Agreement in the event
of a breach by the other shall not be construed to be a waiver of any such provision and the
non-breaching party may elect to enforce any such provision in the event of any repeated
or continuing breach by the other.
19. Limitation of Liability.
(a) Termination of this Agreement shall not affect any right of action of either party
arising from anything which was done or not done, as the case may be, prior to the
termination taking effect.
(b) The Organization and Harris recognize that circumstances may arise entitling the
Organization to damages for breach or other fault on the part of Harris arising from
this Agreement. The parties agree that in all such circumstances the Organization’s
remedies and Harris’s liabilities will be limited as set forth below and that these
provisions will survive notwithstanding the termination, expiration or other
discharge of the obligations of the parties under this Agreement.
(c) EXCEPT FOR DAMAGES ARISING OUT OF (i) DAMAGE TO TANGIBLE
PROPERTY (ii) INJURY OR DEATH TO PERSONS, OR (iii) INTENTIONAL
MISREPRESENTAITON, GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, TO THE GREATEST EXTENT PERMITTED BY
APPLICABLE LAW, THE AGGREGATE LIABILITY OF HARRIS, ITS
AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND SHAREHOLDERS AND ORGANIZATION’S
EXCLUSIVE REMEDY WITH RESPECT TO THE SUPPORT SERVICES AND
ANY OTHER PRODUCTS, MATERIALS OR SERVICES SUPPLIED BY
HARRIS IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR
ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTION, SHALL
NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF SUPPORT AND
MAINTENANCE FEES ACTUALLY PAID BY THE ORGANIZATION TO
HARRIS UNDER THIS AGREEMENT DURING THE THEN-CURRENT
TERM (AND IN NO EVENT BEING GREATER THAN 12 MONTHS) OF THIS
AGREEMENT UP TO AND INCLUDING THE DATE OF TERMINATION.
(d) IN ADDITION TO THE FOREGOING, TO THE GREATEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HARRIS, ITS
AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ORGANIZATIONFOR
ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT DAMAGES,
EXEMPLARY, PUNITIVE, SPECIAL, OR AGGRAVATED DAMAGES
WHATSOVER, INCLUDING WITHOUT LIMITATION FOR LOSS OF
REVENUE, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED
-8-
SAVINGS, COSTS OF SUBSTITUTE GOODS OR SERVICES, LOSS OF
DATA, LOSS OF BUSINESS OPPORTUNITY ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT.
(e) CLAUSES (c) AND (d) SHALL APPLY IN RESPECT OF ANY CLAIM,
DEMAND, ACTION, OR PROCEEDING HOWSOEVER ARISING BY A
PARTY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION
UNDERLYING SUCH CLAIM, DEMAND, ACTION, OR PROCEEDING
INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT,
RESCISSION OF CONTRACT (INCLUDING FUNDAMENTAL BREACH),
TORT (INCLUDING NEGLIGENCE), BREACH OF TRUST, OR BREACH OF
FIDUCIARY DUTY, EVEN IF HARRIS HAS BEEN ADVISED OF THE
LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES OR SUCH
LOSS OR DAMAGE IS FORSEEABLE AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
(f) Remedies. Where remedies are expressly afforded by this Agreement, such
remedies are intended by the parties to be the sole and exclusive remedies of the
Organization for liabilities of the Harris arising out of or in connection with this
Agreement, notwithstanding any remedy otherwise available at law or in equity.
19. Allocation of Risk. The parties agree that the limited warranties, disclaimers and
limitation of liability as set out in in this Agreement are fundamental elements of the basis
of bargain between Harris and Organization and set forth an allocation of risk reflected in
the fees and payments hereunder.
20. Governing Law. This Agreement shall be governed by and construed by the laws of the
State of Washington. This Agreement excludes the Uniform Commercial Code and the
United Nations Convention on Contracts for the International Sale of Goods (UNCCISG
and any legislation implementing such Convention), if otherwise applicable.
21. Assignment. This Agreement may not be assigned by the Organization (including by way
of Reorganization) unless, concurrently with any such assignment, the Organization
assigns its rights under, and complies with the provisions of the License Agreement. This
Agreement shall be binding upon and enure to the benefit of the parties, their successors
and permitted assigns.
22. Severability. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable under any applicable law, then such provision
shall be deemed modified to the extent necessary in order to render such provision valid
and enforceable. If such provision may not be so saved, it shall be severed and the
remainder of this Agreement shall remain in full force and effect.
23. Counterparts. This Agreement may be executed in counterparts (whether by facsimile
signature or in PDF format via e-mail or otherwise), each of which when so executed shall
constitute an original and all of which together shall constitute one and the same agreement.
-9-
24. Resolution of Disputes. If the parties are unable to settle any dispute, difference, or claim
arising from the parties’ performance of this Agreement, the exclusive means of resolving
that dispute, difference, or claim, shall only be by filing suit exclusively under the venue,
rules, and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative dispute resolution process. In any claim
or lawsuit for damages arising from the parties' performance of this Agreement, each party
shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim
or lawsuit, including all appeals, in addition to any other recovery or award provided by
law; provided, however, nothing in this paragraph shall be construed to limit the
Organizations right to indemnification under Article 5 of this Agreement.
25. Survival. Sections 1, 2, 4, 5, 8, 9, 11, 13-27, and any other provision of this Agreement
which is required to ensure that the parties fully exercise their rights and their obligations
hereunder shall survive any termination or expiration unless and until waived expressly in
writing by the party to whom they are of benefit.
26. Relationship. The parties are and shall at all times, independent contractors in the
performance of this Agreement and nothing herein shall be deemed to create a joint
venture, partnership or agency relationship between the Parties. Neither party will have
the power to bind the other party or to contract in the name of or create any liability against
the other party in any way for any purpose.
27. Force Majeure. . No default, delay or failure on the part of Harris shall be considered a
breach of this Agreement where such default, delay or failure is due to a force majeure or
to circumstances beyond its control. Such circumstances will include, without limitation,
acts or omissions on the part of the School, strikes, riots, civil disturbances, actions or
inactions concerning government authorities, epidemics, war, terrorist acts, embargoes,
severe weather, fire, earthquakes, acts of God or the public enemy or default of a common
carrier, the Internet or other electronic communications outside the control of Harris, or
other disasters or events.
-10-
IN WITNESS WHEREOF, the Parties have executed this Support and Maintenance Agreement
to be effective as of the date first written above.
SYSTEM INNOVATORS, A DIVISION OF
N. HARRIS COMPUTER CORPORATION
Per:
Name:
Title: Executive Vice President
Per:
Name:
Title: Vice President, Finance
City of Kent WA.
Per:
Name:
Title:
Per:
Name:
Title:
Exhibit 1
Annual Support and Maintenance Fee
Year 1 Support and Maintenance Fees: $24,375.00
Year 2 Support and Maintenance Fees: $25,594.00
Year 3: Support and Maintenance Fees: $26,873.00
Year 4: Support and Maintenance Fees: $28,217.00
Year 5: Support and Maintenance Fees: $29,628.00
Exhibit 2
Standard Support and Maintenance Services – Standard Guidelines
The purpose of this Exhibit 2 is to provide our clients with information on our standard coverage,
the services which are included as part of the annual software support and maintenance services,
a listing of call severities, an outline of our escalation procedures and other important details.
Harris reserves the right to make modifications to this document as required; provided, however,
Harris shall not reduce the scope of support provided hereunder without the prior consent of the
Organization.
1 Description of Support Services
1.1 Support Request Flow
System Innovators Standard Support Request Flow
Le
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1
Su
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e
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t
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2
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Su
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Client contacts
support team
with request
Opens case Provides
response?
Investigates
question or
issue
Resolved?
Updates case
and assigns to
L2 queue
Reviews case
and investigates
further
Provides
response?
Resolved
NO
YES
NO
YES
Updates case
and assigns to
L3 queue
NO
NO
Reviews case
and investigates
further
Provides
resolution?
Update case and
assign to L2
Defect or
New
Functionality
?
YES
NO
TFS Bug TFS Change
RequestDEFECTUpdate case and
assign to L2
NEW FUNCTIONALITY
EndStartYES
YES
1.2 Support Request Process
In order to initiate the support process, the client is required to notify Harris Client Services of a
support request by phoning support or by sending an email. In the future a Web Portal Ticketing
Tool will be available. In either case the client will receive a case reference number for tracking
the progress of the support request.
All client support requests must include at a minimum: organization name, contact person,
software product and version, module and/or menu selection, nature of issue, detailed
description of the question or issue and any other information believed to be pertinent.
A support analyst will record the request into the support tracking system. The client will
receive a case number for issue tracking.
The request will be logged to a queue and the first available support analyst will be
assigned to work the support request with the client.
While the support analyst investigates the issue, the client will be contacted for additional
information, advised of issue status, and course of action for resolution.
Should the support request uncover a product defect, the issue will also be logged into the
development tracking system. Now, along with the case number, the client will also
receive a bug number. At this time, the support case will be placed in a deferred state.
The case will reference the bug number. Issues escalated to development will be
scheduled for resolution in a future software maintenance release. The resolution timeline
is dependent on the nature and complexity of the defect.
Should the support request uncover new feature/functionality, the request will be logged
into the development tracking system. Now, along with the case number, the client will
also receive a change request number. At this time, the support case will be placed in a
deferred state. The case will reference the change request number. Clients may be
charged for new feature/ functionality requests.
Contact the support department at your convenience for a status update on any and all
support requests.
1.3 Standard Support Services and Activities
The support services listed below are included as part of annual software support and
maintenance:
800 toll free telephone support
Email support call logging and notification
Technical troubleshooting and issue resolution
Periodic software maintenance updates that incorporate new product
features/functionality
Periodic maintenance updates of the software that incorporate corrections of defects,
fixes of minor bugs
Product release notes
Product manuals
Training guides
Installation documentation
Technical service bulletins
Peripheral device support; drivers, firmware
New software release notifications
State and/or Federal mandated changes (charges may apply)
Scheduled assistance for installations, upgrades and other special projects (charges may
apply)
Design review for potential enhancements or custom modifications (charges may apply)
Limited training consultation (15 minute guideline)
Attendance at the annual customer conference (attendance fees apply)
1.4 Out of Scope Services and Activities
Extended training consultation
Setup of peripheral devices; printers, scanners, barcode readers, imagers, cash drawers
Custom software modifications
- Source system interfaces
- File imports and exports
- Bills/scanlines/barcodes
- Cashiering customizations
- Reversal of customizations
Data conversions / global modification to setup table data
Database maintenance, repairs and optimization
Database refreshes, backups, restores
Operating system installation/upgrades of servers/workstations
iNovah Public API consulting (billable service)
Custom report development (billable service)
Form creation or re-design (billable service)
On-site installation, upgrade or troubleshooting
Reconfiguration of hardware, fileservers, and virtual environments
Hardware system upgrades
Third party software upgrades
Assistance with creation of backup scripts / backup recovery
Assistance with database installation, configuration and updating
Preventative maintenance monitoring or other services
Recommending or assisting with disaster recovery plans
Assistance with recovering data resulting from system crashes (charges may apply)
1.5 Third Party Support
The purpose of this section is to provide our clients with information on the standard coverage
and the services which are included in annual maintenance with regard to third party software
support (if applicable). This section serves as a guideline for the support department but is
superseded by any existing third party or other agreement.
800 telephone support – first line phone support for troubleshooting (more complex
issues will be escalated to the actual third party vendor of the product)
“On call” after hours support (scheduled assistance for installations, upgrades and other
special projects – there may be charges depending on the scope of work)
Technical troubleshooting
Limited training questions (15 minute guideline)
Support provided for installed database issues (30 minute guideline)
Web Service installation and connection to database assistance
Updating system to support new versions of licensed applications
2 Severity Levels
2.1 Definitions
In an effort to assign resources to incoming calls as effectively as possible, we have
identified four types of call severities, 1, 2, 3, and 4. A Severity 1 call is deemed as an
Urgent Priority call, Severity 2 is classified as a High Priority, Severity 3 is Medium Priority,
and Severity 4 is Low Priority. The criteria used to establish guidelines for these calls are as
follows:
Severity Levels Definition
Severity 1 The total unavailability of the production application, or a repeatable malfunction within the production
application causing impact to business operation if not promptly restored.
System Down (Software Application)
Inability to process payments
Program errors without workarounds
Incorrect calculation errors impacting a majority of records
Aborted postings or error messages preventing data integration and update
Performance issues of severe nature impacting critical processes
Severity 2 Reproducible issues that affect the functioning of components within the application, or data inconsistencies
with no work around available.
Calculation errors impacting a minority of records
Report calculation issues
Printer related issues (related to interfaces with our software and not the printer itself)
User Security/Permission issues
Workstation connectivity issues (Workstation specific)
Severity 3 Reproducible or intermittent Issues that affect the functioning of components within the application, or data
inconsistencies. Workaround available.
Usability issues
Performance issues not impacting critical processes
Report formatting issues
Training questions, how to, or implementing new processes
Recommendations for enhancements on system changes
Severity 4 Requests for information, assistance on application capabilities, and other requests that do not fit the criteria
for Severity 1, Severity2, or Severity 3.
Questions about documentation
Requests for documentation or information
Questions about products
Aesthetic issues
3 Service Levels
3.1 Response Time
Severity Levels Response Time
Severity 1 1 - 4 Business Hours
Severity 2 1 - 2 Business Days
Severity 3 1 - 5 Business Days
Severity 4 1 - 10 Business Days
Response times are not applicable during office closure for published holidays, or natural
disasters, and/or other exceptional unplanned events.
Harris does not guarantee case resolution during the response time, only acknowledgement
of the support request.
4 Client Designated Support Contacts
The client will assign two (2) named resources, a primary and a backup, to be client
designated support contacts responsible for:
1. Assisting with the support relationship between Harris and the client
2. Initiating and managing the priority case handling process
3. Distributing proactive notifications to the client’s end users (as applicable)
4. Ensuring appropriate follow up and feedback from the client’s end user
5. Ensuring that a communication link is operational for remote troubleshooting purposes;
direct internet, virtual private network (VPN), remote access server (RAS)
5 Contact Information and Support Hours
5.1 Contact Information
Phone 800.963.5000 x2
Email clientservices@systeminnovators.com
5.2 Support Hours
Monday thru Friday 8am – 8pm Eastern Time
5.3 Holiday Schedule
Please note that support services will be closed on designated days as outlined below. An asterisk
* next to the holiday indicates that the Harris office is closed, however, client support is
available.
New Year's Day Closed
President’s Day (Observed) Closed
Memorial Day (Observed) Closed
4th of July (Observed) Closed
Labor Day Closed
Columbus Day * Closed
Thanksgiving Day Closed
Day after Thanksgiving * Closed
Christmas Day (Observed) Closed
Day after Christmas * Closed
6 Support Request Escalation
6.1 Process
This escalation process was implemented to ensure that client issues are handled in an efficient
and timely manner. If at any time you are not completely satisfied with the handling of the support
request, escalate with the support department as follows:
Contact the analyst working the issue
Contact the Manager of Support
Contact the Vice President of Support
Contact the Executive Vice President of Harris
IT/Finance System Requirements
Requirements/Features:
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1
Financial Transactions / Point-of-Sales
1 Solution supports and allows for segregation of duties for individual staff based on
their roles. A staff member should not have control over BOTH 1) City asset [monies]
AND the related accounting records.
Standard
Yes. All security permissions in iNovah are based on user and group
roles. In addition, iNovah can segment entire departments and
only police to take PD payments, Public Works to take permits,
while allowing finance and auditors full access, etc.
Standard Standard
2 Solution records ALL transactions immediately once completed and once recorded,
cannot be deleted or altered from the Solution.
Standard
All system activities such as transcations, user actions, config
changes, drawer opens, imports, integration data is loggged our
audit log. The audit log cannot be deleted.
Standard Standard
3 Solution allows authorized staff to void transactions. Voided transactions can be
independentaly authorized and monitored.
Standard
Voids can be set to require a supervisor override. All voids are
tracked and audited. There are specific void reports that are out of
the box.
Standard Standard
4 Solution reports should accurately report ALL transactions and include details (ex:
customer name, account number, transactions date/time; transaction amount;
purpose/description/mode of payment).
Standard
iNovah is a COTS system (commercial off the shelf) that is highly
configurable. You can determine what fields/data should be
captured. Payment screens are configurable and editble by the City
without programming using our included Form Editor tool.
Optional
Requires Customization
Optional
Requires Customization
5 Solution supports a direct interface and/or reporting tools to allow staff to
electronically export and import transactions into the city's JDE financial Solution.
Use of journal entries supported by appropriate reports is acceptable but not
preferred. Transaction information should integrate in a summarized format with
detailed transactions reports available in the point-of-sale solution. Format and file
specifications to be provided by the city.
Standard
This is common in almost every one of our clients. We have JDE
integrations in our client base now. GL Tender Details report is a
standard report in iNovah. It provide drill down capability from the
summary GL account data right down the transaction level without
leaving the report. The report also provides various grouping
operations. iNovah comes with over 110 standard reports. An
export to JDE GL has been proposed
Requires Customization Optional
Requires Customization
6 Interface between the point-of-sale and application should be electronic and support
pass-thru user authentication.
Standard
Interfaces between iNovah and host account receivable systems
are performed through application programming interfaces. No
need to manage user authentication in the host system.
Requires Customization Not Available
7 Have Information Technology and Finance department staff reviewed the proposed
solution and signed-off in hard copy?
8 Does the solution require the payment of a convienence fee and if so, how will the
conveinence fee be determined or calculated? (Please note, that any customer
payed convenience fee will need to be reviewed and approved by city administration).
Standard
Convenience fees/Services fees are configurable. The fees are set
by your agreement with your processor and we configure the fee in
iNovah. Fees can be set to be a percentage, flat or custom. Fees
must be shown separately on receitps and your customers must be
given the opportunity to cancel the transaction if they do not wish
to pay the fee. All of this is supported through configuration. We
can even permit the City to configure fee messages on the credit
card terminal as well as determine if the Customer should sign both
both fee and service payment or just once for both. There are a lot
of options for our clients when using service fees.
Requires Customization Not Available
9 Will the payments be directly deposited into a city held bank account?Optional (Payment Processor)Optional Optional
10 If payments are not deposited into a city held bank account, will the payments be
deposited to an authorized Washington Public Depository (Chapter 39.58 RCW)?
N/A N/A N/A
11 If payments are not deposited into a city held bank account, will the payments be
transferred into a city held bank account in a timely manner (preferrably 1 day, no
longer than 2 to 5 business days)?
N/A N/A N/A
12 Can the solution provide the most recent SAS 70, SSAE 16, AUP, Security, Disaster
Recovery, PCI, GLBA, NACHA, PIN, TG3 or similar reports?
3.2 PCI DSS
13 Can the solution vendor provide proof of insurance and/or surety bond?Standard Standard Standard
14 Can users/agency configure custom reports or data extracts?Standard
Agencies with MSFT SSRS reporting capabilites can create reports
and include them in the system. We have a built in adhoc query
module that is wizard driven and can be used to create custome
queries. These can be shared. Permissions for reporting apply to
custom/ad hoc queries.
Requires Customization Requires Customization
15 Does the point-of-sale and related equipment comply with the latest PCI and credit
card industry requirements (TLS, SHA, strong cypers, etc.)?
Standard
16 Does the point-of-sale system allow for the Interchange Fees tied to the transactions
to be passed along to the paying customer?
Standard Requires Customization Not Available
User Authentication / Security
1 Does the solution integrate with Active Directory for user authentication?Standard
SSO through AD integration is supported.
Not Available Not Available
2 If hosted solution and does NOT integrate with Active Directory, does the solution
support single sign-on?
Proposed not hosted Not Available Not Available
3 If the solution does not integrate with Active Directory, does it support complex
password requirements and allow the site to configure the password requirements?
Current standards require:
1) at least 8 characters in length,
2) 1 or more Upper Case characters,
3) 1 or more Lower Case characters, and
4) 1 or more Numeric or Special Character
Standard
password management is compliant and driven by the PA-DSS
requirements.
Standard
Requires customization to
meet requirements
Standard
Requires customization to
meet requirements
4 If the solution does not integrate with Active Directory, does it support password
changes every 90 days and remember the past 10 password used?
Standard
Last 8 Passwords
Requires Customization Requires Customization
5 If the solution does not integrate with Active Directory, does it support locking the
account after 3 failed login attempts?
Standard
5 failed login attempts
Standard Standard
6 If the solution does not integrate with Active Directory, does it support user passwords
being reset and require the user to specify a new password upon the next login to the
solution?
Standard Standard Standard
7 If the solution does not integrate with Active Directory, does it support automatically
disabling user accounts that have not been logged into for a configured amount of
time (such as 90 days)?
Standard Requires Customization Requires Customization
Records Retention / Public Records Requests
1 If solution is hosted, can the city report/export all of the resident data in the system for
city record retention purposes?
On premise proposed.Optional
Requires Customization
Optional
Requires Customization
2 If hosted solution, ability to report/export all resident data in system for preservation of
records?
On premise proposed.Optional
Requires Customization
Optional
Requires Customization
4 Will the system support standard or customizable reporting that will allow users to
specify criteria in order to retrieve all relevant records in support of a public records
request? Please describe.
Standard
There are many ways to access data in the database - there is an
entire section of reporing dedicated to research. The methods that
that may be employed to find data include: Using a find payments
capability, browsing payment data, using our 110+ standard
reports, using the Ad hoc query module to search. Most of the
reports are parametric allowing users to enter date parameter, and
select other grouping options to retrieve the data. Report data can
be exported in six different formats including, pdf, csv, excel and
word.
Optional
Requires customization to
meet requirements
Optional
Requires customization to
meet requirements
Web-based Solutions
1 Solution supports the currrent/latest versions of major browsers?Standard Internet Explorer 11 and 9 supported Standard Standard
2 If solution is site-hosted, does the architecture support currrent IIS versions?Standard Standard Standard
3 Does the solution support IOS-based devices?Not Available Not Available Not Available
4 Does the solution have and support an API/SDK for business system integrations?
Open application plug ins needed for:
Utility Billing (DataNow)
Licensing/Permitting (Kiva/FileLocal/State Business Licensing Service/B&O Tax
Portal/Laserfiche Imaging System/JDEdwards)
Standard
API that provides access to any integrations created to host
accounts receivable. We have discussed the integrations to the
systems identified and our API with the City. iNovah is an
Enterprise Revenue Management Hub that integrates to host AR
systems to inquire on amounts owing, take a payment and update
the host with the payment information. We are of course propsing
a GL update through a batch (file export proess). This approach is
standard across our client base. iNovah has been integrated over
700 times to almost every accounts receivable system used by
modern governments today.
Requires Customization Requires Customization
Database for Solution
1 For on-site solutions, is the solution certified to work with currently supported SQL
Server versions?
Standard
In Q1 of every year, add support for newly released versions of
Microsoft environments (sqlserver, web server, windows, etc.)
Standard
When applicable
Standard
When applicable
Operating Systems
1 For on-site solutions, is the solution certified to work with currently supported versions
of Microsoft Server operating systems?
Standard Standard No
2 For on-site solutions, is the solution certified to work with currently supported versions
of Microsoft workstation operating systems?
Standard Standard No
Certification and Compliance
1 List the security certifications or independent audits the solution has successfully
completed and achieved. These may include, but are not limited to: HIPAA, PCI,
SSAE 16, ISO 27001/2, FRPA, NIST 800-63 and 64, FTI, CJIS, or others.
Standard PCI
PA-DSS validation to Version 3.2
Requires Customization
Based on Customer
Requirements
Requires Customization
Based on Customer
Requirements
2 Describe the solution’s capabilities to maintain security and control for documents that
are shared or exported. Examples may include time-limited access, revocation and
printing
Standard
Max idle time based on PCI rules for auto logout is 15 minutes.
Requires Customization
Based on Customer
Requirements
Requires Customization
Based on Customer
Requirements
3 Describe how the solution supports logging of user activity in local system logs Standard
See description for requirement 2. - Cashiers can be monitored in
real-time. Everything happening in the system is recorded to the
audit log including login attemps, successful logins, cash drawer
opens, config changes, overrides, reason codes are required for
many functions (voids, overrides, approvals etc.)
Standard
Reports
Requires Customization
Based on Customer
Requirements
Business Continuity / Disaster Recovery / Performance
1 If hosted solution, is there a redundant system in place in order to ensure high
availability and operation?
Standard
Although we are not proposing hosted. iNovah supports the
Microsoft High Availability architecture capabilities
Standard Standard
2 If hosted solution, mitigation plan for worst case scenario (disaster recovery) and time-
frame for recovery?
On premise proposed. Responsibility of the City.Standard Not Available
3 Describe the solution's ability to encrypt or manage storage of data at-rest / inactive.Standard Not Available Not Available
4 Per the vendor's recommended server architecture, please describe the number of
servers and their associated use/roles for the solution proposed. Please provide and
diagrams and related server requirements.
Standard
Regional Municipal Vendor References
1 Please provide lists and contact information for agencies (preferably government and
city customers) in Washington or Northwestern States
Seattle/Tacoma/Spokane/Peoria, KS Edmonds/Tumwater/Walla
Walla
Bremerton/Renton/Puyallup
Agenda Item: Consent Calendar – 8D_
TO: City Council
DATE: March 6, 2018
SUBJECT: Jackson Food Mart RECC-2143483 Bill of Sale – Accept
SUMMARY: Jacksons Food Store No. 633 is located at 22588 84th Avenue South. The
bill of sale transfers the following to Kent:
A. New streets, together with curbs, gutters, sidewalks and/or any other
appurtenance on 84th Avenue South from STA 20+50.00 to STA. 20+50.00 (BCE
Plans), including 200 linear feet at $30 per linear foot of 10’ wide concrete.
B. Frontage Improvements together with lights, trees, landscaping (except residential
streets) and/or any other appurtenances on 84th Avenue South from STA 20+50.00
to STA. 20+50.00 (BCE Plans), 200 linear feet at $10.00 per linear foot of berm
and planting of landscaping.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
STRATEGIC PLAN GOAL(S):
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
MOTION: Authorize Council to accept the Bill of Sale from PacWest Energy,
LLC (DBA Jackson Food Stores) for items A and B, as detailed in the
summary below.
This page intentionally left blank.
MAIL TO:
CITY OF KENT
ENGXNEERING DEPARTMENT
ATTN: Eric Smith
KENT Z2A - 4TH AVENUE SOUTH
KENT, WASHINGTON 98032WrsHrNorox
Project:
Permit #
Location
2143402
22588 84th Avenue South
Parcel #: 182205-9355 . . -
BILL OF SALE
CITY OF KENT
KING COUNTYT WASIIINGTON
THIS INSTRUMENT made this 13fiL.. day of Auqust 20 15 , by and between
PacWest Enerov. LLC {DBA Jacksons Food Sforasl , hereinafter called
"Grantors", and City of Kent, a municipal corporation of Klng County, State of Washlngton, herelnafter called
"Grantee":
WITNESSET}I:
That the sald Grantors for a valuable consideration does hereby grant, bargaln, sell to Grantee the following
described improvements :
A. wATERMATNS: (NOT APPLICABLE)
Together with a total ot _ gate valves at $ - pach, . hydrants at
$each and/or any other appurtenances thereto,
AN
(street, eascment, elc.)
