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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 11/05/2018 (2) Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Public Works Administration at 253 -856-5500, or email Cheryl Viseth at CViseth@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Public Works Committee Agenda Chair - Dennis Higgins Brenda Fincher– Toni Troutner Cheryl Viseth, Committee Secretary Monday, November 5, 2018 4:00 p.m. Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 01 MIN. 3. Changes to the Agenda Chair 01 MIN. 4. Approval of October 15, 2018 Minutes YES Chair 05 MIN. 5. USGS Joint Funding Agreement YES Mike Mactutis 05 MIN. 6. Goods & Services Agreement with Univar USA, Inc. for Water Treatment Chemical Supply YES Sean Bauer 15 MIN. 7. Kent Drinking Water Quality - Info Only NO Sean Bauer 10 MIN. 8. GIS Enterprise Licensing Agreement with ESRI YES Catherine Crook 10 MIN. 9. Cross Connection Code Update YES Evan Swanson 10 MIN. 10. Snow and Ice Update - Info Only NO Bill Thomas 10 MIN. 11. Quiet Zone Update - Info Only NO Chad Bieren 05 MIN. 12. Adjournment Chair 01 MIN. Page 1 of 4 Pending Approval Public Works Committee CC PW Regular Meeting Minutes October 15, 2018 Date: October 15, 2018 Time: 4:00 PM Place: Chambers East Attending: Dennis Higgins, Chair Brenda Fincher, Councilmember Toni Troutner, Councilmember Cheryl Viseth, Committee Secretary Agenda: 1. Call to Order 4:00 PM 2. Roll Call Attendee Name Title Status Arrived Dennis Higgins Chair Present Brenda Fincher Councilmember Present Toni Troutner Councilmember Present Cheryl Viseth Committee Secretary Present 3. Changes to the Agenda 4. Approval of Minutes dated October 1, 2018 MOTION: Move to approve the Minutes dated October 1, 2018 RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Higgins, Fincher, Troutner 5. Lifeline Rates Paul Scott, Public Works Finance Manager, noted that the Lifeline Utility Rate program provides reduced utility rates to those individuals who qualify. It was noted that the amended ordinance clarifies that lifeline utility rate customers are not subject to rate increases based on the Consumer Price Index (CPI). MOTION: Move to recommend Council authorize the Mayor to amend section 7.01.080 of the Kent City Code, entitled “Lifeline Utility Rate,” to clarify that Consumer Price Index (CPI) increases do not apply to lifeline utility rates, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 4 Packet Pg. 2 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 5 , 2 0 1 8 4 : 0 0 P M ( O P E N S E S S I O N ) Public Works Committee CC PW Regular Meeting Minutes October 15, 2018 Kent, Washington Page 2 of 4 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Higgins, Fincher, Troutner 6. Downey and Naden Clearing and Grading Change Order Tim LaPorte, Public Works Director, noted that the latest phase of the Downey Farmstead Restoration project is currently under construction. The contract for this work was awarded to Scarsella Brothers, Inc., in July. The King County Flood Control District approved another $780,000 in grant funds for the Downey Farmstead project. Staff is recommending a change order to the existing contract with Scarsella Brothers, Inc., that would allow more material to be removed from the Downey Farmstead site. Using the grant funds would advance the project further towards completion. The excavated material would be exported to the City owned Naden Avenue property in preparation for selling that site for future development. LaPorte noted that additional site preparation activity is required at the Naden site to accommodate the larger amount of fill material. This work would be paid from the City’s Opportunity Fund, not from the General Fund as noted in the packet. The total Change Order amount is $792,369. $759,466 would be funded by the King County Flood Control District grant funds, and $32,903 would be funded by the City’s Opportunity Fund. MOTION: Move to recommend Council authorize the Mayor to sign a change order in the amount of $792,369 for the Downey and Naden Clearing and Grading Project, subject to approval of the language therein by the City Attorney and Public Works Director. RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Higgins, Fincher, Troutner 7. Litter Update - Info Only Street Maintenance Workers, Ted Stanton and Michael Houlihan gave an informative presentation on litter, showing trouble spots throughout the city. Crews have picked up over 100 tons of garbage so far, this year. Staff is working with Metro Transit and the Department of Transportation about the bus stops and the limited access areas where trash is being dumped. To report garbage in the City right of way call (253) 856-5600 M-F 7:00 a.m. to 4:00 p.m. or report it online at <https://www.kentwa.gov/services/online- 4 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 5 , 2 0 1 8 4 : 0 0 P M ( O P E N S E S S I O N ) Public Works Committee CC PW Regular Meeting Minutes October 15, 2018 Kent, Washington Page 3 of 4 services/ask-a-question-or-submit-a-service-request>. For Code Enforcement issues contact, (253)856-5409 or by email at codeenforcement@kentwa.gov <mailto:codeenforcement@kentwa.gov>. Committee members reminded everyone that dumping litter is not a cost- free crime, we all pay for it. 8. TeamUp2CleanUp and Fall Recycling Collection Event - Info Only Assistant Solid Waste Coordinator, Tony Donati gave a brief update on the TeamUp2CleanUp event that took place on September 15, the City partnered with the Kent Downtown Partnership, Kent Station, the Golden Steer Restaurant, Doorman Services and Republic Service. 124 residents, including several neighborhoods, Mill Creek Middle School and High School students needing volunteer time, volunteered 403 hours and removed 128 bags of trash and debris off our streets, trails, parks and neighborhoods. Thank you to all that participated! Donati also noted that the Fall Recycling Collection Event is taking place on Saturday, October 20 at Hogan Park from 9:00 a.m. to 3:00 p.m. This year residents of Kent and King County can bring hard to recycle items such as: mattresses, documents for shredding, scrap metal, concrete, appliances, Styrofoam and much more for no charge. This event is funded by the King County Waste Reduction and Recycling Grant and the Local Hazardous Waste Management Program grant. Listed below are links to ways you can get involved: Adopt a Street/Spot: <https://www.kentwa.gov/residents/volunteer- opportunities/adopt-a-street>. The Adopt-a-Street program offers individuals, local businesses and organizations an opportunity to beautify Kent by picking up litter along the streets. Removing litter improves safety and the appearance of the community, and prevents pollution from entering drainage systems and waterways. Code Enforcement Complaints: Can be filed by phone at (253) 856-5409, or email CodeEnforcement@KentWA.gov <mailto:CodeEnforcement@KentWA.gov>. Common issues Code Enforcement deals with are junk or inoperable vehicles, accumulated garbage and debris on private property, graffiti, overgrown vegetation. 9. Quiet Zone Update - Info Only Chad Bieren, Deputy Public Works Director / City Engineer noted that the BNSF comment period ends on October 25, 2018. This date was previously reported incorrectly as October 17, 2018. The UPRR comment period ends on 4 Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 5 , 2 0 1 8 4 : 0 0 P M ( O P E N S E S S I O N ) Public Works Committee CC PW Regular Meeting Minutes October 15, 2018 Kent, Washington Page 4 of 4 November 10, 2018. 10. Adjournment Cheryl Viseth Committee Secretary 4 Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 5 , 2 0 1 8 4 : 0 0 P M ( O P E N S E S S I O N ) PUBLIC WORKS COMMITTEE Tim LaPorte, PE 220 Fourth Ave S Kent, WA 98032 253-856-5500 DATE: November 5, 2018 TO: Public Works Committee SUBJECT: USGS Joint Funding Agreement MOTION: Move to recommend Council authorize the Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey upon concurrence of the language therein by the City Attorney and Public Works Director. SUMMARY: This is an on-going partnership with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2019, The city of Kent will contribute $79,560 to the total annual program costs of $121,120 with the USGS and the city of Tukwila providing the remainder. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of city design of stormwater flood projection models. The internet link allows staff and the public to monitor stream flow levels from remote locations at real-time. The stream flow measured at the gage at Rock Creek and Kent Kangley Road is included in the Clark Springs Habitat Conservation Plan as a criteria to determine the City’s augmentation of flows in Rock Creek from October through December. This agreement will provide for operation, maintenance and data collection at six gages. Two are located on Mill Creek, one on Springbrook Creek, two on Rock Creek, and one on the Green River. The gage information is available to the public real-time at http://waterdata.usgs.gov/wa/nwis/current?type=flow. BUDGET IMPACT: 5 Packet Pg. 6 Costs for this contract will be charged partially to the Water Utility (Rock Creek gages) and partially to the Stormwater Utility (Green River, Mill and Springbrook gages). SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services RECOMMENDED BY: Mike Mactutis ATTACHMENTS: 1. 5 - EXHIBIT Agmt (PDF) 5 Packet Pg. 7 Form 9-1366 (May 2018) U.S. DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY Date October 1,2018 Customer #: Agreement # Project #: TIN #: Fixed Cost Agreement 6000000723 1 gYGJFAOgSOO YGOOHl U 91-6001254 Yes JOINT FUNDING AGREEMENT FOR WATER RESOU RC ES INVESTIGATIONS THIS AGREEMENT is entered into as of the, I day of October, 2018 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the Gity of Kent, party of the second part. L The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for the operation and maintenance of streamgaging stations at the Green River, and Springbrook Mill and Rock Greek, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes ln-Kind Services in the amount of $ (a) by the party of the first part during the period Amount $4{,560 to to Date September 30, 2019 Date September 30, 2019 (b) by the party of the second part during the period Amount Date $79,560 October 1,2018 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $N/A Description of the USGS regional/nations program: USGS Federal Priority Streamgage Program (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 5.a Packet Pg. 8 At t a c h m e n t : 5 - E X H I B I T A g m t ( 1 4 5 3 : U S G S J o i n t F u n d i n g A g r e e m e n t ) 9-i366 (Gontinuation) Customer #: 6000000723 Agreement #: 19YGJFA09800 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data development as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www2. usqs. qov/fsp/). L Billing for this agreement will be rendered: QUARTERLY. lnvoices not paid within 60 days from the billing date will bear lnterest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. S 3717)established by the U.S. Treasury. Name: Address: Telephone: Email: Org Code: U.S. GeologicalSurvey United States Department of the Interior USGS Point of Contact Mark Mastin 934 Broadway, Suite 300 Tacoma, WA 98402 253-552-1609 mcmastin@usgs.gov GGWNYGOOOO Name: Address Telephone: Email: Signature Date: Name: Title: Signature: Date: Name: Title: Name of Gustomer Gity of Kent Gustomer Point of Gontact Mike Mactutis 220 4th Ave S Kent, WA 98032 253-856-5520 mmactutis@kentwa.gov Signature and Date:Signature and Date Signature: Date: Name: Title: Ja.-&-t? Cynthia Barton, PhD, LHG, LG Center Director 5.a Packet Pg. 9 At t a c h m e n t : 5 - E X H I B I T A g m t ( 1 4 5 3 : U S G S J o i n t F u n d i n g A g r e e m e n t ) PUBLIC WORKS COMMITTEE Tim LaPorte, PE 220 Fourth Ave S Kent, WA 98032 253-856-5500 DATE: November 5, 2018 TO: Public Works Committee SUBJECT: Goods & Services Agreement with Univar USA, Inc. for Water Treatment Chemical Supply MOTION: Move to recommend council authorize the Mayor to sign the 2019 Water Treatment Chemical Supply Agreement with Univar USA Inc. for 25% Sodium Hydroxide, in an amount not to exceed $115,768.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for budget planning. The use of these chemicals is required to produce drinking water quality that meets state and federal regulations for drinking water standards. The treatment chemicals are used to treat potable drinking water which is provided to the City’s water customers. Sodium Hydroxide is used in the water system as a pH adjustment for corrosion control. BUDGET IMPACT: There is no Unbudgeted Fiscal Impact as this is an annual cost planned for in the Water Utility operating budget. SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. 6 - EXHIBIT Agmt (PDF) 6 Packet Pg. 10 GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Univar USA Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Univar USA Inc. organized under the laws of the State of Illinois, located and doing business at 8201 S 212th St. Kent, WA 98032, Phone: (253) 872-5000, Contact: Jennifer Perras (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 the City of Kent Water Department with water treatment chemicals (bid items 9, 10 and 12) according to the bid proposal submitted October 12, 2018 , 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 December 31, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred Fifteen Thousand, Seven Hundred and Sixty-Eight Dollars ($115,768.00), 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: Compensation of up to $115,768.00 is based on an estimated annual need. Actual need may vary as follows: Item 9: zero to 96,000 gals. Item 10: zero to 12,000 gals. Item 12: zero to 8,000 gals. Therefore, actual compensation will be between $0 and $115,768.00 and be based on the exact quantity of chemicals ordered by the City. The Vendor shall be paid after submittal of invoice. 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. 6.a Packet Pg. 11 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) 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 additi onal 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 add itional 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 th eir 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 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 6.a Packet Pg. 12 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) 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. A n 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 acc ordance 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. 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 6.a Packet Pg. 13 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) 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 City 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 origin al 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 ti me 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 an y 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 neg ligence. 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 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. 6.a Packet Pg. 14 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) 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 assign ment 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 Ve ndor. 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 wi th any language contained in this Agreement, the terms of this Agreement shall prevail. 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 beco me 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 6.a Packet Pg. 15 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) 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: Jennifer Perras Univar USA Inc. 8201 S 212th St. Kent, WA 98032 (253) 872-5000 (telephone) (253) 572-5041 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk 6.a Packet Pg. 16 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) 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: _________________________________________ 6.a Packet Pg. 17 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) 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. 6.a Packet Pg. 18 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) 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: _________________________________________ 6.a Packet Pg. 19 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) WATER TREATMENT CHEMTCAL SUppLy FOR 2919 PROPOSAL FORM i The- undersigned hereby proposes to provide all equipment, labor, ñlâperform the service as specified in this contract (see Special provisio followíng fees: terials and supplies to 1.4 & 1.6) for the Bidder's Name: Univar USA lnc. Item Estlmated Annual Description 25olo Sodium Hydroxide in 4,000 Gal. Deliveries FOB Pump Station #5 9 96,000 GALS* B¡d Unit BULK GAL. Total $ 9s,BoB.oo$ooçr Total $95,808.00 xËstimated annual need is 96,000 Gals. Actual need may vary Univar USA lnc. Company Submitting proposal ed Signature term(s),ñfote: contractor must submit a flrm proposal for the contract EXHIBIT A 6.a Packet Pg. 20 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) WATER TREATMENT CHEMICAL SUPPLY FOR 2 PROPOSAL FORM 0 19 erials and supplies to rs 1.4 & 1.6) for the The- undersigned .hereby proposes to provide ail equipment, rabor, malperform the service as specified in this contract (see Special provisior following fees: Bidder's Name:Univar USA lnc. Item Estimated Annual Description B¡d Unit Unit P¡ices Total t0 12,000 GALS* 25olo Sodium Hydroxide in 4,000 Gal. Deliveries FOB East Hill Well $.gga BULK GAL. l $ t t,9zo.oo ïotal $1 1,976.00 *Estimated annual need is 12,000 Gals, Actual need may vary. Univar USA lnc. C ompany SubmÍtting proposal Au zed Signature ìlvofe; contractor must submit a firm proposar for the contract term(s). 6.a Packet Pg. 21 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) WATER TREATMENT CHEMICAL SUPPLY FOR PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, ffrãperform the service as specified in this contract (see Special provisio following fees: 19 ls and supplíes' to 1,4 & 1.6) for the Bidder's Name: Univar USA lnc. ïtem Estimated Annual Descrlption 25olo Sodium Hydroxide in 4,000 Gal. Deliveries FOB Guiberson Corrosion Facility Bid Unit BULK GAL. Total $ 2,98¿.oo ce5 12 8,000 GALSX $ Total *Estimated annual need is 8,000 Gals. Actual need may vary 7,984.00 Univar USATPãrfà 6.a Packet Pg. 22 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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. 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 Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 6.a Packet Pg. 23 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) EXHIBIT B (continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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. 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. 6.a Packet Pg. 24 At t a c h m e n t : 6 - E X H I B I T A g m t ( 1 4 5 4 : G o o d s & S e r v i c e s A g r e e m e n t w i t h U n i v a r U S A , I n c . f o r W a t e r T r e a t m e n t C h e m i c a l S u p p l y ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: November 5, 2018 TO: Public Works Committee SUBJECT: Kent Drinking Water Quality - Info Only SUMMARY: Staff will present information with results on recent testing for lead in the city’s drinking water supply. Recent events in municipalities on the East Coast have concerned their citizens on the safety of drinking water. More specifically, concern has been expressed on the levels of lead in the drinking water which has become national news. Staff will review results of Kent’s water quality analysis and provide information on continuous testing available for our Kent water customers. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Innovative Community, Sustainable Services 7 Packet Pg. 25 PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: November 5, 2018 TO: Public Works Committee SUBJECT: GIS Enterprise Licensing Agreement with ESRI MOTION: Move to recommend Council authorize the Mayor to sign the Enterprise Agreement for ESRI GIS Software licensing between the City of Kent and ESRI (Environmental Systems Research Institute) upon concurrence of the language therein of the ESRI Master Agreement No. 335623 and ESRI Small Enterprise Agreement, County & Municipality Government No. 335621. SUMMARY: ESRI Enterprise Licensing Agreement (EA) From the early nineties the GIS Group’s GIS software licensing was managed out of the IT Department until the GIS Supervisor assumed management in 2017. The licenses were a complicated use of many single seats (one license per computer) and this strategy was difficult to manage. The City had more than 38 Esri GIS licenses to keep track of which included updating or deactivating licenses once a computer was decommissioned/replaced or city staff separated. The impetus for the EA with Esri was the cost of the city managing all these licenses at approximately $57,000.00 in 2018 and this total was growing yearly. As GIS technology grows at the City with the use of mobile Collector apps, online web applications, the new asset management software City Works, plus new IT systems coming on board that use GIS as their foundation the licensing needs were growing proportionally. An EA will allow the GIS department to organize and give access to ArcGIS software to our corporate users along with timely and expert assistance from Esri. Managing the licenses individually as in the past is inefficient and results in costs totaling more than entering into an EA. The EA licensing will unite into a single organization-wide agreement which will lower the costs over time. The attached agreements have been compiled and reviewed in a joint effort by ESRI and the City Attorney’s Office. BUDGET IMPACT: Year 1 - GIS Project Funded, Years 2 & 3 – IT M & O Funded SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure, Innovative Government 8 Packet Pg. 26 ATTACHMENTS: 1. ESRI Master Agreement No. 335623 (PDF) 2. ESRI Small Enterprise Agreement - County and Municipality Government No. 335621 (PDF) 3. Detailed Staff Summary, Analysis and Strategy Supporting EA (PDF) 8 Packet Pg. 27 Master Agreement E204CW Page 1 of 16 March 30, 2018 Agreement No. 335623 This Master Agreement ("Agreement") is between the entity shown below ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"), a California corporation with a place of business at 380 New York Street, Redlands, California 92373-8100 USA. This Agreement is the sole and entire agreement of the parties as to the subject matter of this Agreement and supersedes any previous agreements, understandings, and arrangements relating to such subject matter. Neither party has relied on any statement, representation, or warranty not expressly stated in this Agreement. The Agreement comprises this signature page, the terms and conditions that begin on the following page, and all referenced attachments. Except for Product or Service descriptions, quantities, pricing, and delivery instructions, or as agreed in an Ordering Document signed by both parties, all terms included in any Ordering Document are void and of no effect. Any modification(s) or amendment(s) to this Agreement must be in writing and signed by both parties. The parties may sign this Agreement in counterparts or via electronic signatures; such execution is valid even if an original paper document bearing both parties' original signatures is not delivered. This Agreement is executed and effective as of the last date signed below. The authorized representatives of each party accept and agree to the terms of this Agreement by signing below: CITY OF KENT ENVIRONMENTAL SYSTEMS RESEARCH (Customer) INSTITUTE, INC. (Esri) Legal Address: 380 New York Street, Redlands, CA 92373-8100 By: ExternalSignature1 By: InternalSignature1 Authorized Signature Authorized Signature Printed Name: ExternalName1 Printed Name: InternalName1 Title: ExternalTitle1 Title: InternalTitle1 Date: ExternalDate1 Date: InternalDate1 Customer Contact Information Contact: Telephone: Address: Fax: City, State, ZIP: Email: 8.a Packet Pg. 28 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 2 of 16 March 30, 2018 Attachment A contains definitions of capitalized terms used throughout this Agreement. Each section of this Agreement may include additional definitions that are used exclusively within that section. 1.0 GENERAL GRANT OF RIGHTS AND RESTRICTIONS 1.1 Grant of Rights. In consideration of Customer's payment of all applicable fees and in accordance with this Agreement, Esri a. Provides Services as set forth in this Agreement; b. Grants to Customer a nonexclusive, nontransferable right and license or subscription to access and use Esri Offerings as set forth in the Specifications and applicable Ordering Documents; and c. Authorizes Customer to copy and make derivative works of the Documentation for Customer's own internal use in conjunction with Customer's authorized use of Esri Offerings. Customer will include the following copyright attribution notice acknowledging the proprietary rights of Esri and its licensors in any derivative work: "Portions of this document include intellectual property of Esri and its licensors and are used under license. Copyright © [Customer will insert the actual copyright date(s) from the source materials.] Esri and its licensors. All rights reserved." The grants of rights in this section (i) continue for the duration of the subscription or applicable Term or perpetually if no Term is applicable or identified in the Ordering Documents and (ii) are subject to additional rights and restrictions in this Agreement including Attachment B. 1.2 Consultant or Contractor Access. Customer may authorize its consultants or contractors to (i) host Esri Offerings for Customer's benefit and (ii) use Esri Offerings exclusively for Customer's benefit. Customer will be solely responsible for its consultants' and contractors' compliance with this Agreement and will ensure that each consultant or contractor discontinues use of the Esri Offerings upon completion of work for Customer. Access to or use of Esri Offerings by consultants or contractors that is not exclusively for Customer's benefit is prohibited. 1.3 Reservation of Rights. All Esri Offerings are the copyrighted works of Esri or its licensors; all rights not specifically granted in this Agreement are reserved. 1.4 Trial, Evaluation, and Beta Licenses. Products acquired under a trial or evaluation license or subscription or under a Beta program are intended for evaluation and testing purposes only and not for commercial use. Any such use is at Customer's own risk, and the Products do not qualify for Maintenance. If Customer does not convert to a purchased license or subscription prior to the expiration of the evaluation term, Customer may lose any Customer Content and customizations made during the evaluation term. If Customer does not wish to purchase a license or subscription, Customer should export such Customer Content before the end of Customer's evaluation period. 1.5 Educational Programs. Customer agrees to use Esri Offerings provided under an educational program solely for educational purposes during the educational use Term. Customer shall not use Products for any Administrative Use unless Customer has acquired an Administrative Use license. "Administrative Use" means administrative activities that are not directly related to instruction or education, such as asset mapping, facilities management, demographic analysis, routing, campus safety, and accessibility analysis. Customer shall not use Products for revenue-generating or for-profit purposes. 1.6 Grant Programs. Customer may use Esri Offerings provided under a grant program for noncommercial purposes only. Except for cost recovery of using and operating the Esri Offerings, Customer shall not use Esri Offerings for revenue-generating or for-profit purposes. 1.7 Other Esri Limited-Use Programs. If Customer acquires Esri Offerings under any limited-use program not listed above, Customer's use of the Esri Offerings may be subject to the terms set forth in the applicable launching page or enrollment form or as described on Esri's website in addition to the nonconflicting terms of this Agreement. 8.a Packet Pg. 29 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 3 of 16 March 30, 2018 2.0 SOFTWARE 2.1 License Types. Esri licenses Software under the following license types; the Documentation and Ordering Documents identify which license type(s) applies to the ordered Software: a. Concurrent Use License. Customer may install and use the Software on computer(s) on a network, but the number of simultaneous users may not exceed the number of licenses acquired. A Concurrent Use License includes the right to run passive failover instances of Concurrent Use License management software in a separate operating system environment for temporary failover support. b. Deployment License. Customer may incorporate ArcGIS Runtime components in Value-Added Applications and distribute the Value-Added Applications to Customer's end users. c. Deployment Server License. Customer may use the Software under a Server License for all uses permitted in the Agreement and as described in the Documentation. d. Development Server License. Customer may use the Software under a Server License only to build and test Value-Added Applications as described in the Documentation. e. Development Use. Customer may install and use the Software to build and test Value-Added Applications as described in the Documentation. f. Dual Use License. Customer may install the Software on a desktop computer and use it simultaneously with either a personal digital assistant (PDA) or handheld mobile computer as long as the Software is only used by a single individual at any time. g. Failover License. Customer may install Software on redundant systems for failover operations, but the redundantly installed Software may be operational only during the period the primary site is nonoperational. Except for system maintenance and updating of databases, the redundant Software installation(s) will remain dormant while the primary site (or any other redundant site) is operational. h. Redistribution License. Customer may reproduce and distribute the Software provided that 1. Customer reproduces and distributes the Software in its entirety; 2. A license agreement that protects the Software to the same extent as this Agreement accompanies each copy of the Software, and the recipient agrees to the terms and conditions of the license agreement; 3. Customer reproduces all copyright and trademark attributions and notices; and 4. Customer does not charge a fee to others for the use of the Software. i. Server License. Customer may install and use the Software on a server computer. Server Licenses may be subject to a limited number of server cores or distributed deployment on multiple servers as described in the Ordering Documents or Documentation. If the Software description includes failover use, each Server License includes a Failover License. j. Single Use License. Customer may permit a single authorized end user to install and use the Software on a single computer. Customer may permit the single authorized end user to install a second copy for the end user's exclusive use on a second computer as long as only 1 copy of Software is in use at any time. No other end user may use Software under the same license at the same time for any other purpose. k. Staging Server License. Customer may use the Software under a Server License to build and test Value- Added Applications and map caches; conduct user acceptance, performance, and load testing of other third- party software; stage new commercial data updates; and conduct training activities as described in the Documentation. Customer may use Value-Added Applications and map caches with Development and Deployment Server Licenses. 2.2 Permitted Uses a. Customer may 1. Install, access, or store Software and Data on electronic storage device(s); 2. Make archival copies and routine computer backups; 3. Install and use a newer version of Software concurrently with the version to be replaced during a reasonable transition period not to exceed 6 months, provided that the deployment of either version does not exceed Customer's licensed quantity; thereafter, Customer will not use more Software in the 8.a Packet Pg. 30 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 4 of 16 March 30, 2018 aggregate than Customer's total licensed quantity. This concurrent use right does not apply to Software licensed for Development Use. 4. Move the Software in the licensed configuration to a replacement computer; 5. Distribute Software and any associated Authorization Codes required for use of a Deployment License to third parties; and 6. Use server Software for Commercial ASP Use only if Customer has procured a Commercial ASP Use license or is a governmental or not-for-profit organization that operates a website or offers an Internet service on a cost-recovery basis and not for profit. b. Customer may customize Software using any macro or scripting language, APIs, or source or object code libraries but only to the extent that such customization is described in Documentation. c. Customer may use all fonts provided with the Software for any authorized use of the Software. Customer may also use Esri fonts separately to print any output created by the Software. Any use restrictions for third-party fonts included with the Software are set forth in the font file itself. d. Esri publishes Product-specific Software terms of use at http://www.esri.com/legal/scope-of-use. 3.0 ONLINE SERVICES 3.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. "Anonymous Users" means all who have public access (i.e., without having to provide a Named User Credential) to any part of Customer Content or Value-Added Applications. Customer may enable Anonymous Users to access Customer Content or Value-Added Applications by publishing them through the use of the Sharing Tools, included with Customer's authorized use of the Online Services. b. "App Login Credential(s)" means a system-generated application login and associated password, provided when registering a Value-Added Application with ArcGIS Online, which when embedded in a Value-Added Application allows the Value-Added Application to access and use of Online Services. c. "Service Credit(s)" means a unit of exchange that is allocated with an Online Services subscription in an amount specified in the Ordering Document. d. "Sharing Tools" means publishing capabilities included with Online Services and ArcGIS Website that allow Customer to make Customer Content and Value-Added Applications available to third parties or Anonymous Users. 3.2 Online Services Descriptions. Esri publishes Online Services subscription-specific terms of use at http://www.esri.com/legal/scope-of-use. Use of Online Services is also subject to the Cloud Services terms found in Attachment B. 3.3 Access to Value-Added Applications a. Named Users have unique, individual login credentials. Named Users have private access to features of Online Services that are not publicly accessible to Anonymous Users. b. Customer may use its Online Services subscription to build Value-Added Applications for internal use by Named Users in accordance with the published Online Services descriptions. c. Customer may transfer Value-Added Applications to any third party for use in conjunction with the third party's own Online Services subscription. d. Customer may not add third parties as Named Users to Customer's Online Services subscription. This restriction does not apply to third parties included within the definition of Named Users. e. Customer may not provide a third party with access to ArcGIS Online Services enabled through Customer's ArcGIS Online subscription other than through Customer's Value-Added Applications. This restriction does not apply to third parties included within the definition of Named Users. f. Customer may enable Anonymous Users to access Customer's Value-Added Applications running under Customer's own subscription, subject to the following terms: 1. Customer may charge for such access under subscription types that permit use for commercial retail business purposes. 2. Customer may embed an App Login Credential into Value-Added Applications to enable public use by Anonymous Users but may not embed a Named User Credential. 8.a Packet Pg. 31 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 5 of 16 March 30, 2018 3. Customer is responsible for all Service Credits consumed in Anonymous Users' use of Customer's Value- Added Applications. 