FROM TO
Irtcluding linear feet at $ *--__ per LF of -.-
(size & type) _ waterline,
B, SANITARY sEwERs: (NOT APPLICABLE)
Together with a total of
thereto,
manholes at $ _ each and/or any other appurtenances
4,ry
(street, easement, elc.)
FBOU
Including llnear feet at $
--
per LF of
Bill of Salel of 5
T,g
43483
(size & type)
-
sewerllne.
C. NEW STREETS.:
Together wlth curbs, gutters, sidewalks, and/or any other appurtenances
gN FLOII
(street, easement, etc.)
84TH AVENUE S.STA.20+50.00
Including 200 linear feet at $30.00
(size & type)sidewalk (improvement).
D. FRONTAGE IMPROVEMENTS:
Together wlth lights, trees, landscaping (except residential streets) and/or any other appurtenances
gN FRoM ro.
(street, easement, etc.)
q4TH AVEI-{LES- srA. 20+50.00 sl'Ai 22+50.00 (oN Bc.-E, PLANS)
Including 200 linear feet at $10.00
(slze & type) . l3ndscapinq -.- (improvement)
E. sfoRM sEwERs: (NOT APPLICABLE)
Together wlth a total of manholes at $
basins at $each,
with a total cost of $I
wlth a total cost of $ 'and/or any other appurtenances thereto.
gs
(street, easement, etc.)
FROM
Including linear feet at $
(size & type)sewerllne
To have and to hold the same to the said Grantee, lts successors and assigns forever.
The undersigned hereby covenants that it is the lawFul owner of said property; and that the same is free
from all encumbrances; that all bllts for labor and materials have been paid; that lt has the right to sell
the same aforesaid; that it wiil warrant and defend the same against the lawful claims and demand of alt
person(s),
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and
assigns to incorporate said utilities in its utllity system and to maintain them as provlded ln the applicable
Clty Ordinances. The City accepts the items subject to staff approval and completion of a 2 year
maintenance period.
Bill of Sale
2of5
Il}
STA. 2?+50.00 (qcE PLANS)
per LF of 10'Wide concrete
per LF of berm & Plantinq
each or total of catch
LF of biofiltration swale or dralnage dltch
cublc feet of detention pond storage
!a
per LF of
IN WITNTSS
/4t^
WHEREOF, the undersigned has caused this lnstrumenl to be executed on this
day of ' E t" "'"'zo/5 '
P*ctJ
!(oetr-',<e--t*.
<b Cte\
IN WITNESS WIIEREOF, the undersigned has caused this instrument to be executed on thls
day of ,2A _.
X
'J '(
ED\TP
STATE OF T'tfffiJNXfi{ERTFT
couNrY oF# Ab&
On this L day of , zo /,{ , before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Cbrv Tackson to rne known to be the lndividual described in and
who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this
instrument as his,/her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this &t il Ct { ort- zo /fday of
rllllf
BUR bt tn the State of A&"1^oqlFnr reslding at
\
U
My Commission Expires:
/L-/tr44
ss
)
)
)
II+A
tfrttl
Bill ol Sale
3of5
STATE OF WAS}IINGTON
COUNTY OF KING
On this
appeared
and
the
they are authorlzed to execute the sald lnstrument.
Witness my hand and official seal hereto affix the day and year first above wrltten.
Bill of Sale
4of5
sg
)
)
)
day of , 2O
-,
before me, the
undersigned A Notary Public in and for the State of Washington, duly commlssloned and sworn, personally
and to me to be the
respectively of
that executed the foregolng
instrument, and acknowledged the said lnstrument to be the free and voluntary act and deed of sald
for the uses and purposes therein mentloned, and on oath stated that
Notary Publlc ln and for tha Stata of
Washlngton, residing at
ltly Commiseion Explres:
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washlngton, on the -- day of
KENTrffAEHrNrrToN
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for Jacksons Food Store No.633 project
dated Auoust 13. 2015 , for the same 53id Jacksons Fogd $Lol-e Ng-633
project Patrick Taitano. P.E the undersigned
P.E. or land surueyor is the person responsible forthe preparation of the Bill of Sale and
is an employee of Barqhausen Consultino Enoi nc , the firm
responsible for the preparation of the record drawings'
nature
( Englnaer stam p required)
/s/ts
Bill of Sale
5of5
This page intentionally left blank.
Agenda Item: Consent Calendar – 8E_
TO: City Council
DATE: March 6, 2018
SUBJECT: Kent Regional Trails Connector – Accept as Complete
SUMMARY: This project consisted of the construction of a new east-west multi-use
trail connecting the existing Green River Trail to the Interurban Trail. The trail location
is adjacent to the Green River Natural Resources Area and included the installation of
rectangular rapid flashing beacons at 64th Avenue and 72nd Avenue, a new “HAWK”
signal at the crossing of West Valley Highway, as well as a new non-motorized bridge.
The bridge was constructed across Mill Creek on the east end and connects to the
Interurban Trail.
The Public Works Department competed for and was successful in obtaining a
$1,125,368 federal grant to help pay for this project.
The final contract amount came in at $1,302,055.95 which was $115,830.49 over
budget. The original contract amount was $1,186,225.00.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: Funding for this project was provided by a federal grant from the
Federal Highway Administration in the amount of $1,125,368.00. The City’s funding
match was $176,635.00.
STRATEGIC PLAN GOAL(S):
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
MOTION: Authorize the Mayor to accept the Kent Regional Trails Connector
Project as complete and release retainage to Pivetta Brothers Construction
upon receipt of standard releases from the state and the release of any
liens.
This page intentionally left blank.
Agenda Item: Consent Calendar – 8F_
TO: City Council
DATE: March 6, 2018
SUBJECT: Goods and Services Agreement with Western Systems, Inc. for Traffic
Signal Cabinet Lifecycle Replacements – Authorize
SUMMARY: Traffic signals are controlled by electronic components within the traffic
signal control cabinet. These components include the controller, malfunction monitor,
bus interface units, vehicle loop amplifiers, emergency vehicle pre-emption module,
load switches, flasher module, flash tray transfers, and cabinet power supply.
These cabinets and components have a 20-year life expectancy, but several in the City
system have exceeded that time frame. Although they are still functional it is very
difficult to find parts or components when items fail and need to be replaced. These
controllers do not have the capability of running a more complex signal with flashing
yellow arrows.
These cabinets will be purchased off the state contract, which includes negotiated
prices that assume a higher volume of goods.
EXHIBITS: Goods and Services Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY: N/A
BUDGET IMPACTS: Included in the B & O budget.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
MOTION: Authorize the Mayor to sign a Goods and Services Agreement
with Western Systems, Inc., for the purchase of six traffic signal cabinets
and plug-in electrical components in an amount not to exceed
$170,176.25, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
This page intentionally left blank.
GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Western Systems, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Western Systems, Inc. organized under the laws of the State of Washington,
located and doing business at 1122 Industry St., Building B, Everett, WA 98203, Phone: Phone (425) 438-
1133, Contact: Robert Nims (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall supply 6 traffic signal controller cabinets wired per City of Kent's
specifications. For a description, see the Scope of Work and Vendor's quote which is
attached as Exhibit A and incorporated by this reference.
Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by June 30, 2018.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred
and Seventy Thousand, One Hundred and Seventy Six Dollars and twenty five cents ($170,176.25),
including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in
this Agreement. The City shall pay the Vendor the following amounts according to the following schedule:
The payment terms shall be net 30 days after delivery of each complete controller cabinet
as described in the Vendor's quote.
GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make
every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor’s services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, Vendor must submit a written amendment request to the person
listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days
of the date Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests
for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the amended work; however, the Vendor may elect to protest the adjustment as provided
in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor’s receipt of notification from the C ity of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor
shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this
reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at
Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the
performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR:
By: (signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By: (signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Robert Nims
Western Systems, Inc.
1122 Industry St., Building B
Everett, WA 98203
(425) 438-1133 (telephone)
(425) 438-1585 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
EEO COMPLIANCE DOCUMENTS - 1 of 3
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
lfesfsrnSystems
1iìno!¿ii!e i l;n:p+;;at;or 5i;i;ircns
1 122 Industry Street, BldS. B
98203
Phone (425) 438-1133
42
Jan 31,2019 Quotation # WSQ WA-RN3599SC
Attention: Mike Sorensen / City of Kent
Quotation -P+ fl-S2-1) 64Ch Knockdown
We are pleased to provide this quotation for controller cabinets and plug-in electronic equipment. All Euipment can be purchased
through WSDOES Contract # 04616 will all applicable discounts factored into the pricing. lf you have any'questions, pbäse let us
know.
Bid ttem #1:Type P-Plus (tS2-1) 64CH Cabinet
6 - Type P+ controller cabìnet wired per City of Kent (TS2-1) specifications and including: Type P+ aluminum (2-door) enclosure
(unfinished outside / white inside), UL listed with continuous welds, rolled stock handle on main door, hex handle on side
door, Bestru CX core locks and riser frame (unfinished) with; 1G-position (TS2-1) load bay, AC ouflet panel, auxiliary
switchpanel,detectorpanel64channel,(1)detectorrackwiredforl-BlU/16-channásofdetection/4-preemþtion
channels, (3) detector racks wired for 1 - BIU / 16 - channel of detection, fan & thermostat assemblies, load iesistor panel,
relay UPS load shedding panel, power supply interface panel, power panel, (4) TS2 cables, generator transfer cable, (4)
unused phase línks and final assembly
Western Systems Part # 3012500005, 3310000000, 2510513017, 2010000040
lncludes the following plug-in devices:
1 - Smart monitor 16 channelenhanced MMU w/FYA support & Ethernet
Eberle Design. lric, (EDl) Part # MMU2.16LElp
1 - Power supply shelf mount 5A
Eberle Design. lnc. (EDl) Part # PS250
6 - Bus interface unit % width
Eberle Design, lnc. (EDl) Part # BIU-700H
16 - Load switch cube with l/O indicators
Power Distribution & Control (PDC) Part # SSS-B7|/O
1 - Flasher cube
Power Distribution & Control (PDC) Part # SSS-87
6 - Flasher transfer relays
Dehol Part # 295
16 - Loop amplifier 4 channel %width TS2 LED disptay
Eberle Design. lnc. (EDl) Part # LMD624H
1 - UPS power module 1100W w(6) retays & 120V inpuUoutput tp/SNMp
Alpha Part # FXM1100UPS/SNMP
1 - Automatic transfer switch assembly with surge & RpA 120V
Aloha Part # 020-168-25
1 - Remote battery management system; conholler, sensor interface cables, CatSe cables (4) BS3B-12-4 Ee sensors
Alpha Part # 0370260-002
1 - Battery cable harness kit 48V 9.8ft 7*20 terminals
Alpha Part # 740-628-27
4 - BatteryAlphaCell220GOLD-HP cXL 1094H/73tb
Aloha Part # 220G0LD-HP
$ 25.589.80 unit $153.538.I extended
EXHIBIT A
lÅlestarn$ysfems
¡iltiÌ-,¿ ii!r Ì:¡rspöfl .3:¡Ðn Sô;ul¡ûns
1 122 Industry Street, Blde. B Phone (425) 438-1 133
Everett 98203 Fax (42s) 438-1585
Bid ltem #14;WSDOES Processing Fee
1 - WSDOES usage fee at0.76o/0.
Western Systems Part # 9999999900
$ l.l66.s I lumo sum
cl
Purchase Order: All purchases require a formal purchase order. Emails or verbal cornmuniøtion does not constitute
Delivery: 90-f 10 days after release.
Frekrht Terms: FOB DestÍnation.
an ãcEþïãble purdase order.
Validity Period: 60 days from date ofquotation.
Taxes: Unlæs cunenl resale certiføte is on file wiür Wætem Systems, purdraser shall be ræponsible fø all, tariffs, duties or sales or use taxes in addition to hequoted prie herein.
Pavment Terms: Net 30 days / we impose a surdurge of 2% on the tansac{ion amount on VISA and Master Card øedit card products, which is not greater üran
our cost of acceptance. We do not surcharge VISA and Master Card debit cards. All prices are quoted as USD funds.
Non-P-avnent Perìalties: lf payment has not bee¡ received within tams, üre purchaser will be considered in default Westem Systems will be entifed, wifrout
prejudice to our oher rights, witrout sewing notiæ of default, to ctrarge ûre purdraser for all cosb incurred such as administration, storage, legal advice etc. The
unpaidporfÍonofanyamountdueloWestemSystemswill bearinterestatherateof 1.5%pømonthsimpleinterest WestemSystemsiæeÑestherighttohold
goods until atstomer balances heir acccx.¡nt
glgdig0f: Upon Buyer default of hæe terms, Western Systerns may, in addition to any oher rights ø remedies at conhact or law, dedare he entire balance of
Buyer's account immediately due and payable. lf unpaid balance is refened for collections, Buyeiagrees to pay Westem Systems, to the extent permitted by law,
reasonable aftomey fees in addition to all damages oürenrvise available, plus any canrt æsb oi expãnses inäuied ly Westãm Syétems, ptus any nnanæ *ra[ó
accrued on any unpaid balance owed by Purdrasø.
9Émen¡+-Qaneella- lion Policf: Order deferment ø cancellation once materials have been released will be subject to cancellation and/or restocking fees.
DocumentAlion: Any operalional documentaüon supplied as a part of his quotation remains he property of Westém Systems and may not be copied]reproduced,
transmitted ø communicated to 3d parties wibout he express written consent of western Systems.
9n-Site Servicqs: This quotation does not provide or imply any on-site support services for lhe producb on üris quotation unless mentioned specifiølly as part of
this quotation. Quotations for support services will be made upur request by purdraser.
WanAlU: Standard one year wananty on matøial goods manufacfured ø iupplied by Westøn Systems from the date of manufacfurers factory shipment unless
supaseded by an additional manufaciurer's wananty, provided such goods are maintained and oþaated in aæudance with manufacturers standard mehod of
operation. For additional information on Westem Systems wananty; please send an email to info@westemsvstems-inc.com
Retum ald Rætocking.Policy: Westem Systems will be the sole source in delermining whether any tten ts e gible for retum. To be eligible the item(s) must be
standard produc{ models, neu/ and unused, in $re original packaging, and invoiced wihin the last g-0 days. Rıtocking fees are applied"to all returs'ahd .an uary
between 20-50% based on annualsalæ ac'tivity. ln no case will Westem Systems be obligated to take retums for maierials that áre obsolete, ctstom orders orpast he 90day invoice period.
EQIçe lrAieule: Westem Systems, lnc. shall in no evenl be ræponsible fø delays in performance due to actions beyond its reasonable control including wiürout
limitation ac{s of God, skikes, labor shortage or disfurbance, llre, aæident, war,'civil disfurbance or canier delays.
Westem Systems, lnc aæepls no liability for enors or ornissions or he aæuracy ø he completeness of tris qúotation. lt has been prEared to fre best of our
knowledge per plans, specificalions, doc¡¡mentation and communiætions provided but we dô not guarantee hese to be acqrrate or of the latest revisiø1.
Determination of acaracy of this Cugtatlgn and final quantities are $e soleræponsibility of recipiãnt. Wætern Systems, lnc. shall in no event be liable br any
special, consequential, incidental or liquìdated damagæ (including wiûrout limitation damagæ for loss of use of fäciiltiæ ø equipmenl loss of revenue, loss ofprofb or loss of goodwill), rEardless of wheürer sellø (a) has been informed of the possibility of sudr damages or (b) is negltgånt
Sincerely,
WESTERN SYSTEMS
P,"ltarl W. N;rt-,
President
2
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Agenda Item: Consent Calendar – 8G_
TO: City Council
DATE: March 6, 2018
SUBJECT: Contract with GeoEngineers for Kent Airport Levee FEMA Conditional
Letter of Map Revision Application - Authorize
SUMMARY: The Kent Airport Levee is located on the left bank (south side) of the
Green River, between SR 167 and the Union Pacific Railroad Tracks.
In previous FEMA preliminary floodplain maps, the area protected by the Kent Airport
Levee was shown to be mapped in the FEMA floodplain. Businesses and properties that
are mapped in the FEMA floodplain are faced with lower property values, strict
development regulations, and often are required to secure FEMA flood insurance
policies. FEMA has agreed to temporarily “seclude” this area from FEMA floodplain
mapping, due to the ongoing engineering work on this accreditation plan.
This contract with GeoEngineers, Inc. is to prepare a Certified Letter of Map Revision
(CLOMR) submittal package to submit to FEMA. The work includes soils testing,
geotechnical analysis of the proposed levee alignment, and hydraulic modeling of the
Green River. The CLOMR package will include a preliminary design and levee
certification study for the Kent Airport Levee.
EXHIBITS: Consultant Services Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY: N/A
BUDGET IMPACTS: Funding for this contract will come from budgeted drainage utility
funds.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
MOTION: Authorize the Mayor to sign a Consultant Service Agreement with
GeoEngineers, Inc., for engineering services on the Kent Airport Levee
FEMA Conditional Letter of Map Revision application in an amount not to
exceed $364,807.00, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
GeoEngineers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington,
located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-
4940, Contact: Lyle Stone (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall assist with the preparation of the Conditional Letter of Map Revision
(CLOMR) submittal package for the Kent Airport Levee project. For a description, see the
Consultant's Scope of Work which is attached as Exhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Three Hundred Sixty Four Thousand, Eight Hundred Seven Dollars ($364,807.00), for the
services described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section I above, and shall not be exceeded without the
prior written authorization of the City in the form of a negotiated and executed amendment
to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing rates shall
be as delineated in Exhibit B.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Lyle Stone
GeoEngineers, Inc.
1101 S. Fawcett Ave., Suite 200
Tacoma, WA 98402
(253) 383-4940 (telephone)
(253) 383-4923 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
GeoEngineers - Kent Airport Levee 2/Lincoln
EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
GeoErucn ze^s1Q
1101 South Fawcett Avenue, Suite 200
Tacoma, Washington 98402
253.383.4940
EXHIBITA
cEoENctNEERS, tNC.
KENT AIRPORT LEVEE CLOMR APPTICAT¡ON
LEFT BANK OFTHE GREEN RIVER, FROM VETERANS DRIVETO SOUTH 2O4TH STREET
KENT, WASHTNGTON
JANUARY 26,2OLg
FILE NO. 0410-199-00
INTRODUCTION AND PROJECT APPROACH
The purpose of this project is to construct and certify the Kent Airport Levee flood protection system. This
will protect for a portion of Kent located south of the Green River, north of South 277th Street and in
between State Route (SR) 167 and the Union Pacific Railroad right-of-way (ROW). The tevee system wiil be
used to revise Federal Emergency ManagementAgency (FEMA) Flood lnsurance Rate Maps (FlRMs) through
the Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) process. This phase of
the project includes preparing the CLOMR submittal package for the City of Kent (City). tt is anticipated that
the CLOMR can submitted to FEMA for review about six (6) months after receiving notice to proceed. We
have attached an estimated project schedule that anticipates receiving notice to proceed by February 26,
2OLB and submitting the application September tO,2Oi,8.
For the purposes of developing this scope and budget, we have assumed that the proposed ring levee
alignment adjacent to the Union Pacific Railroad ROW will not require substantial changes to existing
utilities. Once we begin our analysis we will evaluate this and other assumptions to determine if the
alignment or other work elements will need to be modified. ln the event that this or other assumptions are
found to be invalid we will promptly notify the City and work to modify the project approach and scope as
needed. There is a contingency task included in this scope to address some of these potential issues.
This design will be based on Phase I of the two-phase approach outlined in our Draft Conceptual Design
Alternatives Analysis. The intent will be to use existing infrastructure to the extent practical to provide
protection based on the 100-year design flood. lf new levee sections or modifications to existing sections
are required, the new levee sections will be designed either for the 5OO-year flood level (floodwalls) or so
that they can be easily modified to the 500-year flood level (embankment levee) in the future. Analysis
provided for the CLOMR will be based on the 100-year flood tevel.
City of Kent January 26, 2018 PaCe 2
SCOPE OF SERVICES
Task l. Project Management and Team Coordination
Activities
r Coordinate work flow between GeoEngineers, NHC, and City of Kent. We will initiate discussions
with FEMA as needed to confirm project specific constraints or concerns regarding the CLOMR
process for this levee segment.
¡ Organize project coordination meetings. The purpose of these meetings will be to: (1-) update the
City on project progress, (2) request information from the City as needed, and (3) seek input from
the City regarding design decisions. We anticipate that 1- to 2-hour coordination meetings will be
scheduled every other week or twice per month for the duration of the project.
r Attend one meeting, if needed, at the FEMA Region X Offices in Bothell, Washington to discuss
levee alignment or other project constraints.
r Attend one meeting, if needed, at the Washington State Department of Transportation (WSDOT)
Regional Offices to discuss franchise agreements or other project constraints.
Deliverables
r Meeting agenda, minutes, and action items, as appropriate.
Assumptions
t City of Kent will lead coordination efforts with King County, WSDOT, and other local agencies as
required.
Task 2 Levee Stability Analysis and Gertification
Activities
I Review and compile existing subsurface explorations and develop a subsurface design profile. We
will review documents provided by the City of Kent and from our in-house files. We will also search
public records (wsDor and King county)for data from adjacent roadway projects.
I lmplement a subsurface investigation program. We will advance 15 to 20 subsurface explorations,
or about one exploration per 650 to 900 feet of levee, 30 to 6O feet below ground surface (bgs).
We will use a combination of mud-rotary borings and Cone Penetration Test (CPT) soundings. We
have assumed a total of 2OO linear feet of mud-rotary drilling and 600 linear feet of CPT soundings
in our budget estimate. Our subsurface exploration program will include:
' Coordinating clearance and location of existing underground public utilities in the project area.
We will contact the Washington Utilities Coordinating Council "One Call" service prior to
beginning explorations. We request that City of Kent personnel confirm that exploration
locations are clear from potential damage to City-owned underground utilities.
' Obtaining street use and ROW access permits from City of Kent and King County, as
appropriate.
' Completing laboratorytests on representative samples of the soils, includingtests for moisture
content, density, Atterberg Limits and particle size distribution, as appropriate.
File No. 0410-199 00
GroErucln ÊER;J/
City of Kent January 26,2O7-g Page 3
r Perform foundation stability and seepage analyses for earthen levees and global stability analyses
for structural floodwalls using the Seep/W and Slope/W computer programs. We will evaluate cross
sections under the conditions outlined in U.S. Army Corps of Engineers (USACE) Engineering
Manual EM L7LO-2-t913 "Design and Construction of Levees" and USACE Engineering Circular EC
tIlO-2-6O67 "USACE Process for the National Flood lnsurance Program (NFIP) Levee System
Evaluation." The design cases that will be evaluated include End of Construction, Steady State
Seepage during Full Flood Stage, Sudden Drawdown, and Seismic. We anticipate the stability and
seepage analysis will include an evaluation of thirteen (13) cross sections.
r Perform a seismic deformation analysis of the levee as appropriate. We will evaluate potential
seismic deformations of the levee and floodwall system based on the results of the stability analysis
and using a simplified Newmark displacement analysis.
r Perform a settlement analysis of the levee embankment that assesses the potential for settlement
of the levee to reduce freeboard over time. The settlement analysis will be based on methods from
the USACE Engineering Manual L1,!O-!-79O4 "Settlement Analysis" and standard locat
engineering practice.
r Provide a preliminary analysis of floodwalls. We will evaluate floodwalls in accordance with FEMA
and USACE requirements forfloodwall design. We will evaluatefloodwalls forstability in accordance
with USACE EM ttlo-2-2502 "Retaining and Floodwalls" and EC 77tO-2-6O66 "Design of l-Walls".
Deliverables
r Draft and Final Levee Analysis and Certification Report.
Assumptions
¡ Structural detailing (design of steel reinforcing or connections) of floodwalls will not be required for
the 30 percent design.
t Detailed seismic analysis such as a site-specific seismic analysis or finite difference numerical
modeling of seismic deformations will not be required.
Task 3 Hydraulic Analysis
Hydraulic analysis will be performed by NHC with oversite and coordination from GeoEngineers. NHC's
scope of services is attached and includes additional information regarding details of the technical analysis,
deliverables, and assumptions.
Activities
r Perform an interior drainage analysis to determine residual flood levels inside the accredited ring
levee due to backed up stormwater lines during periods of high river flow. This analysis will be used
for a frequency analysis to determine 100-year ponding water surface elevations landward of Green
River outfalls.
I Use the results from the Flo2D model completed in Phase I of this project and interior drainage
analysis to remap the flood hazard zones and Base Flood Elevations (BFEs) that would change as
a result of the proposed levee accreditation. The 100-year results will be used for flood mapping
while the 5OO-year results will be used to determine necessary levee crest elevations.
File No. 0410 199 OO
G¡oEncrn EÊRIJ/
City of Kent January 26,2OL8 Paée 4
Deliverables
r Tabulated lOO-year water surface ponding elevations incorporated into the floodplain maps.
¡ A workmap as well as annotated FIRMs for each FEMA map panel will be created in pdf file format
suitable for inclusion in a CLOMR submittal.
r GIS shapefiles of the revised flood hazard zones and BFEs.
r Technical memorandum documenting the model results, mapping, and scour/embankment
protection considerations.
Assumptions
I No additional Flo2D model runs are required. Modeling completed in Phase I of this project will be
used.
I The 100-year flow will be from the FIS study. The 500-year flow is from a 2012 USACE study.
r City will provide stormwater infrastructure data in GIS shapefile format.
I Our budget includes one-half day of field work to spot verify the stormwater outfall information. No
other field work is required.
r Two FEMA map panels will require revisions, located alongthe left bank of the Green River. Revision
of the right bank flood hazard zones are not required.
I Maps are not required for the 500-year results since this flood simulation will only be used to inform
design.
t There are no model cross sections in the bend of the river adjacent to the Kent Airport Levee.
Therefore, the scour analysis will be performed using reach-averaged HEC-RAS hydraulic results.
No survey is budgeted.
r One round of revisions to the work products is budgeted for following City comments, and one
round following FEMA comments.
Task 4 Biological Assessment and Wetlands Analysis
Activities
r Research baseline environmental conditions by reviewing published documentation to develop an
understanding of the baseline conditions prior to conducting the field reconnaissance.
r Complete a field reconnaissance to delineate the ordinary high water mark (OHWM) and wetland
extents, as well as assess riparian buffer conditions within the project area.
I Coordinate with City's surveyors to record the OHWM and wetland boundaries identified during the
field reconnaissance.