4. Customer is solely responsible for providing technical support for Customer's Value-Added Application(s). 5. Customer may not enable Anonymous Users to access Value-Added Applications that are intended for Customer's internal use only; Value-Added Applications used internally require each user to use Named User login credentials. 3.4 Customer's Responsibilities a. Customer is solely responsible for the development and operation of Customer Content and Value-Added Applications and for its Named Users' compliance with this Agreement. Customer and its Named Users or Anonymous Users (if applicable) are the only persons authorized to access Online Services through Customer's subscription. Named Users' login credentials are for designated Named Users only and may not be shared with other individuals. Customer may reassign a Named User License if the former Named User no longer requires access to Online Services. b. Customer must include attribution acknowledging that its application uses Esri Online Services, if attribution is not automatically displayed through the use of Online Services. Guidelines are provided in the Documentation. c. Customer will ensure that Customer Content is suitable for use with Online Services and will maintain regular offline backups using the Online Services export and download capabilities. 3.5 Modifications of Online Services. Esri may change Online Services and associated APIs at any time, subject to 30 days' notice of material changes and 90 days' notice for deprecations. If any modification, discontinuation, or deprecation of Online Services causes a material, adverse impact to Customer's operations, Esri may, at its discretion, attempt to repair, correct, or provide a workaround for Online Services. If a viable solution is not commercially reasonable, Customer may cancel its subscription to Online Services, and Esri will issue a prorated refund. 3.6 Subscription Fee Changes. Esri may change fees for subscriptions with a term greater than 1 month by notifying Customer at least 60 days prior to expiration of the then-current subscription term. Esri may change monthly subscription fees upon 30 days' notice. This section does not apply to the fee set forth in Esri quotation 20532298. 3.7 Sharing Customer Content. If Customer elects to share Customer Content using Sharing Tools, then Customer acknowledges that Customer has enabled third parties to use, store, cache, copy, reproduce, (re)distribute, and (re)transmit Customer Content through Online Services. Esri is not responsible for any loss, deletion, modification, or disclosure of Customer Content resulting from use or misuse of Sharing Tools or Online Services, Customer Content, ArcGIS Website, Documentation, or related materials. Customer's use of Sharing Tools is at Customer's sole risk. 3.8 Limits on Use of Online Services, Service Credits. Each Online Services subscription includes Service Credits as described in the applicable Ordering Document. Each Service Credit entitles Customer to consume a set amount of Online Services, the amount varying depending on the Online Services that Customer is using. As Customer consumes Online Services, Service Credits are automatically debited from Customer's subscription, up to the maximum number of Service Credits available. Customer may purchase additional Service Credits as needed. Esri will notify Customer's subscription account administrator when Customer's Service Credit consumption reaches approximately 75 percent of the Service Credits allocated to Customer through Customer's subscription. Esri reserves the right to suspend Customer's access to Online Services that consume Service Credits when Customer has consumed all its Service Credits. Esri will promptly restore Customer's access to its Online Services once Customer has purchased additional Service Credits. 8.a Packet Pg. 32 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 6 of 16 March 30, 2018 4.0 DATA 4.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. "Business Listing Data" means any dataset that includes a list of businesses and may include other associated business attributes. b. "Esri Content Package(s)" means a digital file containing ArcGIS Online basemap content (e.g., raster map tiles, images, vector data) extracted from the ArcGIS Online basemap services. c. "Street Data" means Data that includes or depicts information about roads, streets, and related features. 4.2 Permitted Uses a. Unless otherwise authorized in writing, Customer may only use Data with the Products for which Esri has provided the Data. b. Customer may include representations of the Data in hard-copy or static, electronic format (e.g., PDF, GIF, JPEG) in presentation packages, marketing studies, or other reports or documents containing map images or data summaries derived from the use of Esri Products to third parties subject to restrictions set forth in this Agreement, provided that Customer affixes an attribution statement to the Data representations acknowledging Esri or its applicable licensor(s) as the source of the portion(s) of the Data used for the Data representation. c. Customer may take ArcGIS Online basemaps offline through Esri Content Packages and subsequently deliver (transfer) them to any device for use with licensed ArcGIS Runtime applications and ArcGIS Desktop. Customer may not otherwise cache or download such Data. d. Esri does not acquire any rights in Customer Content under this Agreement. 4.3 Use Restrictions a. Customer may not act directly or authorize its customers to cobrand Data, use the Data in any unauthorized service or product, or offer Data through or on behalf of any third party. b. Customer may not use or allow third parties to use Data for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from compilation of information that is sold, rented, published, furnished, or in any manner provided to a third party. c. Business Listing Data. Unless authorized in writing, Customer may not use Business Listing Data for any direct marketing purposes, resale publication, or distribution to any third party as part of any mailing list, directory, classified advertising, or other compilation of information. d. Street Data. Customer may use Street Data for mapping, geocoding, routing, and transportation network analysis purposes. Unless otherwise authorized in writing, Customer may not use Street Data for 1. Real-time navigational guidance, including alerting a user about upcoming maneuvers, such as warning of an upcoming turn or calculating an alternate route if a turn is missed; 2. Synchronized multivehicle routing; or 3. Synchronized route optimization. e. Business Analyst Data. Customer may cache Data provided with ArcGIS Business Analyst Mobile App on a mobile device for use in conjunction with its use of ArcGIS Business Analyst Server. Customer may not otherwise cache or download such Data. f. Partial Dataset Licenses. If Customer orders a subset of a dataset (for example, a country, region, state, or local portion of a global database), Customer may use only the licensed subset, not any other portion of the full dataset. g. Esri MapStudio Data. Customer may create, publicly display, and distribute maps in hard-copy or static electronic format for news-reporting purposes only. h. Michael Bauer Research International Boundaries Data ("MBR Data"). Customer's right to use data downloaded to the Customer's premises (e.g. MBR Data stored in ArcGIS Enterprise, ArcGIS Desktop) terminates 2 years after download.  8.a Packet Pg. 33 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 7 of 16 March 30, 2018 4.4 Supplemental Terms and Conditions for Data. Certain Data licensors require Esri to flow down additional attribution requirements and terms of use to Customer. These terms supplement and amend the terms of this Agreement and are available at www.esri.com/legal/third-party-data. 5.0 MAINTENANCE. Esri will provide Maintenance for Software and Online Services in accordance with the Esri Maintenance and Support Program and this Agreement. 8.a Packet Pg. 34 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 8 of 16 March 30, 2018 ATTACHMENT A GLOSSARY OF TERMS The following glossary of terms applies to all Esri Offerings and Services that Esri may provide to its customers. Certain Esri Offerings or Services may not be within the scope of this Agreement. Please disregard any terms that are not applicable to Esri Offerings or Services offered under this Agreement. "API" means application programming interface. "ArcGIS Website" means www.arcgis.com and any related or successor websites. "Authorization Code(s)" means any key, authorization number, enablement code, login credential, activation code, token, user name and password, or other mechanism required for use of Esri Offerings. "Beta" means any alpha, beta, or other prerelease version of a Product. "Cloud Services" means Online Services. "Commercial ASP Use" means use as a commercial application service provider, that is, to generate revenue by providing access to Software or Online Services through a Value-Added Application, for example, by charging a subscription fee, service fee, or any other form of transaction fee or by generating more than incidental advertising revenue. "Content" means data, images, photographs, animations, video, audio, text, maps, databases, data models, spreadsheets, user interfaces, graphics components, icons, software, and other resources. "Customer Content" means any Content that Customer provides, uses, or develops in connection with Customer's use of Esri Offerings or Services, including Value-Added Applications. Customer Content excludes any feedback, suggestions, or requests for improvements that Customer provides to Esri. "Data" means any commercially available digital dataset(s) including, but not limited to, geographic vector data, raster data reports, or associated tabular attributes, that Esri bundles with other Esri Offerings or delivers independently. "Documentation" means all user reference documentation that Esri provides with an Esri Offering. "Esri Offering(s)" means any Product or Documentation. Esri Offerings exclude Services and Third-Party Content. "GIS" means geographic information system. "Maintenance" means a subscription program that Esri provides and that entitles Customer to Product updates and other benefits such as access to technical support and self-paced, web-based learning resources. "Malicious Code" means software viruses; worms; time bombs; Trojan horses; or any other computer code, files, denial of service, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. "Named User(s)" is Customer's employee, agent, consultant, or contractor to whom Customer has assigned a unique secure named user login credential (identity) enabling access to a Product that requires such identity to access identity-managed capabilities within a Product for Customer's exclusive benefit. For educational use, Named Users may include registered students. "Named User Credential(s)" means an individual person's login and associated password enabling that person to access and use Products. "Named User License" means the right for a single Named User to use a specific Esri Offering. 8.a Packet Pg. 35 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 9 of 16 March 30, 2018 "Online Services" means any commercially available, Internet-based geospatial system that Esri provides, including applications and associated APIs for storing, managing, publishing, and using maps, data, and other information. Online Services exclude Data and Content. "Ordering Document(s)" means a sales quotation, Maintenance renewal quote, purchase order, proposal, or other document identifying the Esri Offerings, updates, or Services that Customer orders. "Perpetual License" means a license to use a version of the Esri Offering for which applicable license fees have been paid, indefinitely, unless terminated by Esri or Customer as authorized under this Agreement. "Personal Use" means personal, noncommercial use by an individual Customer. Personal Use excludes use for the benefit of any third party, including commercial, educational, governmental, or nonprofit entities. "Product(s)" means Software, Data, and Online Services. "Sample(s)" means sample code, sample applications, add-ons, or sample extensions of Products. "Service(s)" means Maintenance. "Software" means any proprietary commercial off-the-shelf software, excluding Data, accessed or downloaded from an Esri-authorized website or that Esri delivers on any media in any format including backups, updates, service packs, patches, hot fixes, or permitted merged copies. "Specification(s)" means the Documentation for Software and Online Services. "Term License" means a license for use of an Esri Offering for a limited time period ("Term"). "Third-Party Content" means any Content that Customer may obtain from a third-party website or that persons other than Esri employees, suppliers, or contractors may directly contribute to Esri's website. "Value-Added Application(s)" means an application developed by Customer for use in conjunction with the authorized use of any Software, Data, or Online Services. 8.a Packet Pg. 36 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 10 of 16 March 30, 2018 ATTACHMENT B GENERAL TERMS AND CONDITIONS The following general terms and conditions apply to all Esri Offerings and Services that Esri may offer to its customers. Certain Esri Offerings or Services may not be available under this Agreement. Please disregard any terms that are not applicable to Esri Offerings or Services offered under this Agreement. ARTICLE 1—GENERAL USE RESTRICTIONS Except as expressly permitted in this Agreement, Customer will not a. Sell, rent, lease, sublicense, distribute, lend, time-share, or assign Esri Offerings; b. Distribute or provide direct access to Esri Offerings to third parties, in whole or in part, including, but not limited to, extensions, components, or DLLs; c. Distribute Authorization Codes to third parties; d. Reverse engineer, decompile, or disassemble any Product delivered in compiled form; e. Make any attempt to circumvent the technological measure(s) that controls access to or use of Esri Offerings; f. Store, cache, use, upload, distribute, or sublicense Content or otherwise use Esri Offerings in violation of Esri's or a third-party's rights, including intellectual property rights, privacy rights, nondiscrimination laws, export laws, or any other applicable law or regulation; g. Remove or obscure any Esri or its licensors' patent, copyright, trademark, proprietary rights notices, or legends contained in or affixed to any Esri Offerings, output, metadata file, or online or hard-copy attribution page of any Data or Documentation; h. Unbundle or independently use individual or component parts of Esri Offerings; i. Incorporate any portion of Esri Offerings into a product or service for third-party use that competes with the Esri Offerings; j. Publish or in any other way communicate the results of benchmark tests run on Beta Products without the prior written permission of Esri and its licensors; or k. Use, incorporate, modify, distribute, provide access to, or combine any Esri Offerings in a manner that would subject any part of the Esri Offerings to open-source or open-database license terms that require any part of the Esri Offerings to be: 1. Disclosed in source code form to third parties; 2. Licensed to third parties for the purpose of making derivative works; or 3. Redistributable to third parties at no charge. These restrictions will not apply to the extent that they conflict with applicable law or regulation. ARTICLE 2—TERM AND TERMINATION 2.1 Customer may terminate this Agreement or any Esri Offerings license or subscription at any time upon written notice to Esri. Termination without cause does not entitle Customer to receive any refund of fees paid. Any right to terminate pending Services engagements for convenience is set forth in the applicable section in the body of this Agreement. Either party may terminate this Agreement or any license or subscription for a material breach that is not cured within 30 days of written notice to the breaching party. Upon any termination of this Agreement for breach, Esri will stop providing Services. Any licenses in Esri Offerings that survive termination of this Agreement continue under the terms of this Agreement. 2.2 If Esri terminates this Agreement following Customer's breach, then Esri may also, at its election, terminate Customer's licenses or subscriptions in Esri Offerings. If Customer terminates this Agreement for cause or convenience, then Customer may, at its election, also terminate Customer's licenses or subscriptions to Esri Offerings. 2.3 Upon any termination of a license or subscription, Customer will a. Stop accessing and using the terminated Esri Offerings; b. Clear any client-side data cache derived from the terminated Cloud Services; and 8.a Packet Pg. 37 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 11 of 16 March 30, 2018 c. Stop using and uninstall, remove, and destroy all copies of affected Esri Offerings in Customer's possession or control, including any modified or merged portions thereof, in any form, and execute and deliver evidence of such actions to Esri or its authorized distributor. ARTICLE 3—LIMITED WARRANTIES AND DISCLAIMERS 3.1 Limited Warranties. Except as disclaimed below, Esri warrants to Customer that (i) Products will substantially comply with the applicable Specifications and (ii) Services will substantially conform to the professional and technical standards of the industry. The warranty period for Esri Offerings and Services offered under a Perpetual License runs for 90 days from the date of delivery or from the date of acceptance if this Agreement provides an acceptance period. The warranty period for Esri Offerings and Services offered under a subscription or Term License basis runs for the lesser of (i) the duration of the subscription or term or (ii) 90 days from delivery or acceptance if this Agreement provides an acceptance period. 