I Produce a draft Wetland/Stream Critical Areas Assessment report according to local City of Kent
code. This report will address regulated wetlands, streams, and wildlife habitats that occur with¡n
the project area. ln addition to written documentation, GeoEngineers will prepare figures depicting
the regulated areas with the project that may be impacted by the project; figures will be developed
based on information provided by the City of Kent, including professional land survey of wetland/
F¡le No.0410-199-00
GeoEncn EERIJ/
Cityof Kent )anuary 26,2OL8 Page 5
OHWM boundaries. This information will be used during development of the 30 percent design, as
well as incorporated into the Biological Assessment report as applicable.
r Produce a draft Biological Assessment (BA) report according to the Guidance for Compliance with
Endangered Species Act from Letter of Map Change document provided by FEMA. ln addition to
written documentation, GeoEngineers will prepare figures depicting the general location of the
project and the area that will be impacted by the project.
r Update the draft Critical Areas Assessment and BA reports based on one round of comments from
the City, and produce final reports.
r Provide an estimate, in terms of acres, of wetland creation or improvement that could be required
to mitigate for potential impacts to wetlands and/or wetland buffers.
r Submit the final BA report to the Services (National Marine Fisheries Service tNMFSI and U.S. Fish
and Wildlife Service [USFWS]) to initiate Endangered Species Act (ESA) consultation. Coordinate
with the City and the services to document concurrence with the effect determinations from the BA
report.
r lf review and comment cannot be obtained from the Services, written documentation of our
attempts to contact the Services will be provided in accordance with the process identified in the
FEMA guidance document.
Deliverables
l Draft and Final Wetland/Stream Critical Areas Assessment Report.
l Draft and Final BiologicalAssessment Report.
¡ Written concurrence letters from the Services or written documentation of attempts to contact the
Services if letters from the Services cannot be obtained.
Assumptions
r No work will be proposed below the OHWM.
r Design of mitigation measures for impacts to wetlands or wetland buffers will not be included in
the 30 percent design.
r The project will be assumed to have no effect or be not likely to adversely affect ESA-listed species
that may occur in the project area. Formal consultation with the Services is not anticipated.
r Property access and right-of-entry will be arranged by the City and granted to GeoEngineers in order
to complete the fieldwork identified above.
r City will provide professional land survey of wetland and OHWM delineations. OHWM delineation
will exclude the Green River. We understand the Green River hydrograph is dam-release controlled
and the controlled elevations are known throughout the project reach. OHWM for the Green River
will be based on these data and topographic data.
Task 5 Levee 30 Percent Design
Activities
r Evaluate the proposed levee alignment adjacent to the Union Pacific Railroad. We will initiate
contact with the railroad and PSE to identify design constraints. We understand that the City of
File No.0410'199-00
GroEruc¡r EERSJ/
Cityof Kent January 26,2OL8 Page 6
Kent will contact King County to identify design constraints and standards for the lnterurban Trail.
We anticipate that design constraints will include: minimum width and grade requirements for the
trail, minimum lateral clearance from the railroad, impact resistant structure requirements from
the railroad, floodwall crossing requirements from the railroad, vertical and lateral clearance from
the overhead power, and lateral clearance from the base of power poles.
lntegrate survey provided by the City with L¡ght Detection and Ranging (LiDAR) data to provide a
base map suitable for 30 percent levee design. The City provided survey will include utilities,
topography, property lines, wetlands and OHWM (as delineated by GeoEngineers), top of bank,
significant ground features such as trails, pavement and structures, and other important
information. GeoEngineers will supplement the City provided base map with LiDAR in areas where
necessary.
Review river modeling data and extract relevant flood elevations as the basis for design, and, based
on flood protection criteria provided by the City, determine the design levee crest elevations.
Develop a levee alignment and stationing consistent with City protocols.
Develop of summary table of key design data (i.e., existing ground surface elevations, river flood
elevations, levee crest elevations) at 100-foot intervals for project team review.
Prepare 30 percent design drawings consisting of the following (drawings will bear the uns¡gned
seal of a professional engineer):
' Approximately 25 to 3O sheets in plan and profile format at 1 inch = 20 feet scale. The
alignment is assumed to extend along the lnterurban Trail from the Green River, south to South
277tt' Street, west along South 277Û' Street lo 72nd Avenue South, north in the City ROW along
72nd Avenue South to the Green River, and along the Green River between SR 167 and the
lnterurban Trail.
. Cover Sheet
. Construction Notes
. Sheet Layout Overview drawing
' Levee typical sections drawing. Typical levee sections are expected to consist of floodwalls and
low permeability soil embankments which include an asphalt path on the top and topsoil side
slopes.
' Temporary erosion and sediment control notes and detail sheet (based on typical City details
and notes).
Plans will be prepared using City of Kent design and drafting standards.
r Prepare 30 percent design level estimate of construction costs.
I Prepare a brief memorandum summarizing the design elements and design criteria, overview of
potential impacts to wetlands, utilities, properties, traffic, and local businesses, est¡mated project
construction cost (assuming construction of entire project in one effort, no phasing), and
recommendations/data gaps related to final design. A summary table identifying how the design
meets NFIP 65.10 requirements will be provided.
File No. O41O 199'OO
GeoEre rru EER;J/
C¡tyof Kent January 26,2078 PaCe 7
Deliverables
I Brief letter with figure showing the proposed alignment and levee section types, with description of
the rationale for the proposed features, including data table of elevations.
r Draft and revised 30 percent des¡gn level drawing set.
r Draft and revised 30 percent design level estimate of construction costs.
Assumptions
r The City owns or will purchase property as needed for the levee footprint and access easements
for levee maintenance. The City will arrange for access agreements for GeoEngineers staff to enter
property owned by others if needed.
I The following obstructions and design issues will not be addressed in detail, only in a conceptual
manner for the 3O percent design drawings:
' Sanitary sewer pump station adjacent to proposed levee ROW along SR 167 will be shown to
be surrounded by floodwall as needed. No modifications to pump stations are expected.
' Olympic Pipeline within proposed levee ROW along the lnterurban Trail from the Green River
south to South 277th Street.
' Puget Sound Energy pipeline within proposed levee ROW along lhe 72no Avenue South.
' HiSh voltage overhead powerline in proposed levee ROW along the lnterurban Trail will remain.
High voltage powerline design constraints will be identified prior to 30 percent design and will
not require changes to the scope.
' Overhead power and underground power in the levee ROW along and across numerous areas
of proposed alignment, including preliminary identification of utilities that may need to be re-
located, and overhead power lines that may need to be relocated or raised.
I Access roads connecting to the proposed levee crest access road will be designed at the
conceptual level.
r Levee embankment tie-ins or crossings at existing roadway embankments or railroad
embankments will be not be addressed in detail, only in a conceptual manner. Roadway geometric
design will not be included in the 30 percent design drawings.
¡ No design work (i.e., ditches, culverts, pump stations, etc.) to address interior drainage is needed.
Tide flex valves or other appropriate closure structures will be called out for existing drain pipes as
needed.
I Design work will not include structural, architectural, utility, roadway, or drainage elements. Sur-face
finishes will be gravel or topsoil and hydroseed. Landscaping will not be designed. The levee will
not require armor stone or habitat features will not be addressed at the 30 percent design level.
Site-specific temporary and permanent erosion control measures will not be designed.
r Plan sheets will depict wetlands and other critical areas as determined by GeoEngineers and others
if data are provided to us in AutoCAD format. The total area of wetland impact based on the
proposed levee footprint will be determined. Concept level or final design of wetland mitigation is
not included but can be completed under a supplemental scope of services.
r Specifications or complete bid documents will not be developed at the 30 percent design level.
F¡le No.0410 199-00
GroE¡¡an EÊRIJ/
City of Kent January 26,2O7ß Page I
Task 6 CLOMR Submitta/FEMA Accreditation
Activities
¡ GeoEngineers and NHC will work together with the City to prepare the required documentation to
FEMA to support a CLOMR after the team has completed the required science and documentation
that meets the CLOMR criteria for approval.
r GeoEngineers will prepare a project specific Operations and Maintenance Manual similar to the
Operations and Maintenance Manuals currently used for existing Green River Levees.
r GeoEngineers and NHC will address one round of comments and make minor edits to submittal
documents as appropriate.
Deliverables
r FEMA MT2 Forms
r Levee Operations and Maintenance Manual
I Final submittal package including all scoped components of the CLOMR submittal (see above) and
formal introduction letter.
Assumptions
I The City will assist GeoEngineers in revising the Operations and Maintenance Manual and with
coordination of other levee maintenance stakeholders (King County). Preparation of the Manual
will require cooperation from City public works, engineering, and maintenance personnel. The
Operations and Maintenance Manual will also require formal adoption from the City Council or
other appropriate governing body.
r We will endeavor to complete the certification with as few reviews as possible. However, levee
certification reviews can be subjective, and regulations can be interpreted in different ways by
different reviewers. We have budgeted for one round of comments and associated minor edits to
reports.
Task 7 Contingency
The purpose of this task is to address issues with the proposed levee alignment, additional analysis, or
additional design required for the CLOMR submittal. We anticipate that this contingency could be used for:
r Supplementlnggeotechnical explorations.
r Providing a flooding risk based analysis for the purposes of reducing freeboard requirements (N HC).
I Addressing interior drainage issues such as required increased pump capacity.
t Addressing additional design issues required to prepare 30 percent design plans.
¡ Addressing additional FEMA review comments.
File No.0410'199-00
G¡oENe r¡¡ ÊERSJ/
City of l{ent I January 26,2018 Page 9
This scope item will not be used without first receiving explicit authorization from the City of Kent project
manager.
LIS:KfF:tt
Attachments:
Exhibit B. Fee Estimate
NHC Scopê of Services
Dísclaimer: Anyelectronic form, facsim¡le or hard copy ofthe orig¡nal document (email, text, table, and/or figure), if provided, and a0y attachments are only a copy
ofthe 0r¡gina¡ document. The or¡ginal d0cument ís stoted by GeoËngineers, lnc. and will serye as the oficial document 0f record.
C0pyfight@ 2018 by GeoEngineers, lnc. All rights res€rved.
F¡le No.041G19900
G¡oEucmr EERsJt
Exhibit B: Fee Estimate
Kent Airport Levee CLOMR Application
Kent, Washington
Fæ
Est¡male
$7.200
s14,025
s2r.z25
$5,020
$9,886
$12,s35
$12,603
s10,350
s3,031
s27,682
$2,756
$1,842
$3,814
¡105.759
$38,502
3æ-502
$2.032
$8.672
$12,558
$15,07ô
$3,184
s4L.522
$4,350
$8,390
$5,277
$76,266
$12,516
s106.793
$9,004
$5,872
$10,476
¡25.352
D¡rd Erpons6
and
SubøntrastoE
s196
Task Estimated Fe(
$458
$10,900
$10,959
$9,000
$1,750
Task Eslimated Fe€
$33,480
Task Estímated FeÉ
lask stm&ed he€
Task Ft¡mated Fee
Tobl Hours
48
7a
36
a2
0
0
0
I
190
20
a4
22
108
14
a4
90
18
550
76
56
3a
56
Adñ¡n¡strat¡on
SuÞport
(Yar¡ous)
lncludes GIS
Ra10
5aao
I
12
4
20
6
4
72
72
4
I
4
C¡v¡l EnginêeB and Des¡gnerg
CAD D6¡gn
C@rd¡nator
(Chad St¡ckel)
K4e
HOU73
8
24
72
!2
16
72
2AA
6
4
Staff 2 Civ¡l
EnÉ¡rær (Ryan
Pøßon)
n4e
Éouß
40
36
12
20
!2
4A
16
20
I
B¡ologlcal Sc¡enc6 and Permltt¡nÉ
Slafi 3 B¡ologbt
(Adañ Wr¡ght,
544 t
ñouts
4
24
30
20
4
Sen¡or Blolog¡st
(Dd¡d Conl¡n)
ra¡ê
HOUrS
6
24
72
40
74
I
Gêotæhn¡e, Eng¡neers
Stãff 1
Ceotochn¡øl
Engnær
touE
!2
a4
32
Statf 3
Gælæhn¡øl
Eng¡nær (gasl
Kitñitto)
Ðas
ñouß
6
72
6
4
72
I
P?oiect Matragsment and Tæhnlql
Overs¡Éht
Assæ¡ate
Enginêê. (Ltlê
Stone)
Rilê
HOUß
4
2
7
26
4
2
6
24
3
10
6
16
8
16
Pr¡nc¡pal
(Ken Fello$, ãnd
d¡c¡pl¡ne spæ¡f¡c
roviêwèF)
ñare
524ı
douas
15
6
6
5
15
6
36
4
2
I
fask De$ript¡on
with NHC and
feam Meetiñgs, tncludingAÉenda and Minutæ
and CenlfEt¡on
leview Exi$ing Data
;ubsurface kploration
;ubsurfâce Exploratioñ Subæntracm (ln-Sjtu EngiñeerinÊ)
iubsurface Erploration Subconùado6 (Holocene Driiling)
ìubsurfâce Exploration Subcontractors {T€ffic Conûol)
irbsu4ace &plorat:on (Geof ngineea faO-ràtory¡
ieepage and SEbility Analysis
ieismic Defformôtion AnalFis
leftlement AnalFis
-evee Ceftilication Repon (Drãft and F¡nat)
dBu¡þAnål}lb
!HC
A¡Kmêd
Baseliñe Envkonmenlal Conditions
OHWIS and wetlênd boundaries
iletland Ass$ment Repon (Draft ãnd Finat)
lioloeical ßsessment (BA) Repon (Draftand Fiñat)
',¡lvlFs and USFW Coordinatioñ
ntegrate city survey with LiDAR (base map)
ìev,ew/E{rad River Mooeliñg Data
)evelop Leree Alignñenl an¡ Sþtio¡ing
'lepare 30% 06ign Drãwings
lepêre 30% Design Level ÊSimale of Construdion CoS
with NHC and to Submital
'rcjed Specifìc O&M Manuêl
ResDonæ to FElvlA Commenß
Flle No. M1O19$OO
Exhlblt Ê Feè E$lmate lãnùary 26,2OLB GtoErerr,¡eens Æ
F6a
Estlmãte
$25,000
525.(xX)
s288,413
$2,404
$73,990
$:ß4,4{r7
Dlfgct Expensg
ônd
Subcontractors
Task Êstimêted FeÉ
t2.!y
s64.339
Toþl E$ímated Fe¡
lotal Houß
7,754
Adminktraüon
Support
(Varloß)
hclud6 clS
tare
ñouts
110
C¡v¡l EnglnæE and D6igners
CAD Dss¡gn
Cærdlnôto.
(Chad Stlckol)
Ð25
ñouß
Statr 2 Civ¡l
EnÉlnær (Ryan
Pêapn)
t4e
ltat
424
B¡oloÉ¡øl Sclencos and Perñitt¡ng
Stafi 3 BloloÉlst
(Adam w'lght,
xetå
ËouE
Son¡or B¡ologÈi
(Davld Conlin)
Ðat6
ñouß
108
Staft 1
Gootechn¡€l
EnÉlnæ.
trâle
)uÞ
Staff 3
Gætæhn¡61
ErEnæ¡ (Basl
Kitmilto)
xato
ñouÉ
Pro¡êct Managêment and Tæhn¡€l
Ovêrslght
Asclata
Engnær (Lyl€
Stono)
5225
ñouts
151
Pr¡nc¡pal
(l(on Fellom, and
d¡c¡pllne spoclflc
rwl€wo6)
119
Dê$rlptlon
SeoEnÂineers
lokl Lãbor (GeoEngnee6)
ìeoEng;neers Dked Expenæs
;ubcont€G (NHCand DrillingsubcontEctors)
Fìle No. 0410,19900
Exhlb¡l B Fee E$lmate January 26, 2018 G¡oEnerx¡¡ns Æ
SCOPE OF WORK - HYDRAULIC ANALVSIS IN SUPPORT OF AIRPORT LEVEE CTOMR
DESCRTPTTON OF WORK / pnO¡eCT OBJECTTVES
The City of Kent (City) is in the process of designing a new levee to remove a section of land bounded by the Green River,
SRL67, S 277th St, and the Union Pacific railway line from the FEMA floodplain. The City has selected GeoEngineers as the
prime consultant for this work, with Northwest Hydraulic Consultants, lnc. (NHC) as a sub-consultant.
This project is being completed in Phases. Phase I (completed)considered alternative alignments forthe levee. The
preferred alternative was a ring levee encircling the area described above. This scope of work is for Phase ll, which
enta¡ls the preparation of a FEMA conditional letter of map revision (CLOMR) package for the preferred alternative.
TASKS, |TEMS, AND WORK PRODUCTS
Task 1: lnterior Drainage Analysis
An interior drainage analysis will be conducted to determine residual flood levels inside of the proposed accredited ring
levee. NHC will obtain the City's stormwater infrastructure GIS files and pump station information. An HSPF (rainfall-
runoff) model will be created, and the 60-year period simulated in previous Kent CLOMRs will be simulated to determine
a runoff record for the period. The FIS HEC-RAS model will be modified to include a storage area representing the inside
of the proposed accredited levee. The HEC-RAS model will then be run for the same 60-yr period, using the HSPF runoff
as inflow to the storage area. The pump station and any other outfalls will be included in the HEC-RAS model to drain
the storage area. The resulting annual peak water surface elevations from HEC-RAS will be used for a frequency analysis
to determine the 100-yr ponding water surface elevation inside the proposed accredited levee.
Assumptions:
. C¡ty to provide stormwater infrastructure data in GIS shapefile format, including any pump station information.
o Our budget includes one half day of field work to spot verify the outfall configuration and location of pump
controls. No other field work is budgeted.
Deliverables:
¡ 100-yr water surface ponding elevation for the interior of the proposed accredited levee. Results will also be
incorporated into the floodplain maps (Task 2) and discussed in the memorandum (Task 3).
Task 2: Floodplain Mapping
Flo2D modeling was completed in Phase I of this project. Results from the completed 100-yr simulations will be
combined with the remaining, unchanged FIS levee failure scenarios to produce a composite water surface elevation
dataset (i.e., the water surface elevation dataset will contain the water surface at each grid cell based on the maximum
value from all of the levee failure scenarios in the FIS). We will use this revised water surface elevation dataset to remap
the flood hazard zones and BFEs that would change as a result of levee accreditation. The same methods and
assumptions used in the FIS mapping will be used in this CLOMR mapping. lnterior drainage analysis results will be used
to map flooding in the Airport Levee interior region. An example of the type of mapping we envision is shown in Exhibit
L.
Assumptions:
o Two FEMA map panels will require revisions, located along the left bank of the Green River. We do not
anticipate the need to revise right bank flood hazard zones.
o Maps are not required for the 500-yr results since this flood simulation is only being used to inform design.
o No additional Flo2D model runs are required. Modeling completed in Phase I of this project will be used.
1
Deliverables:
¡ A workmap as well as annotated FIRMs for each FEMA map panel will be created in pdf file format suitable for
inclusion in a CLOMR submittal.
o GIS shapefiles of the revised flood hazard zones and BFEs.
Task 3: CLOMR Package Preparation
A technical memorandum documenting the model results and mapping will be prepared. The memorandum will also
discuss scour and embankment protection considerations for the levee. We will assist in the preparation of MT-2 forms,
and package our report, models and data together for submittal to FEMA. One round of comments (from City) on the
memorandum is budgeted for; however, we assume any additional modeling resulting from comments will be minimal
(less than 6 hours).
Assumptions:
o There are no model cross-sections in the bend of the river adjacent to the Airport Levee. Therefore, the scour
analysis will be performed using reach-averaged HEC-RAS hydraulic results. No survey is budgeted.
¡ NHC will address hydrologic and hydraulic considerations. Biologic and geotechnical considerations to be
eva luated by GeoEngineers.
¡ One round of revisions to the work products is budgeted for following City comments, and one round following
FEMA comments.
Deliverables:
o Technical memorandum documenting the model results, mapping, and scour/embankment protect¡on
considerations.
o Hydraulic portions of MT-2 forms.
¡ All models, maps, report, and MT-2 form will be packaged in a singfe zip file for easy transmittal to FEMA.
Task 4: Management and Coord¡nat¡on
Coordination with the City will be one of the responsibilities of the prime consultant; we therefore have budgeted
limited meeting and management resources.
Assumptions:
r Five (approximately monthly) one-to-two hour conference call meetings with the City, GeoEngineers, and/or
FEMA.
STAFFING
The Principal-in-Charge will be Mr. Vaughn Collins. Mr. Alex Anderson will serve as project manager and engineer
SCHEDULE
It is anticipated that the maps and draft memorandum can be delivered three months after receiving a notice to
proceed. Assuming this notice comes in late January 2018, the draft products would be delivered by the end of April
2018. Assuming two weeks for City comments, the final work products could be submitted by the end of May 2018.
2
COST ESTIMATE
The cost estimate for the services described above is 533,480. A cost breakdown is shown in the table below
Northwest Hydrau lic Consultants lnc.
12787 Gateway Dr S
Seattle, WA 98168
Tel. (206) 241-6000
Fax (206) 439-2420
Estimate of Professional Services
Prepared for: GeoEngineers
Project Airport Levee
Phase ll
Date: 111112018
Prepared By: Alex Anderson
Principal
r
Gts Clerical/
Staff Hours
TASK DESCRIPTION Totals
1
2
3
4
lnterior Drainage Analysis
Floodplain Mapping
CLOMR Package Preparation
Management and Coordination
k
k
4
4
12
I
48
40
60
10
32
16
I
$7,375
$9,386
$12,340
s4,252
28.0 158.0 48.0 8.0
225.32 134.86 $96.56 137.65
Total Hou¡s and Direct Labor Cost (DL)
Total Labor Rate ($/hr)
TOTAL LABOR COST
Direct Ex nse tÞtail
Units Rate Cost
27
Mileage
Reproduction, Couriers, & Communication
50
$100
0.54 $Zt
Cost Summa
Labor
Direct Expenses
$33,353
480
3
+
+
s+
+
+
+
çÞ,
H 4t+
l¡t+
,
Ä
lo.o
+
+
+
aå
EXHIBIT 1: Sample FIRM Workmap showing typical ed¡ts
-
Limits of Map Revision
Major Contours - 10 n
MinorContours-2n
+ Spot Elevalions
Base Flood Elevations
Deleted
ø
+
+
-
Modified
-
Unchanged
CLOIUIR lUlapping Revision Zones
Shaded Zone X {Area Protected by Levee)
Zone AE
ShadedZoneX (< ln)
Remcn¡ed Floodway
Remaining Floodway
Revised Prelim lUlapping Nov 2ü10 Zones
Zone AE
Shaded Zone X
Unchanged Floodway
Notes:
¡.9..
+*
r!
+
]
4
E ¡¡,1++
EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $3,000,000 each occurrence, $3,000,000 general
aggregate.
EXHIBIT C (Continued)
3. Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 policy aggregate limit.
C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
This page intentionally left blank.
Agenda Item: Consent Calendar – 8H_
TO: City Council
DATE: March 6, 2018
SUBJECT: Veterans Drive Funding Commitment Letter – Authorize
SUMMARY: The Washington State Legislature passed a transportation package in
2015 which included the Gateway Program. The Gateway Program extends SR167 in
Pierce County and SR 509 in King County. When the legislature passed this package,
local contributors were asked to help fund the construction of these projects. The
agencies required to participate in making local contributions were not identified. A
process is currently underway with WSDOT and several other jurisdictions to discuss
this issue. The goal is to complete an MOU by June of 2018. If local contributions are
not identified, elements of the Gateway projects, such as the Veterans Drive
extension would likely get eliminated.
Kent has an opportunity to partner with WSDOT to request grant funds to help fill the
local gap and ensure the Veterans Drive extension is constructed. Kent is talking the
lead on a PSRC Regional Grant that will be requesting $4.5 Million to match a $1
Million contribution from the City. To date the process has included a competition in
front of the South County Area Transportation Board – Technical Advisory Committee.
This Veterans Drive project ranked first and was subsequently voted on by the
SCATBd to move forward the next phase of the regional competition. Projects still
need to be approved through the King County Project Evaluation Committee, the
Regional Project Evaluation Committee, and the Transportation Policy Board.
Screening forms are due to the PSRC on March 12, 2018, which includes a letter of
commitment for all sources of funding. Staff recommends authorizing the Mayor to
sign the commitment letter.
EXHIBITS: Commitment Letter
RECOMMENDED BY: Public Works Committee
YEA: Troutner, Fincher, Higgins NAY: N/A
BUDGET IMPACTS: Grant funds would not be available until October 2020 and would
be incorporated into the 2019-2020 budget.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
MOTION. Authorize the Mayor to sign a letter of commitment for $1 million
dollars for matching funds to support Kent’s application to the Puget Sound
Regional Council grant for the Veterans Drive extension, a part of the
Connecting Washington Gateway program, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
This page intentionally left blank.
OFFICE OF THE MAYOR
Dana Ralph, Mayor
220 4th Avenue South
Kent, WA 98032
Fax: 253-856-6700
PHONE: 253-856-5700
March 7, 2018
Josh Brown, Executive Director
Puget Sound Regional Council
1101 Western Avenue, Suite 500
Seattle, WA 98104-1035
RE: SR 509 – Veterans Drive Extension
Dear Mr. Brown:
The City of Kent supports the Gateway Program Projects including the SR 509
Extension Project in King County. Kent is applying for Surface Transportation Program
grant funds. The Kent City Council voted on the March 6, 2018, to commit $1,000,000
to matching funds for the grant application.
Funds provided by Kent, will go towards the local contribution mandated by the
Washington State Legislature when the Connecting Washington Transportation
package was passed in 2015.
Please contact, Kelly Peterson, Transportation Engineering Manager, at (253)856-5547
if there is any additional information we might be able to provide.
Sincerely,
Dana Ralph
Mayor
cc: Tim LaPorte, Public Works Director
Chad Bieren, Deputy Director/City Engineer
Kelly Peterson, Transportation Engineering Manager
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Agenda Item: Consent Calendar – 8I_
TO: City Council
DATE: March 6, 2018
SUBJECT: Signature Pointe Interlocal Agreement – Authorize
SUMMARY: The Signature Pointe Levee is located on the right bank of the Green
River between Washington Avenue and the west end of the Riverbend Golf Driving
Range. The area protected by the levee is above the 100-year flood plain but much of
the existing levee is too steep and needs to be set back to be able to be accreditable
by FEMA.
The King County Flood Control District has allocated funding to the project to study
the project area and determine the preferred levee alignment for the project. A future
interlocal agreement will be required for property acquisition, design, and construction
of the project.
EXHIBITS: Interlocal Agreement
RECOMMENDED BY: Public Works Committee
YEA: Troutner, Fincher, Higgins NAY:
BUDGET IMPACT: This Interlocal agreement provides $300,000 to the project budget
and funds engineering studies.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
MOTION: Authorize the Mayor to sign an Interlocal Agreement between the
City of Kent and King County Flood Control District for the Signature Pointe
Levee project in an amount not to exceed $300,000.00, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
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AGREEMENT REGARDING ALTERNATIVES
Signature Pointe Levee Improvement Project
River Mile 21.7 to 23.2, Right Bank
THIS AGREEMENT REGARDING ALTERNATIVES (“Agreement”) relating to the
Signature Pointe Levee Improvement Project, River Mile 21.7 to 23.2, Right Bank, is entered
into on the last date signed below by and between the CITY OF KENT, a Washington municipal
corporation (“City”), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-
municipal corporation of the State of Washington (“District”) (collectively, the "Parties").
RECITALS
A. King County, Washington, through the Water and Land Resources Division of the
King County Department of Natural Resources and Parks, as service provider to the District
pursuant to an interlocal agreement with the District, operates and maintains a major portion of
the Green River levee system.
B. The Signature Pointe Levee (“Levee”) is a key part of the Green River levee
system. The District desires to improve the Levee to provide improved flood protection and
scour protection, enable certification and secure necessary land rights (the Levee improvement
will hereafter be referred to as the “Project”). The area of the Project is the right bank of the
Green River from River Mile 21.7 to 23.2, as shown on Exhibit A.
C. The District has included the Project in its 2018-2023 Capital Budget Project List
and its 2018 Capital Budget, in a total amount of $300,000. The Parties desire to construct the
Project as soon as possible, with a goal of construction in 2019.
D. The preliminary plan for the Project is to increase the height of the Levee to
achieve the Lower Green River System-Wide Improvement Framework’s provisional flood
protection goal of 500-year or 18,800 cubic feet per second (cfs), plus three feet of freeboard.
E. The City has agreed to prepare an analysis of the design alternatives for the
Project (“Study”), in order to provide for the safety of residents and businesses that are protected
by the Levee. The Parties believe that the estimated cost of the Study, and City costs and
expenses related to early Project work and services will not exceed $300,000. After City
completion of the Study, and District selection of the preferred alternative, the Parties intend to
negotiate and enter into an Agreement regarding property acquisition, design, permitting and
construction of the Project.
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AGREEMENT
The Parties agree as follows:
1. Incorporation of Recitals—Scope of Agreement. All recitals above are hereby
incorporated in and ratified as part of this Agreement. This Agreement establishes the
terms and conditions for preparation of a study regarding design alternatives for the
Project and selection of a preferred alternative.
2. Preparation of the Study–Selection of Preferred Alternative.
a. The City shall prepare a study as described in section 2(c) below
(“Study”). After consultation with the District, the City shall select a consultant to
prepare the Study, as described in section 2(c). Prior to entering into an agreement with
the consultant, the City shall provide the proposed agreement to the District, including
the scope of work. Upon execution of the agreement, the City shall send a copy of it to
the District. The City shall pay the consultant, and the District shall reimburse the City
for such payments pursuant to section 6 below.
b. Prior to commencement of the Study, the City shall provide to the District
a charter (project goals, objectives and process) for the Project, substantially similar to
the charter in the King County Water and Land Resources Division Project Management
Manual, and a schedule for preparation and completion of the Study.
c. The Study shall include the following:
i. An analysis of at least two and perhaps three design alternatives
for the Project, which consider flood protection, toe/scour protection and levee
certification. Among the aspects to be considered for each alternative shall be the
alignment and location of any floodwall and/or levee, and a comparison of the
cost, benefits and impacts of an earthen levee versus a floodwall.
ii. Establishment of criteria for analyzing, comparing and ranking
each alternative. The criteria shall include but not be limited to: habitat potential
and features, long-term stability and maintenance, impacts to recreational
opportunities including the Green River Trail, and impacts to the Signature Pointe
apartment complex and its residents, factor of safety of alternatives, property cost
and acquisition complexities, and need for passive vs. active closure needs.
iii. A conceptual level cost estimate for each alternative.
iv. A conceptual level cost estimate to install salmon habitat structures
and features in the Project.
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v. A schedule for selecting a preferred alternative, acquiring
necessary property interests, and designing and constructing the Project.
d. Upon completion of a draft Study, the City shall provide a copy to the
District for review and comment. After District approval of the draft Study, either as
prepared by the City or as amended after review and comment by the District, the City
shall prepare the final Study.
e. Using the criteria of the final Study, the Parties shall rank the alternatives
and present the results to the District. The District, acting either through its Board of
Supervisors or its Executive Committee, as determined by the Board of Supervisors, shall
select an alternative that shall be used in the design of the Project. The City shall not
commence design of the Project until the District has selected an alternative and has
authorized the City to proceed under a separate or additional interlocal agreement.
3. Termination. The District reserves the right to terminate this Agreement upon
notice to the City. Upon receipt of the notice, the City shall immediately terminate all Study and
Project planning services and work; provided, that the District shall reimburse the City for such
services and work that is performed prior to the termination.
4. City Costs and District Reimbursement. The Parties acknowledge and understand
that the District has included the Project in its 2018-2023 Capital Budget Project List and its
2018 Capital Budget, in a total amount of $300,000. The District’s reimbursement to the City for
the Study and Project planning services and work shall not exceed $300,000 without prior
written approval from the District.
5. Reimbursement of City Costs and Expenses.
a. No more than once a month, the City shall submit requests for
reimbursement of City costs and expenses incurred on or after the Effective Date of this
Agreement for Project planning and Study services and work. The requests shall be in a form
and shall contain all information and data required by the District. In connection with the City’s
submittal of any of the requests for reimbursement, the District may require the City to provide a
status or progress report concerning submittal, preparation or completion of the Study.
b. The District shall review the requests to confirm that they are
reimbursable and payable under this Agreement. The District shall endeavor to complete such
review within thirty (30) days of receipt of a request. The District shall forward any approved
reimbursement to the City within forty-five (45) days of the City’s request.
c. The District may postpone review of a City request for reimbursement
where all or any part of the request is inaccurate or incomplete. The District shall notify the City
of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City
shall provide all additional information or data within thirty (30) days of the District’s request for
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such additional information or data. If the request is still inaccurate or incomplete in the opinion
of the District, the dispute shall be resolved in accordance with section 11 below. After
resolution of the dispute, the District shall provide reimbursement as provided in this section 5.
d. The District may postpone payment of any request for reimbursement, up
to a maximum of five percent (5%) of the request, where the City is delinquent in submittal,
preparation or completion of any document, work or services required by this Agreement.
6. Duration—Effective Date. This Agreement shall take effect on the date on which
the second party signs this Agreement, and shall remain in effect until the City submits the
results of the alternatives analysis and the District selects a preferred alternative, the Parties
execute a property acquisition, design and/or construction agreement, or three years from the
effective date, whichever occurs first.
7. Third Parties. This Agreement and any activities authorized hereunder shall not
be construed as granting any rights or privileges to any third person or entity, or as a guarantee or
warranty of protection from flooding or flood damage to any person, entity or property, and
nothing contained herein shall be construed as waiving any immunity to liability of the City, the
District or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW,
or as otherwise granted or provided for by law.
8. Liens and Encumbrances. The City acknowledges and agrees that it will not
cause or allow any lien or encumbrance arising from or related to this Agreement to be placed
upon the real property interests of King County or the District. If such lien or encumbrance is so
placed, King County or the District shall have the right to remove such lien and charge the costs
of such removal to the City.
9. Indemnification. To the maximum extent permitted by law, the City shall defend,
indemnify and hold harmless the District and King County, and all of their officials, employees,
principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable
attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons
or damages to property, arising out of, or as a consequence of, the Project, the Study or this
Agreement. As to all other obligations under this Agreement, to the maximum extent permitted
by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its
officials, employees, principals and agents, from any and all claims, demands, suits, actions,
fines, penalties and liability of any kind, including injuries to persons or damages to property,
arising out of or relating to any negligent acts, errors or omissions of the indemnifying Party and
its contractors, agents, employees and representatives in performing these obligations under this
Agreement. However, if any such damages and injuries to persons or property are caused by or
result from the concurrent negligence of the District or its contractors, employees, agents, or
representatives, and the City or its contractor or employees, agents, or representatives, each
Party’s obligation hereunder applies only to the extent of the negligence of such Party or its
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contractor or employees, agents, or representatives. This indemnification provision shall not be
construed as waiving any immunity granted to the City, the District, or King County, under state
statute, including chapters 86.12 and 86.15 RCW, as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of each
Party’s immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and
only to the extent necessary to provide the indemnified Party with a full and complete indemnity
of claims made by the indemnitor’s employees. This waiver has been mutually negotiated.
10. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should either Party choose not to self-insure,
that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional
excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the
other Party with a certificate of insurance and additional insured endorsement that will name the
other Party as an additional insured.
11. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements or payments, as provided for
in section 5 above, submittal of all relevant information and data to an independent Certified
Public Accountant or a Construction Claims Consultant, if agreed upon by the Parties, for a non-
binding opinion as to the responsibility.
b. If the foregoing does not result in resolution and for all other disputes, the
Parties may mutually select any informal means of resolution and ultimately seek resolution
within the Superior Court for King County, Washington.
c. Each Party will be responsible for its own costs and attorney’s fees in
connection with the dispute resolution provisions of this paragraph 11.
12. Entire Agreement; Amendment. This Agreement represents a full recitation of the
rights and responsibilities of the Parties and may be modified only in writing and upon the
consent of both Parties.
13. Binding Nature. The rights and responsibilities contained in this Agreement shall
inure to the benefit of and are binding upon the Parties and their respective successors in interest
and assigns.
14. Notices, Communications and Documents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other communications
required or desired to be given hereunder by either Party (collectively, "notices") shall be in
writing and shall be validly given or made to the other Party if delivered either personally or by
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Federal Express or other overnight delivery service of recognized standing, or if deposited in the
United States Mail, certified, registered, or express mail with postage prepaid, or if sent by
electronic mail. If such notice is personally delivered, it shall be conclusively deemed given at
the time of such delivery. If such notice is delivered by Federal Express or other overnight
delivery service of recognized standing, it shall be deemed given one (1) business day after the
deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall
be deemed given three (3) business days after the deposit thereof in the United States Mail. If
such notice is sent by electronic mail, it shall be deemed given at the time of the sender's
transmission of the electronic mail communication, unless the sender receives a response that the
electronic mail message was undeliverable. Each such notice shall be deemed given only if
properly addressed to the Party to whom such notice is to be given as follows:
To City: Tim LaPorte, Public Works Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500
Email: tlaporte@KentWA.gov
To District:
Michelle Clark, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: Michelle.Clark@kingcounty.gov
Either Party may change its address for the purpose of receiving notices by providing written
notice to the other Party as set forth in this section 14
15. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement, which shall
become effective on the last date signed below.
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CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: By:
Dana Ralph Reagan Dunn
Its: Mayor Its: Board Chair
DATE:__________________________ DATE:_________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney Legal Counsel
24
23.75
22.5
23.5
22.25 22.75
23.25
21.5 23
2221.75
21.25
20.5
20.25®
Signature Pointe Levee Exhibit A
River Miles
February 14th, 2018
SCALE: 1" = 1000'
Agenda Item: Consent Calendar – 8J_
TO: City Council
DATE: March 6, 2018
SUBJECT: Lower Russell Road Levee Interlocal Agreement - Authorize
SUMMARY: The Lower Russell Road Levee is located on the right bank of the Green
River between S. 212th St. and Veteran’s Way. The landward area is protected by the
levee above the 100-year flood level, but the levee needs to be set back from the river
to meet the federal stability requirements for levee accreditation. This project, which
is being managed by the Flood Control District (District), includes habitat and trail
improvements as well as relocation of Van Doren’s Park in addition to the levee
reconstruction.
This interlocal agreement includes provisions for the City to purchase property and
provide the District with easements for river bank protection in addition to similar
easements on several other properties previously purchased by the City along Russell
Road. The District will reimburse the City for expenses related to these property
purchases.
There will be a separate interlocal agreement proposed later in 2018 related to
funding and construction of some portions of the project as well as ownership,
operation and maintenance of the various areas of the project.
EXHIBITS: Interlocal Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY:
BUDGET IMPACT: Initial funding for the City activities in this agreement was from
previously budgeted funds within the stormwater utility, and these expenses will be
reimbursed by the King County Flood Control District. Future costs for the additional
easement acquisitions will also be completely reimbursed by the Flood District.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
MOTION: Authorize the Mayor to sign an Interlocal Agreement between the
City of Kent and the King County Flood Control District for the Lower
Russell Road Levee project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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AGREEMENT REGARDING PROPERTY ACQUISITION
Lower Russell Road Levee Setback Project
River Mile 17.85 to 19.25, Right Bank
THIS AGREEMENT REGARDING PROPERTY ACQUISITION (“Agreement”)
relating to the Lower Russell Road Levee, River Mile 17.85 to 19.25, Right Bank, is entered into
on the last date signed below by and between the CITY OF KENT, a Washington municipal
corporation (“City”), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a special
purpose district of the State of Washington (“District”) (collectively, the "Parties").
RECITALS
A. The Lower Russell Road Levee (“Levee”) is a key part of the Green River levee
system. The District desires to acquire necessary real property and real property interests to
improve the Levee, provide better flood and scour protection, and assist the City in obtaining
FEMA accreditation of the Levee. The Levee improvement will hereafter be referred to as the
“Project.” The area of the Project is the right bank of the Green River from River Mile 17.85 to
19.25, more commonly known as the right bank between S. 212th St. and S. 228th St.
B. The Water and Land Resources Division of the King County Department of
Natural Resources and Parks (“WLRD”), is service provider to the District pursuant to an
interlocal agreement with the District. On behalf of the District, WLRD manages, operates and
maintains a major portion of the Green River levee system, and acquires real property and real
property interests for District projects.
C. The City has agreed to acquire the necessary real property and real property
interests on behalf of the District to construct the Project. The Parties intend for the City to
complete the acquisitions as soon as possible with a goal of completing them by mid 2018.
D. The preliminary plan for the Project is to increase the height of the Levee to
achieve the Lower Green River Interim System-Wide Improvement Framework’s provisional
flood protection goal of 0.2% annual chance (500-year) or 18,800 cfs (as measured at Auburn
USGS gage), plus three feet of freeboard.
E. By Resolution No. FCD_________, adopted on , 2016, the District approved
acquisitions by the City for the Project.
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AGREEMENT
In consideration of the rights and obligations set forth in this Agreement, which constitute
good and valuable consideration, the Parties agree as follows:
1. Incorporation of Recitals. All recitals above are hereby incorporated in and
ratified as part of this Agreement. . The District Executive Director or designee shall have the
discretion and right to perform the functions of the District in this Agreement, unless otherwise
provided in this Agreement.
2. Acquisition and Transfer of Real Property .
a. The City shall acquire title to and interests in real property (“Real
Property”) that the District determines to be necessary for ownership, construction,
installation, operation, maintenance, repair, replacement and removal of the Project in
accordance with this Agreement. In acquiring Real Property, the City shall use
procedures approved by the District, and shall comply with all applicable laws and
regulations, including but not limited to: (i) the Washington State Department of
transportation Right of Way Manual (M26.01.17); (ii) Chapters 8.12, 8.25, and 8.26
RCW; and (iii) Chapter 308-125 WAC. In acquiring title to or easements on Real
Property, the City shall acquire the title to or easement on the Real Property in a size and
location approved by the District. For each Real Property acquisition, the City (i) shall
prepare and submit to the District, prior to the commencement of the acquisition process,
a schedule that includes but is not limited to work tasks, task durations, and task linkages,
and (ii) communicate regularly with WLRD and the District, providing written reports
when requested by WLRD or the District.
b. The District shall approve before execution by the City all documents for
the acquisition and transfer of Real Property. Any easements granted by the City to the
District shall be in the form of the standard River Protection Easement in Reference 8P to
the King County Surface Water Design Manual, or in a different form acceptable to the
District.
c. The District shall approve before expenditure by the City all costs and
expenses incurred by the City to acquire or transfer the Real Property pursuant to this
Agreement. The District will reimburse the City for such costs and expenses in
accordance with Section 3 of this Agreement.
d. The City already has acquired title to certain Real Property described in
Exhibit A, attached hereto and incorporated herein. The acquisition cost for such Real
Property is stated in Exhibit A (a total sum $1,023,550.00). The District ratifies and
confirms the acquisition of this Real Property. The City shall grant to the District
easements on this Real Property. The District shall reimburse the City for the acquisition
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cost of this Real Property in accordance with Section 3 of this Agreement, which
reimbursement shall be paid prior to execution of the easements. Before the
commencement of construction of the Project, the City shall remove any structures on the
Real Property at its own cost and expense.
e. The City shall acquire title to a portion of the KOA Campground property
(Tax Parcel Number 112204 9065) (“KOA Property”) that (i) allows for ownership,
construction, installation, operation, maintenance, repair, replacement and removal of the
Project and (ii) allows for a recreational trail connecting the Green River Trail to South
212th Street (“Recreational Trail”). After acquisition of the KOA Property, the City shall
grant to the District an easement over the KOA Property that will allow the District to
own, construct install, operate, maintain, repair, replace and removal the Project. As part
of the regular communication with the District regarding the acquisition of the KOA
Property, the City shall submit to the District background information, appraisals,
analysis and negotiations with the owner of the KOA Campground property. The District
shall reimburse the City for acquisition of the KOA Property, excluding the portion of the
KOA Property for the Recreational Trail, in accordance with Section 3.
f. If the City’s acquisition of the KOA Property is conditioned upon transfer
of a portion of the Green River Natural Resources Area (“GRNRA”)(Tax Parcel
Numbers 112204 9015 and 112204 9083) (“Transferred Property”) to the owners of the
KOA Campground property, the District must approve before transfer the size and
location of the Transferred Property (estimated to be 0.8 acres based on conceptual site
layout provided by KOA Campground on February 2, 2016), as well as the cost of the
acquisition of the KOA Property. The City shall not acquire the KOA Property unless the
District determines that the acquisition of the KOA Property is cost effective for the
District. If the District approves the acquisition of the KOA Property, the District shall
support the City’s efforts to release the covenant on the GRNRA property, which has
recording number 9408051537 (“GRNRA Covenants”), if such release is necessary to
complete the acquisition.
g. If necessary to compensate for impacts of the Project on the GRNRA
Covenants, the City shall acquire the Suh Properties (Tax Parcel Numbers 000620 0020
and 000620 0032). Upon acquisition, the Suh Properties shall remain in City ownership.
The District shall reimburse the City for the Suh Properties acquisitions in accordance
with Section 3 of this Agreement.
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3. Reimbursement of City Expenditures – General.
a. If authorized by Section 2 of this Agreement, the District will reimburse
the City all costs and expenses incurred by the City to acquire or transfer the Real
Property (“City Costs”) in accordance with this Section.
b. Excluding reimbursement for costs and expenses related to the Real
Property described in Exhibit A, the maximum reimbursement for City Costs shall be
$700,000.00.
c. After title to or interest in Real Property has been completed, and no more
than once a month, the City may submit requests for reimbursement of City Costs for
such Real Propertythat were approved by the District. The requests shall be in a form and
shall contain information and data as required by the District. Upon receipt of a request
for reimbursement, the District may request the City to provide a status or progress report
concerning all acquisitions of Real Property that are not the subject of the request. The
District may delay payment until receipt of this report.
d. The District shall review the requests to confirm that they are
reimbursable and payable under this Agreement. The District shall endeavor to complete
such review and approve the reimbursement within forty-five (45) days of receipt of a
request.
e. Except for the reimbursement of City Costs for the Real Property
described in Exhibit A, the District may postpone review of a City request for
reimbursement where all or any part of the request is inaccurate or incomplete. The
District shall notify the City of any inaccuracies or incompleteness within thirty (30) days
of receipt of the request. The City shall provide all additional information or data within
thirty (30) days of the District’s request for such additional information or data. If the
request is still inaccurate or incomplete in the opinion of the District, the dispute shall be
resolved in accordance with Section 5 of this Agreement. After resolution of the dispute,
the District shall pay reimbursement as provided in this Section.
f. The District also may postpone payment of any portion of a request for
reimbursement where the City is delinquent in the submittal, preparation or completion of
any document or work required by this Agreement and related to the Real Property that is
the subject of the request for reimbursement.
4. Duration—Effective Date. This Agreement shall take effect on the date on which
the second party signs this Agreement, and shall remain in effect until all terms of this
Agreement are completed or four (4) years from the effective date of this Agreement, whichever
occurs first.
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5. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. In the event that any dispute arises between the Parties as to the
interpretation or application of any term of this Agreement, or as to the validity of any
claim made by either Party against the other as a result of this Agreement, and the Parties
are unable to resolve the dispute through negotiations, the Parties agree to participate in a
nonbinding, neutral evaluation and mediation of their dispute at a mutually agreeable
location prior to commencing legal action. Either Party may request that any dispute be
submitted to neutral evaluation and mediation at any time upon giving written notice to
the other Party.
b. Upon giving notice by either Party as provided above, the Parties shall
attempt to select a neutral person to evaluate and mediate the dispute. If, after thirty (30)
days, the Parties cannot agree on any of the persons named, or if acceptable persons are
unable to serve, or if for any reason the appointment of a neutral person cannot be made,
either Party may terminate the dispute resolution process or the Parties may, by
agreement, seek other means of resolution.
c. Each Party shall promptly disclose to the other any circumstances
known by it that would cause justifiable doubt as to the independence or impartiality of
any individual under consideration or appointed as a neutral mediator. Any such
individual shall promptly disclose such circumstances to the Parties. If any such
circumstances are disclosed, the individual shall not serve as neutral mediator unless both
Parties agree in writing.
d. The neutral mediator’s charges shall be established at the time of
appointment. Unless the Parties otherwise agree, the fees and expenses of the neutral
mediator shall be split equally and each Party shall bear its own costs and expenses.
e. The mediation session is intended to provide each Party with an
opportunity to present its best case and position to the other Party and the neutral
mediator and for the Parties to receive opinions and recommendations from the neutral
mediator. The neutral mediator shall facilitate communications between the Parties,
identify issues, and generate options for settlement. The neutral mediator shall also
discuss with each Party separately the neutral mediator’s opinion and evaluation of the
strengths and weaknesses of that Party’s position. The terms of any settlement made by
the Parties as the result of the mediation shall be set out in writing.
f. The dispute resolution process identified in this Section is a compromise
negotiation. The Parties agree to maintain in confidence all offers, promises, conduct,
and statements, oral or written, made in the course of the mediation by either of the
Parties, their agents, employees, experts, representatives or attorneys, or by the neutral
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mediator and agree that the same shall be deemed negotiations in pursuit of settlement
and compromise and not admissible or discoverable in subsequent legal proceedings
pursuant to Washington Evidence Rule 408. The neutral mediator shall be disqualified as
a trial or deposition witness, consultant, or expert of either Party.
g. In the event that the Parties are unable to resolve the dispute through the
dispute resolution process established in this Section, the Parties reserve any and all other
rights and remedies available to each of them regarding such dispute.
6. Third Parties. This Agreement and any activities authorized hereunder shall not be
construed as granting any rights or privileges to any third person or entity, or as a guarantee or
warranty of protection from flooding or flood damage to any person, entity or property, and
nothing contained herein shall be construed as waiving any immunity to liability to the City, the
District or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW,
or as otherwise granted or provided for by law.
7. Liens and Encumbrances. The City acknowledges and agrees that it will not cause
or allow any lien or encumbrance arising from or related to this Agreement to be placed upon the
real property interests of King County or the District. If such lien or encumbrance is so placed,
King County or the District shall have the right to remove such lien and charge back the costs of
such removal to the City. If there are pre-existing encumbrances which are required to be
removed by the City in order to construct the Levee, the costs will be reimbursable by the
District as described in Section 3 of this Agreement.
8. Indemnification. To the maximum extent permitted by law, each Party shall
defend, indemnify and hold harmless the other Party, and all of its officials, employees,
principals and agents, from any and all claims, demands, suits, actions, fines, penalties and
liability of any kind, including injuries to persons or damages to property, arising out of or
relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors,
agents, employees and representatives in performing these obligations under this Agreement,
unless such damages and injuries to persons or property are caused by or result from the sole
negligence or willful misconduct of the District or its contractors, employees, agents, or
representatives, or the City or its contractor or employees, agents, or representatives. Each
Party’s obligation hereunder applies only to the extent of the negligence of such Party or its
contractor or employees, agents, or representatives. This indemnification provision shall not be
construed as waiving any immunity granted to the City, the District, or King County, under state
statute, including chapters 86.12 and 86.15 RCW, as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of each
Party’s immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and
only to the extent necessary to provide the indemnified Party with a full and complete indemnity
of claims made by the indemnitor’s employees. This waiver has been mutually negotiated.
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9. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to self-insure,
that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional
excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the
other Party with a certificate of insurance and additional insured endorsement that will name the
other Party as an additional insured.
10. Entire Agreement; Amendment. This Agreement, together with Exhibits A, B,
and C, represents a full recitation of the rights and responsibilities of the Parties and may be
modified only in writing and upon the consent of both Parties.
11. Binding Nature. The rights and duties contained in this Agreement shall inure to
the benefit of and are binding upon the Parties and their respective successors in interest and
assigns.
12. Notices, Communications and Documents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other communications
required or desired to be given hereunder by either Party (collectively, "notices") shall be in
writing and shall be validly given or made to the other Party if delivered either personally or by
Federal Express or other overnight delivery service of recognized standing, or if deposited in the
United States Mail, certified, registered, or express mail with postage prepaid, or if sent by
electronic mail. If such notice is personally delivered, it shall be conclusively deemed given at
the time of such delivery. If such notice is delivered by Federal Express or other overnight
delivery service of recognized standing, it shall be deemed given one business day after the
deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall
be deemed given three business days after the deposit thereof in the United States Mail. If such
notice is sent by electronic mail, it shall be deemed given at the time of the sender's transmission
of the electronic mail communication, unless the sender receives a response that the electronic
mail message was undeliverable. Each such notice shall be deemed given only if properly
addressed to the Party to whom such notice is to be given as follows:
To City: Tim LaPorte, Public Works Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500
Email: tlaporte@KentWA.gov
-8-
To District:
Michelle Clark, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: michelle.clark@kingcounty.gov
Any Party may change its address for the purpose of receiving notices as herein provided by a
written notice given in the manner aforesaid to the other Party.
13. Mutual Release/Consideration. As part of the consideration for this Agreement,
the Parties agree to mutually release any and all claims known or unknown related to prior
reimbursement requests between City and District.
14. Severability. If any provisions of this Agreement or its application are held
invalid, the remainder shall not be affected.
15. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement, which shall
become effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: By:
Dana Ralph Reagan Dunn
Its: Mayor Its: Board Chair
DATE:__________________________ DATE:_________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney District Attorney
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EXHIBIT A
The City acquired title to the following Real Property prior to the effective date of this
Agreement:
Parcel No. Seller Sales Price *
102204-9153 Jeanne Hamilton $ 211,750.00
102204-9024 Tom & Janice Baxter $ 192,500.00
000620-0011 Mary Jo Torgeson $ 338,300.00
000620-0017 Kimberly Voss $ 281,000.00
Total
$1,023,550.00
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Agenda Item: Consent Calendar – 8K_
TO: City Council
DATE: March 6, 2018
SUBJECT: Agreement with Puget Sound Energy for Downey Farmstead Utility
Relocation - Authorize
SUMMARY: The Downey Farmstead Restoration Project includes a side-channel
network adjacent to the Green River to improve rearing and refuge habitat for juvenile
salmon, and which will also provide additional floodplain storage.