3.2 Special Disclaimer. Third-Party Content; Data; Samples; hot fixes; patches; updates; Online Services provided at no charge; and trial, evaluation and Beta Products are delivered "as is" and without warranty of any kind. 3.3 General Disclaimer. Except for the express limited warranties set forth in this Agreement, Esri disclaims all other warranties or conditions of any kind, whether express or implied, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, and noninfringement of intellectual property rights. Esri is not responsible for any nonconformities caused by Customer's modification of any Esri Offering other than as specified in the Documentation. Esri does not warrant that Esri Offerings, or Customer's operation of the same, will be uninterrupted, error free, fault tolerant, or fail-safe or that all nonconformities can or will be corrected. Esri Offerings are not designed, manufactured, or intended for use in environments or applications that may lead to death, personal injury, or physical property or environmental damage. Customer should not follow any navigational route suggestions that appear to be hazardous, unsafe, or illegal. Any such uses will be at Customer's own risk and cost. 3.4 Disclaimers a. Internet Disclaimer. Neither party will be liable for damages under any theory of law related to the performance or discontinuance of operation of the Internet or to regulation of the Internet that might restrict or prohibit the operation of Cloud Services. b. Third-Party Websites; Third-Party Content. Esri is not responsible for any third-party website or Third- Party Content that appears in or is referenced by Esri Offerings or Esri websites, including www.esri.com and www.arcgis.com. Providing links to third-party websites and resources does not imply an endorsement, affiliation, or sponsorship of any kind. 3.5 Exclusive Remedy. Customer's exclusive remedy and Esri's entire liability for breach of the limited warranties in this section will be to replace any defective media and to (i) repair, correct, or provide a workaround for the applicable Esri Offering or Services or (ii) at Esri's election, terminate Customer's right to use and refund the fees paid for Esri Offerings or Services that do not meet Esri's limited warranties. ARTICLE 4—LIMITATION OF LIABILITY 4.1 Disclaimer of Liability. Neither Customer, Esri, nor any Esri distributor or licensor will be liable for any indirect, special, incidental, or consequential damages; lost profits; lost sales; loss of goodwill; costs of procurement of substitute goods or services; or damages exceeding two times (i) the fee set forth in Esri quote 20532298 for Esri Offerings provided under that quote, or (ii) the applicable license or current subscription fees paid or owed to Esri for the Esri Offerings, not provided under Esri quote 20532298, giving rise to the cause of action. 4.2 The limitations and exclusions of liability in the preceding paragraph do not apply to Customer's infringement, misuse, or misappropriation of Esri's or Esri's licensors' intellectual property rights, either party's indemnification 8.a Packet Pg. 38 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 12 of 16 March 30, 2018 obligations, gross negligence, willful misconduct, or violations of the Export Compliance clause of this Agreement or any applicable law or regulation. 4.3 Applicability of Disclaimers and Limitations. Esri or its authorized distributor has set its fees and entered into this Agreement in reliance on the disclaimers and limitations in this Agreement; the fees reflect an allocation of risk that is an essential basis of the bargain between the parties. These limitations will apply whether or not a party is aware of the possibility of any damage and notwithstanding any failure of essential purpose of any exclusive, limited remedy. 4.4 The foregoing disclaimers, limitations, and exclusions may be invalid in some jurisdictions and apply only to the extent permitted by applicable law or regulation in Customer's jurisdiction. Customer may have additional rights that may not be waived or disclaimed. Esri does not seek to limit Customer's warranty or remedies to any extent not permitted by law. ARTICLE 5—INDEMNIFICATIONS 5.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. "Claim" means any claim, action, or demand by a third party. b. "Indemnitees" means Customer and its directors, officers, and employees. c. "Infringement Claim(s)" means any Claim alleging that Customer's use of or access to Esri Offerings or Services infringe a patent, copyright, trademark, or trade secret. d. "Loss(es)" means out-of-pocket loss, damage award, settlement amount, cost, or expense, including awarded attorneys' fees. 5.2 Infringement Indemnity a. Esri will defend and hold all Indemnitees harmless from any Infringement Claim and indemnify any Loss arising out of an Infringement Claim as set forth in the following paragraphs. b. If Esri determines that an Infringement Claim is valid, Esri may, at its expense, either (i) obtain rights for Customer to continue using the Esri Offerings or Services or (ii) modify the Esri Offerings or Services while maintaining substantially similar functionality. If neither alternative is commercially reasonable, Esri may terminate Customer's right to use the Esri Offerings or Services and will refund any (a) license fees that Customer paid for the infringing Esri Offerings or Services acquired under a Perpetual License, prorated on a 5-year, straight-line depreciation basis beginning from the initial date of delivery or (b) unused portion of fees paid for Term Licenses, Subscriptions, and Maintenance. c. Esri has no obligation to defend an Infringement Claim or to indemnify Customer to the extent the Infringement Claim arises out of (i) the combination or integration of Esri Offerings or Services with a product, process, system, or element that Esri has not supplied or specified in the Specification; (ii) alteration of Esri Offerings or Services by anyone other than Esri or its subcontractors; (iii) compliance with Customer's specifications; or (iv) use of Esri Offerings or Services after Esri either provides a modified version to avoid infringement or terminates Customer's right to use the Esri Offerings or Services. 5.3 General Indemnity. Esri will defend and hold all Indemnitees harmless from, and indemnify any Loss arising out of, any Claim for bodily injury, death, or tangible or real property damage brought against any of the indemnified parties to the extent arising from any negligent act or omission or willful misconduct by Esri or its directors, officers, employees, or agents performing Services while on Customer's site. 5.4 Conditions for Indemnification. As conditions for indemnification, Indemnitee will (i) promptly notify Esri in writing of the Claim, (ii) provide all available documents describing the Claim, (iii) give Esri sole control of the defense of any action and negotiation related to the defense or settlement of any Infringement Claim, and (iv) reasonably cooperate in the defense of the Infringement Claim at Esri's request and expense. 5.5 This section sets forth the entire obligation of Esri, its authorized distributor, and its licensors regarding any Claim for which Esri must indemnify Customer. 8.a Packet Pg. 39 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 13 of 16 March 30, 2018 ARTICLE 6—INSURANCE If Esri is providing Services, Esri will carry, at a minimum, the following coverage: a. Comprehensive general liability or commercial general liability with a minimum coverage of $1,000,000.00 combined single limit per occurrence, $2,000,000 in the aggregate, for bodily injury, including death, and property damage liability to include the following: 1. Premises and operations; 2. Blanket contractual liability; 3. Broad form property damage; 4. Independent contractors; 5. Personal injury, with employee exclusion deleted; and 6. Completed operations. b. Workers' compensation insurance, with waiver of subrogation, in an amount that complies with statutory limits. ARTICLE 7—SECURITY AND COMPLIANCE 7.1 Security. Esri publishes its security capabilities at http://trust.arcgis.com. Customer may give Esri personnel access to Customer systems or to Customer or third-party personal information, controlled information, or sensitive data if access is essential for Esri's performance of Services and if Esri expressly agrees to such access. Esri will use reasonable administrative, technical, and physical safeguards to protect such data and guard against unauthorized access. Customer bears responsibility to (i) confirm that Esri's published security and privacy controls meet all applicable legal requirements for protection of Customer Content and (ii) upload or share Customer Content through Cloud Services only when it is legal to do so. Esri is not responsible to review Customer Content to ensure compliance with applicable laws and regulations. Customer must contact Esri at securesupport@esri.com for further instruction before providing any Customer Content that requires security measures other than Esri's published security capabilities. 7.2 Malicious Code. Esri will use commercially reasonable efforts to ensure that Esri Offerings will not transmit any Malicious Code to Customer. Esri is not responsible for Malicious Code that Customer introduces to Esri Offerings or that is introduced through Third-Party Content. 7.3 Export Compliance. Each party will comply with all applicable export laws and regulations, including the US Department of Commerce's Export Administration Regulations (EAR), the US Department of State's International Traffic in Arms Regulations (ITAR), and other applicable export laws. Customer will not export, reexport, transfer, release, or otherwise dispose of, in whole or in part, or permit access to or transfer or use of Services or Esri Offerings to any United States embargoed countries or denied entities or persons except in accordance with all then-current applicable US government export laws and regulations. Customer will not export, reexport, transfer, or use Services or Esri Offerings for certain missile, nuclear, chemical, or biological activities or end uses without proper authorization from the US government. Customer shall immediately notify Esri in writing if any US government entity or agency denies, suspends, or revokes Customer's export privileges. Customer will not upload, store, or process in Cloud Services any Customer Content that (i) has an Export Control Classification Number (ECCN) other than EAR99 or (ii) is controlled for export from the United States under ITAR. Customer will notify Esri in advance if Esri's performance of any Services or provision of any Esri Offerings is related to any defense article, defense service, or technical data, as defined under the ITAR Sections 120.6, 120.9, and 120.10, respectively; Esri will not perform any such Services or provide any such Esri Offerings until Esri obtains any necessary export license from the US government. Customer will reasonably assist Esri in applying for and obtaining an export license if needed. 8.a Packet Pg. 40 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 14 of 16 March 30, 2018 ARTICLE 8—CLOUD SERVICES 8.1 Prohibited Uses. Customer shall not provide Customer Content or otherwise access or use Cloud Services in a manner that a. Spams, spoofs, or phishes email; transmits junk email or offensive or defamatory material; or stalks or makes threats of physical harm; b. Stores or transmits any Malicious Code; c. Violates any law or regulation; d. Infringes or misappropriates the rights of any third party; e. Probes, scans, or tests the vulnerability of Cloud Services or breach any security or authentication measures used by Cloud Services without written approval from Esri's product security officer; or f. Benchmarks the availability, performance, or functionality of Cloud Services for competitive purposes. 8.2 Service Interruption. System failures or other events beyond Esri's reasonable control may interrupt Customer's access to Cloud Services. Esri may not be able to provide advance notice of such interruptions. 8.3 Customer Content a. Customer grants Esri and its subcontractors a nonexclusive, nontransferable, worldwide right to host, run, modify and reproduce Customer Content as needed to provide Cloud Services to Customer. Esri will not access, use, or disclose Customer Content without Customer's written permission except as reasonably necessary to support Customer's use of Cloud Services. Except for the limited rights granted to Esri under this Agreement, Customer retains all its rights, title, and interest in the Customer Content. b. If Customer accesses Cloud Services with an application provided by a third party, Esri may disclose Customer Content to such third party as necessary to enable interoperation between the application, Cloud Services, and Customer Content. c. Esri may disclose Customer Content if required to do so by law or regulation or by order of a court or other government body, in which case Esri will reasonably attempt to limit the scope of disclosure. d. When Customer's use of Cloud Services ends, Esri will either: (i) Make Customer Content available to Customer for download for a period of 30 days unless Customer requests a shorter window of availability or Esri is legally prohibited from doing so; or (ii) Download all Customer Content in Esri's possession to a medium of Customer's choosing and deliver such Customer Content to Customer. Esri will have no further obligations to store or return Customer Content at the conclusion of the Cloud Services. 8.4 Removal of Customer Content. Esri may remove or delete Customer Content if there is reason to believe that uploading Customer Content to or using it with Cloud Services materially violates this Agreement. If reasonable under these circumstances, Esri will notify Customer before removing Customer Content. Esri will respond to any Digital Millennium Copyright Act takedown notices in accordance with Esri's copyright policy, available at www.esri.com/legal/dmca_policy. 8.5 Service Suspension. Esri may suspend access to Cloud Services (i) if Customer materially breaches this Agreement and fails to timely cure the breach; (ii) if Esri reasonably believes that Customer's use of Cloud Services will subject Esri to immediate liability or adversely affect the integrity, functionality, or usability of the Cloud Services; (iii) for scheduled maintenance; (iv) to enjoin a threat or attack on Cloud Services; or (v) if Cloud Services become prohibited by law or regulated to a degree that continuing to provide them would impose a commercial hardship. When feasible, Esri will notify Customer of any Cloud Services suspension beforehand and give Customer reasonable opportunity to take remedial action. Esri is not responsible for any damages, liabilities, or losses that may result from any interruption or suspension of Cloud Services or removal of Customer's content as described above. 8.6 Notice to Esri. Customer will promptly notify Esri if Customer becomes aware of any unauthorized use of Customer's subscription or any other breach of security regarding Cloud Services. 8.a Packet Pg. 41 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 15 of 16 March 30, 2018 ARTICLE 9—GENERAL PROVISIONS 9.1 Payment. Customer will pay each correct invoice no later than 30 days after receipt and will remit payment to the address stated on the invoice. 9.2 Feedback. Esri may freely use any feedback, suggestions, or requests for Product improvement that Customer provides to Esri. 9.3 Patents. Customer may not seek, and may not permit any other user to seek, a patent or similar right worldwide that is based on or incorporates any Products. This express prohibition on patenting will not apply to Customer's software and technology except to the extent that Products, or any portion thereof, are part of any claim or preferred embodiment in a patent application or a similar application. 9.4 Reserved. 9.5 Taxes and Fees; Shipping Charges. Fees that Esri quotes to Customer are exclusive of any and all applicable taxes or fees including, but not limited to, sales tax, use tax, or value-added tax (VAT); customs, duties, or tariffs; and shipping and handling charges. Esri will add any such taxes that it is required to remit to the total amount of its invoice to the Customer. 9.6 Reserved. 9.7 No Implied Waivers. The failure of either party to enforce any provision of this Agreement is not a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 9.8 Severability. If any provision of this Agreement is held to be unenforceable for any reason, (i) such provision will be reformed only to the extent necessary to make the intent of the language enforceable, and (ii) all other provisions of this Agreement will remain in effect. 9.9 Successor and Assigns. Customer will not assign, sublicense, or transfer Customer's rights or delegate Customer's obligations under this Agreement without Esri's and its authorized distributor's prior written consent, and any attempt to do so without consent will be void. This Agreement will be binding on the respective successors and assigns of the parties to this Agreement. Notwithstanding, a contractor under contract to the government to deliver Products may assign this Agreement and Products acquired for delivery to its government customer upon written notice to Esri, provided the government customer assents to the terms of this Agreement. Upon mutual agreement, Esri's Affiliates may provide Services under the terms of this Agreement; in such cases, the Ordering Documents will identify the Affiliate as the party that provides the Services. Esri's distributors are not Affiliates of Esri. 9.10 Survival of Terms. The Glossary of Terms and provisions of the following Articles of these General Terms and Conditions will survive the expiration or termination of this Agreement: "Limited Warranties and Disclaimers," "Limitation of Liability," "Indemnifications," and "General Provisions." 9.11 Reserved. 9.12 Governing Law. This Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods.The applicable laws of Customer's jurisdiction govern this Agreement. 9.13 Reserved. 9.14 Force Majeure. A party will not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond the party's reasonable control. Such causes may include, but are not limited to, acts of God, war, strikes, labor disputes, cyber attacks, laws, regulations, government orders, or any other force majeure event. 