To accomplish this important restoration, Frager Road will be moved away from the
river’s edge and Puget Sound Energy and CenturyLink overhead cables and poles will
need to be moved. This agreement will fund and authorize PSE to move its utilities
out of the way of the habitat project.
The City will pay the actual costs of the relocation work; the estimated cost is
$118,085.42. The City will be notified in writing if costs are expected to exceed a
20% increase.
EXHIBITS: Puget Sound Energy Agreement
RECOMMENDED BY: Public Works Committee
YEA: Troutner, Fincher, Higgins NAY: N/A
BUDGET IMPACTS: PSE utility relocation and associated City costs are funded by two
grants – one from King County Cooperative Watershed Management Fund ($120,000)
approved by Council on 1/16/18 and another from Puget Sound Acquisition and
Restoration Fund ($77,800) approved by Council on 5/16/17. Grants will pay for the
agreement with CenturyLink along with City engineering costs.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
MOTION: Authorize the Mayor to sign a Facility Relocation Agreement with
Puget Sound Energy to relocate utility lines to accommodate the Downey
Farmstead Restoration project, in an amount estimated to be $118,085.42,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
This page intentionally left blank.
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FACILITY RELOCATION AGREEMENT
This Agreement, dated as of Monday February 12, 2018, is made and entered into by
and between Puget Sound Energy, Inc., a Washington corporation (“PSE”), and City of Kent,
(“Government Entity”). PSE and the Government Entity are sometimes referred to herein
individually as a "Party" and collectively as the “Parties.”
RECITALS
A. PSE owns and operates certain utility systems and facilities necessary and
convenient to the transmission and distribution of electricity ("Facilities") that are located on
or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and
Existing Operating Rights are more particularly described on Exhibit A attached hereto and
incorporated herein by this reference.
B. The Government Entity plans to construct improvements to the Kent Downey
Farms Restoration (“Improvements”).
C. In connection with the Improvements, the Government Entity has requested
that PSE perform certain engineering design work and certain construction work relating to
modification or relocation of its Facilities (the "Relocation Work"), all in accordance with
and subject to the terms and conditions of this Agreement, and any applicable tariff on file
with the Washington Utilities and Transportation Commission (the “WUTC”).
D. The Government Entity has provided to PSE a written plan for the
Improvements (the “Improvement Plan”) which includes, among other things, (a) plans and
specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and
perform the Relocation Work, including reasonably detailed drawings showing the planned
Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information
concerning possible conflicts between PSE's Facilities and other utilities or facilities.
The Parties, therefore, agree as follows:
AGREEMENT
Section 1. Relocation Work
1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to
this Agreement.
1.2 Performance of Relocation Work. Subject to the terms and conditions of
this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable
efforts to perform the Relocation Work. PSE shall perform the Relocation Work in
accordance with the schedule provided in Exhibit B (the “Relocation Schedule”) with
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reasonable diligence in the ordinary course of its business and in light of any operational
issues as to the remainder of its utility systems that may be influenced by the Relocation
Work. PSE shall have no liability to the Government Entity or any third party, nor shall the
Government Entity be relieved or released from its obligations hereunder, in the event of any
delay in the performance of the Relocation Work due to any (a) repair, maintenance,
improvement, renewal or replacement work on PSE's utility systems, which work is
necessary or prudent as determined by PSE in its sole discretion; or (b) actions taken by PSE
which are necessary or consistent with prudent utility practices to protect the performance,
integrity, reliability or stability of PSE's utility systems or any systems to which such systems
are connected.
1.3 Adjustments to the Relocation Work. PSE shall notify the Government
Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including
the Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or
modification of any Improvements in a manner that requires PSE to revise its plans and
specifications for the Relocation Work; (b) delays in PSE’s performance of the Relocation
Work caused by the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the
control of PSE. The Parties acknowledge that additional requirements not contemplated by
the Parties may arise during the performance of the Relocation Work. In the event such
additional requirements arise, the Parties shall provide written notice thereof and shall use
good faith reasonable efforts to appropriately respond to such requirements in a prompt and
efficient manner, including appropriate adjustments to the Relocation Schedule and/or the
Relocation Cost Estimate.
1.4 Performance by Government Entity. In the event the Government Entity is
unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable
satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use
reasonable efforts to adjust the Relocation Schedule to allow additional time for the
Government Entity to perform such obligations; provided, that if the Parties cannot
reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate
this Agreement by giving written notice to the Government Entity, and the Government
Entity shall promptly pay PSE the amounts payable to PSE in connection with such
termination under Section 5.5. PSE's determination as to the satisfaction or waiver of any
such condition under this Agreement shall not be deemed to be a determination of
satisfaction or waiver of any other condition arising under this Agreement.
1.5 Notice to Proceed with Construction Work. At least 30 days prior to the
date specified in the Relocation Schedule for commencement of construction for the
Relocation Work, the Government Entity shall either (a) provide to PSE a written notice to
proceed with such construction work, or (b) terminate this Agreement by written notice to
PSE. In the event of such termination, the Government Entity shall promptly pay PSE the
amounts payable to PSE in connection with termination under Section 5.5.
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Section 2. Operating Rights.
Unless otherwise provided for in Exhibit B, the Government Entity shall be solely
responsible for the acquisition of, and any costs related to acquisition of any and all operating
rights for the Facilities that are necessary or appropriate, in addition to or as replacement for
the Existing Operating Rights, for completion of the Relocation Work ("New Operating
Rights"). Such New Operating Rights shall be in PSE's name, shall be of equivalent quality
and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE,
all as determined by PSE in its sole discretion. The New Operating Rights shall be provided
with sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain
clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to
commence the RelocationWork, or otherwise in any way change, limit, curtail, impair or
otherwise affect the normal and reliable operation of the Facilities as located upon or relative
to the Existing Operating Rights, unless and until PSE is in possession of the New Operating
Rights.
Section 3. Permits.
The Government Entity shall be solely responsible for the acquisition of, and any
costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews,
impact statements, determinations, authorizations, exemptions or any other form of review or
approval given, made, done, issued or provided by any one or more governmental authorities
with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits").
The Permits shall be on such terms and conditions as PSE shall, in its sole discretion,
determine to be appropriate to its needs. PSE shall not be obligated to commence
construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair
or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is
in possession of all Permits necessary for the Relocation Work and all rights of appeal with
respect to the Permits shall have been exhausted. The Government Entity shall be
responsible for performance of and any costs associated with any mitigation required by the
Permits.
Section 4. Materials and Ownership
Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all
necessary materials, equipment and labor required to perform the Relocation Work. All
materials, information, property and other items provided for, used or incorporated into the
Relocation Work (including but not limited to the Facilities) shall be and remain the property of
PSE.
Section 5. Relocation Costs
5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation
Work (the "Relocation Cost Estimate") is $118,085.42 The Parties agree that the Relocation
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Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual
costs incurred in or allocable to the performance of the Relocation Work.
5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its
actual costs incurred during the performance of the Relocation Work, and in the event PSE
determines that such costs are likely to exceed the Relocation Cost Estimate by more than
twenty percent (20%), PSE shall so notify the Government Entity in writing. In such event
PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be
obligated to continue with performance of any Relocation Work unless and until PSE
receives the Government Entity’s written acceptance of PSE's revised Relocation Cost
Estimate and written notice to proceed with the Relocation Work. In the event PSE does not
receive such acceptance and notice from the Government Entity within ten (10) working days
from the date of PSE's notice, then PSE may, at its discretion, terminate this Agreement. In
the event of such termination, the Government Entity shall promptly pay PSE the amounts
payable to PSE in connection with termination under Section 5.5.
5.3 Relocation Costs. The Government Entity shall be responsible for, and shall
reimburse PSE for, all costs and expenses incurred by PSE in connection with the
performance the Relocation Work (the “Relocation Costs”). For purposes of this Agreement,
the Relocation Costs shall include, without limitation, any and all direct and indirect costs
incurred by PSE in connection with the performance of the Relocation Work, including, but
not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants,
attorneys and other professionals, administration and general expenses and taxes.
5.4 Statement of Costs - Invoice. Within sixty (60) days of the completion of the
Relocation Work, PSE shall provide the Government Entity with a statement and invoice of
the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period
after receipt of any written request from the Government Entity, such documentation and
information as the Government Entity may reasonably request to verify any such invoice.
5.5 Costs Upon Termination of Agreement. In the event either Party terminates
this Agreement, the Government Entity shall promptly pay PSE, the following:
(a) all costs and expenses incurred by PSE in connection with the
Relocation Work (including, without limitation, all Relocation Costs incurred through
the date of termination and such additional costs as PSE may incur in connection with
its suspension or curtailment of the Relocation Work and the orderly termination of
the Relocation Work); and
(b) all costs and expenses incurred by PSE in returning and restoring the
Facilities to normal and reliable commercial operations.
5.6 Payment. The Government Entity shall, within thirty (30) days after the
receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the
full amount of the invoice.
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Section 6. Indemnification
6.1 Indemnification. The Government Entity releases and shall defend,
indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs
and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising
out of any negligent act or omission or willful misconduct of the Government Entity in its
performance under this Agreement. PSE releases and shall defend, indemnify and hold
harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and
expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of
any negligent act or omission or willful misconduct of PSE in its performance under this
Agreement. During the performance of such activities employees or contractors of each Party
shall at all times remain employees or contractors, respectively, that Party and shall not be, or
be construed to be, employees or contractors, respectively, of the other Party.
6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification
obligations of a Party under this Section 6, each Party expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to
any such claim brought against the indemnified Party by or on behalf of any employee of the
indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying
Party from raising such immunity as a defense against any claim brought against the
indemnifying Party by any of its employees.
Section 7. Disclaimers and Limitation of Liability
7.1 Disclaimer. PSE makes no representations or warranties of any kind, express
or implied, with respect to the Relocation Work or other items or services provided under this
Agreement including, but not limited to, any implied warranty of merchantability or fitness
for a particular purpose or implied warranty arising out of course of performance, course of
dealing or usage of trade.
7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract,
warranty, tort or otherwise, to any other party or to any other person for any indirect,
incidental, special or consequential damages arising out of the performance or
nonperformance of the Relocation Work or this Agreement.
Section 8. Miscellaneous
8.1 Tariffs Control. This Agreement is in all respects subject to all applicable
tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any
conflict or inconsistency between any provision of this Agreement and any such tariff, the
terms of the tariff shall govern and control.
8.2 Survival. Sections 2, and 4 through 8 shall survive any termination of this
Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and
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following termination of this Agreement neither Party shall have any further obligations
arising under this Agreement and this Agreement shall be of no further force or effect.
8.3 Waiver. The failure of any Party to enforce or insist upon strict performance
of any provision of this Agreement shall not be construed to be a waiver or relinquishment of
any such provision or any other provision in that or any other instance; rather, the same shall
be and remain in full force and effect.
8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth
the complete and integrated agreement of the Parties. This Agreement cannot be amended or
changed except by written instrument signed by the Party to be bound thereby.
8.5 Force Majeure. In the event that either Party is prevented or delayed in the
performance of any of its obligations under this Agreement by reason beyond its reasonable
control (a "Force Majeure Event"), then that Party's performance shall be excused during the
Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil
disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other
condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental
agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its
contractors or a third party; or any failure or delay in the performance by the other Party, or a
third party who is not an employee, agent or contractor of the Party claiming a force Majeure
Event, in connection with the Relocation Work or this Agreement. Upon removal or
termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall
promptly perform the affected obligation in an orderly and expedited manner under this
Agreement or procure a substitute for such obligation. The Parties shall use all commercially
reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event.
8.6 Enforceability. The invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed
in all respects as if such invalid or unenforceable provisions were omitted.
8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or
other communication under this Agreement given by either Party to the other Party shall be in
writing and shall be delivered in person to an authorized representative or mailed, properly
addressed and stamped with the required postage, to the intended recipient at the address and
to the attention of the person specified below the Parties' respective signatures on this
Agreement. Either Party may from time to time change such address by giving the other
Party notice of such change in accordance with this section.
8.8 Governing Law. This Agreement shall be interpreted, construed and
enforced in all respects in accordance with the laws of the State of Washington. This
Agreement shall be fully binding upon the Parties and their respective successors, assigns and
legal representatives.
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In witness whereof, the Parties have executed this Agreement as of the date set forth above.
PSE: Government Entity:
Puget Sound Energy, Inc.
By By
Its Its
Address: Address:
Attn: Attn:
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EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS
-9-
EXHIBIT B
RELOCATION WORK
(TO INCLUDE A DESCRIPTION OF THE WORK TO BE PERFORMED BY PSE
TOGETHER WITH A SCHEDULE FOR THE PERFORMANCE OF THE WORK
AND A DESCRIPTION OF ANY NEW OPERATING RIGHTS REQUIRED FOR
THE PERFORMANCE OF THE WORK)
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Agenda Item: Consent Calendar – 8L_
TO: City Council
DATE: March 6, 2018
SUBJECT: Agreement with CenturyLink for Downey Farmstead Utility Relocation -
Authorize
SUMMARY: The Downey Farmstead Restoration Project includes a side-channel
network adjacent to the Green River to improve rearing and refuge habitat for juvenile
salmon, and which will also provide additional floodplain storage.
To accomplish this important restoration, Frager Road will be moved away from the
river’s edge and Puget Sound Energy and CenturyLink overhead cables and poles will
need to be moved. This agreement will fund and authorize CenturyLink to move its
utilities out of the way of the habitat project.
EXHIBITS: CenturyLink Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY: N/A
BUDGET IMPACTS: CenturyLink utility relocation and associated City costs are
funded by two grants – one from King County Cooperative Watershed Management
Fund ($120,000) approved by Council on 1/16/18 and another from Puget Sound
Acquisition and Restoration Fund ($77,800) approved by Council on 5/16/17. Grants
will pay for the agreement with CenturyLink along with City engineering costs.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
MOTION: Authorize the Mayor to sign a Special Construction Proposal with
CenturyLink to relocate utility lines to accommodate the Downey Farmstead
Restoration Project, in an amount not to exceed $21,032.21, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
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Special Construction Proposal
Job Authorization No:N059286
Contract No No
CTL Affiliate:Qwest Corporation
Twenty-One Thousand Thirty-Two Dollars and 21/100
Matt Knox
City of Kent
220 Fourth Ave S.
Downey Farmstead
County KING
KENT, WA
Billing Address:Work Location:
Date:2/14/2018
This Special Construction Proposal ("Proposal") is governed by the terms and conditions set forth herein as well as any
applicable state or federal tariffs and/or rates and services schedules on file with the applicable regulatory authorities.
Description and/or specifications of work, along with the bill amount, of work to be performed by an operating affiliate of
CenturyLink, Inc. ("CenturyLink") under this Proposal ("Work") is as follows:
CenturyLink
Authorized Signature:
Name Printed/Typed:
Title:
Date:
Customer
Authorized Signature:
Name Printed/Typed:
Title:
Date:
Customer:
Attention:
kent, WA 98032
Total Charges:
Excavate and intercept buried cable at two separate locations for the purpose of rerouting a Centurylink cable 50' west
towards the Green River. Work involves placing two 1730 handholes, Pro-8 pedestal, 100' of 300 pair cable, open cutting the
Signature Point parking lot for the purpose of placing a 4" PVC with cable. Centurylink to place pedestal 4' NW of the new 55'
PSE pole from which Centurylink will be placing a 275' aerial span over the Green River. After crossing the Green River it will
be necessary to excavate a section of existing buried cable and splice into new aerial crossing. Proposal includes, design,
engineering, right of way research, permitting, labor, and materials
$21,032.21Advance Payment (required before work begins):
This Proposal may be withdrawn by CenturyLink if not accepted by the Customer within 30 days. Upon execution by both parties, this
Proposal and the terms and conditions of any applicable tariffs and/or rates and services schedules on file with the applicable
regulatory authorities shall constitute a binding agreement upon the parties. In no event will the terms and conditions of another
document, including but not limited to a purchase order, be construed to in any way govern the Work or otherwise bind the parties to
this Proposal. The parties acknowledge and agree that the terms and conditions set forth in this Proposal and the applicable tariffs
and/or applicable rates and services schedules shall be the only controlling terms and conditions binding the parties for the Work and
that commencement of Work by CenturyLink is conditioned upon agreement in writing to these terms.
For the Work performed hereunder, Customer will be responsible for the above charges only, unless (i) the above-stated amount is expressed as
an estimate; (ii) otherwise stated above; or (iii) a change order is signed by both parties. All charges shall be paid prior to commencement of the
Work (“Advance Payment”) unless an alternative payment method is set forth above. All past due undisputed accounts will be assessed a late fee
at 14% APR. Where applicable, and notwithstanding the foregoing, Customer shall also be responsible for foreign, federal, state and local taxes
assessed in connection with the Work, including, without limitation, all use, sales, value added, surcharges, excise, franchises, commercial, gross
receipts, license, privilege or other similar charges, whether charged to or against CenturyLink or Customer, but excluding any taxes based on
CenturyLink’s net income.
*Note If applicable, the Work proposed here is separate from any work that may be performed pursuant to any other order or agreement, including
but not limited to a Pre -Service Request for cell site provisioning.
For Governmental Customers only, CenturyLink will submit an invoice of charges upon completion of the Work, payable within forty five
(45) days of receipt. Past due undisputed amounts will be assessed a late fee of 14% APR or such lesser amount if required under applicable
state and/or federal law.
Proposal CenturyLink Confidential and Proprietary Version: 11-16-2015Page 1 of 1
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munity partnerships.
Agenda Item: Consent Calendar – 8M_
TO: City Council
DATE: March 6, 2018
SUBJECT: 2018 City Art Plan and 2018-2022 Five Year Plan - Adopt
SUMMARY: The attached City Art Plan details projects for 2018 and lists art
expenditures planned for 2018-2022 as part of the 5-year plan. The Visual Arts
Committee worked with staff to craft the plan which was approved by Kent Arts
Commission on January 9, 2018.
EXHIBITS: 1) 2018 City Art Plan and 5 Year Plan. 2) Ordinance 2552
RECOMMENDED BY: Parks and Human Services Committee
YEA: Brenda Fincher, Satwinder Kaur NAY:
BUDGET IMPACTS: None
STRATEGIC PLAN GOAL(S):
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
MOTION: Authorize the Mayor to approve the 2018 City Art Plan and
Five-Year Plan.
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CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2018 CITY ART PLAN
FIVE YEAR CITY ART PLAN, 2018 – 2022
Ordinance 2552
Approved:
Visual Arts Committee 1/9/18
Kent Arts Commission 1/9/18
City Council Sub-Committee:
City Council
2
CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2018 CITY ART PLAN
NEW PROJECTS 2018
Budget
Community Art Project: Kent Creates 7,481
Portable Purchases: Summer Art Exhibit Purchase Program 14,528
Collection Maintenance and Programming 15,000
Art Master Plan: Meet Me On Meeker 30,000
Art Project: Utility Boxes 15,000
Opportunity fund (capital projects, strategic art acquisition, economic
development)
31,841
TOTAL 2018 BUDGET FOR 19026223.4310 $113,850
OTHER EXPENSES
Salary & Administration (supplies, professional services,
maintenance/repair)
$135,150
TOTAL 2018 BUDGET FOR 10006223.4310 $135,150
Total $2 / capita 124,500 x 2
$249,000
PREVIOUSLY APPROVED PROJECTS
Community Art Project: Kent Creates ($8,019 left from 2017) 8,019
Portable Purchases: Summer Art Exhibit Portable Purchase Program ($472
left from 2017)
472
Collection Maintenance/Programming ($39,230 carried over from 2017) 39,230
Art Project: Utility Boxes ($10,000 left from 2017) 10,000
Opportunity fund ($154,995 carried over from 2017) 154,995
Capital Project artwork: Morrill Meadows/East Hill Park ($120,000 carried
over from 2017)
120,000
Capital Project artwork: Kent Valley Loop Trail ($4,431 left from 2013,
$40,000 approved in 2014)
44,431
Subtotal $377,147
TOTAL 2018 Anticipated Expenditures
$626,147
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KENT ARTS COMMISSION
2018 CITY ART PLAN NARRATIVE
Project Title: Community Project Artwork: Kent Creates
Project Description: Kent Creates, a web platform for sharing art, culture, and creative
endeavors, was launched in 2016. The project fosters inclusiveness by highlighting the talent
and creativity of the Kent community. Participants upload projects to an automated website.
Submissions are reviewed and published on a quarterly basis, with selected projects receiving an
honorarium. Projects can fall within the traditional arts (poetry, painting, music); the community
arts (culinary arts, fiber arts, metal arts); and the unexpected. Participants submit a description
of their project that will provide information and inspire other Kent residents to get creative.
Estimated Costs: $15,500 ($6,000 for honorariums [$1,000 outstanding 2017],
$4,500 for maintenance/hosting, $3,000 for promotion, $2,000
contingency/additional exhibits
Funding Source: 2018 City Art Plan: $7,481
2017 City Art Plan Carry Over: $8,019
City Partner: Information Technology
Background: Nationally, arts organizations are changing how they interact with the community.
Traditionally, we have been presenters but now we also want to provide platforms for
collaboration. Kent Creates is a prototype project that will allow the people who live, work and
play in Kent to share their creativity with one another.
Location: Online
Project Title: Summer Art Exhibit Purchase Program
Project Description: Purchase quality artworks from area artists that enhance the value of the
City Portable Art collection. The artworks are exhibited in publicly accessible areas of City
facilities, helping to beautify Kent. Budget for artwork purchases ensures high quality of
applicants to Summer Art Exhibit and allows for more strategic purchases.
Estimated Costs: $15,000
Funding Source: 2018 City Art Plan: $14,528
2017 City Art Plan Carry Over: $472
City Partner: Facilities
Background: The City of Kent Arts Commission collection of portable artwork includes a variety
of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit
purchase award program. The portable collection introduces art into areas where the community
does business. A work environment that includes amenities such as art has been shown to
increase productivity and job satisfaction, but the primary purpose is serving the public.
Location: City of Kent facilities
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Project Title: Collection Maintenance and Programming
Project Description: Projects include outdoor sculpture maintenance and collection repair,
helping to sustain existing assets. Projects in 2018 may include repair and repainting of Railroad
Yard mural at Titus Railroad Park (Mary Iverson, 2006); assessment of Daily Migration train
corridor sculptures (Dos Remedios, 2005); cleaning and sealing of Three Friends sculptures
(Steve Jensen, 2007); cleaning and sealing of Cedar and Salmon totem pole (David Boxley,
1992); assessment of WATER sculpture (Barbara Grygutis, 1993); and various repair and
maintenance projects.
Estimated Costs: $54,230
Funding Source: 2018 City Art Plan: $15,000
2017 City Art Plan Carry Over: $39,230
Background: This fund may be used for maintaining and providing programming for existing
artworks.
Project Title: Art Master Plan: Meet Me on Meeker
Project Description: The City of Kent plans to revitalize the Meeker Street Corridor to create
safer public spaces, generate a greater sense of community pride, and spur economic vitality.
The Economic and Community Development Department contracted with KPG to develop
Streetscape Design and Construction Standards, which were adopted by Kent City Council in
December 2017. The resulting document will provide guidance for City staff, property
owners/developers, and engineering and design consultants for the design and construction of
the Meeker Street Streetscape. The Standards demonstrate the City’s vision for the full build-out
of Meeker Street; they will ensure that the streetscape design, including materials and
furnishings used, will create an attractive and cohesive look and feel for the corridor.
The Streetscape Design and Construction Standards document calls out opportunities for public
art, including “gateway” and “feature” locations, as well as “wayfinding signage” locations. The
Arts Commission intends to select an artist or artist team, through a competitive process, to
develop an Art Plan to dovetail with the Meeker Street Streetscape Design and Construction
Standards, providing a roadmap for potential art projects along the corridor and setting
standards for art that may be implemented by the City, as well as private developers in the
years to come, providing spaces for the everyday interaction of people, community events, and
for the development of adjoining private property.
Estimated Costs: $30,000
Funding Source: 2018 City Art Plan: $30,000
City Partner: Economic and Community Development
Background: The vision for the Meeker Street Corridor is that the streetscape will provide a
stimulating urban environment with a mix of contemporary aesthetics, diverse playfulness,
interactive pedestrian themes, and bike facilities. Integrating public art throughout the corridor
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will serve all the design principles: attracting and supporting pedestrian activity, creating
character and a sense of place and community, humanizing the street corridor, designing for
aesthetics as well as function, creating a safe environment, and utilizing sustainable options.
Location(s): Meeker Street corridor from Kent-Des Moines Road to 4th Avenue
Project Title: Utility Boxes
Project Description: In 2017, Kent Arts Commission staff worked with the Police Department,
Economic Development and Public Works to identify utility/signal boxes to wrap with artwork
(printed on vinyl) to deter graffiti. The Kent Arts Commission issued a call to artists, which was
very successful. Five artists were selected to design artwork for five boxes. Eight boxes/artworks
are planned for 2018.
Estimated Costs: $25,000 (Approx. $2,500/box, 8
boxes projected in 2018 +
contingency)
Funding Source: 2018 City Art Plan: $15,000
2017 City Art Plan: $10,000
ECD funding: ?
City Partner: Police Development, Public Work, ECD
Background: Many cities are using vinyl artwork wraps on utility/signal boxes to beautify their
communities and to defer graffiti. Local examples are Shoreline and Federal Way.
Location(s): Varied/TBD
Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development
implementation)
Project Description: Identify and implement art project(s) to address City and community goals.
This funding allows the Arts Commission to incorporate significant artwork into capital projects,
acquire artwork for specific locations or needs, and contribute artwork to implementation of the
City of Kent Economic Development Plan. Possibilities include an initial project as part of the
Meeker Street Corridor, other gateway projects, partnerships with Economic Development
and/or the Kent Downtown Partnership, and acquiring art work to strategically build the City’s
collection.
Estimated Costs: $186,836
Funding Source: 2018 City Art Plan: $31,841
2017 City Art Plan Carry Over: $154,995
City Partner: Economic Development, Parks Planning and Development
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Background: Kent Arts Commission staff continues on-going discussions with Economic
Development staff about ways to partner and use art to achieve community Economic
Development goals. The Kent Downtown Partnership has a renewed interest in incorporating
more art in downtown Kent, providing more potential partnership opportunities.
Location(s): TBD
PREVIOUSLY APPROVED PROJECTS
Project Title: Capital Project Artwork(s): East Hill Park and Morrill Meadows Park
Project Description: The City of Kent is currently in the design phase for renovation of Morrill
Meadows community park. The project will expand the park, as well as, in partnership with the
YMCA of Greater Seattle, build the city’s first YMCA.