9.15 Independent Contractor. Esri is and at all times will be an independent contractor. Nothing in this Agreement creates an employer/employee, principal/agent, or joint venture relationship between Esri or its authorized distributor and Customer. No party has any authority to enter into contracts on behalf of another party or otherwise act on behalf of another party. 8.a Packet Pg. 42 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) E204CW Page 16 of 16 March 30, 2018 9.16 Notice. Customer may send notices required under this Agreement to Esri at the following address: Environmental Systems Research Institute, Inc. Attn: Contracts and Legal Department 380 New York Street Redlands, CA 92373-8100 USA Tel.: 909-793-2853 Email: LegalNotices@esri.com 8.a Packet Pg. 43 At t a c h m e n t : E S R I M a s t e r A g r e e m e n t N o . 3 3 5 6 2 3 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # 335621 Page 1 of 5 January 26, 2018 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-4) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Optional Servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer* Two (2) Esri CityEngine Advanced Single Use Licenses 500 Level 1 ArcGIS Online Named Users 500 Level 2 ArcGIS Online Named Users 62,500 ArcGIS Online Service Credits 500 Level 2 ArcGIS Enterprise Named Users 7 Insights for ArcGIS for use with ArcGIS Enterprise OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested** 2 Self-Paced e-Learning Uncapped Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package) *Maintenance is not provided for these items **Additional sets of backup media may be purchased for a fee 8.b Packet Pg. 44 At t a c h m e n t : E S R I S m a l l E n t e r p r i s e A g r e e m e n t - C o u n t y a n d M u n i c i p a l i t y G o v e r n m e n t N o . 3 3 5 6 2 1 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t Page 2 of 5 January 26, 2018 Customer may accept this Agreement by signing and returning the whole Agreement with a signed sales quotation, purchase order, or other document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of Customer's Ordering Document incorporating this Agreement by reference, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): 8.b Packet Pg. 45 At t a c h m e n t : E S R I S m a l l E n t e r p r i s e A g r e e m e n t - C o u n t y a n d M u n i c i p a l i t y G o v e r n m e n t N o . 3 3 5 6 2 1 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t Page 3 of 5 January 26, 2018 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at http://www.esri.com /legal/software-license and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- owned entities, either party may terminate this Agreement before any subsequent year if 8.b Packet Pg. 46 At t a c h m e n t : E S R I S m a l l E n t e r p r i s e A g r e e m e n t - C o u n t y a n d M u n i c i p a l i t y G o v e r n m e n t N o . 3 3 5 6 2 1 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t Page 4 of 6 January 26, 2018 Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at http://support.esri.com/en /content/productlifecycles. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at http://www.esri.com/legal). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 8.b Packet Pg. 47 At t a c h m e n t : E S R I S m a l l E n t e r p r i s e A g r e e m e n t - C o u n t y a n d M u n i c i p a l i t y G o v e r n m e n t N o . 3 3 5 6 2 1 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t Page 5 of 6 January 26, 2018 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri's federal ID number is 95-2775-732. c. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due 8.b Packet Pg. 48 At t a c h m e n t : E S R I S m a l l E n t e r p r i s e A g r e e m e n t - C o u n t y a n d M u n i c i p a l i t y G o v e r n m e n t N o . 3 3 5 6 2 1 ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t Page 1 of 3    Esri Enterprise Licensing Agreement 2018  From the early nineties to the beginning of 2017 the GIS Group’s GIS software licensing was managed  out of the IT Department until the GIS Supervisor assumed responsibilites.  The licenses were a  complicated use of many single seats (one license per computer) and this strategy was difficult to  manage.  The City had more than 38 Esri GIS licenses to keep track of which included updating or  deactivating licenses once a computer was decommissioned/replaced or city staff separated.  The  impetus for the EA with Esri was the cost of the city managing all these licenses at approximately  $57,000.00 in 2018 and this total was growing yearly.  As GIS technology grows at the City with the use  of mobile Collector apps, online web applications, the new asset management software City Works, plus  new IT systems coming on board that use GIS as their foundation the licensing needs were growing  proportionally.  An EA will allow the GIS department to organize and give access to ArcGIS software to  our corporate users along with timely and expert assistance from Esri.  Managing the licenses  individually as in the past is inefficient and results in costs totaling more than entering into an EA. The  EA licensing will unite into a single organization‐wide agreement which will lower the costs over time.   The EA is a three‐ tiered license strategy which is outlined below:           Year 1               Year 2                    Year 3               Total Over 3 Years               Proposed EA Fee  $80,000  $90,000  $100,000  $270,000       EA Value                  $90,050  $60,050               $60,050              $210,150    *Projected value if you just added two additional ArcGIS Enterprise Licenses                      Proposed EA Fee  $80,000  $90,000  $100,000  $270,000       EA Value                  $130,050              $120,050            $145,050          $395,150    **Projected value w/ ArcGIS Enterprise License, 8 Core Staging Environment and 100 Level 2  Users in Year 2 and 150 Level Users in Year 3          8.c Packet Pg. 49 At t a c h m e n t : D e t a i l e d S t a f f S u m m a r y , A n a l y s i s a n d S t r a t e g y S u p p o r t i n g E A ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) Page 2 of 3    The numbers on the three tier proposal takes our current maintenance expenditures, added the cost of  two additional ArcGIS Enterprise Licenses and then calculated what our maintenance would be in  following years. This was then compared with the three tiered small Government Enterprise Agreement  with fees of Year 1 at $80,000, Year Two at $90,000 and Year 3 at $100,000. (The standard yearly fee for  a government our size is $100,000 annually). You can see from the spreadsheet that the EA fee over 3  years is approx. $60,000 more than what you would pay with purchased the software ad hoc and then  going with maintenance. In this scenario it would be less expensive to go with software and  maintenance.  In scenario two, it is projected that our expenditures over three years with the 2 ArcGIS Enterprise  Licenses, an 8 Core Staging Environment (based on mirroring our current licensing) and adding 100 Level  2 ArcGIS Online users starting in Year 2 and 150 in Year 3. (We probably wouldn’t need the Year 1 as we  will be implementing Cityworks but this need would ramp up Year 2 and 3.) You can see in this scenario,  the EA adds a lot of value as our 3 Year EA fees would be $270,000 and purchasing the software and  maintenance yearly would be $395,150. The value of the EA really starts to kick in with additional Server  Environments, Staging Environments and Named Users. In addition, any upgrades we would make for  additional desktop upgrades would add additional value to an EA.  Benefits of the EA include:   Unlimited quantities of Esri software and products and upgrades   Access to Esri’s Cloud Services, which reduces costs for in‐house data servers and storage   Unlimited access to Esri technical support   Discounted online instructor‐led Esri Training   Free online Esri training                      8.c Packet Pg. 50 At t a c h m e n t : D e t a i l e d S t a f f S u m m a r y , A n a l y s i s a n d S t r a t e g y S u p p o r t i n g E A ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) Page 3 of 3    List of Products Available in an EA  Uncapped Quantities Desktop Software and Extensions (Single Use)  ArcGIS Desktop Advanced  ArcGIS Desktop Standard  ArcGIS Desktop Basic  ArcGIS Desktop Extensions: ArcGIS 3D Analyst,  ArcGIS Spatial Analyst, ArcGIS Geostatistical  Analyst, ArcGIS Publisher, ArcGIS Network Analyst,  ArcGIS Schematics, ArcGIS Workflow Manager,  ArcGIS Data Reviewer  Enterprise Software and Extensions  ArcGIS Enterprise and Workgroup  (Advanced and Standard)  ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,  ArcGIS Spatial Analyst, ArcGIS Geostatistical  Analyst, ArcGIS Network Analyst, ArcGIS  Schematics, ArcGIS Workflow Manager  Enterprise Optional Servers  ArcGIS Image Server  Other Benefits: Developer Tools ArcGIS Engine  ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS  Spatial Analyst, ArcGIS Engine Geodatabase Update,  ArcGIS Network Analyst, ArcGIS Schematics  ArcGIS Runtime (Standard)  ArcGIS Runtime Analysis Extension     Limited Quantities  One (1) Professional subscription to ArcGIS  Developer*  Two (2) Esri CityEngine Advanced Single Use Licenses 500 Level 1 ArcGIS Online Named Users  500 Level 2 ArcGIS Online Named Users  62,500 ArcGIS Online Service Credits  500 Level 2 ArcGIS Enterprise Named Users  7 Insights for ArcGIS for use with ArcGIS Enterprise *Maintenance is not provided for these items **Additional sets of backup media may be purchased for a fee  Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested** 2 Self‐Paced e‐Learning Uncapped Five percent (5%) discount on all individual commercially available instructor‐led training classes at Esri  facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package) 8.c Packet Pg. 51 At t a c h m e n t : D e t a i l e d S t a f f S u m m a r y , A n a l y s i s a n d S t r a t e g y S u p p o r t i n g E A ( 1 4 4 9 : G I S E n t e r p r i s e L i c e n s i n g A g r e e m e n t w i t h E S R I ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: November 5, 2018 TO: Public Works Committee SUBJECT: Cross Connection Code Update MOTION: Recommend Council adopt an ordinance that repeals and replaces Chapter 7.02 of the Kent City Code, entitled “Water”, to re-order the chapter and amend provisions to protect the public drinking water supply, subject to final ordinance provisions approved by the City Attorney and Public Works Director. SUMMARY: The City of Kent implements a Cross-Connection Control Program that prevents the contamination of public drinking water by eliminating connections between the public water system and any source that could contaminate the public water supply. The current Kent Water code section (Chapter 7.02 KCC) is in need of an update to keep pace with state law, current practices and nomenclature, and to provide for a well-defined and consistent enforcement mechanism. Staff seeks Committee recommendation that Council adopt an ordinance that repeals and replaces the current Water code chapter. Background: Kent’s Cross-Connection Control ordinance is required by the Washington Department of Health and is important for the safe and effective operation of the public water system. State law requires the City’s ordinance to establish the City’s legal authority and describe the operating policies and the corrective actions employed to ensure compliance with the City’s Cross-Connection Control program. Accordingly, the code provisions define when backflow prevention assemblies are required, what type of assemblies are required, permitting fees, and mechanisms for enforcement of the code. It is important to eliminate cross-connections as they constitute a serious public health hazard, and thus State drinking water rules require purveyors of potable water to develop and implement programs to control or eliminate cross-connections. Currently, the code provisions pertaining to cross-connection control are located within other code sections related to water service generally. The proposed ordinance not only updates the code provisions as described above, but also moves them to a separate part (“Part Two”) of the chapter. All of the sections related to water service generally remain the same, except that they are separate from the cross-connection provisions and fall under Part One of the chapter. 9 Packet Pg. 52 The proposed ordinance includes additional enforcement provisions that allow for more flexibility to tailor penalties to the particular circumstances of a violation. These new enforcement provisions would also allow the City to recover costs incurred in responding to violations, make it a violation not to reimburse the City for these costs, and create criminal penalties for negligent or knowing violations of the City’s Water code. Staff’s preferred approach in administering the cross- connection provisions of the Water code is to educate businesses and work cooperatively with them to achieve compliance. However, a sound code enforcement strategy is important in the event those cooperative efforts fail. Summary of Code Changes: • Chapter 7.02 has been reorganized into two parts, Part One “Water Utility and Water Service Generally” and Part Two “Cross-Connection Restrictions.” No substantive changes were made to the sections within Part One. They have simply been re-structured. • The definition section has been expanded to incorporate definitions within the Washington Administrative Code and to specifically define other terms used within Chapter 7.02. • New code provisions require approved backflow preventers to be installed based upon the assessed degree of hazard and set forth when premises isolation is or may be required. • New code provisions specify when approved backflow preventers must be inspected and tested. • The enforcement provision has been updated to expand the options available for enforcement to include monetary penalties, water shut off, recovery of costs, issuance of civil infractions, civil code enforcement and criminal charges. The amended Cross Connection Control Code was approved by the Washington State Department of Commerce in September. The requirements of the Growth Management Act in RCW 36.70A.106 have been met. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure ATTACHMENTS: 1. 9 - EXHIBIT - ORD FINAL (2)- law approved (PDF) 9 Packet Pg. 53 1 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing and readopting Chapter 7.02 of the Kent City Code entitled “Water,” to reorganize the chapter and update the Cross-Connection Control sections to develop and implement procedures to ensure the elimination or control of cross-connections between a water consumer’s system and the City’s public water system and to create additional enforcement provisions allowing for more flexibility. RECITALS A. The city of Kent (“City”) has codified its regulations concerning water service by its water utility within Chapter 7.02 of the Kent City Code. This chapter also contains provisions for the elimination and control of cross-connections between a water consumer’s system and the City’s public water system. B. Washington Administrative Code 246-290-490 requires the City Council of the City of Kent to ensure the elimination or control of all cross-connections between a water consumer’s system and the City’s public water system. C. The City is required to adopt an ordinance and develop and implement procedures to ensure approved backflow preventers commensurate with the degree of hazard are installed to prevent backflow into the City’s public water system. Accordingly, this ordinance sets forth 9.a Packet Pg. 54 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 2 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter what service connections require premises isolation and the requirements for commercial fire lines. D. A city’s ordinance must include corrective actions used to ensure water consumers comply with cross-connection control requirements. Currently, the only enforcement options available for a violation of cross-connection control requirements are criminal or civil code enforcement proceedings. This ordinance makes additional remedies available to the city of Kent, including imposing monetary penalties, water shutoff and the issuance of a civil infraction for violations of the cross- connection control requirements. E. In addition, this ordinance reorganizes and restructures the chapter into two separate parts in order to clearly distinguish between the sections concerning water service—metering, rates, installation—and the sections concerning the elimination and control of cross-connections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Repealer – Chapter 7.02 KCC. Chapter 7.02 of the Kent City Code, entitled “Water,” is repealed in its entirety. SECTION 2. – Adoption – Chapter 7.02 KCC. Title 7 of the Kent City Code, entitled “Utilities,” is amended to adopt a new Chapter 7.02, entitled “Water,” as follows: 9.a Packet Pg. 55 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 3 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter PART ONE Water Utility and Water Service Generally Sec. 7.02.010. Water to be metered. All water of the water utility of the city shall be sold by use of a water meter that measures the amount of water used by a consumer. Sec. 7.02.020. Rates for water connection. The city council shall fix rates to be paid by a consumer for water procured from the water utility of the city, and for the amount of cost to be charged to and paid by the applicant for a water connection to a water main including the water meters. Water connection shall be of various sizes as specified in this chapter. All water connections and water meters shall be installed by the water utility of the city or by a contractor approved by the director of public works. All connections shall be made under the supervision of the director of public works or his authorized representative and shall meet or exceed the standards and specifications approved by the director of public works. Sec. 7.02.030. Using water in excess of meter capacity. The water utility will not install a water meter on a service which demands water in excess of the rated capacity of the meter. The water utility of the city shall have the right to discontinue water service to any consumer when the demand of the service exceeds the following meter capacities: Meter size (inches) Gallons per minute 5/8 x 3/4 20 3/4 30 1 50 1 1/2 100 9.a Packet Pg. 56 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 4 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Meter size (inches) Gallons per minute 2 160 3 300 4 500 Sec. 7.02.040. Maintenance of water system. All tanks, reservoirs, water meters, water mains, pipes, couplings, shutoff valves, stop cocks, and every other kind of equipment or material in use or in place as a part of the water system of the city and located in any street, alley, city park, city property, or in any easement or franchise belonging to the city, or located upon private property from a water main of the water system to and including the water meter, are the property of the city and are subject to the exclusive control and regulations of the city. All pipes and connections from the water meter to the premises or building served by the city water are the property and the sole responsibility of the owner or lessee of the premises or building. Sec. 7.02.050. Separate meters required – Exceptions. Except as provided in this chapter, each separate building occupied as a dwelling or as a place of business must have a separate water service and water meter. Where the applicant desires to have two (2) or more service pipes on the same premises, he shall state in his application for a water connection, and separate service pipes shall be run with individual stop cocks to each water meter. Each mobile home park and each condominium may be served by one (1) water meter. The city council may enter into agreements with commercial and industrial users to allow more than one (1) building to be served by a single meter. 