Part of the park renovation will include adding parcourse stations to various locations along a
new loop trail. While there are off-the-shelf parcourse stations available for purchase, it is the
City’s desire to create a series of functional artworks that can both be enjoyed as visual
amenities and used as part of a fitness routine. An artist or artist team will be selected, through
a competitive process, to design, fabricate, and oversee installation of five freestanding
parcourse pieces.
Estimated Costs: $120,000
Funding Source: 2017 City Art Plan: $50,000
2016 City Art Plant Carry Over: $70,000
City Partner: Parks Planning and Development
Background: The City of Kent and the YMCA are collaborating on a project to build a new YMCA
facility on the East Hill Park site. As part of that project, the YMCA and Morrill Meadows Park
have been designed to complement one another, to create a YMCA facility at a community park.
The recreational value lost at the former East Hill Park site will be replaced with new and
improved recreational amenities at Morrill Meadows Park, including these artist designed
parcourse stations.
Project Title: Capital Project Artwork(s): Kent Valley Loop Trail
Project Description: Parks Department has long-term plans to create a Kent Valley Loop Trail
system. This system of varying length trails along the Green River will link Riverview Park (yet to
be constructed), Foster Park, Van Doren’s Landing, and Boeing Rock. The Kent Arts Commission
intends to commission artwork(s) as part of the Kent Valley Loop Trail when it becomes
appropriate with project development timing.
Parks Planning and Development contracted with Berger Partnership to develop a Master Plan for
the project in 2013. Through a competitive selection process, the Kent Arts Commission selected
Ellen Sollod to serve as the artist representative on the master planning team and to create an
art plan for the Kent Valley Loop Trail.
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Ms. Sollod identified and recommended several projects as a cost effective approach to
maximizing the impact of the public art program’s resources over the coming years. The Kent
Arts Commission will determine the priority and ordering of projects based on Parks Department
plans for trail improvements. Potential projects:
-“Finding One’s Way” – A system of artist designed trail markings, interpretive signs. ($11,000)
-“Sightings and Soundings” – A photographer and sound artist would be commissioned to create
a sensory experience that complements and enhances the trail. The product would be available
on-line, as a “print on-demand” book/CD, and potentially through an exhibit. ($22,000)
-“Temporary Interventions” – Projects to draw attention and people to the trails. ($20,000)
Estimated Costs: $44,431
Funding Source: 2013 and 2014 City Art Plan
City Partner: Parks Planning and Development
Background: The vision for the Kent Valley Loop Trail is to enhance recreation opportunities
at Kent’s river-front parks and along the Green River Trail that connects them. Integrating public
art throughout the trail and parks will enrich trail and park users' experience and provide a
cultural tourism draw.
Location: Kent Valley Loop Trail/parks along Green River
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KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2018 – 2022
2018 PROJECTS COSTS
Projects 113,850
Community Art Project: Kent Creates 7,481
Portable Collection Purchases 14,528
Art Master Plan: Meet Me on Meeker 30,000
Art Project: Utility boxes 15,000
Opportunity fund (capital projects, strategic acquisition, economic
development)
Collection maintenance and programming
31,841
15,000
Administration/Maintenance 135,150
Total $249,000
2019 PROJECTS COSTS
Projects 113,000
Capital Project artwork(s): Kent Valley Loop Trail or Van Doren’s Landing 30,000
Portable Collection Purchases
Capital Project artwork(s): Meet Me on Meeker
15,000
30,000
Kent Creates
Opportunity fund (capital projects, strategic acquisition, economic
development)
15,000
8,000
Collection maintenance and programming 15,000
Administration/Maintenance 136,000
Total $249,000
2020 PROJECTS COSTS
Projects 111,000
Capital Project artwork(s): Van Doren’s Landing
Capital Project artworks(s): Meet Me on Meeker
30,000
26,000
Opportunity fund (capital projects, strategic acquisition, economic
development)
10,000
Portable Collection Purchases 15,000
Kent Creates 15,000
Collection maintenance and programming 15,000
Administration/Maintenance 138,000
Total $249,000
2021 PROJECTS COSTS
Projects 111,000
Capital Project artwork(s) 50,000
Opportunity fund (capital projects, strategic acquisition, econ. dev.) 20,000
Portable Collection Purchases 15,000
Kent Creates 15,000
Collection maintenance and programming 11,000
Administration/Maintenance 138,000
Total $249,000
2022 PROJECTS COSTS
Projects 111,000
Opportunity fund (capital projects, strategic acquisition, econ. dev.) 65,000
Portable Collection Purchases 15,000
Kent Creates 15,000
Collection maintenance and programming 16,000
Administration/Maintenance 138,000
Total $249,000
Sections:
4.04.010 Established.
4.04.020 Art account created.
4.04.030 Guidelines and procedures.
4.04.010 Established.
A. The city art fund may be used for all costs for works of art, administrative costs of the city art program, and
all costs of installation and maintenance.
B. The city arts commission shall recommend the amount to be made available for the purchase of art, in
consultation with city staff. The designation of projects and sites, selection, contracting, purchase,
commissioning, review of design, execution and placement, acceptance, maintenance, sale, exchange, or
disposition of works of art shall be recommended by the arts commission and staff, for approval by the city
council, in accordance with the city art program guidelines.
C. All works of art purchased and commissioned under the city art program shall become a part of a city art
collection. The city art collection shall be developed, administered and operated by the arts commission with
cooperation and support of the parks and recreation department staff.
D. The works of art may be placed on public lands, integrated with or attached to a public building or structure,
detached within or outside a public building or structure, or part of a portable collection or exhibit.
E. Nothing in this chapter shall limit the amount of money the city may expend for art.
(Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.020)
4.04.020 Art account created.
There is hereby established a city art account. Monies for the fund shall be received from:
1. Annual city budget. Two dollars ($2) per budget year for each city resident, based upon population
data certified by the State Office of Financial Management. Budgeted, but unspent funds shall be
maintained in the art fund, and carried forward at the end of each budget year.
2. Gifts, donations and grants. Private or public gifts, endowments, donations, bequests or other grants.
3. Other. Such other sources as may be available.
(Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.010)
Cross reference(s) – Specific funds, ch. 3.40.
4.04.030 Guidelines and procedures.
A. Upon consultation with the city arts commission, guidelines and procedures shall be prepared by staff for the
implementation of the city art program. Such guidelines and procedures shall be reviewed by the city arts
commission annually, and recommendations shall be made to the city council for approval.
B. A city art plan including a schedule and budget for all city art program projects shall be prepared and
updated annually by the city arts commission and city parks and recreation department staff. The city art plan
shall be reviewed and approved annually by the city council.
(Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.030)
Agenda Item: Consent Calendar – 8N_
TO: City Council
DATE: March 6, 2018
SUBJECT: 2018 CDBG Annual Action Plan - Adopt
SUMMARY: The city of Kent receives Community Development Block Grant (CDBG)
funds from the U.S. Department of Housing and Urban Development (HUD) as an
Entitlement City. To receive this funding, the City is required to submit a Five-Year
Consolidated Plan for Housing & Community Development. The City’s Consolidated
Plan is in effect from 2015-2019. Prior to the beginning of each year of the
Consolidated Plan, the City must inform HUD and the community of the specific
actions that the City will execute to implement the objectives and strategies of the
Consolidated Plan; this is outlined in the 2018 Action Plan. The Action Plan also
includes the allocation of estimated resources that will be used to carry out the
objectives and strategies, and a description of each program that will receive funds. In
addition to investing the full 15% allowable by law into public service activities and
20% in planning and administration, the City recommends that a significant portion of
CDBG funds be used to support the City's Home Repair Program. This program serves
many low-income, disabled and senior homeowners in Kent by providing needed
repairs to maintain and preserve housing.
Citizen Participation:
• January 10, 2018, the City held its first public hearing to receive comments
from Kent residents, low/moderate-income persons, non-governmental
organizations (AKA nonprofits), and other interested parties regarding the
development of the City’s 2018 CDBG Annual Action Plan (public comments are
attached)
• January 22, 2018, the city of Kent published a public notice on its website and
informed the community, organizations, and stakeholders that the draft 2018
CDBG Annual Action Plan was available for review and comment for a period of
thirty (30) days
• February 12, 2018, the Human Services Commission convened an evening
public hearing for the purpose of taking comments on the 2018 Annual Action
Plan
EXHIBITS:
• Draft of city of Kent 2018 Annual Action Plan
• Application for Federal Assistance
• CDBG Certifications
• 2018 Action Plan Public Comments (1st public hearing-January 10, 2018)
RECOMMENDED BY: Parks and Human Services Committee
MOTION: Adopt the proposed Community Development Block Grant 2018
Annual Action Plan (including funding allocations and contingency plans)
and authorize the Mayor to execute the appropriate certifications and
agreements.
YEA: Brenda Fincher, Satwinder Kaur NAY:
BUDGET IMPACTS: The estimate of $1,054,657.00 may increase or decrease
depending upon the final federal appropriations bill Congress passes. Therefore, the
recommended funding includes a contingency plan to address any potential fund
changes that may occur when Congress adopts the 2018 budget. This budget was
adopted as part of the 2017/2018 Adopted Budget and the following budget accounts
were impacted by the budget: B00118, B00218, and B00318.
STRATEGIC PLAN GOAL(S):
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
Annual Action Plan
2018
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Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)
1. Introduction
The Consolidated Plan for Housing and Community Development is a report which informs the
community, stakeholders and the Department of Housing and Urban Development (HUD) how the City
of Kent (hereinafter referred to as “the City”) will invest its Community Development Block Grant from
2015-2019. This report is for the fourth year of the CP (2018). The report also identifies the objectives
and strategies that will guide the City’s investment. Objectives and strategies are fueled by the City’s
overarching goal to build a healthy community.
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to
another location. It may also contain any essential items from the housing and homeless needs
assessment, the housing market analysis or the strategic plan.
The broad national objectives are as follows:
• Activities benefiting low/moderate-income persons
• Activities which aid in preventing or eliminating slums or blight
• Activities meeting community development needs that have a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of the
community and other financial resources do not exist to meet such needs
The 2015-2019 Consolidated Plan directs funds predominately toward meeting the national objective of
benefitting low/moderate-income persons.
Outcomes are as follows:
• Accessibility to a suitable living environment
• Accessibility to decent and affordable housing
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2018
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3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or
projects.
During the past year, the City realized significant gains on its investments and improved the lives of
many Kent residents. Outcomes for 2017 were:
Accessibility to decent housing
• 120 households received home repair assistance
• 164 persons received transitional housing
• 3 individuals received shelter
• 63 housing stability grants were provided (these grants are largely unduplicated)
Accessibility to suitable living environment
• 43 youth with intellectual disabilities received case management services
• 48 persons received employment and training assistance
• 134 refugee students received educational support
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
The development of the Annual Action Plan included a citizen participation process involving public
notification of the availability of the plan draft and an opportunity for comments prior to finalizing the
Action Plan. Those notified included limited English speaking persons, racial and ethnic minorities, and
new Americans. Persons with disabilities were encouraged to participate, and the public notice included
a description of how accommodations are provided for people with disabilities.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen
Participation section of the Con Plan.
• The City hosted a meeting prior to the release of its Annual Action Plan draft. Individuals at the
meeting noted that the City has been investing 65% of its CDBG funds into the Home Repair and
Energy Efficiency Programs (both programs are delivered by City staff and private contractors),
and eligible clients must own their homes. Stakeholders at the meeting asked the City to
consider diversifying the use of these funds so that they reach residents who cannot afford to
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2018
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purchase houses, especially with the increasing rise in housing costs. For example, could the City
invest in infrastructure or public spaces that would benefit low/moderate-income residents?
• An individual working with an organization that provides assistance to refugees requested that
the City invest in a homeless prevention program to benefit residents who need assistance
navigating services.
• An individual requested that the City invest in a program to help increase civic engagement and
connection to the City and amongst residents.
• An individual requested that the City provide capacity building assistance to small non-profits
working with low/moderate-income persons.
• All of the attendees asked the City to increase pathways for the community to influence the
development of projects that receive funding; e.g., what about creating a way for residents to
submit funding ideas and setting aside funds for a nonprofit to apply for the funds to invest in
such a project(s)?
6. Summary of comments or views not accepted and the reasons for not accepting them
N/A.
7. Summary
[To be added after the public comment period closes.]
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PR-05 Lead & Responsible Agencies - 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of
each grant program and funding source.
Agency Role Name Department/Agency
Lead Agency KENT
CDBG Administrator City of Kent, Housing & Human Services
HOPWA Administrator
HOME Administrator
HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative
Consolidated Plan Public Contact Information
Merina Hanson, Housing & Human Services Manager, Program Administrator
City of Kent
220 4th Ave. S
Kent, WA 98032
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2018
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(253) 856-5070/mhanson@kentwa.gov
Dinah R. Wilson, CDBG Coordinator, CDBG Program Manager
Same address & phone
drwilson@kentwa.gov
Annual Action Plan
2018
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AP-10 Consultation - 91.100, 91.200(b), 91.215(l)
1. Introduction
The City of Kent consulted with multiple entities, including South King County cities (the cities of Auburn
and Federal Way are the two other entitlement cities in South County), the King County Housing
Authority, King County Department of Community and Human Services, nonprofit agencies delivering
services in Kent and the subregion, Washington State Department of Social and Health Services, Public
Health-Seattle and King County, Kent Cultural Diversity Initiative Group, and United Way of King County.
The City of Kent carries out homeless planning and coordination as a regional issue. Kent works with All
Home (formerly the Committee to End Homelessness in King County), King County, cities, mainstream
systems, Safe Harbors, housing funders, community agencies, United Way, the private sector (including
businesses), and homeless people.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(l)).
Kent Housing and Human Services Division meets regularly with other King County jurisdictions, public
housing authorities and State Departments to develop strategies and implement plans to improve the
quality of service and access for low-income residents in the city and throughout the region.
Additionally, the City participates in quarterly meetings with King County staff, including Public
Health Seattle/King County, to review implementation and delivery of services funded through regional
efforts. The City will continue to participate in All Home strategic planning efforts, funding review panels
for Continuum of Care (CoC), Emergency Shelter Grant, McKinney funding, and other housing funding
application review teams.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
Over the past eight (8) years, SKC stakeholders have met to deepen cross-jurisdictional coordination,
create a common understanding for housing and homelessness needs and strategies for SKC, and move
forward strategies in the SKC Response to Homelessness. Two separate groups currently meet – the SKC
Homeless Action Committee and the SKC Joint Planners. The work of both of these groups will be
supported by the South King Housing & Homelessness Partnership (SKHHP). Staff regularly participates
in regional Continuum of Care (CoC) discussions.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in
determining how to allocate ESG funds, develop performance standards for and evaluate
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2018
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outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
The City consults with All Home, which in turn, consults with the State on behalf of the local jurisdiction.
Staff participates in the All Home Funder Alignment Committee and Joint Recommendations Committee,
which review recommendations for allocation of funds. Staff consults with King County on HUD HMIS
data standards and performance indicators to capture and evaluate the CoC’s performance regarding
the reduction of homelessness through investments in homeless housing and services, and rapid re-
housing.
2. Agencies, groups, organizations and others who participated in the process and
consultations
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Table 2 – Agencies, groups, organizations who participated
1 Agency/Group/Organization CATHOLIC COMMUNITY SERVICES
Agency/Group/Organization Type Housing
Services - Housing
Services-homeless
Regional organization
What section of the Plan was addressed by Consultation? Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation
or areas for improved coordination?
Agency provided Annual Action Plan draft and given opportunity to
comment. Comments were considered before the City submitted a
final plan to HUD.
2 Agency/Group/Organization MULTI-SERVICE CENTER
Agency/Group/Organization Type Housing
Services - Housing
Services-homeless
Regional organization
What section of the Plan was addressed by Consultation? Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation
or areas for improved coordination?
Agency provided Annual Action Plan draft and given opportunity to
comment. Comments were considered before the City submitted a
final plan to HUD.
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2018
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3 Agency/Group/Organization Refugee Women's Alliance
Agency/Group/Organization Type Services-Elderly Persons
Services-Victims of Domestic Violence
Services-Employment
Regional organization
Immigrants & Refugees
What section of the Plan was addressed by Consultation? Homeless Needs - Families with children
Non-Homeless Special Needs
Services for LEP individuals, immigrants & refugees
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation
or areas for improved coordination?
Agency provided Annual Action Plan draft and given opportunity to
comment. Comments were considered before the City submitted a
final plan to HUD.
4 Agency/Group/Organization Open Doors for Multicultural Families
Agency/Group/Organization Type Services-Persons with Disabilities
What section of the Plan was addressed by Consultation? Homeless Needs - Families with children
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation
or areas for improved coordination?
Agency provided Annual Action Plan draft and given opportunity to
comment; executive director provided comments at Public Hearing.
Comments were considered before the City submitted a final plan to
HUD.
5 Agency/Group/Organization St. Stephen Housing Association
Agency/Group/Organization Type Housing
Services - Housing
Services-homeless
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2018
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What section of the Plan was addressed by Consultation? Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation
or areas for improved coordination?
Agency provided Annual Action Plan draft and given opportunity to
comment. Comments were considered before the City submitted a
final plan to HUD.
6 Agency/Group/Organization Puget Sound Training Center
Agency/Group/Organization Type Regional organization
Employment
What section of the Plan was addressed by Consultation? Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation
or areas for improved coordination?
Agency provided Annual Action Plan draft and given opportunity to
comment. Comments were considered before the City submitted a
final plan to HUD.
7 Agency/Group/Organization YWCA
Agency/Group/Organization Type Housing
Services-Children
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Families with children
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation
or areas for improved coordination?
Agency provided Annual Action Plan draft and given opportunity to
comment. Comments were considered before the City submitted a
final plan to HUD.
Annual Action Plan
2018
11
OMB Control No: 2506-0117 (exp. 06/30/2018)
Identify any Agency Types not consulted and provide rationale for not consulting
All agency types were consulted either in person, via email, or the City provided a link to the AAP draft and provided information on how the
agency could comment. Most of the agencies listed-above were awarded CDBG funds in 2017. A host of other agencies and entities were also
consulted; e.g., King County Housing Authority, Mercy Housing, Kent Youth & Family Services, Coalition for Refugees from Burma, Kent Black
Action Coalition, People of Color Against Aids Network (POCAAN), United Way of King County, Kent Cultural Diversity Initiative Group, World
Relief Seattle, Lutheran Counseling Services, Public Health - Seattle/King County, Seattle Foundation, Kent School District, Heart of African
Services, Mother Africa, Green River Community College, Mercy Housing NW, Valley Cities Counseling, Puget Sound Education Service District,
King County Sexual Assault Resource Center, Habitat for Humanity Seattle, Washington Rehabilitation Council, King County Bar Association,
Communities in Schools Kent, etc.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care King County
Overlaps with City's goal of accessibility to decent housing. McKinney Continuum of Care-Supportive
Housing Program: funds transitional housing and related supportive service for people moving from
homelessness to independent living, as well as permanent housing.
All Home King County
Overlaps with City's goal of accessibility to decent housing: Plan calls for prevention of homelessness
& creation of new permanent housing and supportive services for those who need them to maintain
housing
Move to Work
Annual Plan
King County
Housing Authority
Overlaps with City's goal of accessibility to decent housing: Plan calls for prevention of homelessness
& creation of new permanent housing and supportive services for those who need them to maintain
housing
Table 3 - Other local / regional / federal planning efforts
Narrative
Annual Action Plan
2018
12
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-12 Participation - 91.401, 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
The development of the Annual Action Plan included a citizen participation process involving public notification of the availability of the plan
draft and an opportunity for comments prior to finalizing the Action Plan. Persons with disabilities were encouraged to participate, and the
public notice included a description of how accommodations are provided for people with disabilities.
Annual Action Plan
2018
13
OMB Control No: 2506-0117 (exp. 06/30/2018)
Citizen Participation Outreach (comments submitted after the City releases the AAP draft will be added after the comment period
closes)
Sort Order Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
Annual Action Plan
2018
14
OMB Control No: 2506-0117 (exp. 06/30/2018)
Sort Order Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Hearing
Minorities
Persons with
disabilities
Non-
targeted/broad
community
Residents of Public
and Assisted
Housing
Limited English
Speaking
Three
representatives from
organizations and
one community
member attended
the public
meeting/hearing held
prior to the release of
the Action plan.
[insert # after the
hearing] individuals
attended the public
hearing
-Consider diversifying
the use of capital
fund so that they
reach residents who
cannot afford to
purchase houses
-Invest in a homeless
prevention program
- Invest in a program
to help increase civic
engagement and
connection to the
City and amongst
residents
-Provide capacity
building assistance to
small non-profits
working with
low/moderate-
income persons
- Increase pathway
for residents to shape
projects
N/A
Annual Action Plan
2018
15
OMB Control No: 2506-0117 (exp. 06/30/2018)
Sort Order Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
2 Internet Outreach
Minorities
Persons with
disabilities
Non-
targeted/broad
community
Residents of Public
and Assisted
Housing
None None N/A
3 E-Mail
Minorities
Persons with
disabilities
Non-
targeted/broad
community
Residents of Public
and Assisted
Housing
1 comment
Invest in after- school
programs especially
for elementary school
students and charge
a sliding scale fee,
with the lowest fee at
$10.00 per
month. The city
should also increase
its investment in the
Parallel Application
pilot projects.
N/A
Table 4 – Citizen Participation Outreach
Annual Action Plan
2018
16
OMB Control No: 2506-0117 (exp. 06/30/2018)
Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
The City of Kent anticipates having the following funding sources available over the next five years:
• CDBG
• City of Kent General Fund Allocation for Human Services
Anticipated Resources
Program Source
of Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 1,054,657 0 0 1,054,657 896,458
CDBG funds leverage additional federal
and state funds. Agencies are able to
combine funding sources in order to
provide a wider range of services to the
community.
General
Fund
public -
federal
Public Services
954,920 0 0 954,920 1,000,000
City of Kent General Funds dedicated by
ordinance for human services
Table 5 - Expected Resources – Priority Table
Annual Action Plan
2018
17
OMB Control No: 2506-0117 (exp. 06/30/2018)
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
CDBG funds do not require a match; however we are constantly looking for additional funds to supplement the CDBG Program
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs
identified in the plan
N/A
Discussion
Annual Action Plan
2018
18
OMB Control No: 2506-0117 (exp. 06/30/2018)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Affordable Housing to
homeless and those at
risk
2015 2019 Affordable Housing
Homeless
Affordable
Housing
CDBG:
$730,527
Public service activities for
Low/Moderate Income Housing
Benefit: 40 Households Assisted
Homeowner Housing
Rehabilitated: 90 Household
Housing Unit
2 Basic Needs 2015 2019 Homeless
Non-Housing
Community
Development
Basic Needs
Services
CDBG:
$108,199
Public service activities other
than Low/Moderate Income
Housing Benefit: 122 Persons
Assisted
3 Planning and
Administration
2015 2019 Planning and
Administration
Planning and
Administration
CDBG:
$210,931
Other: 0 Other
4 Increase Self
Sufficiency
2015 2019 Non-Housing
Community
Development
Economic
Opportunities
CDBG:
$5,000
Other: 40 Other
Table 6 – Goals Summary
Goal Descriptions
Annual Action Plan
2018
19
OMB Control No: 2506-0117 (exp. 06/30/2018)
1 Goal Name Affordable Housing to homeless and those at risk
Goal Description
2 Goal Name Basic Needs
Goal Description
3 Goal Name Planning and Administration
Goal Description
4 Goal Name Increase Self Sufficiency
Goal Description This goal will provide increase self-sufficiency by providing training and employment.
Annual Action Plan
2018
20
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-35 Projects - 91.420, 91.220(d)
Introduction
The projects funded by the City in 2018 address the priority needs of providing assistance to prevent and
respond to homelessness, maintain affordable housing, housing for the homeless, services for
individuals with intellectual disabilities, and increasing economic opportunities. Services include minor
home repair, rent assistance to prevent eviction, case management for youth with intellectual
disabilities and their families, shelter and transitional housing, emergency assistance for refugees, and
an employment and training program for underserved residents.
# Project Name
1 Kent Home Repair Program-Minor Home Repair
2 Planning and Administration
3 Catholic Community Services-Katherine's House
4 Multi-Service Center-Housing Stability
5 YWCA-Anita Vista Transitional Housing
6 Open Doors for Multicultural Families-Youth Case Management
7 St. Stephen Housing Association
8 Puget Sound Opportunities Industrialization Center-PSTC
9 Coalition for Refugees from Burma
10 Kent Home Repair Program-Energy Efficiency
11 Open Doors for Multicultural Families-Emergency Assistance
Table 7 – Project Information
Annual Action Plan
2018
21
OMB Control No: 2506-0117 (exp. 06/30/2018)
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
The City's distribution of funds aligns with the City's objectives of accessibility to decent housing, a
suitable living environment and economic opportunities.
CONTINGENCY PLANS
Public Services
In the event of a funding increase, the amount will be averaged among projects.
In the event of a funding decrease, the amount of the decrease will be averaged among projects as long
as the allocation does not dip below $10,000.
Capital
In the event of a funding increase, funds will be allocated to the City's Home Repair Program (HRP).
In the event of a funding decrease, the HRP will be reduced.
Annual Action Plan
2018
22
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AP-38 Project Summary
Project Summary Information
Annual Action Plan
2018
23
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1 Project Name Kent Home Repair Program-Minor Home Repair
Target Area City of Kent
Goals Supported Affordable Housing to homeless and those at risk
Needs Addressed Basic Needs Services
Funding CDBG: $585,527
Description Capital: Low/moderate-income homeowners in Kent receive
minor home repairs
Target Date 12/31/2018
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 80 households will benefit from this
activity.
Location Description City of Kent
Planned Activities Minor home repairs
2 Project Name Planning and Administration
Target Area City of Kent
Goals Supported N/A
Needs Addressed Planning and Administration
Funding CDBG: $210,931
Description City uses funds to administer the CDBG project carried out by
the City, to monitor sub-recipients, and to deliver strategies
outlined in the 2015-2019 Consolidated Plan.
Target Date 12/31/2018
Estimate the number and type of
families that will benefit from the
proposed activities
N/A
Location Description City of Kent
Planned Activities Planning and administration activities to carry out the CDBG
program.
3 Project Name Catholic Community Services-Katherine's House
Target Area City of Kent
Goals Supported Affordable Housing to homeless and those at risk
Needs Addressed Affordable Housing
Annual Action Plan
2018
24
OMB Control No: 2506-0117 (exp. 06/30/2018)
Funding CDBG: $13,000
Description Public Service: Sub-recipient provides shelter and case
management services to women residing in transitional
shelter
Target Date 12/31/2018
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 1 individual will benefit.