9.a Packet Pg. 57 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 5 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Sec. 7.02.060. Existing service to more than one (1) building. At the time of the adoption of this chapter where more than one (1) building is served through one (1) meter, the consumption of water for each billing period shall be divided by the number of buildings served and the charge will then be calculated as if each building were a separate account. Sec. 7.02.070. Connection with other water supply. A. No service connection shall be allowed from the city mains to any premises supplied by water from any other source, unless special permission is given by the director of public works, which special permission may be terminated at any time if in the judgment of the director of public works the public interest requires it. B. No cross-connection shall be made or maintained between any city service connection and pipe supplying water from any other source unless the water supplied from the other source, by tests by the State Board of Health, is shown to conform with the United States bacteriological standard for drinking water. Such tests must be made by a professional tester and submitted to the city at least once each month. Sec. 7.02.080. Connections outside of city limits. A. Whenever any person outside the limits of the city, not already furnished with water by the city, shall desire the system to be extended, such person shall apply to the city council to have such water service extended. Such application shall designate the premises to be supplied and the number of services desired. If a permit is granted by the city council, the applicants shall, at their own expense, install all necessary mains or pipes in accordance with the requirements of the city engineer and the comprehensive water plan of the city which is on file in the office of the 9.a Packet Pg. 58 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 6 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter director of public works. All regulations concerning the size of service and meter shall apply. B. Whenever any water district desires to purchase water from the city, it shall make application to the city council and if accepted, install all mains and services in accordance with the rules and regulations of the city. An individual contract will be negotiated for the purchase of water. Whenever any portion of a water district is annexed to the city, the ownership of the mains, meters, and services shall become the property of the city in accordance with RCW 35.13A.020. Sec. 7.02.090. Installation and connection charges inside city limits, permits, and inspection fees. A. Tap charge – Connection by water utility. Any property owner within the city limits applying for water service shall pay in full a tap charge and a permit review and inspection fee, plus a system development charge prior to issuance of the water service permit. The tap charge will include the cost of connection and laying the pipe from the city water main to the property line of the property to which service is desired, or at a distance of sixty (60) feet from the main toward such property line, whichever is shorter. The minimum tap charge so established for service installed by the water utility is as follows: 1. Two hundred seventy-five dollars ($275) for each five-eighth (5/8) inch by three-quarter (3/4) inch connection. 2. Three hundred twenty-five dollars ($325) for each three- quarter (3/4) inch connection. 3. Three hundred fifty dollars ($350) for each one (1) inch connection. 4. Six hundred dollars ($600) for each one and one-half (1-1/2) inch connection. 5. Eight hundred dollars ($800) for each two (2) inch connection. 9.a Packet Pg. 59 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 7 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter On any connection over two (2) inches, the minimum tap charge shall be the actual cost of the meter and installation, plus twenty-five (25) percent. B. Tap charge – Connection by licensed contractor. If the workload of the water utility as determined by the director of public works is such that the installation of the water connection would interfere with the proper operation and maintenance of the water system, the director of public works may require that the property owner employ a licensed contractor to make the connection and install the necessary line and materials except the water meter. All such water services shall meet or exceed the standards and specifications approved by the director of public works. The minimum tap charge is as follows: 1. One hundred dollars ($100) for each five-eighth (5/8) inch by three-quarter (3/4) inch connection. 2. One hundred twenty-five dollars ($125) for each three- quarter (3/4) inch connection. 3. One hundred seventy-five dollars ($175) for each one (1) inch connection. 4. Three hundred sixty dollars ($360) for each one and one-half (1-1/2) inch connection. 5. Five hundred dollars ($500) for each two (2) inch connection. All such contractor-installed connections shall be guaranteed by the contractor for a period of one (1) year. C. System development charge. The system development charge is as follows: 9.a Packet Pg. 60 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 8 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Meter Size (inches) Charge Effective Through March 31, 2009 Charge Effective April 1, 2009 Less than 1 $2,600 $5,949 1 $4,627 $14,872 1-1/2 $10,400 $29,743 2 $18,486 $47,589 3 $41,594 $95,179 4 $73,933 $148,717 5 $115,528 $222,932 6 $166,376 $297,434 8 $295,786 $475,894 10 $462,162 $654,354 After April 1, 2009, this system development charge will increase annually, on the first day of each calendar year, by an amount equal to the percentage increase in the Construction Price Index for Seattle-Tacoma- Bremerton for the twelve (12) months, October 31st through September 30th, of the previous calendar year. However, if (1) the city’s fire marshal has required that, in conjunction with the city’s issuance of a single-family residential building permit, the applicant must install a fire sprinkler system, and (2) the need for a meter size greater than three-quarters (3/4) of an inch is based solely on the fire marshal’s requirement that the sprinkler system be installed, the single- family residential permit applicant shall pay only the system development charge listed above for a meter less than one (1) inch in diameter. It is not 9.a Packet Pg. 61 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 9 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter the city’s intent to require an applicant to pay a higher system development charge when the larger meter size is needed only in the unusual event of a fire demand rather than for normal daily user demand. D. Permit and inspection fee. The city council shall, by resolution, establish the permit, inspection, and other related fees to be assessed to implement and operate the regulations adopted in this chapter. In the event of any conflict or ambiguity regarding any fees established by council resolution, the public works director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. E. Installation of undersized meter. If an undersized meter is installed, a deduction will be allowed from the above charges, including system development charges, which will reflect the difference in cost between the undersized meter and the regular size meter. All service material (including water meter) will remain the property of the city. F. Tap change. If the tap is changed to one of a larger size, the cost and expense of such charge must be paid before the larger size tap is installed. G. Paving replacement – Charge. If it becomes necessary during the installation of such connection on a time and material basis to break and replace either concrete or blacktop paving, then in each instance an additional charge shall be made to cover the cost of such repair. H. Fee deferral. Until December 31, 2013, at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed for initial sale, the owner of the subject real property may defer payment of the water system development charge in subsection (A) of this section, executing a first position lien in favor of the city in the amount of the water system development charge. The city shall record the 9.a Packet Pg. 62 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 10 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter lien against the real property and the lien amount shall be paid by the seller to the city at the time of closing of the sale of the real property and single-family residence. An owner who chooses to defer the water system development charge must combine the lien with a lien deferring the transportation improvement fee in KCC 12.11.090 or Chapter 43.21C RCW, and drainage system development charge in KCC 7.05.165. Sec. 7.02.100. Installation and connection charges outside city. Any property owner outside the city limits applying for water service shall pay in full the tap charge and a permit review and inspection fee, plus a system development charge prior to the issuance of a water service permit. The minimum charge established shall be the cost as established for inside the city limits plus fifty (50) percent, except the system development charge. The system development charge shall be the same as for inside city limits. Sec. 7.02.110. Temporary water meters.1 A. When water service is required for a specific short-term duration, upon approval of the director of public works, a temporary water meter may be obtained from the water utility. B. Such meters shall only be used for a designated project and shall be promptly returned to the water utility upon completion of the project or at the end of 60 days, whichever comes first. The meters are to be returned in the same condition as when rented, and the user shall be held responsible for any damage thereto including paying all repair or replacement costs. While in the user’s possession, the user shall be solely responsible for the meter and as such, should it be lost or stolen, the user shall pay the water utility the cost of its replacement. C. The director of public works shall require that a cash bond be deposited with the city prior to receipt of a temporary meter. The amount 9.a Packet Pg. 63 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 11 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter of the bond shall equal the replacement cost of the respective meter. Upon return of the meter, the payment of all outstanding charges including any meter repair or replacement costs, the cash bond shall be released back to the user. D. Temporary meters may be moved from one hydrant to another within the same project; provided, the water utility is notified in advance of the proposed relocation and that hydrant wrenches are used to make all connections and disconnections. E. For each 100 cubic feet of water used with a temporary water meter, the rate charged will be $4.73 per 100 cubic feet of water used. All rates are also subject to a one-time temporary meter charge as follows: 1. Up to one-and-one-half-inch meter, $50; 2. Two-inch and larger meter, $100. Payment shall be made in full upon return of the meter. If a meter is lost or stolen, payment for water used shall be based on an estimate made by the director of public works. Sec. 7.02.120. Stop cocks. All service pipes must come directly from the street main and shall be laid at such depth and at such point as the water utility shall designate. All stop cocks and connections thereto shall be maintained by and under the control of the water utility. Sec. 7.02.130. Turn on and off service by water utility employees. No person except employees of the water utility or the finance department will be allowed to turn the water on or off at the city’s stop cock after the plumbing has been completed and the water turned on by the water utility, except to repair the special stop and waste cock or the pipe between it and the city’s stop cock. 9.a Packet Pg. 64 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 12 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Sec. 7.02.140. Special stop and waste cock. A special stop and waste cock with a key attached thereto shall be placed on the pipe leading from the city’s stop cock outside of the building or inside if basement is available. No branch pipe, bibb, or fixture of any kind shall be placed between this stop cock and the city’s main. If this stop cock does not thoroughly drain all pipes throughout the premises, additional ones shall be placed in all sags, bends, and traps that cannot otherwise be drained. If the service is to a business building adjacent to a city sidewalk, a valve type stop and waste cock in a cast iron valve box, with traffic type lid shall be installed near the outside wall of the building. Sec. 7.02.150. Replacement – Permit credit. If a property owner, lessee, or occupant requests a change in meter size and/or water line size, an application shall be made to the city engineer. The city engineer shall review the application for compliance with KCC 7.02.030. If the request results in an increase flow capability to the property, the charge for this service shall include the respective system development charge, otherwise, the charge shall be limited to a time and material basis. In all cases a credit on this charge will be made for the meter removed. This credit will be based on a depreciation schedule of twenty (20) percent per year for the number of years the meter has been in service, with a minimum credit of two dollars and fifty cents ($2.50). No credit will be allowed for the valves, meter box, or pipe originally installed. Where a system development charge is included, a credit will also be given for that previously paid system development charge. Sec. 7.02.160. Connections from stop cock at owner’s expense and care. All pipes and connections from the city’s adapter or coupling located on or near the property line or near the meter box shall be put in at the expense of the property owner, who shall be responsible for all damages resulting from leaks and breaks. 9.a Packet Pg. 65 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 13 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Sec. 7.02.170. Plumber’s permit for turn on and off. No plumber or other person will be allowed to make connection with the city mains or make alterations in conduit, pipe, or other fixture connecting therewith, or to connect pipes when they have been disconnected, or to turn water off or on, upon any premises at the city’s stop cock without a permit from the director of public works. Sec. 7.02.180. Water turned on by owner or tenant prohibited. If the water is turned on to the premises by anyone other than an employee of the water utility or the finance department after it has been turned off at the city stop cock, it will be turned off again at the city stop cock and locked, and will not be turned on again until the charges as prescribed in this chapter have been paid. These charges are based on the actual cost per hour, including overhead, of sending water utility employees to return service to the account, plus a turn on charge of thirty dollars ($30). In no case will the charge be less than thirty dollars ($30). Sec. 7.02.190. Vacant premises – Water supply. If it is decided to discontinue the use of water supply to vacant premises for a period of thirty (30) days or more, notice in writing must be given to the finance department. The water will be turned off and will be turned on again upon written application at a charge of thirty dollars ($30) for such turn on. No remission of charges will be made for a lesser period than thirty (30) days or without receipt of notice by the finance department. Sec. 7.02.200. Size of water main. No water main shall be installed unless it is at least six (6) inches in diameter and is the size indicated in the comprehensive water plan. 9.a Packet Pg. 66 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 14 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Sec. 7.02.210. Turn off and turn on charges. A. For the purpose of paying the expense to the water utility or finance department, a charge as set forth in this chapter is hereby fixed and made to turn off or turn on the water service to any building for the making within the building of any inspection, repair, maintenance, enlargement, replacement, addition, or change in or to the water line or lines, or plumbing, or plumbing fixtures, or for the purpose of connecting any kind of machine, appliance, toilet, or bath facilities, or any kind of plumbing in or to the water system located within the building when the building does not have stop and waste cock as required in KCC 7.02.210. B. The charge shall be forty-five dollars ($45) if the turn off or turn on is done within a period of forty-eight (48) hours of the initial customer request, which charge shall be paid to the finance department before any water service is turned off or turned on for any of the purposes set forth in this section. C. If the turn off and turn on is not done within a period of forty-eight (48) hours from the time of the initial consumer request, the charge is thirty dollars ($30) to turn off the water service and thirty dollars ($30) to turn on the service. The charge shall be paid to the finance department before any water service is turned off or turned on for any of the purposes set forth in this section. D. If more than one turn off and turn on request occurs in any twelve (12) month period, a charge in the amount of forty-five dollars ($45) shall be assessed against the account for each additional service turn off. Sec. 7.02.220. Prohibited uses. No person shall: A. Use water from the city water system for sprinkling or irrigating when requested by a police officer or firefighter of the city to cease such 9.a Packet Pg. 67 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 15 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter use during a fire which the fire department is seeking to control or when use of water for sprinkling or irrigation is forbidden by the city council; B. Bathe in, fish in, or throw any substance into any reservoir or water tank or standpipe or into any pipe or connection to the city water system, or upon the premises where any reservoir, water tank or standpipe is located; C. Obstruct the access to any fire hydrant or place lumber, dirt, rubbish, or other material upon public right-of-way or city owned property within twenty (20) feet of a fire hydrant or to open or operate a fire hydrant except a member of a fire department or employee of the city in pursuance of his employment or duty; D. Break or deface the seal of a water meter or tamper with, damage, obstruct, or alter a water meter in service; E. Make any connection with a water main, water pipe, or fire hydrant for delivery of water from the city water system to a consumer without a permit from the water utility and a means of measuring the quantity of water taken prior to consumption; F. Turn on or turn off a water service at the water box or any place between the water meter and the water main of the city water system other than by an employee of the water utility or finance department who is authorized to either turn on or turn off a water service; G. Interfere with, obstruct, or prevent free or safe access to any water meter or water service for purpose of reading, inspection, repair, removal, or installation by any employee of the water utility or finance department in pursuit of his employment; 9.a Packet Pg. 68 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 16 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter H. Tamper with, destroy, break, or interfere with any part of the water system; or I. Make, construct, buy, sell, or in any way dispose of to any person any curb cock key or hydrant wrench that fits or may be used on any part of the city water system without permission of the director of public works of the city. Sec. 7.02.230. Water rates.2 A. Water rates. The following monthly rates apply to all water customers served by the city of Kent. The lower rate applies per 100 cubic feet of water used up to or equal to 800 cubic feet per month, and the higher rate applies per 100 cubic feet of any water used in excess of 800 cubic feet: WATER USE/CONSUMPTION Winter/Summer ≤ 800cf: $2.40 > 800cf: $4.73 All customers are also subject to a monthly demand charge for potable water service, dedicated fireline service, and water meters. For purposes of this chapter, a dedicated fireline constitutes the pipe(s) and appurtenances on private property that only supply water to the system riser for water- based fire protection systems, private hydrants, monitor nozzles, fire pump suctions, and tanks. The dedicated fireline begins after the property isolation device, and it contains water that will be used only when needed for fire protection purposes and so will become stagnant and nonpotable. The fees for these monthly demand services are as follows: 9.a Packet Pg. 69 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 17 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Meter Size or, for Dedicated Fireline, Pipe Size (inches) Residential Charge Effective January 1, 2017 Commercial Charge Effective January 1, 2017 Dedicated Fireline Charge Effective January 1, 2017 ≤3/4 $23.15 $29.10 $2.75 1 $36.25 $42.20 $3.21 1-1/4 $4.81 1-1/2 $69.00 $74.95 $6.42 2 $108.30 $114.25 $10.27 3 $173.80 $179.75 $25.67 4 $265.50 $271.45 $51.33 6 $402.45 $102.67 8 $533.45 $173.25 10 $664.45 $256.67 Beginning January 1, 2018, and on the first day of each calendar year thereafter, the total water rate for consumption, meters, and dedicated fireline usage will adjust by the Consumer Price Index (CPI), specifically the CPI-W Seattle-Tacoma-Bremerton, measured from June 1st through June 1st of the previous calendar year, if the CPI-W reflects an upward adjustment from the previous annual June to June period. For the years 2018 through 2022 the adjustment will not exceed 2.4 percent of the total water rate, but after that, beginning January 1, 2023, any increase in the CPI will not be subject to this 2.4 percent limit. In order to simplify the rate-making structure, the finance director is authorized to amend the rate each year to reflect the CPI adjustment. B. Lifeline customers. Through Chapter 7.01 KCC, the city council has established eligibility criteria for lifeline customers. For lifeline-qualified 9.a Packet Pg. 70 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 18 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter water service customers, the following fees apply for monthly demand services, and water consumption per 100 cubic feet: Effective Date Demand Service Charge Water Rate per 100 cf 01/01/2017 $13.10 $0.61 Sec. 7.02.240. Water billing adjustments. A. Subject to the right of access and inspection by a representative of the city, a property owner receiving water service from the city may apply for adjustment of a city water bill under the following circumstances: 1. A water leak has been discovered on the subject property; or 2. A water line failure has occurred on the subject property; or 3. An inadvertent error on the part of the occupant of the subject property caused excessive water usage; or 4. An unexplained, abnormal water meter reading has occurred on the subject property. This adjustment shall not exceed 100 percent of the difference between the total amount charged by the city for the billing period for which adjustment has been requested, and the average water usage at the subject property. For purposes of this subsection, “inadvertent error” does not include actions constituting knowing or willful neglect. Furthermore, the average water usage shall be computed by determining the total volume of water consumed, under normal use conditions, during the preceding 12 months and dividing that total volume by the number of times the city reads the customer’s water meter. If there is insufficient usage history by the owner at the subject property, the city may use additional consumption history before an adjustment can be made. This additional consumption history may include, but is not limited to: the owner’s prior usage at another location receiving water service from the 9.a Packet Pg. 71 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 19 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter city; the previous owner’s consumption history; and historical water consumption at comparable properties within the city. B. This water bill adjustment can be applied to no more than two consecutive billing periods. Any bill submitted for adjustment must exceed two times the average usage in the preceding 12 months prior to the earliest billing period for which the adjustment is requested. The property owner must submit a signed application for adjustment, on a form prescribed by the finance director, within 90 days of the last day of the billing period for which an adjustment is requested, in order to be eligible for the adjustment. C. Following receipt of an application for a water bill adjustment, the city’s customer services manager, or the manager’s designee, shall review the application and determine whether or not to adjust the water bill based on the criteria listed in this section. In order to make a proper and fair determination, city staff shall be entitled to enter upon and inspect the subject property, if necessary, and shall verify that the water meter serving the subject property does not indicate that excessive water usage is continuing. The customer services manager shall not approve an application for water bill adjustment if the city determines that the water meter shows the continued existence of abnormally high water usage. D. If approved, the customer services manager shall adjust the water bill by issuing a credit to the water service billing account. In the alternative, if the owner no longer owns the subject property or is otherwise no longer legally responsible for the water bill, the city may, upon approval of the finance director, issue a check to the owner in an amount not to exceed what would have been credited to the water service billing account. 9.a Packet Pg. 72 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 20 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter E. The owner may request reconsideration of the decision of the city’s customer services manager by the city’s finance director. This request must be in writing and delivered to the city no later than 30 days after the customer services manager’s decision is delivered to the property owner. For purposes of this subsection, delivery is deemed complete upon the third day following the day upon which the written determination or request for consideration is placed in the mail, unless the third day falls on a Saturday, Sunday, or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day. This request for reconsideration must contain all relevant facts and circumstances pertaining to why the owner believes that the decision of the customer service manager was incorrect. The finance director shall issue a written decision to the requestor within 45 days of receipt of the request for reconsideration. The finance director’s determination cannot be appealed to the hearing examiner or the city council, and any further appeals may only be made pursuant to applicable state law. F. A property owner may submit an application for adjustment of a water bill only once every 12 months; provided, however, that this does not prohibit an owner from submitting an application for adjustment of two billing periods simultaneously, pursuant to subsection (B) of this section. If a property owner has previously submitted an application for adjustment of a water bill to the city for the same property, the customer services manager will reject any subsequent application that does not also include tangible proof that repair work to correct the leak has already been completed, such as original or certified copies of invoices for parts and/or labor. The city may also enter onto the subject property to confirm that necessary repairs have been made, prior to granting a subsequent request for a water bill adjustment. 9.a Packet Pg. 73 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 21 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter G. Subsection (F) of this section notwithstanding, a property owner submitting an application pertaining to a property for which that owner has not previously submitted a request for a water bill reduction, or a new owner applying for a water bill reduction pertaining to a property for which a water bill reduction was previously requested by a prior owner, shall be treated as a first-time applicant under this section. The finance director shall not consider an heir, devisee, person related by blood or marriage, an affiliated corporate entity or an entity under common control with a prior owner of the subject property to be treated as a “first-time applicant” for purposes of this subsection. Sec. 7.02.250. Billing for service. All billing for water shall be made to the nearest five cents ($0.05). Sec. 7.02.260. Charges when meter is out of order. If a meter fails to register the amount of water used, the customer will be charged at the average rate of monthly consumption as shown by the meter when the meter was in working order. Sec. 7.02.270. Request for meter check. A customer may request a meter check. If it is found that the meter is registering less than or more than the requirements of the state for meter accuracy, no charge will be made. If it is found that the meter is registering in accordance with state regulations, a charge which is on file in the city clerk’s office will be made. This charge will be added to the next water billing. Sec. 7.02.280. Fire protection service. A. Pipes for fire protection purposes must be fitted with such fixtures as are needed for fire protection and such fixtures shall be sealed by the water utility. In no case shall such seal be broken, except in case of fire or by the fire chief for the purpose of testing the pipes, fixtures or hose. 9.a Packet Pg. 74 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 22 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter B. When seals are broken in case of fire, it shall be the duty of the owner or tenant of the premises to notify the water utility within twenty- four (24) hours after its occurrence, and the seal will be replaced by the water utility. Sec. 7.02.290. Emergency shutoff without notice. A. The water may at any time be shut off from the mains without notice for repairs, extensions, or other necessary purposes and persons having boilers supplied by direct pressure from the mains are cautioned against danger of explosion or collapse. Where meters are in use, a safety valve shall be placed between the boiler on such service and the meter at the owner’s expense, and the owner shall be held responsible to the city for any and all damages to meters caused by hot water. B. The city will not be responsible for the safety of boilers or other fixtures on the premises of any water consumer. Sec. 7.02.300. Penalty for violation. A. Except as set forth in KCC 7.02.310 – 7.02.400, any violation of this chapter constitutes a civil violation under Chapter 1.04 KCC, for which a monetary penalty may be assessed and abatement may be required as provided therein. B. In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the penalties provided for in KCC 1.04.030. 9.a Packet Pg. 75 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 23 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter PART TWO Cross-Connection Restrictions Sec. 7.02.310. Cross-connection restrictions – Purpose. The purpose of this section is to protect the city’s public water system from contamination via cross-connections. Sec. 7.02.320. Cross-connection restrictions – Definitions. A. Definitions in WAC 246-290-010, as they presently exist and as they may be amended, are hereby adopted and incorporated herein by this reference as if set forth in full, including, but not limited to the following terms. 1. Backflow means the undesirable reversal of flow of water or other substances through a cross-connection into the public water system or consumer’s potable water system. 2. Consumer's water system means any potable or industrial water system that begins at the point of delivery from the public water system and is located on the consumer's premises. The consumer's water system includes all auxiliary sources of supply, storage, treatment, and distribution facilities, piping, plumbing, and fixtures under the control of the consumer. 3. Cross-connection means any actual or potential physical connection between a public water system or the consumer's water system and any source of nonpotable liquid, solid, or gas that could contaminate the potable water supply by backflow. 4. High health cross-connection hazard means a cross- connection involving any substance that could impair the quality of potable water and create an actual public health hazard through injury, poisoning, or spread of disease. 5. Premises isolation means a method of protecting a public water system by installation of approved air gaps or approved backflow 9.a Packet Pg. 76 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 24 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter prevention assemblies at or near the service connection or alternative location acceptable to the purveyor to isolate the consumer's water system from the purveyor's distribution system. 6. Uniform Plumbing Code (UPC) means the code adopted under RCW 19.27.031 and implemented under chapter 51-56 WAC. This code establishes statewide minimum plumbing standards applicable within the property lines of the consumer's premises. B. In addition to those definitions contained within WAC 246-290-010, when used in this chapter, the following terms shall have the meanings ascribed to them in this section, unless the context indicates otherwise: 1. Approved backflow preventer means an approved air gap, an approved backflow prevention assembly, or an approved atmospheric vacuum breaker relied upon by the purveyor for the protection of the public water system. The requirements of this chapter do not apply to backflow preventers installed for other purposes. 2. Approved backflow prevention assembly means a reduced pressure backflow assembly, reduced pressure detector assembly, double check valve assembly, double check detector assembly, pressure vacuum breaker assembly, or spill resistant vacuum breaker assembly of make, model, and size that is approved by the Washington State Department of Health (Department of Health). 