Location Description City of Kent
Planned Activities Shelter & case management
4 Project Name Multi-Service Center-Housing Stability
Target Area 12/31/2018
Goals Supported Basic Needs
Needs Addressed Basic Needs Services
Funding CDBG: $65,000
Description Public Service: Funding used for housing stability grants to
low-income individuals
Target Date 12/31/2018
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 50 individuals will benefit.
Location Description City of Kent
Planned Activities Rental assistance grants provided to third parties on behalf of
Kent residents.
5 Project Name YWCA-Anita Vista Transitional Housing
Target Area City of Kent
Goals Supported Affordable Housing to homeless and those at risk
Needs Addressed Affordable Housing
Funding CDBG: $19,000
Description Public Service: Project provides transitional housing to
domestic violence survivors and their children
Target Date 12/31/2018
Annual Action Plan
2018
25
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 14 individuals will benefit.
Location Description City of Kent
Planned Activities Transitional housing and case management
6 Project Name Open Doors for Multicultural Families-Youth Case
Management
Target Area City of Kent
Goals Supported Basic Needs
Needs Addressed Basic Needs Services
Funding CDBG: $14,000
Description This project provides case management services to youth
with intellectual disabilities and their families.
Target Date 12/31/2018
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 22 individuals will benefit.
Location Description City of Kent
Planned Activities Case management services for special needs youth and their
families
7 Project Name St. Stephen Housing Association
Target Area City of Kent
Goals Supported Affordable Housing to homeless and those at risk
Needs Addressed Affordable Housing
Funding CDBG: $13,000
Description This project provides temporary housing to homeless families.
Target Date 12/31/2018
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 25 individuals will benefit.
Location Description City of Kent
Planned Activities Transitional housing
Annual Action Plan
2018
26
OMB Control No: 2506-0117 (exp. 06/30/2018)
8 Project Name Puget Sound Opportunities Industrialization Center-PSTC
Target Area City of Kent
Goals Supported Increase Self Sufficiency
Needs Addressed Economic Opportunities
Funding CDBG: $5,000
Description This project provides employment and training services to
underserved individuals.
Target Date 12/31/2018
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 40 individuals will benefit.
Location Description City of Renton
Planned Activities Job training and employment
9 Project Name Coalition for Refugees from Burma
Target Area City of Kent
Goals Supported Basic Needs
Needs Addressed Basic Needs Services
Funding CDBG: $10,483
Description Funds used to provide educational support to Kent School
District refugee youth and their parents.
Target Date 12/31/2018
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 42 individuals will benefit.
Location Description City of Kent
Planned Activities Educational support to youth and their families
10 Project Name Kent Home Repair Program-Energy Efficiency
Target Area City of Kent
Goals Supported Affordable Housing to homeless and those at risk
Needs Addressed Affordable Housing
Funding CDBG: $100,000
Annual Action Plan
2018
27
OMB Control No: 2506-0117 (exp. 06/30/2018)
Description Capital: Low/moderate-income homeowners in Kent receive
energy efficient improvements.
Target Date 12/31/2018
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 10 households will benefit.
Location Description City of Kent
Planned Activities Energy efficiency improvements to Kent homes
11 Project Name Open Doors for Multicultural Families-Emergency Assistance
Target Area City of Kent
Goals Supported Basic Needs
Needs Addressed Basic Needs Services
Funding CDBG: $18,716
Description This project provides rent and utility emergency grants for
low/moderate-income individuals in Kent.
Target Date 12/31/2018
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 8 individuals will benefit.
Location Description City of Kent
Planned Activities Rental/utility grants provided
Annual Action Plan
2018
28
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
CDBG funds are distributed throughout the city. Low/moderate-income households exist in all of the
census tracts in the city. The heavier concentrations can be found on both the East and West Hill of
Kent.
Geographic Distribution
Target Area Percentage of Funds
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
The City is allocating investments throughout Kent because poverty is concentrated in multiple areas.
Discussion
Poverty is high in pockets throughout the City (over 20%), and just over half of the students in the Kent
School District qualify for free and reduced lunches. Unemployment and dependence on public
assistance has forced many households to use public services for basic needs; including food, utility
assistance, rental assistance, medical services, etc. Housing costs continue to increase in Kent; e.g.,
Apartment List data indicated that apartment rents increased 6.8 % in 2017. The increased need and
high number of service requests at local nonprofits support the urgency for the City’s investments.
Annual Action Plan
2018
29
OMB Control No: 2506-0117 (exp. 06/30/2018)
Annual Action Plan
2018
30
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-75 Barriers to affordable housing -91.420, 91.220(j)
Introduction
A great deal of staff time is used to educate and familiarize the community and policymakers about the evolving definition of "affordable
housing". Although a large percentage of affordable housing located in the City is well-maintained, some of the stock is deteriorating and
contributes to the perception that affordable housing is an eyesore in the community. This is a barrier to adding additional stock, and a priority
is to upgrade stock when needed and encourage responsible ownership. To increase community awareness about the growing need for
affordable housing, staff will provide housing tours and information to policymakers and residents and about good affordable housing models.
In January 2017, the Kent City Council unanimously passed a Source of Income Discrimination Ordinance. This tenant protection ensures that
people already facing high barriers to housing are not discriminated against solely based on use of a Section 8 voucher or other form of public
assistance.
This can have a significant impact on communities like Kent whose low income residents disproportionately need to rely on housing subsidies to
make ends meet, including households of color, seniors, veterans, people with disabilities, and single parent households with young children.
Annual Action Plan
2018
31
OMB Control No: 2506-0117 (exp. 06/30/2018)
The City Council took great strides in 2016 by including funding in the 2017-2018 budget to enact a Proactive Rental Inspection program in the
City of Kent. This tool will both help protect tenants who fear speaking up about substandard housing conditions, and ensure that rental
properties are adequately maintained.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such
as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and
policies affecting the return on residential investment
The City works with the community and the Economic and Community Development Department on these issues as they arise and/or are
identified; however, no specific actions are planned for 2018.
Discussion
No additional discussion.
Annual Action Plan
2018
32
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-85 Other Actions - 91.420, 91.220(k)
Introduction
The City of Kent will enhance coordination by continuing to work with racial and ethnic minority
providers to develop strategies that increase collaboration and leveraging of resources.
The City of Kent will continue work to reduce the number of families in poverty by maintaining
relationships with local training schools, encouraging business to hire low-income residents,
encouraging and supporting collaboration between employment specialists, and outreach to increase
opportunities for low-income residents to obtain livable wage jobs.
In 2015, the City formed the Good Jobs Collaborative to create a culturally responsive workforce
development strategy to employ immigrants and refugees in manufacturing jobs. Good Jobs is led by
Coalition for Refugees from Burma and received Boeing grant. Other partners include Mother Africa,
Jewish Family Service, and Partner in Employment. Collaborators include World Relief, Centro Rendu,
and several manufacturing employers. Good Jobs received a $50,000 Boeing grant to launch and design
the project and is seeking additional funding to continue its work.
The City will continue to help build alliances among stakeholders, nonprofits, Ethnic Community-Based
Organizations (ECBOs), businesses, and community residents to advance common interests.
Actions planned to address obstacles to meeting underserved needs
The City is actively engaged with refugee and immigrant communities through Kent Cultural Diversity
Initiative Group (KC-DIG). The City will continue to partner with regional funders like The Seattle
Foundation, King County, and United Way of King County to increase resources and funding to meet the
needs of under-served populations. The City will work with these funders to implement the
recommendations/strategies outlined in Tuvute Pamoja: Capacity Assessment Interviews of Ethnic
Community Based Organizations. City staff will continue to work with The Seattle Foundation and King
County on the Communities of Opportunity Grant which provides funds to organizations whose
activities reduce inequities in the areas of health, housing and economic opportunities.
In 2016, the City appointed a Cultural Communities Advisory Board to the Mayor and City Counsel. The
CDBG Program will collaborate with the CCB to identify strategies to decrease homelessness in our
immigrant/refugee populations, increase accessibility and civic engagement, and to increase
culturally/linguistically-responsive services.
Actions planned to foster and maintain affordable housing
Annual Action Plan
2018
33
OMB Control No: 2506-0117 (exp. 06/30/2018)
The City will continue its long-term collaboration and participation on Boards, committees, funding
review teams; etc., to foster and maintain affordable housing for the South County Region. Through sub-
regional efforts, City staff and stakeholders will engage in discussions with elected officials and Land Use
and Planning Board members about the impact that affordable housing has on the long term viability of
the community.
Actions planned to reduce lead-based paint hazards
No actions are planned.
Actions planned to reduce the number of poverty-level families
Actions to reduce the number of poverty level families includes working with regional and local partners
to identify a culturally responsive strategy to increase employment opportunities for refugees and
immigrants in manufacturing businesses, maintaining relationships with local training schools,
encouraging business to hire low-income residents and outreach to increase opportunities for low-
income residents to obtain livable wage jobs. The City also collaborates with the Financial
Empowerment Network.
Actions planned to develop institutional structure
The City’s will use lessons learned from the Parallel Application pilot to streamline its human services
application process. In addition, the City will determine how it can use comments provided by residents
and nonprofit organization representatives to increase resident engagement in its CDBG program.
Actions planned to enhance coordination between public and private housing and social
service agencies
The City has been instrumental in developing relationships between these entities and will continue to
foster and participate in these collaborations, including the Homeless Forum (a monthly meeting of
housing and support service providers), South King Council of Human Services, South King County
Housing Development Group, and the King County Housing Development Consortium.
Discussion
No additional discussion.
Annual Action Plan
2018
34
OMB Control No: 2506-0117 (exp. 06/30/2018)
Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4)
Introduction
The City of Kent will use CDBG funds to benefit low/moderate-income residents. The full amount
allowable by regulation will be used for Public Services and Planning and Administration. The balance of
funds will be used for housing rehabilitation services and economic development. The City will not
receive program income from prior years.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before the start of the next
program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to
address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not
been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit
persons of low and moderate income. Overall Benefit - A consecutive period of one,
two or three years may be used to determine that a minimum overall benefit of 70%
of CDBG funds is used to benefit persons of low and moderate income. Specify the
years covered that include this Annual Action Plan. 100.00%
Annual Action Plan
2018
35
OMB Control No: 2506-0117 (exp. 06/30/2018)
Discussion
The City will use all of its funds to benefit low/moderate-income individuals and households.
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APPLICATION FOR OMB Approval No. 0348-0043
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NOTES
1st Public Hearing Regarding the Development of 2018 Annual Action Plan
Kent Senior Activity Center, January 10, 2018, 6-7:30 pm
Attendees
1. Charles Allen Being Empowered thru Supported Transition (BEST)
2. Asad Hassah Somali Family Services & Kent Resident
3. Andrew Kritovich Ukrainian Community Center
4. Tahmina Martelly World Relief-Seattle & Kent Resident
PUBLIC COMMENTS
General Comments
• Individuals at the meeting noted that the City has been investing 65%1 of its CDBG funds into
the Home Repair and Energy Efficiency Programs (both programs are delivered by City staff and
private contractors), and eligible clients must own their homes. Stakeholders at the meeting
asked the City to consider diversifying the use of these funds so that they reach residents who
cannot afford to purchase houses. It was noted that some residents will never be able to afford
to buy homes, especially with the astronomical rise in housing costs. Attendees asked the City to
consider the option of investing in infrastructure or public spaces that would benefit
low/moderate-income residents. This would allow low/moderate-income non-homeowners to
benefit from the funds.
• All of the attendees asked the City to increase pathways for the community to influence the
development of projects that receive funding; e.g., creating a way for residents to submit
funding ideas and setting aside funds for a nonprofit to apply for the funds to invest in such a
project(s), convening a resident project review panel to recommend how set aside funds are
spent, etc.
• The city should increase its investment in the Parallel Application pilot projects (written
comment).
1 By law, the City can invest up to 20% of its total CDBG allocation into planning and administration (most of this is
used for personnel costs to administer and deliver the program), 15% into public service activities (services
provided by nonprofits), and the balance to capital projects. The City uses the full amount allowed by law for
planning and administration and public service activities.
Recommendations on How to Invest CDBG Funds
• Invest in a homeless prevention program to benefit residents who need assistance navigating
services.
• Invest in a program to help increase civic engagement and connection to the City and amongst
residents.
• Provide capacity building assistance to small non-profits working with low/moderate-income
persons (this request was also made in 2017).
• Invest in after- school programs (especially for elementary school students) and charge a sliding
scale fee, with the lowest fee at $10.00 per month (written comment).
Closing Remarks
Attendees thanked the City for hosting the meeting and providing ample time for them to comment on
the CDBG program. Attendees also appreciated that the City held the meeting during the evening.
Post Public Hearing Comments
• During the public hearing, City staff informed attendees that a second public hearing would be
hosted by the Human Service Commission after the Action Plan draft is released. After the
hearing on 1/10/18, the City was asked to convene the hearing during evening hours. The
hearing will be on 2/12 at 6:00 pm.
Page 1 of 3 - Cerfifications
CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,
the jurisdiction certifies that:
Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing.
Uniform Relocation Act and Anti-displacement and Relocation Plan -- It will comply with the
acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49
CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance
plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the
Community Development Block Grant or HOME programs.
Anti-Lobbying --To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding,
in accordance with applicable HUD regulations.
Consistency with plan --The housing activities to be undertaken with Community Development Block
Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are
consistent with the strategic plan in the jurisdiction’s consolidated plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u) and implementing regulations at 24 CFR Part 135.
____________________________
Signature of Authorized Official
_________
Date
____________________________
Title
Page 2 of 3 - Cerfifications
Specific Community Development Block Grant Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated plan identifies community development and housing
needs and specifies both short-term and long-term community development objectives that that have been
developed in accordance with the primary objective of the CDBG program (i.e., the development of
viable urban communities, by providing decent housing and expanding economic opportunities, primarily
for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570.
Following a Plan -- It is following a current consolidated plan that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG
funds, it has developed its Action Plan so as to give maximum feasible priority to activities which
benefit low- and moderate-income families or aid in the prevention or elimination of slums or
blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies
are designed to meet other community development needs having particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of the community,
and other financial resources are not available (see Optional CDBG Certification).
2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans,
during program year(s) 2018 [a period specified by the grantee of one, two, or three specific
consecutive program years], shall principally benefit persons of low and moderate income in a
manner that ensures that at least 70 percent of the amount is expended for activities that benefit
such persons during the designated period.
3. Special Assessments. It will not attempt to recover any capital costs of public improvements
assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any
amount against properties owned and occupied by persons of low and moderate income,
including any fee charged or assessment made as a condition of obtaining access to such public
improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
In addition, in the case of properties owned and occupied by moderate-income (not low-income)
families, an assessment or charge may be made against the property for public improvements
financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds
to cover the assessment.
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
Page 3 of 3 - Cerfifications
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
Compliance with Anti-discrimination laws -- The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42
U.S.C. 3601-3619) and implementing regulations.
Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24
CFR Part 35, Subparts A, B, J, K and R.
Compliance with Laws -- It will comply with applicable laws.
_____________________________
Signature of Authorized Official
_____________
Date
____________________________
Title
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Agenda Item: Consent Calendar – 8O_
TO: City Council
DATE: March 6, 2018
SUBJECT: 2017 Consolidated Annual Performance and Evaluation Report -
Approve
SUMMARY: The 2017 Consolidated Annual Performance and Evaluation Report
(CAPER) for the City of Kent is a report to the U.S. Department of Housing and Urban
Development (HUD) on the City’s activities and accomplishments using Community
Development Block Grant (CDBG) and other funds. The report is required by HUD
annually and must be submitted by March 31st. The report includes information on how
CDBG funds were used to further the goals and strategies of the Consolidated Plan, as
well as other activities executed by the City.
EXHIBITS: 2017 CAPER Draft
RECOMMENDED BY: Parks and Human Services Committee
YEA: Brenda Fincher, Satwinder Kaur NAY:
BUDGET IMPACTS: N/A
STRATEGIC PLAN GOAL(S):
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
MOTION: Approve the 2017 Consolidated Annual Performance and
Evaluation Report and authorize the Mayor to submit the report to HUD.
This page intentionally left blank.
CAPER 1
OMB Control No: 2506-0117 (exp. 07/31/2015)
CITY OF KENT
CDBG
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
2017
Third Year CAPER
ASSOCIATED WITH THE
2015 – 2019
Consolidated Plan for Housing and Community Development
CAPER 2
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
The purpose of this report, which is called the Consolidated Annual Performance and Evaluation Report (CAPER), is to inform the U.S.
Department of Housing and Urban Development (HUD) and the community of the activities and accomplishments derived from the investment
of CDBG and other resources for the 2017 program year, which covers the period January 1, 2017 to December 31, 2017. In 2017, HUD allocated
$1,054,657 in CDBG funds to the City. (An additional $954,920 in funds allocated from the City's General Fund budget were used in conjunction
with CDBG funds to provide for a wide range of human services and affordable housing needs.) The City successfully executed the activities
outlined in this report.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source
/
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Affordable
Housing to
homeless and
those at risk
Affordable
Housing
Homeless
CDBG:
$
Public service
activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted 40 167
417.50%
Affordable
Housing to
homeless and
those at risk
Affordable
Housing
Homeless
CDBG:
$
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
450 338
48.44% 90 120
133.33%
CAPER 3
OMB Control No: 2506-0117 (exp. 07/31/2015)
Affordable
Housing to
homeless and
those at risk
Affordable
Housing
Homeless
CDBG:
$
Homeless Person
Overnight Shelter
Persons
Assisted 200 132
66.00%
Basic Needs
Homeless
Non-Housing
Community
Development
CDBG:
$
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 110 112
101.81% 72 177
245.83%
Basic Needs
Homeless
Non-Housing
Community
Development
CDBG:
$
Tenant-based
rental assistance /
Rapid Rehousing
Households
Assisted 260 379
145.76% 50 189 378.0%
Increase Self
Sufficiency
Non-Housing
Community
Development
CDBG:
$ Other Other 280 40 14.29% 120 48
40.0%
Planning and
Administration
Planning and
Administration
CDBG:
$ Other Other 0 0
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
CAPER 4
OMB Control No: 2506-0117 (exp. 07/31/2015)
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
giving special attention to the highest priority activities identified.
As explained in the preceding tables, the City successfully addressed the goals and objectives of meeting basic needs, affordable housing to
homeless and at-risk persons, increasing self-sufficiency, and planning and administration by providing the following services:
• Case management services to youth with intellectual disabilities and their families
• Rent and utility assistance
• Home repair assistance
• Shelter
• Transitional housing
• Employment and training
• Planning and administration activities
CAPER 5
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 249
Black or African American 291
Asian 62
American Indian or American Native 1
Native Hawaiian or Other Pacific Islander 26
Total 629
Hispanic 70
Not Hispanic 559
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
Demographic breakdown is listed below:
• 40% of the population served was White
• 46% of the population served was Black or African American
• 10% of the population served was Asian
• 0.15% of the population served was American Indian or American Native
• 4% of the population served was Native Hawaiian or Other Pacific Islander
• 13% of the population served was ethnic Hispanic
The racial categories listed above do not include all of the racial categories that are tracked by sub-
recipients in compliance with the racial categories that HUD requires programs to track. For example,
programs track Other/Multi-racial, Black/African American AND White, etc.
CAPER 6
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG 3,879,5441 $896,951.38 2
Table 3 – Resources Made Available
Narrative
The City invested the full allotment of its CDBG budget into public services, capital projects, and
planning and administration in accordance with the strategies outlined in the Consolidated Plan for
Housing and Community Development.
Identify the geographic distribution and location of investments
Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Table 4 – Identify the geographic distribution and location of investments
Narrative
The city distributed 100% CDBG funds to programs serving Kent residents throughout all geographic
regions of the city. The majority of funds were invested in programs serving low/moderate-income
individuals and families.
1 This amount will be re-populated by the HUD Integrated Disbursement & Information System based on existing
data already in the system.
2 $299,217.17 of this amount is 2016 CDBG funds that were spent by the Home Repair Program in PY 2017.
CAPER 7
OMB Control No: 2506-0117 (exp. 07/31/2015)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
In addition to allocating $1,054,657 in CDBG funds, the City leveraged $954,920 in resources from
General Funds to fund additional human services programs.
Under the leadership of Coalition for Refugees from Burma, the Kent Cultural Diversity Initiative Group
(KC-DIG) and the City partnered with several nonprofits and received a $50,000 Boeing Grant in 2015 to
create a culturally responsive workforce development strategy for refugees and immigrants to secure
entry level employment and careers within the manufacturing sector. The Good Jobs Equal Economic
Opportunities (GJEEO) executed several deliverables for this project; i.e., manufacturing employers hired
some of the clients referred by GJEEO, GJEEO toured several business facilities and established
relationships with hiring managers, and clients were offered manufacturing business facility tours.
GJEEO also engaged in discussions with employers about creating a workplace culture that is increases
the pool of multicultural employees. Good Jobs is seeking additional funding to continue its work.
Under the leadership of Centro Rendu (a program of St. Vincent de Paul), the Kent School District and
the City partnered with a network of community-based organizations and received a $250,000 Puget
Sound Educational Service District-Deep Drive Grant to improve a set of established goals; thereby,
increasing opportunities for students of racially and ethnically diverse backgrounds in targeted
elementary schools. Kent Education and Equity Partnership (KEEP) was subsequently awarded a Gates
foundation grant. The City initially served as a convener and has now transitioned into a supportive role-
offering meeting space, technical assistance, and connections to additional resources.
The City does not allocate HOME funds.
CAPER 8
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of homeless households to be
provided affordable housing units
40 167
Number of non-homeless households to
be provided affordable housing units
90 120
Number of special-needs households to
be provided affordable housing units
0 0
Total 130 287
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported
through rental assistance
50 63
Number of households supported
through the production of new units
0 0
Number of households supported
through the rehab of existing units
90 120
Number of households supported
through the acquisition of existing units
0 0
Total 140 183
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
Outcomes exceeded goals; and overall, the City was pleased with the performance of its sub-recipients
(organizations that the City contracted with to provide services), as funding was stretched to prevent
eviction and keep families in their homes. One organization decided to adjust its budget and transferred
money from personnel to rental assistance; therefore, the actual served was much higher than the one-
year goal.
Discuss how these outcomes will impact future annual action plans.
Although the City based its 2018 CDBG Annual Action Plan on the assumption that it will receive level
funding in 2018; this is extremely speculative with a new administration and an approaching mid-term
election cycle. Rental and utility assistance are in high demand due to the increase in the cost of rent;
therefore, funding to support this outcome will continue to be a high priority.
CAPER 9
OMB Control No: 2506-0117 (exp. 07/31/2015)
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 306 0
Low-income 129 0
Moderate-income 0 0
Total 435 0
Table 7 – Number of Persons Served
Narrative Information
The City met the national objective of activities benefitting low/moderate-income persons; these totals
are only for projects counted in the preceding categories. The projects are: Home Repair Program,
Energy Efficiency 3, Catholic Community Services-Katherin's House, Open Doors for Multicultural
Families- Emergency Assistance, Multi-service Center-Housing Stability Program, St. Stephen Housing
Association, and the YWCA-Anita Vista Transitional Housing.
3 Energy Efficiency did not report data for 2017.
CAPER 10
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City invested in outreach to the homeless through General Fund-supported projects, including
street outreach by mental health professionals and a community engagement day center. In addition,
the City's police officer's bike unit outreaches to unsheltered persons they interact with on the streets
by connecting them to Housing and Human Services staff and providing information on organizations
that provide assistance to homeless individuals. The City provides information on its cold weather
shelter through organizations that work with the homeless and in locations where homeless individuals
assemble; e.g, the library, hot meal programs, etc.
In addition, a number of homeless individuals received telephone assistance and visited the City’s
Housing and Human Services Office to request food, housing and other services. City staff assessed their
needs and provided referrals to nonprofits in the area.
Addressing the emergency shelter and transitional housing needs of homeless persons
Three programs funded by the City addressed emergency shelter and transitional housing needs of
homeless persons: YWCA: Anita Vista Transitional Housing Program (housing for domestic violence
survivors and their families); St. Stephen Housing Association Transitional Housing Program (housing for
families); and Catholic Community Services-Katherine's House (shelter and case management services to
single women in recovery).
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Through its homeless continuum; which was funded by General Funds and CDBG, MSC provided
responsive services to target the needs of homeless individuals. Services provided along the continuum
consisted of shelter with supportive services, hotel vouchers, referrals to permanent housing, etc.
The YWCA provided case management services and helped homeless individuals find permanent
housing.
CAPER 11
OMB Control No: 2506-0117 (exp. 07/31/2015)
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
Rental assistance to prevent homelessness was provided by Multi-service Center (MSC). Open Doors for
Multicultural Families also contracted with the City to provide rental and utility assistance, but were not
able to provide services due to the delay in the City receiving its CDBG allocation. Smaller agencies are at
a fiscal disadvantage because their budgets often do not allow them to pay up front before they are
reimbursed by the City.
Most of the women that received shelter through CCS were women who were released from the King
County Regional Justice Center.
General Fund dollars support The Watson Manor Transitional Living Program, which provides up to 18
months of transitional housing and support services to single, homeless, and extremely low-income
teenage and young adult mothers and their children. Each young mother is parenting one to two
children or at least six months pregnant. Program participants receive a furnished apartment in Watson
Manor, a small apartment complex. Services include case management, parent education, life skills
training, counseling, substance abuse services, and referral to childcare and educational/vocational
programs. The overall program goal is to increase self-sufficiency among homeless young mothers and
equip them with the skills necessary to obtain and retain permanent housing.
CAPER 12
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City worked collaboratively to address the needs of public housing by advocating for and investing
in affordable housing stock, providing supportive services to prevent homelessness (keeping additional
people off the King County Housing Authority waitlist), and staffing a number of committees and
application review teams that directed funds to organizations managing affordable housing stock.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The King County Housing Authority (KCHA) increased resident involvement through a number of
mechanisms; e.g., the Resident Advisory Council was created as a forum for residents to provide
feedback to assist KCHA with the development of policies and procedures that impact Housing Authority
residents, etc. The City was rarely in a position to have direct impact on resident involvement.
Actions taken to provide assistance to troubled PHAs
The KCHA is not considered a troubled PHA.
CAPER 13
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
The City is researching and analyzing several potential changes, however no action was taken in 2017.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
The City staffs the Kent Cultural Diversity Initiative Group (KC-DIG). KC-DIG consists of provider
agencies, public sector organizations, businesses, and community members that specialize in providing
services and resources to refugee communities residing in Kent. It is an opportunity for continuing
education, networking, collaboration, and understanding and sharing across cultures.