3. Authority Having Jurisdiction means the Building Services division of the City of Kent Economic and Community Development Department, which is authorized to administer and enforce the provisions of the UPC. 4. Auxiliary Water Supply means water supplied by wells or by cisterns or some other type of water not supplied by the city. 5. Consumer means the owner or operator of a water system connected to a public water system through a service connection. 9.a Packet Pg. 77 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 25 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter 6. Director means the director of the public works department or his/her designee. 7. Public Water System means all the public water treatment, storage, and distribution facilities, beginning at the water supply sources and ending at the point of delivery to the consumer's water system, which begins at the downstream end of the service connection or water meter located on the public right of way or utility-held easement. 8. Purveyor means the city of Kent Public Works Department Water Utility, which operates the public water system. 9. Substantial Alteration means any upgrades, additions, repairs, or alterations to any site in exceedance of $100,000.00. Sec. 7.02.330. Adoption of state regulations. The provisions of WAC 246-290-490, as they presently exist and as they may be amended, are hereby adopted and incorporated herein by this reference as if set forth in full. Sec. 7.02.340. Unprotected cross-connection declared unlawful. The installation or maintenance of an unprotected cross- connection is hereby declared to be unlawful. The control and elimination of cross-connections by the public works department shall be in accordance with the applicable sections of the Washington Administrative Code, the Kent City Code and the policies and procedures of the city’s cross-connection control program. Sec. 7.02.350. Cross-connection restrictions – Administration. The public works department shall be responsible for administering KCC 7.02.310 through 7.02.410, including the development of the necessary procedures and practices that are consistent with the standards in this code and chapter 246-290 WAC. 9.a Packet Pg. 78 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 26 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Sec. 7.02.360. Cross-connection restrictions – Service connection. A. No water service connection from the public water system to any consumer shall be installed or maintained unless the public water system is protected by an approved backflow preventer commensurate with the degree of hazard. B. Water service may be discontinued to any consumer for failure to comply with this chapter. Service may not be re-established until the public works department has verified compliance with this chapter pertaining to cross-connections. Sec. 7.02.370. Entry onto premises. With the consent of the consumer or owner/operator of any premises, through permissions granted in a water service agreement or pursuant to a lawfully issued warrant, public works department staff may enter any premises at any reasonable time to perform the duties imposed by this chapter. No consent, warrant, or permission is required to enter those areas open to the public generally or to which no reasonable expectation of privacy exists. Sec. 7.02.380. Approved backflow preventers required. A. Approved backflow preventers shall be installed at the city’s water service connection commensurate with the assessed degree of hazard. The consumer shall install and maintain all approved backflow preventers deemed necessary by the standards established by the city. B. Premises isolation is required for the following service connections: 1. Severe and high health cross-connection hazard premises listed in WAC 246-290-490(4)(b), Table 9; 2. New commercial multi-tenant facilities; 9.a Packet Pg. 79 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 27 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter 3. Single-family dwellings with access to an auxiliary water supply; 4. Commercial fire lines; 5. Commercial irrigation systems; 6. Residential irrigation systems (per the UPC); 7. Residential fire sprinkler systems, excluding the flow-through type (per the UPC). C. Premises isolation may be required after an assessment by the public works department of the following service connections: 1. New commercial facilities; 2. Commercial facilities after a substantial alteration; 3. Facilities with complex plumbing arrangements that make it impracticable to assess whether cross-connection hazards exist; 4. Facilities with cross-connection hazards that are unavoidable or not correctable, such as, but not limited to, facilities which are more than two stories. D. Commercial fire lines with single check valve backflow preventers are subject to the following requirements: 1. Where an existing fire line and/or private fire hydrant system is altered or extended, the existing fire line, fire hydrant(s) and/or yard hydrant and all related backflow protection assemblies shall be upgraded to comply with current City codes. The upgrade requires a backflow permit and all upgrades shall be completed prior to final inspection and permit approval. 2. When single check valve backflow preventers are discovered, the public works department will issue a notice requiring replacement with an approved backflow prevention assembly. The replacement shall be completed within one year of the notice or other timeframe acceptable to the public works department. 9.a Packet Pg. 80 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 28 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter Sec. 7.02.390. Inspection and testing procedures of approved backflow preventers. A. Approved backflow preventers shall be inspected and tested: 1. At the time of initial installation; 2. Annually after initial installation; 3. After the approved backflow preventer is repaired; 4. After the approved backflow preventer is moved, relocated, reinstalled or reinstated; 5. After the approved backflow preventer fails testing or inspection and the cause of the failure has been corrected; 6. After installation or replumbing of an air gap; 7. After a backflow incident; 8. More often if tests indicate repeated failures. B. The consumer shall have all required inspections and tests performed by a backflow assembly tester certified by the Washington State Department of Health. The results shall be delivered to the city on a form acceptable to the city. C. If any required inspection and/or test is not performed, or if the approved backflow preventer does not successfully pass the required tests, the city may initiate enforcement as set forth in KCC 7.02.410. Sec. 7.02.400. Approved backflow preventers administrative fee and permit. A. Administrative fee assessed. An administrative fee per approved backflow preventer has been established by council resolution, and is assessed annually. This fee is used to pay for costs incurred by the city to administer the cross-connection control program, including educational 9.a Packet Pg. 81 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 29 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter outreach, inspections, water-use surveys, and record-keeping mandated by the Washington State Department of Health and the UPC. B. Backflow Prevention Permit. The installation of any approved backflow preventer requires a backflow prevention permit. An inspection fee for the backflow prevention permit shall be established by council resolution and assessed at the time of permit issuance. The director is authorized to interpret the fee schedule(s) to resolve any conflict or ambiguity. Sec. 7.02.410. Cross-connection restrictions – Enforcement. A. Any violation of any provision of this chapter may be enforced as provided for in this section. B. Water Service Shutoff and Monetary Penalties. If the public works department determines that an unlawful cross-connection exists and/or that the consumer has failed to meet the inspection and testing requirements for approved backflow preventers, the consumer may be subject to the following penalties: 1. Residential Consumers. (a) Warning. Written notice will be sent to the consumer or, alternatively, a copy of such written notice will be posted on the premises involved. The notice shall provide that the unlawful cross- connection shall be corrected by testing or installation within 30 days of the date the notice is mailed or posted on the premises. (b) First Violation. If the consumer does not correct the violation by testing or installation within 30 days of the first written notice, the consumer may receive a $100 penalty and notice that water service to the premises may be shut off after 30 days. The notice shall include the actions necessary to avoid water service shutoff. 9.a Packet Pg. 82 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 30 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter (c) Second Violation. If the consumer does not correct the violation by testing or installation within 30 days of the issuance of the first penalty, the consumer may receive an additional $100 penalty and water service to the premises may be shut off immediately. Water service will not be restored until the consumer corrects the violations and fully pays the penalty and water shutoff fee. 2. Commercial Consumers. (a) Warning. Written notice will be sent to the consumer or, alternatively, a copy of such written notice will be posted on the premises involved. The notice shall provide that the unlawful cross- connection shall be corrected by testing or installation within 30 days of the date the notice is mailed or posted on the premises. (b) First Violation. If the consumer does not correct the violation by testing or installation within 30 days of the first written notice, the consumer may receive a $500 penalty and notice that water service to the premises may be shut off after 30 days. The notice shall include the actions necessary to avoid water service shutoff. (c) Second Violation. If the consumer does not correct the violation by testing or installation within 30 days of the issuance of the first penalty, the consumer may receive an additional $500 penalty and water service to the premises may be shut off immediately. Water service will not be restored until the consumer corrects the violations and fully pays the penalty and water shutoff fee. 3. Appeal of Water Service Shutoff and Monetary Penalties. A consumer may appeal the water service shutoff and/or the assessment of a monetary penalty to the director. An appeal must be made in writing and must set forth the reasons and include any 9.a Packet Pg. 83 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 31 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter evidence of why the consumer is not in violation of this chapter. The director will provide written notice of his or her decision on the appeal within 10 business days of the director’s receipt of the appeal. That decision is final, and no additional appeal is available. C. Recovery of costs incurred by the city. In addition to any penalty provided for in subsections (B) through (F) of this section, a consumer who violates any of the provisions of this chapter shall be liable for all costs incurred by the city as a result of the violation. The city will issue an invoice to the consumer for the violation advising of the amount of costs incurred by the city as a result of the violation. The consumer must respond within 14 days of service of notice by: (1) paying the invoice, (2) requesting a hearing before the city’s hearing examiner to mitigate the amount of the invoice, or (3) requesting a hearing before the city’s hearing examiner to contest the amount of the invoice. Failure to timely respond shall result in the invoice being deemed valid and the city may seek collection of the invoice through the process provided for in Chapter 3.10 KCC, including the use of a collection agency. Payment of any invoice issued shall not alleviate the consumer for the violation from complying with this chapter. 1. Service of notice. Service of an invoice issued under this subsection (C) shall occur and is deemed complete in the same manner and under the same provisions as provided for in KCC 1.04.060. 2. Process to mitigate or contest invoice. The process through which a consumer may request a hearing to contest or mitigate an invoice issued to him or her as a person responsible for the violation is the same as that provided for notices of violation under KCC 1.04.120 through 1.04.190. The hearing examiner’s decision as to any invoice issued under this subsection (C) is final and may not be further appealed. 9.a Packet Pg. 84 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 32 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter 3. Failure to pay – Civil infraction. The failure to timely pay an invoice issued under this subsection (C), or any mitigated invoice amount set by the hearing examiner, is a separate violation that may be enforced through the issuance of a civil infraction pursuant to subsection (D) of this section. D. Civil infraction. A person who violates any provision of this chapter may be issued a class 1 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. An infraction issued pursuant to this section shall be filed in the Kent Municipal Court and processed in the same manner as other infractions filed in the Kent Municipal Court. In addition, a civil code enforcement action may be instituted in accordance with subsection (E) of this section to effectuate any abatement or corrective action required by the person as a result of the violation. E. Civil code enforcement. In addition to, or as an alternative to any other penalty provided for in this chapter or by law, a civil code enforcement action may be instituted under the provisions provided for in Chapter 1.04 KCC to effectuate any abatement or corrective action required as a result of a violation of this chapter, including the issuance of a stop use or stop work order under KCC 1.04.090 through 1.04.110. The process through which the person responsible for the violation may contest a stop use or stop work order is the same as that provided for notices of violation under KCC 1.04.120 through 1.04.190. Failure to timely abate the violation or take the required corrective action will result in the issuance of a fine in accordance with KCC 1.04.080 and 1.04.200, which fine will be separate and apart from any fine that may have been issued under subsection (B) of this section. F. Criminal offense. Except as may otherwise be provided, a person who: 9.a Packet Pg. 85 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 33 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter 1. Negligently violates a provision of this chapter is guilty of a misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(3) as now enacted or hereafter amended; or who 2. Knowingly violates a provision of this chapter, or commits a repeated violation of this chapter, is guilty of a gross misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(2), as now enacted or hereafter amended. (a) For purposes of this section repeated violation means, as evidenced by either a prior committed finding by the Kent Municipal Court of an infraction issued under this chapter, or a committed finding by the hearing examiner of a notice of violation issued under Chapter 1.04 KCC, or a committed finding by operation of law under KCC 1.04.130, that a violation of this chapter has occurred on the same property or that a person responsible for the violation has committed a violation of this chapter elsewhere within the city of Kent. To constitute a “repeat violation,” the violation need not be the same violation as the prior violation. 3. If a person is found guilty of a criminal offense as provided for in this subsection (F), or pleads guilty to another offense on recommendation of the prosecutor, the court shall order the defendant pay restitution to the city of Kent, or any other victim of the offense, for the total suffered loss or damage by reason of the commission of the crime. SECTION 3. – Savings. The existing Chapter 7.02 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are 9.a Packet Pg. 86 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) 34 Chapter 7.02 KCC re: Water Repeal Existing and Adopt New Chapter authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, as provided by law. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR FITZPATRICK, CITY ATTORNEY PASSED: day of , 2018. APPROVED: day of , 2018. PUBLISHED: day of , 2018. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) KIMBERLEY A. KOMOTO, CITY CLERK 9.a Packet Pg. 87 At t a c h m e n t : 9 - E X H I B I T - O R D F I N A L ( 2 ) - l a w a p p r o v e d ( 1 4 5 0 : C r o s s C o n n e c t i o n C o d e U p d a t e ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: November 5, 2018 TO: Public Works Committee SUBJECT: Snow and Ice Update - Info Only SUMMARY: Staff will present information on our Snow and Ice Response Preparedness. The information provided will inform our residents and the committee on the City’s plan to respond to severe winter weather. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure, Sustainable Services 10 Packet Pg. 88 PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: November 5, 2018 TO: Public Works Committee SUBJECT: Quiet Zone Update - Info Only SUMMARY: Staff will give an update on the status of the Quiet Zone. • Kent has been awarded a $20,000 grant from the Utilities and Transportation Commission’s Grade Crossing Protective Fund for pedestrian fencing. Pedestrian fencing needs were identified during the Quiet Zone diagnostic meetings. This grant may be split between multiple locations. Fencing projects must be completed by June 15, 2019. The City is eligible for grant funds in the next funding cycle which begins in August 2019. • The BNSF Notice of Intent 60 day comment period ended on October 25, 2018. We are currently receiving comments through the mail. Comments have been received from the Washington State Department of Transportation, The Washington Utilities and Transportation Commission, and BNSF. Comments are expected from Sound Transit , Amtrak, and the Federal Railroad Administration. • UPRR Notice of Intent is in its 60-day comment periods. The comment period ends on November 10, 2018. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Sustainable Services 11 Packet Pg. 89