The following are highlights of the work and continuing education provided through KC-DIG:
• In February 2017, KC-DIG was introduced to a new series on race; the first Workshop was
entitled How to Get Along in a Multicultural World; the second workshop held in July was a
panel discussion on race from the perspective of people born outside of the USA-the refugee
experience (Zam Khan Cingh, Burma; Nadia Mahmood, Iraq; and John Deng Duot, Sudan)
• KC-DIG ‘s Putting the “C” in Culture Series spotlighted Liberian and Polish culture; there was also
a presentation entitled The Power of Food across Borders, Languages, and Politics (Tahmina
Martelly, World Relief)
• Global Education
• In May 2017, KC-DIG facilitator, Dinah Wilson, interviewed Mayor Suzette Cooke and then the
mayor took questions from the audience
• In June 2017, KCDIG partnered with the Financial Education Network of Seattle/King County to
present Immigrant Undocumented Storytelling; three panelists were interviewed by Sameth
Mell, Coalition of Immigrants, Refugees and Communities of Color (CIRCC)
• In July 2017, the agenda included a program spotlight of the King County Department of Natural
Resources with speakers Jamie Stroble, Deborah Bitanga, and Gabe Leon
• In November 2017, the topic was Preventing Hepatitis B (Arman Altug, Hepatitis Education
Project)
• In December 2017, Carlin Yoophum and Zam Khan Cingh (REWA) did a presentation on domestic
violence and sexual assault
Other Initiatives
• CDBG Coordinator/KC-DIG facilitator was appointed by the King County Executive to serve on
the Immigrant and Refugee Task Force; a report was released in July 2016, and Dinah Wilson
testified before the King County Council, advocating that the Council provide funding for a staff
CAPER 14
OMB Control No: 2506-0117 (exp. 07/31/2015)
position and authorize an Immigrant and Refugee Commission; the Council Committee of the
Whole unanimously approved an ordinance to appoint an Immigrant and Refugee Commission
which will be voted on by the King County Council in January 2018
• The CDBG Coordinator continued to serve as an advisor to the King County Office of Equity and
Social Justice on issues impacting immigrants and refugees pending the appointment of
members to the King County Immigrant and Refugee Commission
• The CDBG Coordinator attended several Racial Equity in Education gatherings in 2017 and is
working with the Kent School District to improve education opportunities and academic
performance for immigrant and refugee students and students of color
• Staff worked with the King County Department of Natural Resources to provide free training
opportunities to Kent residents, KC-DIG participants, and Kent Cultural Communities Board
members on climate change and how it impacts the community
• Staff participated on the Wisdom Council, a group of thought-leaders that advises Kent School
District (KSD) on how to improve the academic outcomes for young men of color
• Staff participated on the planning committee to provide a training on refugee housing and is a
member of the King County Refugee Housing Task Force
http://www.kingcounty.gov/council/issues/archive/immigrantrefugee.aspx
• Staff served as the South King County representative on the King County Mobility Coalition
http://metro.kingcounty.gov/advisory-groups/mobility-coalition/index.html
• Staff participated on the Black Education Strategy Roundtable; this group works to improve
education outcomes for African American students in WA State
• Staff participated on a regional equity and inclusion coalition; this group is planning a
conference on race and equity which will be provided to regional government policymakers,
directors, and employees in the fall
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
None
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
Building upon its previous employment work and partnerships, under the leadership of Coalition for
Refugees from Burma, the City partnered with non-profits and business and received a $50,000 Boeing
grant for the Good Jobs Equal Economic Opportunities (GJEEO). GJEEO accomplished the following:
• Designed of a culturally responsive assessment tool for manufacturing employers
• Collaborated with CAMPS and ECBOs to create a streamlined intake process for immigrant and
refugee job seekers
• Met with manufacturing employers to develop a plan for improving the manufacturing
employment pipeline for multicultural workers
• Toured manufacturing business facilities
In addition, the City of Kent is committed to maintaining the affordable housing stock in our community.
CAPER 15
OMB Control No: 2506-0117 (exp. 07/31/2015)
Using CDBG funds for the Home Repair Program enabled home owners to maintain their homes and
preserve housing stock by assisting with critical repairs that they otherwise could not afford.
The City continues to look for opportunities to partner with nonprofits and other community
organizations to apply for planning and implementation grants to increase economic opportunity for its
residents.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
• City staff chaired a regional committee (includes cities of Tukwila and Federal Way, and Seattle
Foundation Neighbor to Neighbor Small Grants Fund) that is designed a parallel human services
application process for the 2017-2018 funding cycle process; the City awarded grants to six
ECBOs totaling $25,000 (grants were between $3,000 to $5,000), which were matched by the
Seattle Foundation
• City staff is on a county planning committee to develop a rapid respond strategy to the
challenges that immigrants and refugees are facing as a result of the Trump administration
immigration policies
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City funds several organizations providing housing and rental assistance: Multi-Service Center,
Catholic Community Services, DAWN, Refugee Women's Alliance, and St. Stephen Housing Association.
The City coordinates housing services through its investment, communication, and networking with
these organizations. Additionally, the City sits on a number of committees that coordinate services to
homeless individuals. Homeless coordination is led by All Home, formerly known as the King County
Committee to End Homelessness.
Kent staff and other South King County stakeholders continue to meet to deepen cross-jurisdictional
coordination, create a common understanding for housing and homelessness needs and strategies for
South King County, and move forward strategies in the South King County Response to Homelessness.
Two separate groups currently meet – the South King County Homeless Action Committee and the South
King County Joint Planners.
South King County Joint Planners Convening
Human services, land use, and other staff members met every other month with Housing Development
Consortium staff to promote regional dialogue and collaboration and provide support and technical
assistance on comprehensive plan policies and assessments. This group, the SKC Joint Planners,
continued to meet bimonthly to address regional needs related to housing and the suburbanization of
poverty in general.
CAPER 16
OMB Control No: 2506-0117 (exp. 07/31/2015)
South King County Homeless Action Committee
The Homeless Action Committee met monthly and its focus was to keep stakeholders up to speed on
regional work, such as the All Home Strategic Plan update and One Night Count facilitation. In 2016, the
City of Kent joined with other cities, agencies, and funders in South King County to work with Housing
Development Consortium to hire a South King County Housing Planner to help manage the coordination
of a network of South King County stakeholders on issues related to affordable housing and
homelessness. This partnership is now known as the South King Housing & Homelessness Partnership
(SKHHP). The planner disseminated information about regional funding and comment opportunities and
catalyzed progress on the implementation of local comprehensive plans and the South King County
Response to Homelessness. Support for this work aligned South King County interests with needed
homeless and affordable housing interventions, resources, and promising practices. As a result, South
King County communities speak with a united voice to attract resources for locally supported housing
solutions.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
Recommendations from the City's Analysis of Impediments to Fair Housing Choice included:
Recommendation I: Expand current education and outreach efforts
The City continued to work on this recommendation by: (1) Posting fair housing materials on its website;
(2) Providing fair housing articles/information/notices in electronic communications to the Kent Cultural
Diversity Initiative Group; and (3) Providing fair housing materials to apartment complexes through its
police department.
Recommendation II: Continue ongoing enforcement activities
In January 2017, the Kent City Council unanimously passed a Source of Income Discrimination
Ordinance. This tenant protection ensures that people already facing high barriers to housing are not
discriminated against solely based on use of a Section 8 voucher or other form of public assistance.
This can have a significant impact on communities like Kent whose low income residents
disproportionately need to rely on housing subsidies to make ends meet, including households of color,
seniors, veterans, people with disabilities, and single parent households with young children.
The City Council took great strides in 2016 by including funding in the 2017-2018 budget to enact a
Proactive Rental Inspection program in the City of Kent. This tool will both help protect tenants who fear
speaking up about substandard housing conditions, and ensure that rental properties are adequately
maintained.
CAPER 17
OMB Control No: 2506-0117 (exp. 07/31/2015)
The City does not have enforcement authority; the Washington State Human Rights Commission and the
King County Office of Civil Rights investigates complaints.
Recommendation III: Target home ownership and lending marketing to African Americans and Hispanics
households
When the City received stimulus funds through the Neighborhood Stabilization Program (NSP), the funds
were used to purchase and rehabilitate three foreclosed homes, which were then sold to income-
eligible homebuyers. The homebuyers were families of African descent that had been on the Habitat for
Humanity waitlist for an extended period of time; the families received zero-interest loans. A fifteen-
year covenant of affordability was signed by each homebuyer. Mortgage payments received from the
homebuyers were entered into a fund that will allow Habitat for Humanity to purchase, rehabilitate, and
sell additional houses. (Habitat for Humanity provides an annual accounting to the City on the amount
of these funds.) The mortgage payments will allow the City and Habitat for Humanity to target
additional home ownership to African American and Hispanic households that are on the waitlist. The
City provides an annual report to the State on its NSP project.
CAPER 18
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
The City monitored its CDBG projects throughout the year, met with a number of project managers, and
will schedule on-site visit at two projects in 2018. The following standards and procedures were used to
monitor CDBG-funded agencies:
• Programs funded by the City must maintain high standards. Organizations are informed via the
CDBG Agreement that the failure to comply with contractual requirements and regulations
could result in remedial actions and/or the termination of funding
• Backup reports to support costs are required; and if adequate documentation is not submitted,
payment is reduced or denied
• Projects received quarterly monitoring. Programs that needed guidance in achieving
performance measures or adhering to contractual requirements received technical assistance,
were required to attend a meeting with City staff, and/or received an on-site monitoring visit;
Quarterly performance reports were reviewed by the Human Services Commission
• Monitoring concerns/finding were reviewed with agency staff and documented in writing. When
applicable, timely corrective action was required
Agencies were required to provide supporting documentation or written communication verifying that
deficiencies were corrected.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
• A Public Notice was posted on the City of Kent website on Monday, January 22, 2018. A link to
the website was provided to non-profits, South King County Planners, and stakeholders in the
Kent area. In addition, a link to the electronic notice was provided to participants of the Kent
Cultural Diversity Initiative Group and other organizations that have contacts with ethnic/racial
minorities, non-English speaking persons, and people with disabilities.
• A copy of the Public Notice and the CAPER were posted in the Housing and Human Services
Office and at City Hall.
• The Kent community and stakeholders were also invited to provide comments at a public
hearing before the Kent Human Services Commission on February 12, 2018.
CR-45 - CDBG 91.520(c)
CAPER 19
OMB Control No: 2506-0117 (exp. 07/31/2015)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
There were no changes in the City's program objectives. The City does not anticipate major changes in
programs.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
N/A
CAPER 20
OMB Control No: 2506-0117 (exp. 07/31/2015)
Submitted to:
US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
Office of Community Planning and Development
Seattle Federal Office Building
909 First Avenue, Suite 300
Seattle, WA 98104-1000
Prepared by:
CITY OF KENT
Parks, Recreation & Community Services Department
Housing and Human Services Division
220 Fourth Avenue South
Kent, WA 98032
Staff:
Housing & Human Services Manager, Merina Hanson
Lead CDBG Staff: Dinah R. Wilson
Report Due: March 2018
Agenda Item: Consent Calendar – 8P_
TO: City Council
DATE: March 6, 2018
SUBJECT: Indigent Conflict Counsel Contracts– Authorize
SUMMARY: The city of Kent is required by statute to provide indigent defense
services for individuals unable to afford legal representation when charged with a
crime in the Kent Municipal Court. The law firm of Stewart, MacNichols and Harmell
(“SMH”), is currently under contract to provide this service. If there is a conflict of
interest between the defendant and SMH, the case must be assigned to an attorney
outside of SMH. The city of Kent contracts with multiple attorneys for conflict counsel
services. The contracts were written for case-by-case duration without end dates but
include termination options, if needed. Some conflict attorneys have represented a
large number of defendants, and thus have exceeded the $65,000 threshold for
Council approval. Parks recommends Council authorize the Parks Director enter into
contracts necessary to retain conflict counsel as long as the cost can be paid via the
department’s budget, and to ratify all previous contract amounts.
EXHIBITS: Contract
RECOMMENDED BY: Parks and Human Services Committee
YEA: Brenda Fincher, Satwinder Kaur NAY:
BUDGET IMPACTS: Costs associated with the contracts are included in the budget.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
MOTION: Authorize the Parks Director to enter into all contracts necessary
to retain conflict counsel for indigent criminal defense in the Kent
Municipal Court, so long as costs associated with the contracts can be paid
from the Parks Department budget and ratify all prior acts and contracts
consistent with this grant of authority, subject to the final contract terms
and conditions acceptable to the Human Services Manager and Parks
Director.
This page intentionally left blank.
AGREEMENT FOR CONFLICT INDIGENT DEFENSE SERVICES
This Agreement is entered into between the city of Kent, a Washington municipal
Corporation (“City”) and ______________________ (“Contractor”).
I. DEFINITIONS
A. Contractor. Contractor shall mean the law firm of _____________________,
and shall mean each attorney and Rule 9 Intern working for the Contractor.
B. Defendant. Defendant shall mean a person charged with a misdemeanor or
gross misdemeanor offense that is filed into the Kent Municipal Court for whom the
Contractor must provide services pursuant to Section II of this Agreement.
II.SCOPE OF WORK AND DUTIES OF CONTRACTOR
A. Criminal Defense Representation – To Whom Provided. Except in cases in
which a conflict of interest exists, Contractor shall provide criminal defense
representation to all defendants who are charged with a criminal offense which falls
within the jurisdiction of the Kent Municipal Court, and for which the Contractor has
been appointed by the Kent Municipal Court as attorney of record pursuant to the
Court’s determination of indigence of the defendant and a determination that a
conflict of interest exists with the law firm of Stewart MacNichols Harmell, Inc. P.S.
B. Duration of Representation of Defendant. In cases in which the Contractor is
appointed as attorney of record, Contractor shall represent the defendant at all
stages of the criminal process, from the time of appointment by the court as
attorney of record through the appeals process, as well as during any period in
which the court retains jurisdiction over the terms and conditions of any sentence
or deferral.
III.ATTORNEY DEFENDANT INTERACTIONS
A. Contact Prior to Court Hearings. Contractor shall be available to defendants
to ensure that defendants are provided with effective assistance of counsel.
Defendant access to the Contractor prior to court hearings is paramount. Contractor
will seek timely and confidential information from each defendant regarding
possible defenses, the need for investigation, mental and physical health issues,
immigration status, client goals, and the advisability of additional discovery.
Defendants shall be provided access to the Contractor by means of a toll-free call.
B. Interactions on the Record. Contractor shall appear at all hearings, shall
actively represent each defendant while the defendant’s case is considered on the
court record, and shall keep the defendant adequately informed such that the
defendant proceeds in a knowing, intelligent, and voluntary manner.
Agreement for Indigent Defense Services Page | 1
C. Office or Meeting Space and Equipment Required. At all times during the
term of this Agreement, Contractor shall maintain an office or meeting space to
accommodate confidential meetings. Contractor shall also maintain telephone,
facsimile, and internet services, cellular telephone service, and a location at which
mail and service of process is received.
D. Case Management System. The Contractor shall maintain a process for
recording defendant interactions and work performed on behalf of defendants.
IV. QUALITY OF REPRESENTATION – QUALIFICATIONS - TRAINING
A. Qualifications: Contractor shall, at a minimum, satisfy the minimum
qualifications to practice law as established by the Washington Supreme Court, and
shall provide services in a professional and skilled manner consistent with
Washington’s Rules of Professional Conduct, applicable case law, including but not
limited to Wilbur v. Mt. Vernon 989 F.Supp. 2d 1122 (2013) (hereinafter the
“Decision”), Washington State Supreme Court Standards for Indigent Defense, the
Constitutions of the United States and Washington, the court rules that define the
duties of counsel and the rights of defendants, and the City Resolution regarding
indigent defense services. (Exhibit B). The Contractor’s primary and fundamental
responsibility shall be to promote and protect the interests of the defendant.
B. Training. Each attorney of the Contractor shall complete a minimum of 21 of
the reportable continuing legal education credits per reporting period in the areas of
criminal defense law or any other subject that, in the opinion of the Contractor, is
applicable to providing criminal defense services.
V. CASELOAD LIMITS
A. Caseload Limits in General. Contractor shall maintain a caseload of no more
than 400 cases per year as provided in Standard 3 of the Standards for Indigent
Defense established by the Washington Supreme Court. In the event Contractor is
handling an excessive number of cases, Contractor shall refuse further appointment
of cases until such time as Contractor’s caseload is appropriately reduced.
B. Court Certification. The Contractor shall certify compliance with the caseload
limits with the Kent Municipal Court as required by court rule and shall provide a
copy of the certification to the Human Services Department.
VI. CONFLICTS OF INTEREST
In the event the Contractor is disqualified or excused as counsel of record due to a
conflict of interest, Contractor shall not be required to pay any compensation to
another attorney assigned to represent the defendant.
Agreement for Indigent Defense Services Page | 2
VII. INTERNAL PERFORMANCE MONITORING AND ATTORNEY
SUPERVISION
Performance Monitoring. Contractor shall establish a program for managing and
monitoring the performance of attorneys who provide services called for in this
Agreement. The performance monitoring program shall have the purpose of
ensuring that each defendant receives effective assistance of counsel, and the
terms and conditions of this Agreement are met.
VIII. CITY CONTRACT ADMINISTRATOR – CONTRACT OVERSIGHT
A. Housing and Human Services. This Agreement shall be managed and
monitored by the Housing and Human Services Division of the City’s Parks
Department or by such other division of the City as determined by the City’s Chief
Administrative Officer. All reports or certifications required by this Agreement shall
be delivered to the Human Services Department.
B. City Consultant. The City may retain a consultant to monitor Contractor’s
compliance with this Agreement. Contractor agrees to participate and comply in
good faith with the City’s monitoring efforts. Contractor shall not be required to
compromise any attorney-client privilege during monitoring.
IX. COMPLAINTS AND CORRECTIVE ACTION
A. Complaints Directed to Housing and Human Services Division. Any
complaints regarding Contractor or an attorney or Rule 9 providing services
pursuant to this Agreement, whether received by the City, the Contractor, or the
Court, shall be directed to the Housing and Human Services Division.
B. Investigation by the Contractor. In the event a complaint is received by the
contractor or by the Housing and Human Services Division, Contractor shall
investigate the complaint. The Contractor shall inform the complainant and the
Human Services Department of the results of the investigation.
C. Investigation by the City. In the event a complaint is received by or directed
to the Housing and Human Services Division and is not timely resolved by the
Contractor, the Housing and Human Services Division may investigate the
complaint. The Housing and Human Services Division may consult with legal
counsel other than the City Attorney’s Office, or another expert, in order to resolve
the complaint. In addition, the Housing and Human Services Division may consult
with the Washington State Bar Association when appropriate.
X. DURATION AND TERMINATION
A. Case-By-Case Duration. This Agreement shall be effective upon signature of
the Contractor and acceptance by the City. This Agreement shall govern each case
in which a Contractor is assigned to represent a Defendant and shall govern for the
duration of representation as set forth in Section II.B. This Agreement shall be
Agreement for Indigent Defense Services Page | 3
deemed terminated as to a single case when the duration of representation as set
forth in Section II.B has expired.
B. Termination. This Agreement may be terminated such that the Contractor
shall not accept appointment to additional cases from the Court upon written notice
of breach of this Agreement, or absent breach, upon 14 days written notice by
either party. Each and every term of this Agreement is material, and the failure of
any party to comply with any term of this Agreement shall constitute a breach of
this Agreement.
C. Continuation of Representation. The continued representation of defendants
by Contractor after termination shall be governed by the interests of the
defendants, the Rules of Professional Conduct, the Supreme Court’s Standards for
Indigent Defense, and the issues addressed in the Decision.
XI. COMPENSATION AND EXPENSES
A. Case Fees. The City shall provide to Contractor for services rendered under
this Agreement the sum of THREE HUNDRED DOLLARS ($300.00) per case in the
Kent Municipal Court, SEVEN HUNDRED FIFTY DOLLARS ($750.00) per case
appealed to the Superior Court, and ONE THOUSAND DOLLARS ($1,000.00) per
case appealed to the Court of Appeals or Washington Supreme Court. Contractor
shall bill for and be paid the above fees one time per case. If Contractor withdraws
from a case and then is reassigned to the case, Contractor shall not bill for or be
paid for the case upon reassignment. The term “case” shall have the same
meaning as provided in Standard 3 of the Standards for Indigent Defense
established by the Supreme Court.
B. Review Hearing Fees. After the Kent Municipal Court’s entry of a judgment
and sentence, a deferral of sentence, or entry of a deferred prosecution or
stipulated order of continuance, in the event Contractor is required to appear with
the Defendant at review hearings in the case, Contractor shall be paid FIFTY
DOLLARS ($50.00) per review hearing for up to five (5) review hearings.
Contractor shall appear at any review hearings beyond five (5) hearings for no
additional fee. The term “case” shall have the same meaning as provided in
Standard 3 of the Standards for Indigent Defense established by the Supreme
Court.
C. Billing. The Contractor shall bill the City, in care of the City’s Housing and
Human Services Division, by the 10th day of the month following an appointment.
Contractor shall also bill for any review hearing fees as well as expenses permitted
in Sections XI.F and G of this Agreement by the 10th day following the month of the
accrual of the allowable fees or expenses.
D. Payment. The City shall make payments within 30 days of receipt of
Contractors bill.
Agreement for Indigent Defense Services Page | 4
E. Compensation Sufficient. Except as provided in Subsections XI.F and G,
Contractor warrants that the compensation provided under this Agreement includes
and is sufficient to provide for all costs related to travel, telephones, law library
including electronic research, financial accounting, case management systems,
computers and software, office space and supplies, administrative and staff
services, training, licensing, meeting the requirements imposed by the Washington
Supreme Court Standards for Indigent Defense, and other costs incurred in the
day-to-day conduct of legal services and the management of the services called for
by this Agreement.
F. Non-Routine Expenses. The City will pay for non-routine case expenses
when reasonably incurred and preauthorized by the Court or the City from funds
available for that purpose, unless the services are performed by Contractor’s staff
or subcontractors. Examples of potential non-routine, preauthorized expenses that
might be subject to additional reimbursement include, but are not limited to:
1. Investigation expenses
2. Medical and psychiatric evaluations
3. Expert witness fees and expenses
4. Interpreters
5. Polygraph, forensic and other scientific tests
6. Medical records
7. Any other non-routine expenses the Court finds necessary and proper
for the investigation preparation, and presentation of a case.
G. Transcription Expenses. The City agrees to reimburse the Contractor for all
reasonable costs associated with obtaining and transcribing trial court records for
appeal purposes if such costs have not been waived.
XII. NON-DISCRIMINATION
Contractor shall not discriminate in the hiring of employees or the provision of
services pursuant to a contract with the City, and shall execute the attached City of
Kent Equal Employment Opportunity Policy Declaration, Comply with City
Administrative Policy 1.2, and upon completion of the contract work, file the
attached Compliance Statement.
XIII. PROOF OF LIABILITY INSURANCE
Contractor shall procure and maintain for the duration of the Agreement, insurance
of the types and in the amounts described in Exhibit A attached and incorporated
by this reference.
XIV. INDEMNIFICATION
Contractor shall indemnify, defend, and hold the City, its elected officials, officers,
and employees harmless from any and all claims whatsoever related to or arising
from the performance of the Contractor’s obligations pursuant to this Agreement,
Agreement for Indigent Defense Services Page | 5
including but not limited to claims arising out of the errors and omissions of the
Contractor relating to the representation or lack of representation of clients, and/or
by reason of accident, injury, or death caused to any persons or property of any
kind occurring during the performance or lack thereof of the work required by this
Agreement, or traveling to or from any place to perform the work required by this
Agreement, except to the extent they are caused by the sole negligence of the City.
The failure of the Contractor to carry insurance in a quantity sufficient to defend a
claim or lawsuit or cover any judgment that results shall not operate to limit the
Contractor’s indemnification or defense of the City. This indemnification section
shall survive the expiration or termination of this Agreement.
XV. SUBCONTRACTING AND REASSIGNMENT PROHIBITED
Contractor shall not subcontract with another attorney or law firm to provide the
services required herein. Contractor shall remain directly involved in and
responsible for the representation of all assigned defendants. No assignment or
transfer of this Agreement or of any interest in this Agreement shall be made by
either of the parties without prior written consent of the non-assigning party.
XVI. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR AND
NOT EMPLOYEE
This Agreement calls for the performance of the services of the Contractor as an
independent contractor and Contractor will not be considered an employee of the
City for any purpose. Contractor shall secure at its own expense and be
responsible for any and all payment of income tax, social security, state disability
insurance compensation, unemployment compensation, worker’s compensation,
and all other payroll deductions for the Contractor and its officers, agents, and
employees and the costs of all professional or business licenses in connection with
the services to be performed hereunder. Contractor shall be solely responsible for
any and all claims or lawsuits filed against Contractor by personnel employed by
the Attorney related to the conditions or terms of employment by the Contractor,
and the Contractor shall defend, indemnify, and hold harmless the City and its
employees and officers from any such claims or lawsuits. Contractor further agrees
that its employees are not considered employees of the City for the purposes of
participating in any state or federal program, including but not limited to the
retirement program provided by the Washington Department of Retirement
Services, and in the event that a claim is made to the contrary by any employee or
volunteer of the Contractor, Contractor shall defend, indemnify, and hold harmless
the City and its employees and officers from any such claims or lawsuits and shall
pay all awards ordered against the City for such claims or lawsuits.
XVII. NOTICES
All notices and other written documentation shall be sent to the parties at the
following addresses unless otherwise requested in writing:
Agreement for Indigent Defense Services Page | 6
City of Kent: Contractor:
Mayor
City of Kent
220 Fourth Ave. S.
Kent, WA 98032
XVIII.SERVICES NOT EXCLUSIVE
Contractor agrees that the City may contract with other attorneys for the services
called for in this Agreement, and Contractor shall not be the exclusive contractor
utilized by the City for the services called for in this Agreement.
XIX.ENTIRE AGREEMENT – AMENDMENTS
This instrument contains the entire Agreement between the parties for the work
and services called for herein, and it may not be enlarged, modified, altered, or
amended except in writing signed by the parties.
XX.DUPLICATE ORIGINALS
This Agreement may be executed in duplicate originals.
XXI.EFFECTIVE DATE
The terms of this Agreement shall take effect on the last day signed below.
CITY: ATTORNEY:
City of Kent ______________________________
Print Name:
Title:
Print Name: Julie Parascondola
Title: Director of Parks, Recreation,
and Community Services
Dated:
Dated:
ATTEST:
Merina Hanson, Housing and Human
Services Manager, City of Kent
Agreement for Indigent Defense Services Page | 7
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1.I have read the attached City of Kent administrative policy number 1.2.
2.During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3.During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4.During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5.Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this ___________ day of ___________________ , 20 .
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1.Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2.Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1.Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2.Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 20___.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Professional Liability insurance appropriate to the
Consultant’s profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Professional Liability insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor’s insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor’s insurance and
shall not contribute with it.
2. The Contractor’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
EXHIBIT A (Continued)
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor’s
Commercial General Liability insurance shall also contain a clause stating
that coverage shall apply separately to each insured against whom claim
is made or suit is brought, except with respects to the limits of the
insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
EXHIBIT B
OTHER BUSINESS
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BIDS
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EXECUTIVE SESSION
A. Litigation, as per RCW 42.30.110(1)(i)
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT