HomeMy WebLinkAboutCity Council Committees - Operations Committee - 02/07/2017 (2)
Unless otherwise noted, the Operations Committee meets at 4 p.m. on the first and third
Tuesday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032.
For additional information please contact Jennifer Hays at 253-856-5700.
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 1-800-833-6388.
Operations Committee Agenda
Councilmembers: Bill Boyce – Les Thomas – Dana Ralph, Chair
February 7, 2017
4 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Ralph 1
2. Roll Call Chair Ralph 1
3. Changes to the Agenda Chair Ralph 1
4. Approval of Check Summary Report dated
11/16/2016 thru 11/30/2016 and
1/01/2017 thru 1/15/2017
YES Chair Ralph 2
5. Approval of Meeting Minutes Dated
January 17, 2017
YES Chair Ralph 2 1
6. Amend Resolution No. 1939, Code Fees –
Recommend
YES Matt Gilbert 5 3
7. Microsoft Product Licensing – 2017
Enterprise Agreement –
Recommend
YES James Endicott 5 29
8. Budget Certification for Annexation Sales
Tax Credit-Resolution - Recommend
YES Barbara Lopez 5 77
9. Consolidating Budget Adjustment
Ordinance for Adjustments between
December 1 and 31, 2016 - Recommend
YES Barbara Lopez 5 85
10. Federal Grants Signing Authority
Ordinance – Information Only
NO Chad Bieren 5 91
11. Director’s Report – Information Only NO Aaron BeMiller 5 103
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OPERATIONS COMMITTEE MINUTES
January 17, 2017
Committee Members Present: Les Thomas, and Dana Ralph, Chair; Bill Boyce had an
excused absence.
1. The meeting was called to order by Dana Ralph at 4:01 p.m.
2. ROLL CALL.
Council President Bill Boyce had an excused absence.
3. CHANGES TO THE AGENDA.
There were date changes to the check summary report to reflect approval of summaries
December 1, 2016 through December 31, 2016.
4. APPROVAL OF THE CHECK SUMMARY REPORT DATED 12/01/2016 THRU
12/15/2016 AND CHECK SUMMARY 12/16/2016 THROUGH 12/31/2016.
L. Thomas moved to approve the check summary report dated 12/01/2016 thru
12/15/2016 and check summary 12/16/2016 though 12/31/2016. D. Ralph seconded
the motion, which passed 2-0.
5. APPROVAL OF MINUTES DATED DECEMBER 6, 2016.
L. Thomas moved to approve the Operations Committee minutes dated December 6,
2016. D. Ralph seconded the motion, which passed 2-0.
6. 2017 INSURANCE PROGRAM REVIEW – INFORMATION ONLY.
Risk Manager Chris Hill provided members with an update for the City’s 2017 insurance
programs:
Liability - due to adverse loss development in 2016, the premium for 2017 has
increased six percent in the first layer and will hold through for the second layer.
For 2017, the City’s self-insured retention remains at $250,000 per loss.
Worker compensation - the City’s current Excess Worker Compensation insurer,
Safety National Casualty, has increased the minimum premium to $65,000.
However, after some convincing an interim approach was agreed for budget
softening reasons. Premium costs are still below the 2003 rate.
7. 4TH QUARTER PROCUREMENT REPORT – INFORMATION ONLY.
Chief Administrative Officer Derek Matheson reported on the fourth quarter procurement
report; there were no significant highlights discussed.
8. EMERGENCY MANAGEMENT PERFORMANCE GRANT MOU – INFORMATION
ONLY.
City Auditor Robert Goehring informed members to the previously authorized acceptance
of the federal Emergency Management Performance Grant (EMPG) from the Washington
Military Department in the amount of $70,466 for the period June 1, 2016 through August
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Operations Committee Minutes
January 17, 2017
Page: 2
31, 2017. On January 1, 2017, these grants were awarded directly to the City and passed
to the Puget Sound Regional Fire Authority, formerly named Kent Fire Department RFA.
The federal grant requirements were replaced by The Common Rule. While there were no
substantive changes between the former and new federal grant requirements with respect
to the EMPG award, the new requirements resulted in a significant re-write of the terms
and conditions of the memorandum of understanding. These changes included increasing
the dollar threshold for requiring a single audit from $500,000 to $750,000.
9. NOVEMBER FINANCIAL REPORT – INFORMATION ONLY.
Finance Director Aaron BeMiller reported overall the City is in line with what was reported
in October. Analysis through November show both revenues and expenditures ending the
year favorable compared to budget, creating an overall positive variance amount of nearly
$5.7 million. The current estimated ending fund balance reserves for 2016 calculates to
18.6 percent of estimated 2016 expenses.
The following highlights were reported:
Revenues are estimated to end the year at nearly $4.6 million or 5.2 percent higher than
budgeted. Most of the City's major revenue sources show positive variances compared to
budget, including sales tax ($910,000), licenses and permits ($682,000), charges for
services ($615,000), intergovernmental revenue ($529,000) and B&O ($617,000). This is
offset by unfavorable variances compared to budget for other taxes ($165,000) and fines
and forfeitures ($143,000).
Expenditures through September show all departments are remaining fairly close to
budget.
10. DIRECTOR’S REPORT – INFORMATION ONLY
Mr. BeMiller supplied new information to two items, they are:
Financial Policy Review – with all the financial policies the City has in place, it
was asked what would be the best way for the organization to relay the
information. Chair Ralph recommended to bring the policies back to the Committee
as an information only item and then sometime in July it will be presented to full
Council during a workshop.
PFM Asset Management Investment – as of January 17, the City closed on $21
million and the following day closed on another $4 million, doubling its investments
outside the local government investment pool to date.
The meeting was adjourned at 4:29 p.m. by D. Ralph.
J. Hays
Jennifer Hays
Operations Committee Secretary
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ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: February 7, 2017
TO: Operations Committee
FROM: Matt Gilbert, Current Planning Manager
SUBJECT: Amend Resolution No. 1939, Code Fees – Recommend
SUMMARY: The city establishes a schedule of fees by resolution. The current fee
resolution was adopted in December and increased fees to provide the city with full
compensation for its cost to provide its various license, fee, and inspection
processes. Some of the new fee amounts shown in the exhibits are incorrect,
resulting from minor computation errors. These errors are corrected in the attached
revised resolution.
The revised resolution repeals Resolution No. 1939, and, effective March 1, 2017,
establishes corrected fees as shown in this resolution and its exhibits.
EXHIBITS: Resolution
BUDGET IMPACT: Intended to obtain full cost recovery for the city’s various
permitting and inspection processes.
MOTION: Recommend council adopt a resolution to repeal Resolution No.
1939 with a new resolution that corrects minor errors.
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1 Fee Resolution
RESOLUTION NO. ___________
A RESOLUTION of the city council of the
city of Kent, Washington, adopting and amending
Kent City Code fees effective January 1, 2017,
including business license, planning and land use
application fees; permit and inspection fees
required to comply with the provisions of the
International Building, Residential, Mechanical,
Fire, and other related Codes and the Uniform
Plumbing Code; other miscellaneous city permit
and application fees; and repealing Resolution No.
1902.
RECITALS
A. On December 13, 2011, the Kent City Council passed
Resolution No. 1851, establishing, amending and adjusting various
development fees. These fees adjust annually with the inflation rate, but
on occasion, the fees require further adjustment caused by changes in
regulatory laws, cost of operation, and other factors. The city has made
these fee adjustments at various times, the latest being by its Resolution
1902, which amended the fees and fee structure and repealed the prior fee
resolution.
B. The Kent City Council finds that in an effort to achieve a more
equitable cost recovery, the fee schedules must be amended, and a new
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2 Fee Resolution
Resolution should be adopted that will have the effect of amending
Resolution No. 19391902 by repealer and adoption of a new resolution.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Business License Fees. In accordance with chapter
5.01 of the Kent City Code (KCC), annual fees for business licenses will be
based on the number of full and part-time employees employed at each
business with certain exceptions for multi-family apartment and
condominium businesses, home occupation businesses, and contractors
doing business in Kent whose physical address is outside the city of Kent.
The fees will be assessed as follows:
A. Fees based on the number of full-time and part-time employees will
be as follows:
Number of Employees of
Business
Fee
0 – 24 $100
25 – 49 $200
50 – 99 $400
100 or more $600
B. The business license fee for multi-family apartments and
condominium businesses is based on the number of dwelling units as noted
in the schedule below. The business license fees will be waived for
apartments and condominiums that participate in and are in compliance
with the guidelines set forth in the STAR program in accordance with
chapter 5.14 KCC.
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3 Fee Resolution
Number of Multi-Family Dwelling Units Fee
2 – 10 Units $100
11-50 Units $300
51 Units and above $600
C. The Home occupation business license fee is $50.00.
D. Contractors doing business in Kent whose physical location is outside
the city of Kent will be assessed a $100 fee.
SECTION 2. – Permit Technology Fee. As authorized by KCC Section
3.11.010(c), a technology fee for all business license transactions will be
assessed in the amount of one dollar ($1) per transaction; every other fee
established by this resolution will be assessed a technology fee in an
amount equal to three percent (3%) of the fee or ten dollars ($10.00),
whichever is greater, with the exception of the exclusions listed in Exhibit
A.
SECTION 3. –Hearing Examiner Fees. As authorized by KCC Section
2.32.155, the fee that an applicant will pay for any permit or approval that
requires either an open or a closed record public hearing before the city’s
hearing examiner and the fee for any appeal of any decision or
recommendation to the hearing examiner will be in the amounts shown on
Exhibits B through F.
SECTION 4. – International Fire Code Fees. As authorized by KCC
Section 13.01.120, the fee schedule attached as Exhibit B will govern the
monetary charges assessed by the city for reviewing and processing permit
applications, for issuing permits and other approvals, and for all related
inspections.
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4 Fee Resolution
SECTION 5. – International Building Code and International
Residential Code – Building permit and plan review fees. Pursuant to KCC
Section 14.01.090, the fees to be assessed for building permits and related
inspections under the International Building Code or the International
Residential Code will be as set forth in Exhibit C, with the following
modifications:
1. Standard plan review Fees. Whenever construction
documents, as defined in the International Building Code and International
Residential Code, are submitted for review pursuant to section 107 of the
International Building Code or section R106 of the International Residential
Code, a plan review fee equal to sixty-five (65) percent of the building
permit fee will be assessed.
2. Basic plan review fees. The basic plan review fee, after and in
addition to the payment of the initial standard plan review fee set forth in
subsection (1) above, will be a fee of ninety-eightone hundred one dollars
and sixty-one nine cents ($98.61101.69) for each permit issued upon a
certified basic plan. Additional plan review fees will also be assessed at a
rate of one hundred thirty-two six dollars and thirty-sixfifty cents
($132.36136.50) per hour, or a portion thereof for an additional plan
review required for changes, additions, or revisions to plans.
3. Administration of basic plans. Basic plans will be administered
as follows:
a. “Basic plans” are defined as complete plans for an entire
detached single family residential building that:
(i) Are clearly marked as being approved and
certified as “basic” by the building official;
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5 Fee Resolution
(ii) Bear the author’s (including, but not limited to,
architect, engineer, or others) acknowledgment and approval of the plans
submitted for use in the construction of a number of buildings, without any
limitation of quantity or location. If any portion is designed by a licensed
architect or engineer, this acknowledgment will bear the author’s stamp
and signature.
(iii) Basic plan review fees will apply only to detached
single family residential buildings and will apply only to the originating
owner or applicant.
(iv) Changes to basic plans that alter the exterior
dimensions or structure of the building will be treated as a new permit
application.
b. The process for administering basic plans will be as
follows:
(i) Any person may apply for plan review and
certification of a basic plan by filing an application for basic plan review and
certification, along with two (2) or more complete sets of plans and the
standard plan review fee.
(ii) Upon completion and approval of plan review, the
applicant will provide reproducible copies of complete, approved plans to
the building official.
c. The city’s building official is authorized and empowered
to interpret and determine the applicability and administration of the
provisions of this section.
SECTION 6. - International Mechanical Code – Mechanical permit
and plan review fees. Pursuant to KCC Section 14.01.090, the fees to be
assessed for mechanical permits issued for the installation of mechanical
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6 Fee Resolution
equipment under the International Mechanical Code or the International
Residential Code, as may be applicable, will be as set forth in Exhibit D,
with the following modifications:
1. Standard plan review fees. Whenever construction
documents, as defined in the International Mechanical Code or the
International Residential Code, are submitted for review pursuant to section
106 of the International Mechanical Code or section R106 of the
International Residential Code, a plan review fee equal to twenty-five (25)
percent of the mechanical permit fee will be assessed.
SECTION 7. - Uniform Plumbing Code – Plumbing permit and plan
review fees. Pursuant to KCC Section 14.01.090, the fees to be assessed
for plumbing permits issued for the installation of plumbing equipment
under the Uniform Plumbing Code or the International Residential Code, as
may be applicable, will be as set for in Exhibit E, with the following
modifications:
1. Whenever construction documents, plans, specifications,
engineering calculations, diagrams or other data are submitted for review
pursuant to section 103 of the Uniform Plumbing Code or section R106 of
the International Residential Code, a plan review fee equal to twenty-five
(25) percent of the plumbing permit fee will be assessed.
SECTION 8. – Construction, Land Use and Development Fees.
Pursuant to chapters 6.03, 6.06, 6.07, 7.02, 7.04, 11.06, 12.01, and other
authorizations elsewhere in the Kent City Code, the applications, permits,
approvals, review, inspection and other fees for various construction, land
use and development actions will be as shown in Exhibit F.
SECTION 9. Annual Consumer Price Index (CPI) Adjustment. On
the first day of each calendar year, all fees, rates and charges established
in this resolution will adjust by the Consumer Price Index (CPI), specifically
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7 Fee Resolution
the CPI-W Seattle-Tacoma-Bremerton, measured from June 1 through June
1, if the CPI-W reflects an upward adjustment from the previous annual
June to June period. This section and its related CPI adjustments will not
apply, however, to any Section 1 Business License fees and Section 2
Permit Technology fees.
SECTION 10. Repealer. Resolution No. 1902 1939 is hereby
repealed in its entirety; provided, however, that Resolution No. 19021939,
and the fees established by that resolution, will remain in full force and
effect until March January 1, 2017.
SECTION 11. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, that decision will not affect the validity of the
remaining portions of this resolution.
SECTION 13. - Effective Date. This resolution will take effect and
be in force on January 1, 2017.
PASSED at a regular open public meeting by the city council of the city
of Kent, Washington, this 13th day of December, 2016.
CONCURRED in by the mayor of the city of Kent this 13th day of
December, 2016.
SUZETTE COOKE, MAYOR
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8 Fee Resolution
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
______ passed by the city council of the city of Kent, Washington, the
________ day of ____________________, 2016.
KIMBERLEY A. KOMOTO, CITY CLERK
P:\Civil\Resolution\Fee Resolution 2017-With Clean Exhibits.docx
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Exhibit A
Technology Fee Exceptions
Excluded from technology fees:
1. Fire permit fees for fireworks stands or displays;
2. Appeals;
3. Code text amendments, comprehensive plan map or text
amendments, pre-application conferences, public notice boards and zone
map amendments (rezones) under Exhibit “F” of this resolution; and
4. Fees listed under “Other inspections and Fees” in Exhibits “B,”
“C,” “D,” and “E” of this resolution, except that a technology fee will be
assessed and collected for each Adult Family Home licensing inspection
under Exhibit “C.”
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Exhibit “B”
City of Kent Fire Permit Fees
Permit Issuance Fees: Fee
Issuance of each annual operational permit under the fire code
Hazardous Materials or High-piled storage permits $276.05
All other permits $138.02
Issuance of each annual fire protection system permit, per building $163.15
Issuance of a residential home heating fuel tank removal permit, per
application $307.44
Issuance of a fireworks permit for a fireworks display, per application $189.78
* rate fixed by state regulations
Development Plan Review and Permit Fees: Fee
Fire Prevention Construction Permits-
Plan Review Fee 65% of permit fee
Permit Fee Per Permit Fee Valuation Table
Total Value of Project Permit Fee
$1.00 to $500.00 $105.65
$501.00 to $2,000.00 $105.65 for the first $500.00, plus $13.78 for each additional $100.00, or fraction
thereof, to and including $2,000.00.
$2,001.00 to $25,000.00 $312.39 for the first $2,000.00, plus $63.06 for each additional $1,000.00, or fraction
thereof, to and including $25,000.00.
$25,001.00 to $50,000.00 $ 1,762.51 for the first $25,000.00, plus $45.50 for each additional $1,000.00, or
fraction thereof, to and including $50,000.00.
$50,001.00 to $100,000.00 $ 2,900.39 for the first $50,000.00, plus $31.55 for each additional $1,000.00, or
fraction thereof, to and including $100,000.00.
$100,001.00 to $500,000.00 $ 4,477.54 for the first $100,000.00, plus $25.28 for each additional $1,000.00, or
fraction thereof, to and including $500,000.00.
$500,001.00 to $1,000,000.00 $14,589.33 for the first $500,000.00, plus $23.96 for each additional $1,000.00, or
fraction thereof, to and including $1,000,000.00.
$1,000,001.00 and up $26,564.11
Review of Building Permits
Single-Family Plan Review 42.7% of the building permit fee
Commercial Plan Review 58% of the building permit fee
Review of Land Use Applications-
Boundary Line Adjustment $231.53
Binding Site Plan $379.57
Short Subdivision $379.50
Other Site Plan Reviews $186.00
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Exhibit “B” - Continued
City of Kent Fire Permit Fees
Preliminary Plat $1,256.36
Residential Variances $148.04
Other Project Approvals $223.94
SEPA Checklist $269.49
SEPA Checklist as Part of a Project $136.64
Requiring Hearing Examiner Approval $402.36
Other Inspections and Fees: Fee
Each hydrant flow request (Two hour minimum) $173.17 per hour
Initial fire and life safety inspection for new business, per application $135.52
Inspections outside of normal business hours (Two hour minimum
charge) $173.17 per hour
Additional inspections required:
when a construction inspection is not complete or fails to pass
inspection;
when required corrections on an operational permit or fire
inspection system permit have not been corrected by the second
inspection;
when work is not accessible;
when work is not ready by scheduled inspection time;
when the construction permit or approved plans are not made
readily available;
when the project requires multiple inspections for phased
construction;
when requesting Temporary Certificate of Occupancy (TCO) or
Certificate of Occupancy (CO) approval; or
when requesting inspections required for licensing and/or
certifications.
(One hour minimum charge). $173.17 per hour
Additional plan review required by:
re-submittals*,
changes,
deferred submittals,
additions, or revisions to plans.
*One re-submittal will be included in the plan review fee.
(One hour minimum charge) $173.17 per hour
Hazardous material inventory statement, management plan, or
facility closure plan review and approval.
(Two hour minimum charge) $173.17 per hour
Code Modification or Alternative Materials and Methods Request
(Three hour minimum charge) $173.17 per hour
Appeal filing fee $402.36
Penalty Fees: Fee
Failing to mark or maintain the marking of a designated fire lane. $250.03
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Exhibit “C”
City of Kent Building Permit Fees
Total valuation determined
by building official Permit Fee Assessed
$1.00 to $500.00 $32.7237.24
$501.00 to $2,000.00 $32.7237.24 for the first $500.00, plus $4.804.85 for each additional
$100.00, or fraction thereof, to and including $2,000.00.
$2,001.00 to $25,000.00 $110.05109.94 for the first $2,000.00, plus $21.5622.24 for each
additional $1,000.00, or fraction thereof, to and including $25,000.00.
$25,001.00 to $50,000.00 $621.91621.30 for the first $25,000.00, plus $15.5616.04 for each
additional $1,000.00, or fraction thereof, to and including $50,000.00.
$50,001.00 to $100,000.00 $1,023.451,022.45 for the first $50,000.00, plus $10.7811.12 for each
additional $1,000.00, or fraction thereof, to and including $100,000.00.
$100,001.00 to $500,000.00 $1,579.921,578.28 for the first $100,000.00, plus $8.648.91 for each
additional $1,000.00, or fraction thereof, to and including $500,000.00.
$500,001.00 to $1,000,000.00 $5,147.205,142.17 for the first $500,000.00, plus $7.287.51 for each
additional $1,000.00, or fraction thereof, to and including $1,000,000.00.
$1,000,001.00 and up $8,904.538,895.81 for the first $1,000,000.00, plus $4.865.01 for each
additional $1,000.00, or fraction thereof.
Other Inspections and Fees:
For inspections outside of normal business hours and Adult Family
Home licensing inspections (minimum charge – two hours) .................. $ 136.63136.50 per hour
Reinspection fees assessed when work for which an inspection is
requested is not complete, when required corrections have not been
made, when work is not accessible, or when the permit or approved plans
are not made readily available ............................................................... $ 136.63136.50 per hour
Additional plan review required by changes, deferred submittals,
additions, or revisions to plans ............................................................... $ 136.63136.50 per hour
Investigation fee when work is commenced prior to obtaining required
Building, mechanical, or plumbing permit ....................................................... 100% of permit fee
Appeal filing fee ..................................................................................................... $317.43317.14
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Exhibit “D”
City of Kent Mechanical Permit Fees
Permit Issuance Fees:
1. For the issuance of each mechanical permit ................................................ $42.8742.82
2. For issuing each supplemental permit for which the original permit has not
expired, been canceled, or finalized ...................................................................... $13.38
Unit Fee Schedule:
1. For each forced-air or gravity-type furnace or boiler, including ducts and vents
attached, up to and including 100,000 Btu/h (29.3 kW) ............................... $33.3426.78
2. For each forced-air or gravity-type furnace or boiler, including ducts and vents
attached, over 100,000 Btu/h (29.3 kW) ...................................................... $45.3334.78
3. For each floor furnace, suspended heater, recessed wall heater or floor-mounted
heater, including vent ................................................................................... $32.8326.78
4. For each appliance vent not included in an appliance permit ...................... $14.8413.38
5. For repair of, alteration of, or addition to each heating appliance, refrigeration
unit, cooling unit, absorption unit, or each heating, cooling, absorption, or
evaporative cooling system, including controls, regulated by the mechanical
code or residential code ............................................................................... $24.9025.42
6. For each boiler or compressor:
to and including 3 horsepower (10.6 kW), or each absorption
system to and including 100,000 Btu/h (29.3 kW)........................... $26.8126.78
over 3 horsepower (10.6 kW) to and including 15 horsepower
(52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW)
to an including 500,000 Btu/h (146.6 kW) ....................................... $49.5549.51
over 15 horsepower (52.7 kW) to and including 30 horsepower
(105.5 kW), or each absorption system over 500,000 Btu/h (293.1 kW)
to and including 1,000,000 (293.1 kW) ........................................... $68.3168.24
over 30 horsepower (105.5 kW) to and including 50 horsepower
(176 kW), or each absorption system over 1,000,000 Btu/h
(293.1 kW) to and including 1,750,000 (512.9 kW) ..................... $101.79101.68
over 50 horsepower (176 kW) or each absorption system over
1,750,000 Btu/h (512.9 kW) ........................................................ $170.10169.93
7. For each air-handling unit to and including 10,000 cubic feet per minute
(cfm) (4,719 L/s), including ducts attached thereto, which is not a portion
of factory assembled appliance or unit for which a permit is required ......... $20.0920.06
over 10,000 cfm (4,719 L/s) ............................................................ $45.3334.78
8. For each evaporative cooler other than portable type .................................. $20.0920.06
9. For each ventilation fan connected to a single duct ..................................... $13.3913.38
10. For each ventilation system which is not a portion of any heating or
air-conditioning system authorized by a permit ............................................ $20.0920.06
11. For each hood served by mechanical exhaust, including the ducts
for such hood ................................................................................................ $20.0920.06
12. For each domestic-type incinerator .............................................................. $45.3334.78
13. For each commercial or industrial-type incinerator ...................................... $26.8126.78
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Exhibit “D” - Continued
City of Kent Mechanical Permit Fees
Unit Fee Schedule (cont.):
14. For each mechanical appliance or piece of equipment regulated by the
mechanical code or the residential code, not classed in other appliance
categories, or for which no other fee is listed in this table ........................... $20.0920.06
15. For each fuel gas or fuel oil piping system of one to five outlets ................. $10.7210.70
16. For each additional piping system outlet, per outlet ................................................ $4.01
Other Inspections and Fees:
For inspections outside of normal business hours
(minimum charge – two hours) ............................................................... $136.63136.50 per hour
Reinspection fees assessed when work for which an inspection is
requested is not complete, when required corrections have not been
made, when work is not accessible, or when the permit or approved plans
are not made readily available ............................................................... $136.63136.50 per hour
Additional plan review required by changes, deferred submittals,
additions, or revisions to plans ............................................................... $136.63136.50 per hour
Investigation fee when work is commenced prior to obtaining required
building, mechanical, or plumbing permit ....................................................... 100% of permit fee
Appeal filing fee ..................................................................................................... $317.43317.14
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Exhibit “E”
City of Kent Plumbing Permit Fees
Permit Issuance Fees:
1. For the issuance of each plumbing permit ................................................... $37.5037.46
2. For issuing each supplemental permit for which the original permit has not
expired, been canceled or finalized ............................................................. $20.0920.06
Unit Fee Schedule:
1. For each plumbing fixture on one trap or a set of fixtures on one trap, including water, drainage
piping and backflow protection therefore ..................................................... $13.3913.38
2. For each building sewer and each trailer park or mobile home park sewer $26.5126.78
3. Rainwater systems-per drain (inside building) ............................................ $13.3913.38
4. For each water heater and/or vent ............................................................... $13.3913.38
5. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type
grease interceptors functioning as fixture traps ........................................... $13.3913.38
6. For each installation, alteration or repair of water piping and/or water treating equipment, each
..................................................................................................................... $13.3913.38
7. For each repair or alteration of drainage or vent piping, each fixture .......... $13.3913.38
8. For each lawn sprinkler system on any one meter including backflow protection devices therefore
..................................................................................................................... $13.3913.38
9. For atmospheric-type vacuum breakers not included in item 8:
1 to 5 vacuum breakers .................................................................. $10.7210.70
over 5 vacuum breakers, each ............................................................ $3.984.01
10. For each backflow protective device other than atmospheric-type vacuum breakers:
2 inch (51 mm) diameter or smaller ................................................ $13.3913.38
over 2 inch (51 mm) diameter ......................................................... $26.5126.78
11. For each graywater or reclaimed water system ........................................... $74.9275.66
12. For each medical gas piping system for a specific gas:
1 to 5 inlets/outlets ....................................................................................... $92.4292.33
over 5 inlets/outlets, each ............................................................................ $10.7210.70
Other Inspections and Fees:
For inspections outside of normal business hours
(minimum charge – two hours) ............................................................... $136.63136.50 per hour
Reinspection fees assessed when work for which an inspection is
requested is not complete, when required corrections have not been
made, when work is not accessible, or when the permit or approved plans
are not made readily available ................................................................ $136.63136.50 per hour
Additional plan review required by changes, deferred submittals,
additions, or revisions to plans ................................................................ $136.63136.50 per hour
Investigation fee when work is commenced prior to obtaining required
building, mechanical, or plumbing permit ........................................................ 100% of permit fee
Appeal filing fee ................................................................................................... $317.43T317.14
18
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 1
Permit Application Type
Planning
Fee
Development
Engineering
Fee
Public
Works
Fee Total Fees Notes
Accessory Dwelling Unit $93 $0 $0 $93 (1)
Administrative Determination Letter $174 $0 $0 $174
Appeal of Administrative Interpretation /
Decision $372 $0 $0 $372
Appeal of SEPA Determination $372 $0 $0 $372
Appeal of Short Plat $372 $0 $0 $372
Binding Site Plan - Preliminary $932 $3,370 $0 $4,303
Binding Site Plan Modification $558/$745 $936 $0 $1,494/$1,681 (2)
Code Text Amendment $932/$2,795 $0 $0 $932/$2,795
(10)
(11)
Combining Districts $2,796 $0 $0 $2,796 (10)
Comprehensive Plan Map Amendment $2,796 $0 $0 $2,796 (10)
Comprehensive Plan Text Amendment $2,796 $0 $0 $2,796 (10)
Concept Meeting Review No charge No charge No charge
Conditional Use $3,726 $936 $0 $4,662 (13)
Document Recording Fees Actual cost $0 $0 Actual Cost (20)
Downtown Design Review $371/$932 $94/$187 $0 $466/$1,119
(3)
(14)
Fee Deferral Lien $248 $0 $0 $248 (18)
Hearing Examiner-Conduct of Hearing and
Preparation of Decision Actual cost $0 $0 Actual cost (16)
Hourly rate $114 $114 $148 N/A
Lot Line Adjustment $558 $749 $757 $2,064
Lot Line Elimination $186 $187 $189 $563
Mixed Use Design Review $932 $187 $0 $1,119 (14)
Multi-Family Design Review
$932 +
$19/unit $187 $0
$1,119 +
$19/unit (14)
Multi-Family Dwelling Tax Exemption -
Application $1,000 $0 $0 $1,000
Multi-Family Dwelling Tax Exemption - Final
Application $1,000 $0 $0 $1,000 (17)
Multi-Family Tax Exemption Appeal -
Conditional, Final, Extension $372 $0 $0 $372
Multi-Family Tax Exemption Extension of
Conditional Certificate $50 $0 $0 $50
Multi-Family Tax Exemption – Contract
Amendment $500 $0 $0 $500
Planned Unit Development Plan
$4,658 +
$87/unit $6,929 $0
$11,587 +
$87/unit
Planned Unit Development Plan Modification $464/$1,397$ $375/$1,498 $0 $839/$2,895 (4)
19
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 1
Permit Application Type
Planning
Fee
Development
Engineering
Fee
Public
Works
Fee Total Fees Notes
Plat Modification/Alteration
Minor/Major
Minor: ¼ of plat fee
Major: ½ of plat fee
Minor: ¼ of
plat fee
Major: ½ of
plat fee (15)
Pre-Application Conference $465 $0 $0 $465
Public Notice
Actual cost of
publication
(21)
Public Notice Board $186 $0 $0 $186 (5)
SEPA Checklist $465/$1,304 $558/$936
$0 $1,023/
$2,240 (6)
SEPA Modification $141/$465
$94/$187 $0 $235/$65
2 (7)
SEPA Exempt Determination $174 $0 $0 $174
SEPA Environmental Impact Statement $3,725 + deposit
$0
$0
$3,725 +
deposit (8)
Shoreline Conditional Use $2,235 $538 $0 $2,773 (13)
Shoreline Exempt Determination $372 $187 $0 $559
Shoreline Substantial Development $1,864 $562 $0 $2,426
Shoreline Variance $1,397 $562 $0 $1,959 (13)
Short Plat (2-4 lots) – Preliminary Plat $1,397
$1,873
$0
$3,270
Short Plat (5-9 lots) - Preliminary Plat $3,725 + $93/lot $3,370
$0
$7,095 +
$93/lot
Short Plat - Final Plat or Final Binding Site
Plan $2,795 + $38/lot
$1,873 $1,512
$6,180 +
$38/lot
Sign Permit $280 $94 $0 $374 (19)
Special Home Occupation Permit $558 $0 $0 $558 (13)
Subdivision - Preliminary Plat $6,521 + $93/lot $6,929 $0
$13,450
+ $93/lot
Subdivision - Final Plat $3,728 + $38/lot $5,056
$4,526
$13,310
+ $38/lot
Temporary Use $57
$57
$0
$114
Temporary Sign $141 $0 $0 $141
Variance - Administrative $558 $187 $0 $745
Variance - Single Family Dwelling $558 $94 $0 $652 (13)
Variance - Sign & Other than Single
Family Dwelling $3,726 $1875 $0 $3,913 (13)
WTF Administrative Permit $558 $0 $0 $558
WTF Conditional Use $3,726 $375 $0 $4,101
Zone Map Amendment (Rezone) $3,726 $0 $0 $3,726 (10)
Zoning Permit / Site Plan Review $47/$94/value
$47/$94/valu
e $0
$94/$188
/value
(12a-
12e)
(14)
20
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 1
TABLE 1 NOTES:
Two (2) re-submittals of the plans are included with the review fees described in
Table 1. Additional re-submittal reviews, whether attributed to the application’s
action or inaction, shall be charged at the hourly rate listed in Table 1.
(1) The fees are applicable for an attached accessory dwelling unit, an interior
accessory dwelling unit or for a detached accessory dwelling unit in a single-
family residential zone. The fee includes the cost of the Planning Services
Office recording of the accessory dwelling unit covenant documents with King
County. An accessory living quarters in a commercial or industrial zone is
subject to the applicable construction value-based fee.
(2) Any changes to an approved, but unrecorded Binding Site Plan is subject to
the $558 fee for a modification to a Binding Site Plan. Any changes to a
recorded Binding Site Plan are subject to the $745 fee for a modification to a
Binding Site Plan.
(3) The planning $371 and engineering $94 review fees are applicable to minor
alterations and improvements. The planning $932 and engineering review
$187 fees are applicable to all new buildings, redevelopment, and major
alterations and improvements.
(4) Any minor change to an approved Planned Unit Development Plan is subject
to the planning $464 and engineering review $375 fees for a modification.
Any major change to an approved Planned Unit Development Plan is subject
to the planning $1,397 and engineering review $1,498 fees for a
modification.
(5) The Planning Director has the authority to change this fee as needed to cover
City expenditures.
(6) The planning $465 and engineering review $558 fees are applicable only to
SEPA review of construction of one single family dwelling on an individual
parcel. All other SEPA checklist applications are subject to both the planning
$1,304 fee and the engineering review $936 fee.
(7) The planning $141 and engineering review $94 fees are applicable only to
modifications to a SEPA determination for one single family dwelling on an
individual parcel. All other modifications to a SEPA determination are subject
to the planning $465 and engineering review $187 fees.
(8) $3,725 fee plus a deposit, equal to the estimated cost of contract services
necessary to complete the EIS process, must be submitted to the city.
21
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 1
(9) Deleted.
(10) Application requires public hearings. If multiple permit applications which
require the same hearing procedure are submitted at the same time, the
applicant will be charged the full fee for the permit application with the
highest fee and 50% of the established fee for each of the other permits
eligible for a consolidated review and hearing.
(11) The $932 fee is applicable to amendments to Single Family Residential zones
only. Amendments to all other zoning districts or sections of the zoning code
are subject to the $2,795 fee.
(12) a) The $47 fee is applicable for Minor Single Family Dwelling Construction
on an existing dwelling such as a deck, minor addition of less than
25% of existing floor area, interior remodel or accessory building of
500 square feet or less on the same lot as the existing dwelling. The
Development Engineering review fee for the site plan review for these
permits is $47.
b) The $94 fee is applicable for Major Single Family Dwelling Construction
on an existing dwelling such as major addition of more than 25% of
existing floor area or an accessory building of more than 500 square
feet on the same lot as the existing dwelling. The Development
Engineering review fee for the site plan review for these permits is
$94.
c) All new single family dwelling construction in a residential zone is
subject to the following fee schedule:
Building Services Planning Engineer Eng.
Construction Valuation Fee Review Insp.
Fee Fee
$0 - $74,999 ................................... $ 93 $93 $148
$75,000-$124,999 ........................... $186 $186 $148
$125,000 - $224,999 ....................... $371 $371 $148
Over $225,000 ................................ $558 $558 $148
d) All new buildings, tenant improvements, and accessory living quarters
in a commercial or industrial zone and other construction and
22
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 1
development activity, other than single family dwelling construction, is
subject to the following fee schedule:
Building Services Planning Engineer Eng.
Construction Valuation Fee Review Insp. Fee Fee
$0 - $99,999 ................................... $620 $620 $74
$100,000-$249,999 ......................... $1,238 $1,238 $74
$250,000 - $499,999 ....................... $1,858 $1,858 $74
$500,000 - $999,999 ....................... $2,476 $2,476 $74
$1,000,000 - $4,999,999 .................. $3,714 $3,714 $74
$5,000,000 - $10,000,000 ................ $4,954 $4,954 $74
Over $10,000,000 ............................ $6,192 $6,192 $74
e) The zoning permit fee for those development projects for which no
building permit is required but which requires site plan review and a
zoning permit, shall be based on the value of the proposed
development to be undertaken. The value of the proposed
construction/ development shall be determined based on professional
estimates by a licensed engineer, architect, landscape designer or
contractor. These estimates may include, but are not limited to, grade
and fill of the site, paving, placement of utilities, lighting, landscaping,
and other site improvements. The combined total of the cost
estimates for all development on the site shall be the established value
basis for the zoning permit fee [as listed in 12c or 12d categories
above as appropriate].
(13) Application requires a public hearing before the Hearings Examiner. If
multiple permit applications which require a Hearing Examiner decision are
submitted at the same time, the applicant will be charged the full fee for the
permit application with the highest fee and 50% of the established fee for
each of the other permits eligible for a consolidated review and hearing.
(14) Application fees may be reduced by 75% if the application is for a mixed-use
building. Fee reduction applies to site plan review/zoning permit, mixed use
design review, multi-family design review and downtown design review. Fee
waivers do not apply to SEPA, short plat, subdivision or other permit
requests associated with the development of a site, nor does fee reduction
apply to mixed use development where the commercial and residential uses
are not located within the same building.
(15) Plat alteration fees are determined after review whether the changes
requested are minor or major. A minor change is done administratively and
the fee is 25% of the cost of the original preliminary plat fee. A major
23
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 1
change requires a public hearing or meeting and the fee is 50% of the cost of
the original preliminary plat fee. A public notice board is required for a major
alteration.
(16) For applications that require a public hearing before the city’s Hearing
Examiner, the project applicant is responsible for 100% of the Hearing
Examiner’s hourly fee and associated expenses. Payment in full shall be
submitted to the City prior to release of the Hearing Examiner’s decision.
This requirement shall not apply to appeal hearings.
(17) These funds are distributed to the King County Assessor’s Office by the City.
(18) A fee deferral lien may be recorded in lieu of transportation, fire and school
impact fees for building permits associated with single family residential
homes built for resale, consistent with the requirements of Kent City Code
12.20.
(19) The engineering fee only applies to freestanding signs, not wall mounted
signs.
(20) The applicant shall pay all document recording fees charged by King County,
and all administrative fees charged by the title company for processing.
Payment in full shall be submitted to the City before documents are sent for
recording.
(21) For applications that require public notice, the applicant shall reimburse the
City for 100% of publication and mailing costs. Reimbursement shall be paid
to the City prior to issuance of the final decision.
24
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 2
Permit Application Type Review/Intake Fee
Inspection /
Issuance Fee Total Fee Notes
Civil Construction - Non-
Residential
$5,988/$18,900/$57,44
8
$4,633/$14,614/$44,73
3
$10,621/$33,514/$102,1
81 (1a)
Civil Construction - Minor $748/$1,684 $535/$1,426 $1,283/$3,110 (1b)
Civil Construction - Plats $17,964/$34,619 $13,901/$26,911 $31,865/$61,530 (1c)
Civil Construction - Short Plats $2,246/$5,800 $1,604/$5,838 $3,850/$11,638 (1d)
Critical Areas - Reasonable Use
or Variance $2,621 $0 $2,621
Critical Areas - Monitoring
Report $9,4711,030 $0 $1,030 (2a, 2b)
Critical Areas – Delineation
Report Review $2,060 $0 $2,060 (2a, 2c)
Critical Areas – Conceptual
Mitigation Plan $1,873 $0 $1,873 (2a, 2c)
Critical Areas – Final Mitigation
Plan $2,808 $2,140 $4,949 (2a, 2c)
Demolition Permit $375 $357 $731
Deviation Request to
Construction Standards $807 $178 $1,021
Grade and Fill - Major - Tier 1 $749 $1,070 $1,820 (3a)
Grade and Fill - Major - Tier 2 $1,124 $1,426 $2,550 (3a)
Grade and Fill - Major - Tier 3 $1,498 $2,853 $4,352 (3a)
Grade and Fill - Major - Tier 4 $1,873 $4,281 $6,153 (3a)
Grade and Fill - Minor $562 $535 $1,097 (3a)
Grade and Fill - Minor (SF Only) $187 $178 $365 (3b)
Hearing Examiner Actual Cost Actual Cost
(4)
Hourly Rate $114 $148
Recording Fees Actual Cost Actual Cost
(5)
Sewer - Certificate of
Availability $281 $89 $370
Sewer - Permit $94 $446 $539 (6)
Street Cut Permits $375 $535 $909 (7)
Street Use Permits $187 $268 $456
Water - Certificate of
Availability $281 $89 $370
Water - Permit $94 $446 $539
Water Backflow Inspection $0 $178 $178
Backflow Prevention Assembly
Annual Administrative Fee $0 $100 $100
25
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 2
TABLE 2 NOTES:
Two (2) re-submittals of the plans are included with the review fees described in Table
2. Additional re-submittal reviews, whether attributed to the application’s action or
inaction, shall be charged at the hourly rate listed in Table 2.
(1) Civil Construction
a. Applies to work with a construction valuation of $60,000 or greater with
the following sub-categories:
Non-Residential Tier Construction Valuation
Small $60,000 - $199,999
Medium $200,000 - $1,099,999
Large >/= $1,100,000
b. Applies to work, residential or non-residential, with a construction
valuation of less than $60,000. The lower fee applies to work with valuations
less than $20,000.00.
c. The lower fee applies to plats 39 lots and less.
d. The lower fee applies to short plats 4 lots and less.
(2) Critical Areas
(a) Review fees for a single family residential parcel only may be reduced by
25%.
(b) Fee assumes one site visit to verify report findings, one review and one
letter of acceptance from the city. Additional site visits and/or reviews will be billed at
the hourly rate for staff time plus time and materials for city consultant time.
(c) Fee assumes one site visit or review, one re-review and one approval letter
from the city. Additional site visits and/or reviews will be billed at the hourly rate for
staff time plus time and materials for city consultant time.
(3) Grade and Fill
26
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 2
a. The quantities and review thresholds for Grade and Fill permits are as
follows:
Grade and Fill Quantity Cleared or
Disturbed Area
New or Replaced
Hard Surface Tier
0 cy - 49 cy 0 sf - 6,999 sf 0 sf - 1999 sf 0
50 cy - 499 cy 7,000 sf - <3/4 acre 2,000 sf - 4,999 sf Minor
500 cy - 4,999 cy 3/4 ac - <1 ac 5,000 sf - <1 ac 1
5,000 cy - 49,999 cy 1 ac - <2.5 ac 1 ac - <2.5 ac 2
50,000 cy - 99,999 cy 2.5 ac - <5 ac 2.5 ac - <5 ac 3
100,000 cy and larger 5 ac and larger 5 ac and larger 4
b. The Minor Single Family Grade and Fill fees apply to work performed on
one single family residential parcel of 6,999 sf or less only. Short Plats, Plats, and
other projects spanning multiple parcels fall into the other categories.
(4) For applications that require a public hearing before the city’s Hearing Examiner,
the project applicant is responsible for 100% of the Hearing Examiner’s hourly fee and
associated expenses. Payment in full shall be submitted to the City prior to release of
the Hearing Examiner’s decision. This requirement shall not apply to appeal hearings.
(5) The applicant shall pay all document recording fees charged by King
County and all administrative fees charged by the title company for processing.
Payment in full shall be submitted to the City before documents are sent for
recording.
(6) Side sewer permit Inspection / Issuance Fee may be reduced by 50% if the
work is an emergency repair only. New installations, grease interceptors, and similar
work is subject to the full fee listed in the table.
(7) Street Cut Permit Review and Inspection Fees may be reduced by 50% if the
following criteria are met:
a. The location of the work is behind the curb and gutter (if any), or outside
the pavement surface (if no curb and gutter exist), and
b. The size of the disturbed area is 50 square feet or less, and
c. The work is in front of a single family residential zoned parcel only, and
d. There is no traffic control plan required, and
e. The work is not being done by a franchised utility company.
27
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28
INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington, Director
Phone: 253-856-4607
Fax: 253-856-4700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 7, 2017
TO: Operations Committee
FROM: James Endicott, Information Technology Technical Services Manager
SUBJECT: Microsoft Product Licensing – 2017 Enterprise Agreement –
Recommend to Authorize
MOTION: Authorize the Mayor to execute all documents necessary to enter
into a three-year contract with SoftwareOne, the reselling agent for Microsoft
Inc., in the amount not to exceed $367,106.02, to renew the Microsoft
Enterprise Software Agreement, and to ratify all acts consistent with this
motion, subject to final terms and conditions acceptable to the IT Director
and City Attorney.
SUMMARY: The City has a number of Microsoft software products that are licensed
throughout our fleet of desktop, laptop computers, mobile devices and servers that are
covered under an Enterprise Agreement (“EA”). The EA is renewable for three (3)
years through a Value Added Reseller (“VAR”).
The enrollment for the Microsoft product licensing for the City of Kent is covered under
the WA State Vendors Enterprise Agreement. This enrollment covers the time frame of
06/01/2017 – 06/01/2020. The current required amount of $367,106.02 is covered in
the Council approved 2017-2018 biennial budget cycle.
Information Technology staff will be available to answer any questions the committee
might have on this topic.
EXHIBITS: None
BUDGET IMPACT: Council approved the 2017 IT Operating Budget allocation which
adequately covers the associated 2017-2018 cost. Consideration for the remaining one
year will be requested as part of the 2019-2020 budget cycle.
29
Quoted to:City of Kent
Date 1/12/2017 MS EA
renewal
Quantity Part #Description Unit Price Ext. Price
900 AAA-11982
SPE E3 GOV ShrdSvr ALNG SubsVL MVL
PerUsr 311.40$ 280,260.00$
$25.95 per user per month x 12 -$
900 3GU-00001
O365ATPGOV ShrdSvr ALNG SubsVL MVL
PerUsr 18.72$ 16,848.00$
$1.56 per user per month x 12 -$
2 395-02504 ExchgSvrEnt ALNG SA MVL 653.81$ 1,307.62$
2 312-02257 ExchgSvrStd ALNG SA MVL 114.31$ 228.62$
4 7JQ-00343 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic 2,218.84$ 8,875.36$
12 77d-00111 VSProwMSDN ALNG SA MVL 303.47$ 3,641.64$
130 6VC-01254
WinRmtDsktpSrvcsCAL ALNG SA MVL
UsrCAL 21.38$ 2,779.40$
80 9GS-00735
CISSteDCCore ALNG LicSAPk MVL 2Lic
woWinSvrLic CoreLic $266.45 21,316.00$
Processor changed to cores 10 x 16 cores
minimum = 160/2 core licenses -$
-$
-$
-$
-$
-$
-$
-$
-$
Product-total 335,256.64$
Sub-Total 335,256.64$
9.50 Tax 31,849.38$
Shipping No Charge
Quoted by Monte Hunter, Software One, 20875 Crossroads Circle Ste 1, Waukesha, WI 53186-4093
Software Quote
Phone 503-330-3172, monte.hunter@softwareone.com
Important: Please provide the email address of the recipient designated to
receive a Software One "order confirmation"
30
Total 367,106.02$
Pass-Through Warranty and Other Rights. As a reseller, end-user warranties and liabilities (with respect to any third party
software products provided by Software One) shall be provided as a pass-through from the manufacturer of such products.
All software products are subject to the license agreement of the applicable software supplier, as provided with the
software packaging or in the software at time of shipment. Software One provides no independent warranties, indemnities
or liabilities. Public Sector Disclosure: Software One may receive incentive fees for public sector EA transactions.
31
!r Microsoft Volume Licensing
Previous E n roll ment(s)/Ag reement(s) Form
Entity Name: City of Kent
Gontract that this form is attached to: State Local Government
For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate,
Government Partner, lnstitution, or other party entering into a volume licensing program
agreement.
Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s),
and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above.
a. Entity may select below any previous contract(s) from which to transfer MSDN
subscribers to this new contract. Entity shall ensure that each MSDN subscriber
transferred is either properly licensed under the new contract or is removed.
b. Entity may select below only one previous contract from which to transfer the Software
Assurance (SA) Benefit contact details, i.e., benefits contact (nof the SA manager) and
the program codes, to this new contract.
c. An Open License cannot be used to transfer either the SA Benefit details or MSDN
subscribers.
d. The date of the earliest expiring EnrollmenUAgreement that contains SA or Online
Services will be the effective date of the new contract (or SA coverage period for Select
Plus).
e. Please insert the number of the earliest expiring EnrollmenUAgreement with SA or Online
Services in the appropriate fields of the new contract.
Standard Enrollment 7289118
En roll ment/Ag reement/
Purchasing Account/Affiliate
Registration Description
En rollment/Ag reement/
Purchasing Account/Affi liate
Registration Public Customer
Number
Transfer
SA Benefit
Contact
Transfer
MSDN
Subscribers
PrevEnrAgrForm(WW)(ENG )(Ap120 r 6)Page 1 of 1
32
!r tvticrosoft
Program Signature Form
Volume Licensing
MBA/MBSA number
Agreement number 01 E73965
Note: Enter the applicable active numbers associated with the documents below. Microsoft
requires the associated active number be indicated here, or listed below as new.
For the purposes of this form, 'Customer" can mean the signing entity, Enrolled Affiliate,
Government Partner, lnstitution, or other party entering into a volume licensing program
agreement.
This signature form and all contract documents identified in the table below are entered into between
the Customer and the Microsoft Affiliate si as of the effective date identified below
Bysigning below, Customerand the MicrosoftAffiliate agreethat both parties (1) have received, read
and understand the above contract documents, including any websites or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
* indicates required field
E Enrollment nd x20-1 0634
Contract Document Number or Code
Name of Entity (must be legal entity name)* City of Kent
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax lD
Customer
Microsoft Gorporation
Signature
Signature Date
(date Microsoft Affiliate countersigns)
Printed First and Last Name
Printed Title
Agreement Effective Date
(may be different than Microsoft's signature date)
Microsoft Affiliate
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENGXAug201 4)Pagel of2
33
Name of Entity (must be legal entity name)*
Sirrnafrrre*
Printed First and Last Name*
Printed Title
Signature Date*
Customer
Optional 2nd Customer signature or Outsourcer signature (if applicable)
* indicates required field
indicates required field
lf Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments,
include the appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to
Customer's channel partner or Microsoft account manager, who must submit them to the following
address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation
copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6100 Neil Road, Suite 210
Reno, Nevada 8951 1-1137
USA
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Outsourcer
ProgramSignForm(MSSignXNA,LatAm)ExBRA, N¡Ll(ENGXAug201 a)Page 2 of 2
34
!r vticrosoft
Enterprise Enrollment
Volume Licensing
State and Local
Enterprise Enrollment number
(Microsoft to complete)
Previous Enrollment number
(Reseller to conplete)
69770878
7289118
Framework lD
(it applicable)
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature
form as of the effective date. Enrolled Affiliate represents and warrants it is the same C ustome¡ or an
Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature
form
This Enrollment consists of: ('1) these terms and conditions, (2) the terms of the Enterprise Agreement
identified on the signature form, (3) the Product Selection Form, ,(,4).the product Terms, (5) the Online
Services Terms, (6) any Supplemental Contact lnformation Form, Previous AgreemenVEnrollment form,
and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment
may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment,
Enrolled Affiliate agrees to be bound by the terms and eonditions:.o!,:the Enterprise Agreement.
All terms used but not defined are located at http://www.microsoft.com/licensinq/contracts. ln the event of
any conflict the terms of this Agreement control.
Effective date. lf Enrolled Affiliate is renewing Softvr¡are Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day after the first prior
Enrollment or agreement expires or terminates. 'lf this Enrollment is renewed, the effective date of the
renewal term will be the day after the'Expiration Ðate of the initial term. Otherwise, the effective date will
be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the
anniversary of the effective date of the,applicable initial or renewal term for each year this Enrollment is in
effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months
from the effective date of the'initial term. The renewal term will expire 36 full calendar months after the
effective date of the renewal term.
Terms and Conditions
1. D;efinltions.
Terms used'but not defined in this Enrollment will have the definition in the Enterprise Agreement. The
following definitions are used in this Enrollment:
"Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled
Affiliate under this Enrollment.
.Community" means the community consisting of one or more of the following: (1) a Government, (2) an
Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a
Government or a qualified member of the Community, or (3) a Customer with Customer Data that is
subject to Government regulations for which Customer determines and Microsoft agrees that the use of
Government Community Cloud Services is appropriate to meet Customer's regulatory requirements.
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Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government
Community Cloud Service.
"Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the
Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
"Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this
program.
"Expiration Date" means the date upon which the Enrollment expires.
"Federal Agency" means a bureau, office, agency, department or other entity of the United States
Government.
"Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its.*governmental
capacity.
"Government Community Cloud Services" means Microsoft Online Services that are provisioned in
Microsoft's multitenant data centers for exclusive use by or for the Community and offered in accordance
with the National lnstitute of Standards and Technology (NIST) Special Publication 800-145. Microsoft
Online Services that are Government Community Cloud Services are,:designated as such in the Use
Rights and Product Terms.
"lndustry Device" (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (such as a personal computer),
a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs
an industry or task-specific software program (e.9. a oomputer-afded design program used by an architect
or a point of sale program) ("lndustry Program"). The device may include features and functions derived
from Microsoft software or third-party software. lf 'the device performs desktop functions (such as email,
word processing, spreadsheets, database, network or lnternet browsing, or scheduling, or personal
finance), then the desktop functions: (1) may only be used for the purpose of supporting the lndustry
Program functionality; and (2) must be technically integrated with the lndustry Program or employ
technically enforced policies or architecture to operate only when used with the lndustry Program
functionality.
"Managed Device" means any'device on which any Affiliate in the Enterprise directly or indirectly controls
one or more operating system environments. Examples of Managed Devices can be found in the Product
Terms.
"Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and
is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Pro locally (in,,a physical or virtual operating system environment), or (2) a device used to
access a virtual desktop infrastructure ("VDl"). Qualified Devices do not include any device that is: (1)
designated as a seruer and not used as a personal computer, (2) an lndustry Device, or (3) not a
Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g.,
lndustry Device) that is used by or for the benefit of the Enrolled Atfiliate's Enterprise as a Qualified
Devicerfor.all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected.
"Qualified'USer" means a person (e.9., employee, consultant, contingent staff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. lt does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product
Terms.
"Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by
an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement;
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2
"Reserved License" means for an Online Service identified as eligible for true-ups in the Product Terms,
the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any
United States county, borough, commonwealth, city, municipality, town, township, special purpose district,
or other similar type of governmental instrumentality established by the laws of Customer's state and
located within Customer's state's jurisdiction and geographic boundaries.
"Tribal Entity" means a federally-recognized tribal entity performing tribal governmental functions and
eligible for funding and services from the U.S. Department of lnterior by virtue of its status as,,an lndian
tribe.
"Use Rights" means, with respect to any licensing program, the use rights or terms of service for each
Product and version published for that licensing program at the Volume Licensing Site, The Use Rights
supersede the terms of any end user license agreement (on-screen or othenrvise) that aceompanies a
froluct. The Use Rights for Software are published by Microsoft in the Produot Terms. The'Use Rights
for Online Services are published in the Online Services Terms.
"Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site.
Order requiremenús.
a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250
Qualified Users or Qualified Devices. The initial order must,iñclude at least 250 Licenses for
Enterprise Products or Enterprise Online Services.
(¡) Enterprise commitment. Enrolled'Affilíate must order enough Licenses to cover all
Qualified Users or Qualified Devicés, depending on the License Type, with one or more
Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise
Online Services (as long as all Qualified Devices not covered by a License are only used
by users covered with a user License).
(ii) Enterprise Online Services only. lf no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online
Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled
Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has
more restrictive use rights than the version that is current at the start of the applicable initial
or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled
Affiliate's use of that Product during that term.
d' 'Gountry of'usage. Enrolled Affiliate must specify the countries where Licenses will be used
on its initial order and on any additional orders.
ê. Resellers. Enrolled Affíliate must choose and maintain a Reseller authorized in the United
States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be
submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled
Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the
Reseller based on those terms. Throughout this Agreement the term "price" refers to
reference price. Resellers and other third parties do not have authority to bind or impose any
obligation or liability on Microsoft.
Í. Adding Products.
(¡) Adding new Products not previously ordered. New Enterprise Products or Enterprise
Online Services may be added at any time by contacting a Microsoft Account Manager or
Reseller. New Additional Products, other than Online Services, may be used if an order
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is placed in the month the Product is first used. For Additional Products that are Online
Services, an initial order for the Online Service is required prior to use.
(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously
ordered Products other than Online Services may be added at any time but must be
included in the next true-up order. Additional Licenses for Online Services must be
ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in
the Product Terms or (2) included as part of other Licenses.
g. True-up requirements. Enrolled Atfiliate must submit an annual true-up order that accounts
for any changes since the initial order or last order. lf there are no changes, then an update
statement must be submitted instead of a true-up order.
(¡) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the
number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the
time the true-up order is placed and must order additional Licenses for all Qualified
Devices and Qualified Users that are not already covered by existing Licenses, including
any Enterprise Online Services.
(ii) Additional Products. ForAdditional Products that have,been previously ordered under
this Enrollment, Enrolled Atfiliate must determine the maximum number of Additional
Products used since the latter of the initial order, the last true-up order, or the prior
anniversary date and submit a true-up order that accounts for any increase.
(iii) Online Services. For Online Services identified as.eligible for true-up in the Product
Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to
use and payment may be deferred until the next true-up order. Microsoft will provide a
report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its
Reseller. Reserved Licenses will be invoiced retroactively to the month in which they
were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of
Subscription Licenses at the Enrollment anniversary date on a prospective basis if
permitted in the Product Terms, as follows:
1) For Subscription Líoenses that are part of an Enterprise-wide purchase, Licenses
may be reduced .if the total quantity of Licenses and Software Assurance for an
applicable group meets or exceeds the quantity of Qualified Devices and Qualified
Users (if ordering user-based Licenses) identified on the Product Selection Form, and
includes any additional Qualified Devices and Qualified Users added in any prior
true-up orders. Step-up Licenses do not count towards this total count.
2l For Enterprise Online Services that are not a part of an Enterprise-wide purchase,
Lioenses can be reduced as long as the initial order minimum requirements are
maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. lf the License count is reduced to zero, then Enrolled Affiliate's
use of the applicable Subscription License will be cancelled.
lnvoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up
order Enrollment anniversary date and effective as of such date.
(v) Update statement. An update statement must be submitted instead of a true-up order if,
since the initial order or last true-up order, Enrolled Affiliate's Enterprise: (1) has not
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services; and (2) has not increased its usage of Additional
Products. This update statement must be signed by Enrolled Affiliate's authorized
representative.
(vi) True-up order period. The true-up order or update statement must be received by
Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third-
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year true-up order or update statement is due within 30 days prior to the Expiration Date,
and any license reservations within this 30 day period will not be accepted. Enrolled
Affiliate may submit true-up orders more often to account for increases in Product usage,
but an annual true-up order or update statement must still be submitted during the annual
order period.
(vii)Late true-up order. lf the true-up order or update statement is not received when due,
Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and
Subscription License reductions cannot be reported until the following Enrollment
anniversary date (or at Enrollment renewal, as applicable).
h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled
Affiliate may step-up to a higher edition or suite as follows:
(¡) For step-up Licenses included on an initial order, Enrolled Atfiliate may order according to
the true-up process.
(ii) lf step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up
initially by following the process described in the Section titled "Adding new Products not
previously ordered," then for additional step-up Licenses, by following the true-up order
process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents
submitted with or under this Enrollment, by providing notice by email and a reasonable
opportunity for Enrolled Affiliate to object to the corrêction.. Clerical errors include minor
mistakes, unintentional additions and omissions. This provision does not apply to material
terms, such as the identity, quantity or price of a Product ordered.
i. Verifying compliance. Microsoft may, in,its'diseretion anO aìits expense, verify comptiance
with this Enrollment as set forth in the Enterprise Agreement.
3.Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all
Products ordered under this Enrollment will be Level "D" throughout the term of the
Enrollment.
b. Setting Prices. Enrolled'Affilíate's prices for each Product or Service will be established by
its Reseller. EXcept,,for Online Services designated in the Product Terms as being exempt
from fixed priCing, As long as Enrolled Affiliate continues to qualify for the same price level,
Microsoft's prices,for Resellers for each Product or Service ordered will be fixed throughout
the applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are
reestablished at the beginning of the renewal term.
4. Payment,têrms.
For the lnftial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the
applicable Enrollment term. lf an upfront payment is elected, Microsoft will invoice Enrolled Affiliate's
Reseller','in full upon acceptance of this Enrollment. lf spread payments are elected, unless indicated
othen¡vise,'Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first
installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will
be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon
acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and
upfront for all other Licenses.
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5.End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for
Licenses for Products it has used but has not previously submitted an order, except as
otherwise provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Atfiliate can renew
Products by renewing this Enrollment for one additional 36-month term or by signing a new
Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal
order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
Microsoft may make changes to this program that will make it necessary for Customer and its
Enrolled Affiliates to enter into new agreements and Enrollments at renewal.
c. lf Enrolled Affiliate elects not to renew.
(¡) Software Assurance. lf Enrolled Affiliate elects not to renew Software Assurance for
any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order
Software Assurance later without first acquiring a new License with Software Assurance.
(ii) Online Services eligible for an Extended Term. For Online Services identified as
eligible for an Extended Term in the Product Terms, the following options are available at
the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in
accordance with the terms of the Enrollment. An extended term feature that allows
Online Services to continue month-to-month ("Extended Term") for up to one year,
unless designated in the Product Terms to continue until cancelled, is available.
During the Extended Term, Online Services will be invoiced monthly at the then-
current published price as of the Expiration Date plus a 3% administrative fee. lf
Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to
Microsoft at least 30 days prior,to the Expiration Date.
2l Cancellation during Extended Term. At any time during the first year of the
Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a
notice of cancellation to Microsoft for each Online Service. Thereafter, either party
may terminate the Extended Term by providing the other with a notice of cancellation
for each Online Service. Cancellation will be etfective at the end of the month
following 30 days after Microsoft has received or issued the notice.
(iii) Subscription Licenses and Online Services not eligible for an Extended Term. lf
Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as
of the Expiration Date. Any associated media must be uninstalled and destroyed and
Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written
certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the
"Termination for cause" section of the Agreement. ln addition, it shall be a breach of this, Enrollrnent if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government
Copmunity Cloud Services fails to meet and maintain the conditions of membership in the
definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the "Early
Termination" Section of the Enterprise Agreement.
For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an
Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount
paid in advance for the period after termination.
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6.G overn ment Co m m u nity CIo u d.
a. Community requirements. lf Enrolled Affiliate purchases Government Community Cloud
Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use
Government Community Cloud Services solely in its capacity as a member of the Community
and, for eligible Government Community Cloud Services, for the benefit of end users that are
members of the Community. Use of Government Community Cloud Services by an entity
that is not a member of the Community or to provide services to non-Community members is
strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for
Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that
only Community members may use Government Community Cloud Services.
b. All terms and conditions applicable to non-Government Community Cloud Services also
apply to their corresponding Government Community Cloud Services, except as otherwise
noted in the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and
corresponding non-Government Community Cloud Services in the same domain.
d. Use Rights for Government Gommunity Gloud Services. For Government Community
Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(¡) Government Community Cloud Services will be offered only within the United States.
(ii) Additional European Terms, as set forth in the Use Rights, will not apply.
(iii) References to geographic areas in the Use Rights with respect to the location of
Customer Data at rest, as set forth in the Use Rights, refer only to the United States.
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I
Enrollment Details
En ro I I ed Affi I i ate's Enterp ri se.
a. ldentify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's
Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of
Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial
entities. Check only one box in this section. lf no boxes are checked, Microsoft will deem the
Enterprise to include the Enrolled Affiliate only. lf more than one box is checked, Microsoft
will deem the Enterprise to include the largest number of Atfiliates:
tr Enrolled Atfiliate only
tr Enrolled Affiliate and allAffiliates
tr Enrolled Atfiliate and the following Affiliate(s) (Only identify specific affiliates to be included
if fewer than all Affiliates are to be included in the Enterprise):
tr Enrolled Affiliate and allAffiliates, with following Affiliate(s) excluded
b.Please indicate whether the Enrolled Atfiliate's Enterpr,jse will
acquired after the start of this Enrollment: Exclude future Affiliates
include all new Affiliates
2. Contact information.
Each party will notify the other in writing if any of the.information in the following contact information
page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled
Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Atfiliates, and
other parties that help administer this Enrollment, The personal information provided in connection with
this Enrollment will be used and protected in accordance with the privacy statement available at
https://www. m icrosoft . comilicensi n glservicecenter.
a' Primary contact" This.contact is the primary contact for the Enrollment from within Enrolled
Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing
Service Center and may grant online access to others. The primary contact will be the default
contact for all purposes unless separate contacts are identified for specific purposes
Name of entity (must be legal entity name)* City of Kent
Contact,name* First James Last Endicott
Contact email address* jendicott@kentwa.gov
Street address* 220 Fourth Ave S
Gity* Kent
State/Province* WA
Postal code* 98032-5838-
(For U.S. addresses, please provide the zip + 4, ê.g. xxxxx-xxxx)
Country* United States
Phone* 253-856-4620
Tax lD
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual
notices, (2) is the Online Administrator for the Volume Licensing Service Center and may
grant online access to others, and (3) is authorized to order Reserved Licenses for eligible
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Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up
order.
E Same as primary contact (default if no information is provided below, even if the box is not
checked).
Contact name* First James Last Endicott
Gontact email address* jendicott@kentwa. gov
Street address* 220 Fourth Ave S
City* Kent
State/Province* WA
Postal code* 98032-5838-
(For U.S. addresses, please provide the zip + 4, ê.g. xxxxx-xxxx)
Country* United States
Phone* 253-856-4620
Language preference. Choose the language for notices. English .
tr This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives
personally identifiable information of the Customer and its Affiliates.* indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services
ordered under the Enrollment and (for applicable Online Services) to add or reassign
Licenses and step-up prior to a true-up order.
n Same as notices contact and Online Administrator (default if no information is provided
below, even if box is not checked)
Contact name*: First James Last Endicott
Gontact email address* jendicott@kentwa. gov
Phone* 253-856-4620
tr This contact is from a third party organization (not the entity). Warning: This contact
receives personally identifiable information of the entity.
indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:
Reseller company'name*.SoftwareONE, lnc.
Street address (PO boxes will not be acceptedl. 20875 Crossroads Circle, Suite I
City* Waukesha
State/Province* W
Postal code* 531 86:4093
Country*':þnited States
Conlact nâ-me* MS* Admin
Phone* 262'317-5555
Gontact.êmail address* ms-admin. us@softwareone. com
ning below, the Reseller identified above confirms that all information provided in this
llment is correct.
* indicates required fields
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Signature*
Printed name*
Printed title*
Date*
E420 1 6EnrGov(US)SLG(ENG)(Nov201 6)
43
e.
3. Financing elections.
ls a purchase under this Enrollment being financed through MS Financin
lf a purchase under this Enrollment is financed through MS Financin
to finance any associated taxes, it must pay these taxes directly to
Changing a Reseller. lf Microsoft or the Reseller chooses to discontinue doing business
with each other, Enrolled Affiliate must choose a replacement Reseller. lf Enrolled Affiliate or
the Reseller intends to terminate their relationship, the initiating party must notify Microsoft
and the other party using a form provided by Microsoft at least g0 days prior to the date on
which the change is to take effect.
lf Enrolled Affiliate requires a separate contact for any of the following, attach the
Supplemental Contact lnformation form. Otherwise, the notices contact and Online
Ad m i n istrato r re m ai n s th e d efa u lt.
(¡) Additional notices contact
(ii) Soffware Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact
YêS,tr No.
Affiliate chooses not
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45
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46
$TÅTg CIF WASHINçTON
DTPARTL¡ENT OF ËNTTRPRISg $ËRVICËS
19At Jalfsrçon sd¡ûûl 5Ê, Qlyn\ptn, l\t^ .Jrj5Q1
Amendment 14-01
To
Contract ï11-MST-579
For CompuCom Systems
Reseller of Microsoft Produsts and Services
This Amendment 14-01 to Agreement Number Tll-MST-57g ("the Contract") is entered into by and
between the State of Washington, Depertment of Enterprke Services ("DES"} and CompuCom Systems,
lnc. ("Vendo/' or "CompuCom").
WHEREA$ the parties previously entered ¡nto the Contract fior the purchase of Microsoft Products and
Associated Services with an Effective Date of May 1, 2011;
WHEREAS, effect¡ve October l,20t1,The Department of lnformation Services (DlS) reorganized into the
Department of Enterprise Services (DESI. All reference{s}to "Department of lnformation Services" or
*DlS" are hereby replaced by "Department of Enterprise Services" or "DES" respectlvely.
NOW THEREFORE, pursuant to Section 25 of the Contract the parttes agree to amend as follows:
I Transfer Contract activitv oreviouslv coEducted bv DES to_'S¡!@gflgÌ
1. By signing this Amendment, each party hereby consents to this Arnendment and recognizes that
treater direct Customer contact will occur.
ll Pricins, lnvoice, and Pavment.
1. The pricing discount structure, as detailed in Section 4.1 of the Contract is revised ;
Enterprise and Select
License Discount from Level D
Licensing Pool (all product llcensing available under
Microsoft EA and Select (includes 5A)) and all media
78.íYo
2, Vendor agrees to develop, malntain ond moke avalloble; o complete p¡ícing sùedule
¡eflecting the discounts noted above ond provlde the DES ConÛøA Admlnistralot a llnk that
can be made available thrcugh the DES websíte. This.prlce sdtedule ls to be updated in concert
wlth changes ao the monulacturefs prìce lìst.
47
Amendment 14-01
to
Contract T11-MST-S79
3. A new Section 4.4 shollbe added
Vendor sholl provide the DES Purchaslng Controd Adminístrotor an electron¡c copy olthe
current price list at no cost w¡th¡n three (3) days ol request.
4, DES Contmct Ãdministrotion Fee.
New Contracts. CompuCom wíll collect .74% on behalf ol DES for øll purchoses through lhis
Controct, Thîs lee wíll be ødded to oll purchoses, quotes ond orders for oll Customers wÍth
MicrosoÍt Agreements elÍeaive Februøry 7, 2074.
Exístinø Contmcts: For three ond five yeat tetm Mícrosoft Agrcements thot are mid-ogrcement
ot the tíme of thís Amendment 04-07, CompuCom shall íncorporøte 7,74% on øll purchases,
quotes ond orden, 7% wíllbe retaìned by CompuCom os o price odjustment ond .74% wîll be
paÍd to DES as o Contrad Admínîstrstion Fee.
lll Tares
1. Adding to Sect¡on 6, a new item, 6.4;
To read....Controct Administratlon Fees wîll be subjed to sales tax.
lV lnvoice rnd Puvmcnt
1. Section 7.1 of the Contract is revised;
To read ...Vendor shall submit properly itemized invoices to the customer as provlded In the
Customer purchøse order ("Purchase Orde/').
CompuCom wíll track license purchoses ond send a report to ogency Customers regardìng theÍr
monthly and annual Miøosoft purchases.
V Administrative Fcc snd Ouarterlv Renortins
l. Section 9.7 is replaced rvith the follorving: A Contrcct Adminìûrotion Fee ls împosed. Beglnnlng
wlth soles February 7, 2O14 ¡he Vendor sholl collect from the Customer, o .74 percent (0.0074)
Contrad AdmínÍstrotíve Fee throughout the remainder of the Contract as indícated ìn Sedíon
ll(4). Pleose refer to rcport¡ng schedule below,
2, The Vendor wîll utilíze the ConUsage system þr reports. This ìs an on-lîne usage reportìng
system whìch wìll be avoÍlable os a tool to repoft guorterly controct soles by Customer. When
reportlng, Vendor will report all contrcct actlvlty whlch generated încome þr thÍs Controd
duríng the quøftet. However, Vendor wtll poy the Controd Admînístrattve Fee only on thot
poñion whìch ís new enrollments, ønd e,ûended or modified Contracts.
3. The reporting schedule will be as noted below:
Quancr Ouarter Ends
I st March 3 I st
Renort Duc
April30th
Slat€ of Washington
Depanmcnt of Enterprise Services Page 2 ol'4
Til.COR-543
Amendment l4-01
48
2nd
3rd
4th
Amendment 14-01
To
Contrect T11-MST-579
Junc 30lh
Scptcmbcr 3Oth
December 3I st
July 3lst
Octobcr 3l st
Junuary 31"
Prîor to the due dqte for your report, an occount wìll be estoblished, ond a log-in provÍded,
r¡he locotìon o/tåe toolri https://fortress.wa.eov/g¡fg.ops/C5R/lqqin.aspx.
4. Sedion 9.9 ond 9.70 are deleted.
VI Q$ering1. Sect¡on 11,1 of the Contract is modified;
To read.... Vendor shall accept Customer Purchase Orders, Properly completed Purchase Orders
must be processed by the Vendor and submitted using Vendor's reporting method to M¡crosoft
within two (2) business days of receipt of Purchase Order.
2. Section 11.2 of the Contract is modified;
To read ....For Purchase Orders that are not properly completed, Vendor must notify Customer
of those errors within one (1) business day. Once the Customer corrects the Purchase Order
errors and submits corrected Purchase Order to Vendor, Vendor must use corrected Purchase
Orders in conjunction with Vendor's reporting method to submit orders to Microsoft within two
(2) business days of receipt ofthe corrected Purchase Order
3. Section 11.3 of the Contract is modified to read;
Vendor sholl only occept Purchose Orders orlElnating from Curtomers ss detoíled in ¡he
deÍln¡t¡on of Customer, Ín performonce ol thís Controct.
Vll Enrollment
L. Section 12.2 of the Contract ls modified;
To read .....Vendor shall work with Customers to complete Enrollment Forms and submit them
w¡thin two (2) business days of completion.
2. Section 12.3 of the Contract is modified;
To read ,....Vendor shall print the then-current Microsoft Product Use Rights, work with
Customers to complete Enrollment Forms, and submit the Enrollment Forms within two (2)
business days of completion.
Vlll Shipplne
1. Section 13.1 of the Contract is modifíed;
To read .....Vendor shall pay all standard shipping and handling charges associated with delivery
of Products onywhere w¡th¡n the State ol Washìngton.
State of Washington
Deparlment o[ Enteçnse Serviccs
Tr r-coR-543
Amendmcnt l4-01Page 3 of4 iq,,gy
49
Amendment 14-O1
To
Contract T11-MST-579
2. Section 13.2 of the Contract is deleted.
Vlll Product Replacement or Rqlqr!
l. Since the Customer is working with the Vendor directly, replace all references to DIS in Section
14, Product Delivery and Section 15, Product Replacement/Returns with the term "Custome/'.
lX FourHourResoonse
1. Replace the reference to DlS in Section 16 with the term "Customer,"
X Definltions of Terms
1. Replace the term "DlS Purchasing Administrato/'with "DES Contract Administrator."
All other provisions of Contract T11-MST-579 shall remain in full force and effect.
This Amendment, 14-01, shall be effective as of February t,2Ot4.
Approved
State of Washington,
Department of Enterprise Services
Approved
CompuCom Systems, lnc.
Richard A. McDonoughIt
Pñnt oÌ Type Nome
VP & Secretary 02 I l/r4
Tìtle Date
2- lf-
îítle Date
State of Warhington
Depanrnent of Enterprise Serr rccr
Tt t.coR-543
Amendmcnt l4-01
{,
1
;iq\
'uuy'
Page 4 of4
50
Contract Number Tll-MST! 57 9
for
Microsoft Products and Associated
Services
between the
Department of Information Services
and
CompuCom Systems, Inc.
aãJï¡
Effective Date: May lr20ll
51
Table of Contents
t.
2.
3.
4.
6.
7.
8.
9.
10.
ll.
12.
13.
14.
15.
r6.
17.
'18.
19.
20.
21.
22.
t1
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35,
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
Defi nition of Terms.......
Term of Contract
Survivorship
Pricing..,.....
Advance Payment Prohibited
Antitrust Violations.....
Invoice and Payment,...,...
Overpayments to Vendor.
Products and Services
Ordering
Enrollments
Shipping ..........
Product Delivery
Ownership/Rights in Data...,....,.....
Site Security
Vendor Commitments, \ilarranties and Representations
Protection of Purchaser's Confidential Information
LegalNotices
Publicity
Review of Vendor's Records
Right of Inspection..........,..,,,.....,..
Patent and Copyright Indemniftcation,..,...............
Save Harmless
Insurance........
lndustrial lnsurance Coverage....,.
Licensing Srandards
Product Replacement/ Return...,..,....
Four Hour Response......
Vendor Account Manager.
Section Headings, Incorporated Documents and Order of Precedence
Entire Agreement
Authority for Modifications and Amendments
Independent Status of Vendor...........
Governing Law
Subcontractors.
DIS Business Manager..,....
Assignment...
Compliance with Civil Rights Laws
Severability
'.:t "r.., ..,., ..
Treatment of Assets.,...,,
Vendor's Proprietary lnformation
Standard Terms of Vendor
Spoliation- Notice of Potential C|aims..........
Disputes......,.
State of \rVashington
Deparlment of Information Services
Microsoft Products & Associated Services
Contract #Tl I -MST-579
52
47 Non-Exclusive Remed ies l9
t9
20
20
21
21
2t
,,,,
22
11
23
23
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
Liquidated Damages...,..,
Failure to Perform
Limitation of L iabil ity
Term ination for Default
Termination for Convenience
Termi nation for Withdrawal of Authority....
Termination for Non-Allocation of Funds...
Termination for Conflict of Interest
Termination Procedure.....
Authority to Bind
Counterparts
Schedule A - Microsoft Enlerprise Agreemenl
Schedule B - Microsoft Select Agreement
Exhibit A - D1S's RFOQ Tl l-RF88-021
Exhibit B - CompuCom's Response to Tl I -RFQQ-121
State of Washington
Depalment of Information Services
Microsoft Products & Associated Services
Contract #Tl l-MST-579ll
Lsv
53
CONTRACT NLÍMBER TI I.MST-579
for
Microsoft Products and Associated Services
PARTIES
This Contract ("Contract") is entered into between the state of Washington. acting by and through the
Department of Information Services, an agency of Washington State govemment ("State" or
"Purchâser" or "DIS") located at I I l0 Jefferson St. SE Olympia, WA 98501, and CompuCom Systems,
Inc., a Delaware corporation licensed to conduct business in the state of Washington ("Vendor"), located
at7l7l Forest Lane, Dallas, TX 75230, for the purpose of providing DIS'Customers with Microsoft
Products and Associated Services through DIS' statewide contracts with Microsoft Licensing, GP.
RECITALS
The state of Washington, acting by and ttuough the Department of Information Services, issued a Request
for Proposal Tll-RFQQ-O21 (RIQQ) dated March 3,2011 (Exhibit A) for the purpose of purchasing
Microsoft Products and Associated Services in accordance with its authority under chapter 43.105 RCW,
CompuCom Systems, lnc. submitted a timely Response to DIS' t{FP (Exhibit B).
DIS evaluated all properly submined Responses to the above-referenced RFP and has identified
CompuCom Systems, lnc. as the apparently successful Vendor.
DIS has determined that entering into a Contract with CompuCom Systems, Inc. will meet the State's
needs and will be in the State's best interest.
NOW THEREFORE, DIS awards to CompuCom Systems. lnc. this Contract, the terms and conditions of
which shall govern Vendor's furnishing to DlS, and through DIS to its Customers, the Microsoft Products
and Associated Services. This Contract is not for personal use.
lN CONSIDERATION of the mutual promises as hereinafter set forth, the parties agree as follows:
Definition of Terms
The following terms as used throughout this Contract shall have the meanings set forth below.
"Business Days and Hours" shall mean Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacifìc
Time. except for holidays observed by the state of Washington.
"Confidential Information" shall mean information that is exempt from disclosuÍe to the public
or other unauthorized persons under either chapter 42.56 RCW or other state or federal statutes.
Confìdential Information includes. but is not limited to, names, addresses, Social Security
numbers, e-mail addresses, telephone numbers, fìnancial profiles, credit card information,
driver's license numbers, medical data, law enforcement records, agency source code or object
code, agency security data, Customer enrollment numbers or license keys.
"Contrâct" shall mean this document, all schedules and exhibits and all amendments herelo.
State of lVashington
Department of Information Services
Microsoft Products &Associated Services
Confract #Tl l-MST-579
,.i-1,ôì'¡, ', .\'
54
"Customer(s)" shall mean agencies, institutions, school districts and political subdivisions of the
state of lVashington (e.g., counties, cities, public utility districts), as defined in the Interlocal
Cooperation Act, chapter 39,34 RC!W, and public benefit nonprofit corporations who are DIS
customers.
"DIS" shall mean the Department of lnformation Services, an agency of Washington State
government.
"DIS Business Manager" shall mean the person designated by DIS who is assigned as the
primary contact person whom Vendor's Account Manager shall work with for the duration of this
Contract and as further defìned in the section titled DIS Business Manager.
"DIS Contract Administrator" shall mean that person designated by Purchaser to administer
this Contract on behalf of Purchaser.
"DIS Contracting Ofñcer" shall mean the Director of DIS or the person to whom signature
authority has been delegated in writing.
"DIS Purchasing Administrator" shall mean the person designated by DIS as responsible for
the maintenance and administration of the Contract, notices, reports and any other pertinent
documentation or information, as well as purchasing the Products and Services.
"Discount" shall mean Vendor's discount off Microsoft's pricing as set forth in Section 4, titled
Pricing.
"Effective Date" shall mean the first date this Contract is in full force and effect and shall be
May l, 201 l.
"Enrollment Form" means the Microsoft Enrollment Forms as negotiated between DIS and
Microsoft. Under no circumstances shall it include a Microsoft Direct Enrollment Form.
"Exhibit A" shall mean the RFP.
"Exhibit B" shall mean CompuCom Systems, lnc. Response dated March 31, 20 I ¡.
"Licensed Products" refer to the entire range of Microsofi Volume Licensing Program (MVLP)
and MVLP for software maintenance Products as defined by the then current Microsoft Select
Retail Price List.
"Non-Licensed Productstt refers to those tangíble, non-software products contained on the then
current Microsoft Select Retail Price List, as well as other tangible goods to be made available by
the Vendor. These products include. but are not limited to Microsoft CD ROM's, Microsoft
documentation and program diskettes produced by the Vendor,
ttPric€" shall mean charges, costs, rates, and/or fees charged for the Product and/or Services
under this Contract, as discounted, and shall be paid in United States dollars.
"Product(s)" shall mean the entire Microsoft product line as defined by Microsoft's Select Retail
Price Schedule and offered through the Microsoft Select and/or Enterprise programs.
"Proprietary lnformation" shall mean information owned by Vendor to which Vendor claims a
protectable interest. Proprietary lnformation includes. but is not limited to, information protected
by copyright, patent, trademark, or trade secret laws.
State of Washington
Department of Information Servi ces
Microsoft Products &Associated Services
Contract #Tll-MST-S792
t¿¡t,¡,tu.,;
55
t'Purchased Services" or "Services" shall mean those administrative Services and activities
provided by Vendor to accomplish routine, continuing, and necessary functions as set forth in this
Contract. For avoidance of doubt, any services required to carry out the obligations of this
contract shall be deemed Purchased Services as specifìed in RCW 43.105.020. Services exclude
all Personal Services as defined in RCW 39.29.
"Purchâser" shall mean the Washington State Department of lnformation Services (DIS).
*RCW" shall mean the Revised Code of Washington.
"RFP" shall mean the Request for Proposal used as a solicitation document to establish this
Contract, including all its amendments and modifications, Exhibit A hereto.
"Response" shall mean Vendot's Response to the RIP for Microsoft Products and Associated
Services, Exhibit B hereto.
"Specifications" shall mean the technical and other specifications set forth in the RFP, Exhibit A,
and any additional specifications set forlh in Vendor's Response, Exhibit B.
('Subcontractor" shall mean one not in the employment of Vendor, who is performing all or part
of the business activities under this Contract under a separate contract with Vendor. The term
"subcontractor" means Subcontractor(s) of any tier; provided however does not include third
party manufacturers of Products like Microsoft.
"Vendor" shall mean CompuCom, its employees and agents. Vendor also includes any firm,
provider, organization, individual, or other entity performing the business activities under this
Contract. lt shall also include any Subcontractor retained by Vendor as permitted under the terms
of this Contract.
"Vendor Account Manrger" shall mean a representative of Vendor who is assigned as the
primary contact person whom DIS shall work with for the duration of this Contract and as furlher
defined in the section titled Vendor Account Manager.
Contract Term
2.Term
2.1.
))
2.3.
of Contract
This Contract's initial term shall be approximately three (3) years, in parallel with DIS'
statewide Microsoft agreements, commencing on the Effective Date, May 1,2011 and
expiring on April 30,2A14.
This Contract's term may be exlended by an additional three (3) years, provided that the
extensions shall be at Purchaser's option and shall be effected by Purchaser giving
written notice of its intent to extend this Contract to Vendor not less than thirty (30)
calendar days prior to the then-current Contract term's expiration and Vendor accepting
such extension prior to the then-current Contract term's expiration. No change in terms
and conditions shall be permitted during these extensions unless specifically agreed to in
writing.
Regardless of the expiration, or non-renewal of this Contract, Vendor shall continue to
provide services for any enrollments entered into prior to the expiration date of the
Contract. Service of enrollments enlered into prior to the expiration date of the contract
shall continue for the term stated in the enrollment documents, and such enrollments shall
continue to be governed by the terms of this Contract,
State olWashington
Department of Information Services 3
Microsoft Products &Associated Services
Contract #Tl l-MST-579
1:
56
3.Survivorship
All Products /Services provided pursuant to the authority of this Contract shall be bound by all of
the terms, conditions, Prices and Price discounts set forth herein, notwithstanding the expiration
of the initiat term of this Contract or any extension thereof. Further, the terms, conditions and
warranties contained in this Contract that by their sense and context are intended to survive the
completion of the performance, cancellation or termination of this Contract shall so survive. In
addition, the terms of Sections; Overpayments to Vendor; Vendor's Commitments,
Warranties and Representations; Protection of Purchaser's Confidential Information;
Section Headings, Incorporrted Documents and Order of Precedence; Publicity; Review of
Vendor's Records; Patent and Copyright Indemnification; Vendor's Proprietrry
Information; Disputes; and Limitation of Liability shall survive the termination of this
Contract.
Pricing, Invoice and Payment
4. Pricing
Vendor agrees to provide the following Microsoft Enterprise and Select Agreement
Products and Services at the discount in the table be low:
License Pool (all product licensing
available under Microsoft EA and Select 19.550%
4.1
4.2
4.3
5.
6. Taxes
6.1.
Advance Payment Prohibited
No advance payment shall be made for Products and/or Services furnished by Vendor pursuant to
this Contract.
includes and All Media
No other Prices shall be charged by Vendor for implententation of Vendor's Response.
Vendor's Discount(s) may not be decreased during the initial term of the Contract.
lf Vendor receives any special pricing for any of the Products and/or Services during the
term of this Contract, Vendor agrees to pass such savings on to Purchaser. Vendor shall
send notice to the Purchaser Contract Administrator with the reduced Prices within five (5)
Business Days of the reduction taking effect.
All of Vendor's cost components (e.g., labor, travel, overhead, profìt, etc.) shall be
included in the Prices because no additional charges shall be allowed. Purchaser shall not
reimburse Vendor for travel and other expenses.
Purchaser will pay sales and use taxes, if any, imposed on the Products and/or Services
acquired hereunder. Vendor must pay all other taxes including, bul not limited to,
Washington Business and Occupation Tax, other taxes based on Vendor's income or
Enter and Select
State of Washington
Department of lnformation Services 4
Microsoft Products &Associated Services
Contract #Tl l-MST-579 I ''-t-. .I "t'1,.i
57
7
gross receipts, or personal property taxes levied or assessed on Vendor's personal
property. Purchaser, as an agency of Washington State govemment, is exempt from
property tax.
6.2. Vendor shall complete registration with the Washington State Department of Revenue
and be responsible for payment of all taxes due on payments made under this Contract.
6.3. All payments accrued on account of payroll taxes, unemployment contributions, any
other taxes, insurance, or other expenses for Vendor or Vendor's staffshall be Vendor's
sole responsibiliry.
/
Invoice and Payment.
7.1 . Vendor will submit properly itemized invoices to Department of Information Services,
Accounts Payable, P.O. Box 42439, Olympia, WA 98504-2439. Vendor may not charge
Customers directly for any Vendor-provided Products and/or Services.
7.2. lnvoices shall provide and itemize, as applicable:
a) Purchaser Contract number Tl I -MST-579;
b) Vendor name, address, phone number, and Federal Tax ldentification Number;
c) Description of Products and/or Services, including quantity ordered, model and serial
numbers;
d) Date of Shipment;
e) Net invoice Price per item;
f) Sales tax;
g) Other applicable charges;
h) Total invoice Price; and
i) Payment terms.
7.3. Payments shall be due and payable within thirly (30) calendar days after provision and
acceptance of Products and/or Services or thiriy (30) calendar days after receipt of
properly prepared invoices, whichever is later.
7.4. Vendor shall accept credit and charge cards for payment of invoices.
7.5. Incorrect or incomplete invoices will be returned by Purchaser to Vendor for correction
and reissue.
7.6. The Purchaser Contract number TlI-MST-579 must appear on all bills of lading,
packages, and correspondence relating to this Contract.
7.7. Purchaser shall not honor drafts, nor accept goods on a sight draft basis.
7,8. If Purchaser fails to make timely paymenl, Vendor may invoice Purchaser one percent
(l%) per month on the amount overdue or a minimum of one dollar ($l). Payment will
not be considered late if payment is deposited electronically in Vendor's bank account or
if a check or warrant is postmarked within thirty (30) calendar days of acceptance of the
Microsoft Products &Associated Services
Contract #Tl l-MST-579
State of Washington
Department of Information Services 5
I t:":,'.,;... . 1I '. 1'¡ ,.'.
58
8.
Products and/or Services or receipt of Vendor's properly prepared invoice, whichever is
later.
Overpayments to Vendor
Vendor shall refund to Purchaser the full amount of any erroneous paymçnt or overpayment
under this Contract within thirfy (30) days' written notice, lf Vendor fails to make timely refund,
Purchaser may charge Vendor one percent (l%) per month on the amount due, until paid in full.
Vendor's Responsibilities
9. Products and Services
9, l. All Products supplied by Vendor for delivery shall be of new and original manufacture,
with the exception of Vendor-supplied application program media, if applicable.
9.2. Vendor shall provide, at no charge, pre-release and evaluation media of product versions
to DIS/TAS consultants for distribution to Customers as permitted by the publishers.
9.3. Vendor shall automatically distribute, at no charge, to DIS' Purchasing Administrator an
electronic version of Microsoft's Licensing Briefs in llord formaÍ".
9.4. Vendor shall, at no charge, send to DIS an electronic newsletter at an interval determined
in the RFP, in Word format announcing only Microsoft Product and Services updates,
industry information and current changes to the Select and Enterprise programs or
product lists.
9.5. Vendor shall provide the DIS Purchasing Administrator at least thirty (30) day advance
notice of any changes to the Microsoft Product List.
9.6. Vendor shall report Customer purchase data received from DIS, which Vendor will
receive from DIS with the purchase order(s), to Microsoft, in the manner specified by
Microsoft Corporation.
9.7. Vendor shall provide ayearly account review commencing no later than a month prior to
the anniversary date of this contract. The review will measure performance relative to
established metrics as set forth in Vendor's RFP Response .
9.8. Vendor's shall provide a toll-free customer service telephone number, which will be
available to DIS and Customers for product information and problem resolution.
9.9. Vendor shall provide DIS an annual payments report thirry (30) days prior to the due date
for those payments.
9.10. All Vendor communication with Customers shall be submitted to DIS for review and
approval prior to submission to Customers. Communications related to day-to-day
operational issues such as licensing, Software Assurance benefits, help with the
Microsoft Volume Licensing site are excluded from this requirement.
State of Washington
Department of Information Serv ices 6
Microsoft Products &Associated Services
Contract #Tl I -MST-579
59
10.
ll
(M) Estimated Retail Price (ERP) List
a) For special case-by-case situations where there is not a published price, Microsoft wilt
construct and deliver a non-editable ERP Channel Price Sheet (CPS) to the reseller along
with a Net price sheet. Microsoft will notify DIS when these 2 CPS's are sent to Vendor.
Vendor will notifo DIS upon receipt of the CPS's and Vendor will commit its best faith
efforts to provide DIS a copy of the ERP CPS within 2 business days from Vendor's
receipt from Microsoft of both the ERP CPS and the Net CPS.
b) Vendor will have the opportunity to review the ERP pricing for accuracy. If any
discrepancies are found, Vendor will have the opportunity to communicate back to
Microsoft and obtain corrections. In the event discrepancies are found, Vendor will notifl
DIS that the CPS wâs returned to Microsoft. Microsoft will notify DIS upon receipt of
the CPS from Vendor, and when the corrected CPS was sent to Vendor. Vendor will
notifi DIS upon receipt of the corrected CPS and Vendor will commit its best faith
efforts to provide DIS a copy of the CPS within 2 business days from Vendor's receipt
from Microsofr,
Ordering
ll.l. Vendor shall accept DIS purchase orders as order documents. Properly completed
purchase orders must be processed by the Vendor and submifted using Vendor's
reporting method to Microsoft within two (2) business days of receipt of purchase order,
11r.2. For order documents that are not properly completed, Vendor must notifl DIS of those
enors within one ( l) business day. Once DlS corrects order document enors and submits
corrected order documents to Vendor, Vendor must use conected orders in conjunction
with Vendor's reporting method to submit orders to Microsoft within two (2) business
days ofreceipt ofthe corrected order.
11.3. Vendor shall accept only purchase orders originating from DlS, not those originating
directly from Customer(s).
I 1.4. Vendor shall accept purchase orders up until and including the fourth (4ú) Business Day
of the month following the month in which those copies are fìrst run. However, orders
for special promotions and product discontinuations will be sumbined by Purchaser by
the end date ofthat offer.
11.5 Vendor shall provide DIS, at no charge, remote access to an on-line order tracking system
for the purpose of tracking all DIS orders placed with Vendor.
Damages resulting from Vendor gross negligence and intentional acts or omissions in the
course of processing orders or failure to process orders with Microsoft shall be Vendor's
sole responsibility. Application of liquidated damages in lieu of other damage
calculations shall be at Purchaser's sole discretion.
I l.ó
12. Enrollments
l2.l . Vendor shall complete the Enrollment Forms received from DIS and submit them to
Microsoft within two (2) Business Days from Vendor's receipt thereof.
12.2. lf Vendor receives improperly completed Enrollment Forms from DIS, Vendor must
notiô/ DIS of those errors by the next business day after receipt of enrollment forms,
Once DIS corrects Enrollment Form errors and submits corrected Enrollment Forms to
State of Washington
Department of lnformation Services
Microsoft Products &Associated Services
Contract #Tl l-MST-579 lt t't:';¿'". ¡
1,. ,,., ,t
60
13.
14.
Vendor, Vendor must send the corrected Enrollment Forms to Microsoft within two (2)
Business Days from Vendor's receipt thereof.
12.3. Vendor shall print the then-current Microsoft Product Use Rights at the time of
Customer's enrollment, attach to Customer's Enrollment Form, and return to DIS a fully
executed copy,
12.4. Vendor shall not process any Microsoft Direct Enrollment Form(s) under the Contract
resulting from RFQQ Tl I -RFQQ-021. .
12.5. Vendor shall accept only Enrollment Forms originating from DlS, not those originating
directly from Customer(s).
Shipping
13.1. Vendor shall pay all shipping and handling charges associated with delivery of Products
to DIS, Olympia, rvVashington. The method of shipment and delivery must be consistent
with the nature of the Product and the hazards of transportation. Vendor will be
responsible to ship by whatever means necessary to meet the delivery requirements set
forth in the RFQQ. The exception is for overnight or rush deliveries for which DIS shall
be responsible,
13.2. Vendor shall pay all shipping and handling charges associated with delivery of Products
to alternate destinations (other than to DlS, Olympia, Washington) auywhere within the
State of Washington. Alternate destination will be specified by the DIS at time of order.
The exception is for overnight or rush deliveries for which DIS shall be responsible,
Product Delivery
14.1. Delivery of Non-Licensed Products shall be within four (4) Business Days of Vendor's
receipt of order, unless the Non-Licensed Products are shipped directly from Microsoft
and thus out of Vendor's control.
14.2. lf delivery exceeds four (4) Business Days, Vendor shall have Microsoft certify in
writing that there is no Product available through any channel source because of Product
constraints; otherwise liquidated damages may apply, unless the Non-Licensed Products
are shipped directly from Microsoft and thus out of Vendor's control..
14.3. Elapsed delivery time shall measured from the time an order is accepted, either verbally
or in writing by Vendor, to the time product is deiivered to DIS, Olympia, Washington,
or alternate delivery Customer site, at DIS' discretion.
14.4, At DIS's request, Vendor shall copy DIS on all communications regarding Customer
subscriptions for Products offered pursuant to this RFP.
14.5. Vendor shall ensure that each box is individually identified by the appropriate DIS
purchase order number, and that all packages are accompanied by a packing slip, which
shows the DIS purchase order number and identifies all items included in the shipment.
14.6. DIS will accept partial orders to expedite delivery.
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15.
16.
t7.
1E.
Product Replacement/ Return
15,1. Vendor shall use commercially reasonable efforts to replace Product shipments found to
be defective by Customer within seven (7) Business Days' notifìcation by DlS.
15.2. Vendor shall be responsive to the return of defective shipments and mis-shipped or
inconectly ordered Non-Licensed Products purchased under the resulting Contract in
accordance with Microsoft's then-current retum policy.
15,3. Vendor must provide DIS with a Return Merchandise Authorization (RMA) within eight
(8) Business Hours for Non-licensed Products, and five (5) business days for Licensed
Products from the time a product return request is initiated by DlS.
Four Hour Response
Vendor shall provide guaranteed four (4) hour phone or email response to all phone calls placed
with an authorized Vendor representative regarding pricing information, placing of orders, order
status, return merchandise authorization or other related business matters for calls that are not
immediately answered by an authorized customer representative. Vendor must provide a problem
resolution plan within (5) business days from the date of Vendor's response to DIS.
Site Security
While on Purchaser's premíses, Vendor, its agents. employees, or Subcontractors shall conform
in all respects with physical, fire, or other security regulations.
Vendor Com m itments, Warranties and Representations
Any writlen commitment by Vendor within the scope of this Contract shall be binding upon
Vendor, Failure of Vendor to fulfill such a commitment may constitute breach and shall render
Vendor liable for damages under the terms of this Contract. For purposes of this section, a
commitment by Vendor includes: (i) Prices, discounts, and options committed to remain in force
over a specified period of time; and (ii) any warranty or representation made by Vendor in its
Response or contained in any Vendor publications, written materials, schedules, charts, diagrams,
tables, descriptions, other wriften representations, and any other communication medium
accompanying or referred to in its Response or used to effect the sale to Purchaser. End-user
warranties, liabilities and licensing shallbe provided as a pass through from the manufacturer.
19. Protection of Purchaser's Confidential Information
19. l. Vendor acknowledges that some of the material and information that may come into its
possession or knowledge in connection with this Contract or its performance may consist
of information that is exempt from disclosure to the public or other unauthorized persons
under either chapter 42.56 RCW or other state or federal statutes ("Confidential
Information"). Vendor agrees to hold Confidential lnformation in strictest confidence and
not to make use of Confidential lnformation for any purpose other than the performance
of this Contract, to release it only to authorized employees or Subcontractors requiring
such information for the purposes of carrying out this Contract, and not to release,
divulge, publish, transfer, sell, disclose, or otherwise make the information known to any
other parfy without Purchaser's express written consent or as provided by law. Vendor
agrees to release such information or material only to emptoyees or Subcontractors who
have signed a nondisclosure agreement, the terms of which have been previously
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approved by Purchaser. To the extent Vendor has access to Confidential lnformation,
Vendor agrees to implement physical, electronic, and managerial safeguards to prevent
unauthorized access to Confidentiai lnformation.
19.2. lmmediately upon expiration or termination of this Contract, Vendor shall, at Purchaser's
option: (i) certifl to Purchaser that Vendor has destroyed all Confìdential Information; or
(ii) return all Confidential Information to Purchaser; or (iii) take whatever other steps
Purchaser requires of Vendor to protect Purchaser's Confidential lnformation.
19.3. Vendor shall maintaín a log documenting the following: the Confidential lnformation
received in the performance of this Contract; the purpose(s) for which the Confidential
lnformation was received; who received, maintained and used the Confìdentiat
Information; and the final disposition of the Confìdential Information. Vendor's records
shall be subject to inspection, review or audit in accordance with Review of Vendor's
Records.
19.4. Purchaser reserves the right to monitor, audit, or investigate the use of Confidential
Information collected, used, or acquired by Vendor through this Contract. The
monitoring, auditing, or investigating may include, but is not limited to, salting databases.
19.5, Violation of this section by Vendor or its Subconlractors may result in termination of this
Contract and demand for return of atl Confidential Information, monetary damages, or
penalties.
Contract Admin istration
20. Legal Notices
20.1.Any nolice or demand or other communication required or permifted to be given under
this Contract or applicable law shall be effective only if it is in writing and signed by the
applicable party, properly addressed, and either delivered in person, or by a recognized
courier service, or deposited with the United States Postal Service as first-class mail,
postage prepaid certifìed mail return receipt requested or via facsilimile, to the parties at
the addresses and fax number provided in this section. For purposes of complying with
any provision in this Contract or applicable law that requires a "writing," such
communication, when digitally signed with a Washington State Licensed Cert¡ficate,
shall be considered to be "in writing" or "written" to an extent no less than if it were in
paper form.
To Vendor at:To Purchaser at:
State of V/ashington
Department of Information Services
Attn: DIS Contract Administrator
Street: I 1 l0 Jefferson St. SE
Olympia, V/A 98501
Mail: POBox42445
olympia, V/A 98504-2445
Phone: (360)902-3492
Fax: (3ó0) 58ó-1414
E-mail: mcadmin@dis.wa.gov
CompuCom Systems, lnc.
Attn: Legal Department
717l Forest Lane
Dallas, TX 75230
Phone: 972.856.3600
Fax: 972.856.7438
E-mail:
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20.2.
20.3.
Notices shall be effective upon receipt or four (4) Business Days affer mailing, whichever
is earlier. The notice address as provided herein may be changed by written notice given
as provided above.
In the event that a subpoena or other legal process commenced by a third party in any
way concerning the Products and/or Services provided pursuanl to this Contract is served
upon Vendor or Purchaser, such parry agrees to notif, the other parry in the most
expeditious fashion possible following receipt of such subpoena or other legal process,
Vendor and Purchaser further agree to cooperate with the other party in any lawful effort
by the other parly to contest the legal validity ofsuch subpoena or other legal process
commenced by a third party.
2l
22.
23
DIS Business Manager
Scott Smith will be the DIS Business Manager for this Contract and will provide oversight of the
activities conducted hereunder. The DIS Business Manager will be the principal contact for
Vendor concerning business activities under this Contract. DIS shall notify Vendor, in writing,
when there is a new DIS Business Manager assigned to this Contract.
Vendor Account Manager
Vendor shall appoint an Account Manager for Purchaser's account under this Contract who will
provide oversighl of Vendor activities conducted hereunder. Vendor's Account Manager will be
the principal point of contact for Purchaser concerning Vendor's performance under this
Contract. Vendor shall notif, the DIS Contract Administrator and DIS Business Manager, in
writing, when there is a new Vendor Account Manager assigned to this Contract. The Vendor
Account Manager information is:
Vendor Account Manager: Wayne Dohnt
Address:7171 Forest Lane, Dallas, TX75230
Phone: (916) 987-0680 Fax: (916) 852-9538 E-mail; wayne.dohnt@compucom.corn
Section Headingsr lncorporated l)ocuments and Order of Precedence
23.1. The headings used herein are inserted for convenience only and shall not control or affect
the meaning or construction of any of the sections.
23.2- Each of the documents listed below is, by this reference, incorporated into this Contract
as though fully set forth herein,
a) DIS'RFQQ dated March 3,2011;
b) Vendor's Response to DIS' RFQQ;
c) The terms and conditions contained on DIS' purchæe documents, if used; provided
however will not modify the terms of the Contract;
d) All Vendor or manufacturer publications, written materials and schedules, chans,
diagrams, tables, descriptions, other written representations and any other supporting
materiats Vendor made available to Purchaser and used to effect the sale of Products
and/or Services to Purchaser.
¿J,J ln the event ofany inconsistency in this Contract, the inconsistency shall be resolved in
the following order of precedence:
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24.
25.
26.
27
28.
a) Sections of this Contract;
b) DIS' RFQQ dated March l, 201 1;
c) Vendor's Response to DIS' RFQQ;
d) The terms and conditions contained on DIS' purchase documents; and
e) All Vendor or manufacturer publications, written materials and schedules, charts,
diagrams, tables, descriptions, other written representations and any other supporting
materials Vendor made available to Purchaser and used to effect the sale of Products
and/or Services to Purchaser.
Bntire Agreement
This Contract sets forth the entire agreement between the parties with respect to the subject
mafter hereof and except as provided in the section titled Vendor Commitments, Warranties
and Representations, understandings, agreements, representations, or warranties not contained
in this Contract or a written amendment hereto shall not be binding on either party. Except as
provided herein, no alteration of any of the terms, conditions, delivery, Price, quality, or
Specifications of this Contract will be effective without the written consent of both parties.
Authority for Modifications and Amendments
No modification, amendment, alteration, addition, or waiver of any section or condition of this
Contract shall be effective or binding unless it is in writing and signed by DIS and Vendor. Only
the DIS Contracting Offìcer shall have the express, implied, or apparent authority to alter, amend,
modify, add, or waive any section or condition of this Contract on behalf of Purchaser.
Independent Status of Vendor
In the performance of this Contract, the parties will be acling in their individual, corporate or
governmental capacities and not as agents, employees, pârtners, joint venturers, or associates of
one another. The parties intend thal an independent contractor relationship will be created by this
Contract, The employees or agents of one party shall not be deemed or construed to be the
employees or agents of the other party for any purpose whatsoever. Vendor shall not make any
claim of right, privilege or benefit which would accrue to an employee under chapter 4l .06 RCW
orTitle 5l Rcw.
Governing Law
This Contract shall be governed in all respects by the law and statutes of the state of Washington,
without reference to conflict of law principles. The jurisdiction for any action hereunder shall be
exclusively in the Superior Court for the state of 'Washington. The venue of any action hereunder
shall be in the Superior Court for Thurston County or the county in which Purchaser is located
within the state of Washington.
Subcontractors
Vendor may, with prior written permission from DIS, which consent shall not be unreasonably
withheld, enter into subcontracts with third parties for its performance of any part of Vendor's
duties and obligations. In no event shall the existence ofa subcontract operate lo release or reduce
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29.
30.
31
the liabiliry of Vendor to DIS for any breach in the performance of Vendor's duties. For purposes
of this Contract, Vendor agr€es that all Subcontractors shall be held to be agents of Vendor.
Vendor shall be liable for any loss or damage to Purchaser, including but not limited to personal
injury, physical loss, harassment of Purchaser employee, or víolations of the Patent and
Copyright Indemnification, Protcction of Purchâser's Conlidential lnformation, and
Ownership/Rights in Data sections of this Contract occasioned by the acts or omissions of
Vendor's Subcontractors, their agents or employees. The Patent and Copyright
Indemnification, Protection of Purchaser's Confidential Information, Ownership/Rights in
Data, Publicity and Review of Vendor's Records sections of this Contract shall apply to all
Subcontractors.
^A,ssignment
29.1 . With the prior written consent of DIS, which consent shall not be unreasonably withheld,
Vendor may assign this Contract including the proceeds hereof, provided that such
assignment shall not operate to relieve Vendor of any of its duties and obligations
hereunder, nor shall such assignment affect any remedies available to DIS that may arise
from any breach of the sections of this Contract, or warranties made by Vendor herein
including but not limited lo, rights of setoff.
29.2. DIS may assign this Contract to any public agency, commission, board, or the like, within
the political boundaries of the state of Washington, provided that such assignment shall
not operate to relieve DIS of any of its duties and obligations hereunder.
Publicity
30.1. The award of this Contract to Vendor is not in any way an endorsement of Vendor or
Vendor's Products and/or Services by the State and shall not be so conslrued by Vendor
in any advertising or other publicity materials.
3A.2. Vendor agrees to submit to DlS, all advertising, sales promotion, and other publiciry
materials relating to this Contract and Products and/or Services furnished by Vendor
wherein the State's name is mentioned, language is used, or lntemet links are provided
from which the connection of the State's name therewith may, in DIS' judgment, be
inferred or implied. Vendor further agrees not to publish or use such advertising, sales
promotion materials, publicity or the like through print, voice, the World Vr'ide Web, and
other communication media in existence or hereinafter developed withoul the express
written consent of DIS prior to such use.
Review of Vendor's Records
31.1. Vendor and its Subcontractors shall maintain books, records, documents and other
evidence relating 1o this Contract, including but not limited 10, protection and use of
Purchase¡'s Confidential Informalion, and accounting procedures and practices which
sufficiently and properly reflect all direct and indirect costs ofany nature invoiced in the
performance of this Contract. Vendor shall retain all such records for six (6) years after
the expiration or termination of this Contract. Records involving matters in litigation
related to this Contract shall be kept for either one (l) year fotlowing the termination of
litigation, including all appeals, or six (6) years from the date of expiration or termination
of this Contract, whichever is later.
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32.
3l .2. All such records shall be subject at reasonable times and upon prior notice to
examination, inspection, copying, or audit by personnel so authorized by the DIS
Contract Administrator and/or the Office of the State Auditor and federal officials so
authorized by law, rule, regulation or contract, when applicable, at no additional cost to
the State. During this Contract's term, Vendor shall provide access to these items within
Thurston County. Vendor shall be responsible for any audit exceptions or disallowed
costs incuned by Vendor or any ofits Subcontractors,
31.3. Vendor shall incorporate in its subcontracts this section's records retention and review
requirements.
31.4. It is agreed that books, records, documents, and other evidence of accounting procedures
and practices related to Vendor's cost structure, including overhead, general and
administrative expenses, and profit fac¡ors shall be excluded from Purchaser's review
unless the cost or any other material issue under this Contract is calculated or derived
from these factors.
Right of Inspection
Vendor shall provide right ofaccess to its facilities 1o Purchaser, or any ofPurchaser's officers, or
to any other authorized agent or official of the state of Washington or the federal government, at
all reasonable times with prior written notice. in order to monitor and evaluate performance,
compliance, and/or quality assurançe under this Contract.
General Provisions
Patent and Copyright Indemnification
33.1. Vendor, at its expense, shall defend, indemnify, and save Purchaser harmless from and
against any claims against Purchaser that any Product supplied hereunder, or Purchaser's
use of the Product within the terms of this Contract, infringes any patent, copyright,
utiliry model, industrial design, mask work, trade secret, trademark. or other similar
proprietary right of a third party worldwide. Vendor shall pay all costs of such defense
and settlement and any penalties, costs, damages and attomeys' fees awarded by a court
or incuned by Purchaser provided that Purchaser:
a) Promptly notifies Vendor in writing of the claim, but Purchaser's failure to provide
timely notice shall only relieve Vendor from its indemnifìcation obligations if and to the
extent such late notice prejudiced the defense or resulted in increased expense or loss to
Vendor; and
b) Cooperates with and agrees to use its best efforts to encourage the Office of the Anomey
Ceneral of Washington to grant Vendor sole control of the defense and all related
settlement negotiations.
33.2. lf such claim has occurred, or in Vendor's opinion is likely to occur, Purchaser agrees to
permit Vendor, at its option and expense, either to procure for Purchaser the right to
continue using the Product or 1o replace or modify the same so that they become
noninfringing and functionally equivalent. lf use ofthe Product is enjoined by a court and
Vendor determines that none of these altematives is reasonably available, Vendor, at its
risk and expense, will take back the Product and provide Purchaser a refund.. In the case
of Product, Vendor shall refund to Purchaser its depreciated value. No termination
charges will be payable on such returned Product, and Purchaser will pay only those
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33.3.
a)
b)
c)
charges that were payable prior to the date of such return. Depreciated value shall be
calculated on the basis of a useful life of three (3) years commencing on the date of
purchase and shall be an equal amount per year over said useful life. The depreciation for
fractional parts of a year shall be prorated on the basis of three hundred sixry-ñve (365)
days per year. ln the event the Product has been installed less than one (l) year, all costs
associated with the initial installation paid by Purchaser shall be refunded by Vendor.
Vendor has no liability for any claim of infringement arising solely from:
Vendor's compliance with any designs, specifications or ínstructions of Purchaser;
Modification of the Product by Purchaser or a third party without the príor knowledge
and approval ofVendor; or
Use of the Product in a way not specified by Vendor;
unless the claim arose against Product independently ofany ofthese specified actions.
The minimum acceptable limits shall be as indicated below, for each of the following
categories:
Property damage and personal injury, including coverage for contractual liabiliry, with a
limit of not less than $1 million per occurrence/$2 mitlion general aggregate;
Business Automobile Liability (owned, hired, or non-owned) covering the risks of bodily
injury (including death) and property damage, with a limit of not less than $l million per
accident;
Employers Liability insurance covering the risks of Vendor's employees' bodily injury
by accident or disease with limits of not less than $l million per accident for bodily
injury by accident and $l million per employee for bodily injury by diseasel
Umbrella policy providing excess limits over the primary policies in an amounl not less
than $3 million;
34. Save Harmless
Vendor shall defend, indemnify, and save the State harmless from and against any claims,
including reasonable attorneys' fees resulting from such claims, by third parties for any or all
injuries to persons or damage to real or tangible personal property of such third parties arising
from intentional, willful or negligent acts or omissions of Vendor, its officers, employees, or
agents, or Subcontractors, their officers, employees, or agents.
35. Insurance
35.1,Vendor shall, during the term of this Contract, maintain in full force and effect, the
insurance described in this section. Vendor shall acquire such insurance from an
insurance carrier or carriers licensed to conduct business in the state of Washington and
having a rating of A-, Class Vll or better, in the most recenlly published edition of Besl's
Reporls.In the event of cancellation, non-renewal, revocation or other termination of any
insurance coverage required by this Contract, Vendor shall provide written notice of such
to DIS within one (l) Business Day of Vendor's receipt of such notice. Failure to buy and
maintain the required insurance may, at DIS' sole option, result in this Contract's
termination.
35,2.
a)
b)
c)
d)
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3s.3
e) Professional LiabilityErrorsandOmissionsandcoverageofnotlessthan$l millionper
occurrence/$2 million general aggregate.
Vendor shall pay premiums on all insurance policies. Such insurance policies shall
endorsed DIS as an additional insured on all general liability, automobile liability, and
umbrella policies. Such policies shall also reference this Contract number Tl l-MST-579
and shall have a condition that they not be revoked by the insurer until thirty (30)
calendar days after notice of intended revocation thereof shall have been given to DIS by
the insurer.
All insurance provided by Vendor shall be separate from any other insurance or self-
insurance programs afforded to or maintained by the State and shall include a severability
of interests (cross-liability) provision.
Vendor shall include all Subcontraclors, ifany, as insured under all required insurance
policies, or shall furnish separate certificates of insurance and endorsements for each
Subcontractor. Subcontractor(s) shall comply fully with all insurance requirements stated
herein. Failure of Subcontractor(s) to comply with insurance requirements does not limit
Vendor's liability or responsibilify.
Vendor shall furnish to DIS copies of certificates and additional insured endorsements of
all required insurance within thirty (30) calendar days of this Contract's Effective Date,
and copies of renewal certificates of all required insurance within thirty (30) days after
the renewal date. These certifìcates of insurance must expressly indicate compliance with
each and every insurance requirement specifìed in this section. Failure to provide
evidence of coverage may, at DIS'sole option, result in this Contract's termination.
By requiring insurance herein, DIS does not represent that coverage and limits will be
adequate to protect Vendor. Such coverage and limits shall not limit Vendor's liability
under the indemnities and reimbursements granted to DIS in this Contract.
35.4.
35.5.
35.ó.
3s.7.
36.Industrial Insurance Coverage
Prior to performing work under this Contract, Vendor shall provide or purchase industrial
insurance coverage for its employees, as may be required of an "employer" as dehned in Title 5l
RCW, and shall maintain fullcompliance with Title 5l RCV/ during the course of this Contract.
DIS will not be responsible for payment of industrial insurance premiums or for any other claim
or benefit for Vendor, or any Subcontractor or employee of Vendor, which might arise under the
industrial insurance laws during the performance of duties and services under this Contract.
37. AntitrustViolations
Vendor and Purchaser recognize that, in actual economic practice, overcharges resulting from
antitrust violations are usually bome by Purchaser. Therefore, Vendor hereby assigns to
Purchaser any and all claims for such overcharges as to goods and Services purchased in
connection with this Contract, except as to overcharges not passed on to Purchaser resulting from
antitrust violations commencing after the date of the bid, quotation, or other event establishing the
Price under this Contract.
38.Compliance with Civil Rights Laws
During the performance of this Contract, Vendor shall comply with all federal and applicabte
state nondíscrimination laws, including but not limited to: Title VII of the Civil Rights Act, 42
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U.S.C. $l2l0l et seq.; the Americans with Disabilities Act (ADA); and Title 49.60 RCW,
Washington Law Against Discrimination. ln the event of Vendor's noncompliance or refusal to
comply with any nondiscrimination law, regulation or policy, this Contracl may be rescinded,
canceled, or terminated in whole or in part under the Termination for Default sections, and
Vendor may be declared ineligible for further contracts with Purchaser.
39.Severability
lf any term or condition of this Conlract or the application thereof is held invalid. such invalidity
shall not affect other terms, conditions, or applications which can be given effect without the
invalid term, condilion, or application; to this end the terms and conditions of this Contract are
declared severable.
40. Waiver
Waiver of any breach of any term or condition of this Contract shall not be deemed a waiver of
any prior or subsequent breach. No term or condition of this Contract shall be held to be waived,
modified, or deleted except by a wriften instrument signed by the parties.
41, Treatment of Assets
41.1.
41.2.
41.3.
41.4.
41.5.
41.6.
Title to all property furnished by Purchaser shall remain in Purchaser. Title to all property
furnished by Vendor, for which Vendor is entitled to reimbursement, other than rental
payments, under this Contract, shall pass to and vest in Purchaser pursuant to the
Ownership/Rights in Data section. As used in this section Treatment of Assets, if the
"properfy" is Vendor's proprietary, copyrighted, patented, or trademarked works, only
the applicable license, not title, is passed to and vested in Purchaser.
Any Purchaser property furnished to Vendor shall, unless otherwise provided herein or
approved by Purchaser, be used only for the performance ofthis Contract.
Vendor shall be responsible for any loss of or damage to real or tangible personal
property ofPurchaser that results from Vendor's negligence or that results from Vendor's
failure to maintain and administer that property in accordance with sound management
practices,
Upon loss or destruclion of, or damage to any Purchaser real or tangible personal
property, Vendor shall notify Purchaser thereof and shall take all reasonable steps to
protect that property from further damage.
Vendor shall surrender to Purchaser all Purchaser property prior to completion,
termination, or cancellation of this Contract.
42.
All reference to Vendor under this section shall also include Vendor's employees, agents,
or Subcontractors.
Vendor's Proprietary Information
Vendor acknowledges that Purchaser is subject to chapter 42.5ó RCW and that this Contract shall
be a public record as defined in chapter 42,5ó RCW. Any specific information that is claimed by
Vendor to be Proprietary Information must be clearly identified as such by Vendor. To the extent
consistent with chapter 42.56 RCW, Purchaser shall maintain the confidentiality of all such
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43.
44.
information marked Proprietary lnformation. lf a public disclosure request is made to view
Vendor's Proprietary lnformation, Purchaser will notifu Vendor of the request and of the date that
such records will be released to the requester unless Vendor obtains a court order from a court of
competent jurisdiction enjoining that disclosure. lf Vendor fails to obtain the court order
enjoining disclosure, Purchaser will release the requested information on fte date specified.
Standard Terms of Vendor
No terms, provisions, or conditions of any business form that Vendor may use will have any
affect on the rights, duties, or obligations of the parties under, or otherwise modify, this Contract
Spoliation- Notice of Potential Claims
Each party shall promptly notify the other party of aìl potential claims that arise or result from
this Contract. Each party shall also take all reasonable steps to preserve all physical evidence and
information that may be relevant to the circumstances surrounding a potential claim, while
maintaining public safety, and grants to the other party the opportunity to review and inspect the
evidence.
Disputes and Remedies
Disputes
45.L ln the event a bona fide dispute concerning a question of fact ar¡ses between Purchaser
and Vendor and it cannot be resolved between the parties, either party may initiate the
dispute resolution procedure provided herein.
45.2. The initiating party shall reduce its description of the dispute to writing and deliver it to
the responding party. The responding party shall respond in writing within five (5)
Business Days. The initiating party shall have five (5) Business Days to review the
response. lf after this review a resolution cannot be reached, both parties shall have five
(5) Business Days to negotiate in good faith to resolve the dispute.
a) lf the dispute cannot be resolved after five (5) Business Days, a Dispute Resolution Panel
may be requested in writing by either party who shall also identiff the first panel
member. Within five (5) Business Days of receipt of the request, the other party will
designate a panel member. Those two panel members will appoint a third individual to
the Dispute Resolution Panel within the next five (5) Business Days.
b) The Dispute Resolution Panel will review the written descriptions of the dispute, gather
additional information as needed, and render a decision on the dispute in the shortest
practical time.
c) Each party shall bear the cost for its panel member and share equally the cost ofthe third
panel member.
45.3. Both parties agree to be bound by the determination of the Dispute Resolution Panel.
45.4. Both parties agree to exercise good faith in dispute resolution and to settle disputes prior
to using a Dispute Resolution Panel whenever possible.
45.
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45.5.
45.6.
Purchaser and Vendor agree that, the existence of a dispute notwithstanding, they will
continue without delay to carry out all their respective responsibilities under this Contract
that are not affected by the dispute.
lf the subject of the dispute is the amount due and payable by Purchaser for Products
and/or Services being provided by Vendor, Vendor shall continue providing Products
and/or Services pending resolution of the dispute provided Purchaser pays Vendor the
amount Purchaser, in good faith, belíeves is due and payable, and places in escrow the
difference between such amount and the amount Vendor, in good faith, believes is due
and payable.
46, Non-Exclusive Remedies
The remedies provided for in this Contract shall not be exclusive but are in addition to all other
remedies available under law.
47 Liquidated Damages
47 .1. Liquidated Damages - General
a) Any delay by Vendor not a result of a Force Majeure Event which includes lack of
availability from the manufacturer, in meeting the ordering, enrollment, error
notification, response, or delivery time frames set forlh in this Contract may interfere
with the proper implementation of Purchaser's programs and may result in loss and
damage to Purchaser.
b) As it would be impracticable to fix the actual damage sustained in the event of any such
failure(s) to perform, Purchaser and Vendor agree that in the event ofany such failure(s)
to perform, the amount of damage which will be sustained will be the amount set forth in
the following subsections and the palies agree that Vendor shall pay such amounts as
tiquidated damages and not as a penalty.
c) Liquidated damages provided under the terms of this Contract are subject to the same
limitations as provided in the section titled Limitation of Liability.
47.2. Liquidated Damages - Specific
a) lfVendor does not provide the Product(s) or process orders or enrollments by delivery
dates or within the timeframes agreed upon between Purchaser and Vendor, then Vendor
must have Microsoft certify in writing that there is no Product available through any
channel source because of Product constraints; or that a failure to process orders or
enrollments in the specified timeframes was a result of delay caused by Microsoft,
otherwise liquidated damages may apply. lf Vendor does not provide error notìfìcation
within the prescribed timeframe, such delay in error notification will cause a delay in the
processing of orders or enrollments, and liquidated damages may apply.
b) For Product deliveries, if Vendor cannot provide such certification from Microsofr,
Vendor shall provide a revised delivery date and pay to Purchaser as fixed and agreed
liquidated damages, in lieu of all other damages due to such delay, for each calendar day
between the specified delivery date and the date that Vendor actually provides the
Product(s) an amount of seventy-five ($75.00) dollars per day.
State of Washington
Department of lnformation Services
Microsoft Products &Associated Services
Contract #Tl l -MST-S79t9
t.,'' .'l.,1
72
c) For processing orders or enrollments, if Vendor cannot provide such certification from
Microsoft, Vendor shall provide a timeframe within which those orders and enrollments
will be completed and pay to Purchaser as fixed and agreed liquídated damages, in lieu of
all other damages due to such delay, for each calendar day between the required date of
processing and the date that the Vendor actually processes the order or enrollment an
amount of seventy-fìve (S75.00) dollars per day.
d) For failure to provide error notification in the prescribed timeframe, Vendor shall pay to
Purchaseras fixed and agreed liquidated damages, in lieu of all otherdamages due to
such delay, foreach calendarday between the required date oferror notification and the
date that the Vendor actually notifies Purchaser of the enor(s) an amount of seventy-five
($75.00) dollars per day.
e) Liquidated damages shall be subtracted from any outstanding funds due to the Vendor for
orders previously received. In the event that there are no outstanding charges owed to the
Vendor, the Vendor shall pay liquidated damages within twenty (20) Business Days of
notifi cation of assessment.
48. Failure to Perform
If Vendor faíls to perform any substantial obligation under this Contract, Purchaser shall give
Vendor written notice of such Failure to Perform. If after thirty (30) calendar days from the date
of the wrinen notice Vendor still has not performed, then Purchaser may withhold all monies due
and payable to Vendor, without penalty to Purchaser, until such Failure to Perform is cured or
otherwise resolved.
49.Limitation of Liability
49.1 . The palies agree that neither Vendor nor Purchaser shall be liable to each other,
regardless of the form of action, for consequential, incidental, indirect, or special
damages except a claim related to bodily injury or death, or a claim or demand bæed on
patent, copyright, or other intellectual property right infringement, in which case liability
shall be as set forth elsewhere in this Contract. This section does not modify any sections
regarding liquidated damages or any other conditions as are elsewhere agreed to herein
between the parties. The damages specified in the sections titled Termination for
Default and Review of Vendor's Records are not consequential, incidental, indirect, or
special damages as that term is used in this section.
49.2. Neither Vendor nor Purchaser shall be liable for damages arising from causes beyond the
reasonable control and without the fault or negligence of either Vendor or Purchaser
("Force Majeure Event"). Such causes may include, but are not restricted 10, acts of God
or of the public enemy, acts of a governmental body other than Purchaser acting in either
its sovereign or contractual capacity, war, explosions, fires, floods, earthquakes,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe
weather; but in every case the delays must be beyond the reasonable control and without
fault or negligence of Vendor. Purchaser, or their respective Subcontractors.
49.3. Neither party shall be liable for personal injury to the other party or damage to the other
party's real or tangible personal property except personal injury or damage to real or
tangible personal property proximately caused by such party's respective fault or
negligence.
State of Washington
Depalment of Information Services
Microsoft Products &Associated Services
Contract #Tl l-MST-S7920
't/i'jr.r.. I-!r )lI
73
Contract Termination
50. Termination for Default
50, 1. lf either Purchaser or Vendor violates any material term or condilion of this Contract or
fails to fulfill in a timely and proper manner its obligations under this Contract, then the
aggrieved party shall give the other party written notice of such failure or violation, The
responsible party willcorrect the violation or failure within thirty (30) calcndar days or as
otherwise mutually agreed in writing. If the failure or violation is not corrected, this
Contract may be terminated immediately by written notice from the aggrieved party to
the other party. The option to terminate shall be at the sole discretion of the aggrieved
party. Purchaser reserves the right to suspend all or part ofthe Contract, withhold further
payments, or prohibit Vendor from incurring additional obligations of funds during
investigation of any alleged Vendor compliance breach and pending corrective action by
Vendor or a decision by Purchaser to terminate the Contract.
50.2. ln the event of termination of this Contract by Purchaser for Vendor's Default, Purchaser
shall have the right to procure the Products and/or Services that are the subject of this
Contract on the open market and Vendor shall be liable for all damages, including, but
not limited to: (i) the cost difference between the original Contract price for the Products
and/or Services and the replacement costs of such Products and/or Services acquired from
another Vendor; (ii) if applicable. all administrative costs directly related to the
replacement of this Contract, such as costs of competitive bidding, mailing, advertising,
applicable fees, charges or penalties, slaff time costs: and, (iii) any oth€r costs to
Purchaser resulting from Vendor's breach. Purchaser shall have the right to deduct from
any monies due to Vendor, or that thereafter become due, an amount for damages that
Vendor will owe Purchaser for Vendor's default.
50.3. lf the Failure to Perform is without the defaulting party's control, fault, or negligence, the
termination shall be deemed to be a Termination for Convenience,
50.4 This section shall not apply to any failure(s) to perform thal results from the willful or
negligent acts or omissions of the aggrieved parry.
51. Termination for Convenience
When, at the sole discretion of DlS, it is in the best interest of the State, DIS may terminate this
Contract, in whole or in part, by thirty (30) calendar days written notice to Vendor. lf this
Contract is so terminated, DIS is liable only for payments required by the terms of this Contract
for Products and/or Services received and accepted by DIS prior to the effective date of
termination.
52.Termination for rilithdrawal of Authority
ln the event that Purchaser's authority to perform any of its duties is withdrawn, reduced, or
limited in any way after the commencement of this Contracl and prior to normal completion,
Purchaser may terminate this Contract by seven (7) calendar days written notice to Vendor. No
penalty shall accrue to Purchaser in the event this section shall be exercised. This section shall not
be construed to permit Purchaser to terminate this Contract in order to acquire similar Products
and/or Services from a third party.
State of Washington
Department of Informatioh Services
Microsoft Products &Associated Services
Contract #TI I -MST-579
I
\
21
74
53. Termination for Non-Allocation of Funds
If funds are not allocated 1o Purchaser to continue this Contract in any future period, Purchaser
may terminate this Contract by seven (7) calendar days written notice to Vendor or work with
Vendor to arrive at a mutually acceptable resolution of the situation. Purchaser will not be
obligated to pay any further charges for Products and/or Services including the net remaínder of
agreed to consecutive periodic payments remaining unpaid beyond the end of the then-current
period. Purchaser agrees to notifo Vendor in writing of such non-allocalion at the earliest possible
time. No penalty shall accrue to Purchaser in the event this section shall be exercised. This
section shall not be construed to permit Purchaser to term¡nate this Conlract in order to acquire
similar Products and/or Services from a third party.
54. Termination for Conllict of Interest
Purchaser may terminate this Contract by written notice to Vendor if Purchaser determines, after
due nolice and examination, that any party has violated chapter 42.52 RCW, Ethics in Public
Service, or any other laws regarding ethics in public acquisitions and procurement and
performance of contracts. In the event this Contract is so termínated, Purchaser shall be entitled to
pursue the same remedies against Vendor as it could pursue in the event Vendor breaches this
Contract.
55. Termination Procedure
55.1. In addition to the procedures set forth below, if Purchaser terminates this Contract,
Vendor shall follow any procedures Purchaser reasonably specifies in Purchaser's Notice
of Termination.
s5.2.
5s.3.
55.4.
Upon termination of this Contract, Purchaser, in addition to any other rights provided in
this Contract, may require Vendor to deliver to Purchaser any propely specifically
produced or acquired for the performance of such part of this Contract as has been
terminaled. The section titled Treatment of Assets shall apply in such property transfer.
Unless otherwise provided herein, Purchaser shall pay to Vendor the agreed-upon Price,
ifseparately stated, for the Products and/or Services received by Purchaser, provided that
in no event shall Purchaser pay to Vendor an amount greater than Vendor would have
been entitled to if this Contract had not been terminated. Failure to agree with such
determination shall be a dispute within the meaning of the D¡sputes section of this
Contract. Purchaser may withhold from any amounts due Vendor such sum as Purchaser
determines to be necessary to protect Purchaser from potential loss or liability.
Vendor shall pay amounts due Purchaser as the result of termination within thirry (30)
calendar days of notice of the amounts due. If Vendor fails to make timely payment,
Purchaser may charge interest on the amounts due at one percent (l%) per month until
paid in full.
State of Washington
Department of Information Services
Microsoft Products &Associated Services
' Contract #Tl l-MST-57922
lırl*,
75
Contract Execution
56. Authority to Bind
The signatories to this Contract repr€sent that they have the authority to bind their respective
organizations to this Contracl.
57 Counterparts
This Contract may be executed in counterparts or in duplicate originals. Each counlerpart or each
duplicate shall be deemed an original copy of this Contract signed by each parry, for all purposes.
In llitness Whereot, the parties hereto, having read this Contract in its entirety, including all attachments,
do agree in each and every particular and have thus set their hands hereunto.
Approved Approved
State of Washington CompuCom Systems, Inc.
IÞpartment of Informa tion Services
,f(.oH1*,-6qgry L/
1lÞ1, S*:h^o4
Richard A. McÞonough 9É/25/rL
t
Approved as to Form
State of Washington
OfIice of the Attorney General
Print or'lypc Name
vP & secret.ary
Date
I'itle
Vendor's UBI Number:
Minoriry or Woman Owned Business Enterprise
Yes No
(Certification Number)
or
Gon*"."trr
Sigraturc
Print or Type Namc
Assistant Attorney General
Titlc Date
Vendor Inform¡tion
State of Washington
Department of Information Services
Microsoft Products &Associated Services
Contract #Tl l-MST-579
Foap*Cor
L*gâ
23
76
FINANCE
Aaron BeMiller, Director
Phone: 253-856-5260
Fax: 253-856-6255
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 7, 2017
TO: Operations Committee
FROM: Barbara Lopez, Deputy Director
SUBJECT: Budget Certification for Annexation Sales Tax Credit-Resolution
- Recommend
MOTION: Recommend Council approve the resolution certifying the
Panther Lake annexation sales tax credit of $5,746,730 for the period
July 1, 2017 through June 30, 2018.
SUMMARY: The City is required to certify to the State of Washington before March
1st of each year, the amount needed from the annexation sales tax credit to
provide services in the annexed area. The Finance Department has calculated
estimated costs and revenues within the Panther Lake annexation area and has
determined a gap between revenues generated and expenditures used to provide
services of $5,746,730 for July 1, 2017 through June 30, 2018.
This certification period is the eighth year the City will receive the annexation sales
tax credit, which will expire June 30, 2020.
BUDGET IMPACT: Estimated costs for the Panther Lake annexation area for the
State’s fiscal year 2016 is anticipated to be $13,967,580 in expenditures to provide
City services to those residents, while we anticipate revenues of $8,220,850 from
property taxes, sales taxes and other sources. The net of the revenues and costs
produces a deficit of $5,746,730, which is the amount being certified as the amount
of annexation sales tax credit we are requesting from the State.
EXHIBITS: Resolution
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78
1 Tax Credit Threshold
Panther Lake Annexation
RESOLUTION NO. ___________
A RESOLUTION of the City Council of the
City of Kent, Washington, determining a new
threshold amount for the sales and use tax
authorized by RCW 82.14.415 and codified in
Chapter 3.27 of the Kent City Code, relating to the
cost of providing municipal services to the Panther
Lake Annexation Area for the 2017 fiscal year, and
authorizing the Finance Director to certify the
threshold amount to the Washington State
Department of Revenue.
RECITALS
A. RCW 82.14.415 authorizes the City to impose a sales and use
tax as a credit against state retail sales and use taxes collected under
Chapters 82.08 and 82.12 RCW to assist the City in providing municipal
services to newly annexed areas.
B. After providing all appropriate notice and following appropriate
procedure, and following a favorable vote on the annexation proposition,
the Kent City Council adopted Ordinance No. 3936 on December 8, 2009,
approving the Panther Lake Annexation Area effective July 1, 2010. The
population within the annexation area determined at the time of
annexation was 25,458 people.
79
2 Tax Credit Threshold
Panther Lake Annexation
C. On February 16, 2010, the City Council passed Ordinance No.
3947, creating Chapter 3.27 of the Kent City Code and imposing the sales
and use tax at the rate of 0.2 percent.
D. On February 15, 2011, the City Council adopted Resolution
No. 1839 confirming the tax rate at 0.2 percent and authorizing the finance
director to certify the threshold amount for the 2011 fiscal year.
E. On February 7, 2012, through Resolution No. 1853, the City
Council adopted a new threshold amount for the 2012 fiscal year and
authorized the finance director to certify the same.
F. On February 19, 2013, through Resolution No. 1871, the City
Council adopted a new threshold amount for the 2013 fiscal year and
authorized the finance director to certify the same.
G. On February 4, 2014, through Resolution No. 1881, the City
Council adopted a new threshold amount for the 2014 fiscal year and
authorized the finance director to certify the same.
H. On February 17, 2015, through Resolution No. 1904, the City
Council adopted a new threshold amount for the 2015 fiscal year and
authorized the finance director to certify the same.
I. On February 16, 2016, through Resolution No. 1920, the City
Council adopted a new threshold amount for the 2016 fiscal year and
authorized the finance director to certify the same.
J. With this Resolution, the City authorizes the imposition of
similar annexation sales and use taxes for the 2017 fiscal year.
80
3 Tax Credit Threshold
Panther Lake Annexation
K. The City Council of the city of Kent, Washington, finds and
determines that the projected cost to provide municipal services to the
Panther Lake Annexation Area for the 2017 fiscal year will be at least
$13,967,580, and that this cost exceeds the projected general revenue
that the City would otherwise receive from the annexation during the 2017
fiscal year, which is estimated to be $8,220,850.
K. Pursuant to RCW 82.14.415, the city of Kent is authorized,
under the circumstances of this annexation, to impose a sales and use tax
for the 2017 fiscal year, which shall be collected by the State department
of revenue from those persons who are taxable by the state under
Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event
within the City.
L. The rate of tax imposed shall be 0.2 percent, and shall be in
addition to other taxes authorized by law, and the threshold amount for the
2017 fiscal year is $5,746,730.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Rate and Threshold Amount. The Kent City Council
determines that the threshold amount for the City’s projected net cost in
providing municipal services to the Panther Lake Annexation Area for the
2017 fiscal year is $5,746,730. The City Council previously imposed a sales
and use tax at the rate of 0.2 percent, with the passage of Ordinance No.
3947 on February 16, 2010.
81
4 Tax Credit Threshold
Panther Lake Annexation
SECTION 2. – Implementation and certification. The Mayor of the
city of Kent is authorized to implement administrative procedures as may
be necessary to carry out the provisions of this resolution. The City’s
Finance Director is authorized to certify the amount for the 2017 fiscal year
to the appropriate agencies within the State of Washington.
SECTION 3. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 4. – Savings. Resolution No. 1920 shall remain in full
force and effect until the effective date of this resolution.
SECTION 5. – Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTION 6. – Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this resolution, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or resolution numbering and
section/subsection numbering.
SECTION 7. – Effective Date. This resolution shall take effect and
be in force immediately upon its passage, however the imposition of the
sales and use taxes for the 2017 state fiscal year authorized by this
resolution shall not take effect until the commencement of that fiscal year.
82
5 Tax Credit Threshold
Panther Lake Annexation
PASSED at a regular open public meeting by the City Council of the
city of Kent, Washington, this _______ day of _________________, 2017.
CONCURRED in by the Mayor of the city of Kent this ______ day of
__________________, 2017.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
______ passed by the City Council of the city of Kent, Washington, the
________ day of _________________, 2017.
KIMBERLEY A. KOMOTO, CITY CLERK
P:\Civil\Resolution\Annexation Sales Tax Threshold2017.docx
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84
FINANCE
Aaron BeMiller Director
Phone: 253-856-5260
Fax: 253-856-6255
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 7, 2017
TO: Operations Committee
FROM: Barbara Lopez, Deputy Finance Director
SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments
between December 1 and 31, 2016 - Recommend
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $765,000.
$500,000 relates to debt service for the 2015 bond refunding. This refunding was
part taxable, which is scheduled to be paid first. Payment on the non-taxable
portion will begin when the taxable portion is paid.
The source of funds to repay the non-taxable portion is REET2 parks capital
revenues. In order to smooth usage of these revenues, we are pre-collecting
dollars for the debt service that will be paid out future years, when repayment of
the non-taxable portion is due. The pre-collection amount is approximately
$500,000 annually. This budget adjustment provides the authority to make the
appropriate accounting entries for 2016.
The remaining $265,000 is for capital equipment and upgrades for SMG’s capital re-
investments per contract, such as LED lighting, digital menu boards and concession
carts.
BUDGET IMPACT: These expenditures are funded by existing fund balance and
SMG capital investment proceeds.
MOTION: Recommend Council approve the consolidating budget
adjustment ordinance for adjustments made between December 1
and 31, 2016, reflecting an overall budget increase of $765,000.
85
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86
1 2015-2016 Budget Adjustment
Fourth Quarter Dec - 2016
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
December 1 and 31, 2016, reflecting an overall
budget increase of $765,000.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Budget Adjustments. The 2015-2016 biennial
budget is amended to include budget fund adjustments for the fourth
quarter of 2016 from December 1 through 31, 2016, as summarized and
set forth in Exhibit “A,” which is attached and incorporated into this
ordinance. Except as amended by this ordinance, all terms and provisions
of the 2015-2016 biennial budget Ordinance No. 4137, as amended by
Ordinance Nos. 4149, 4168, 4173, 4185, 4200, 4211, 4221, and 4226
shall remain unchanged.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
87
2 2015-2016 Budget Adjustment
Fourth Quarter Dec - 2016
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force five days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2017.
APPROVED: day of , 2017.
PUBLISHED: day of , 2017.
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
P:\Civil\Ordinance\Budget Adjustment Ordinance 4th Qtr Dec 2016.docx
88
Fund Title Previously
Approved
Approval
Requested
Total
Adjustment
Ordinance
Capital Resources Fund
Debt Svc on 2015 Refunding 500,000 500,000
Total - 500,000 500,000
ShoWare Operating Fund
Capital Equip/Upgrades 265,000 265,000
Total - 265,000 265,000
Grand Total - 765,000 765,000
Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments December 2016
89
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90
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: February 7, 2017
To: Operations Committee Members
From: Chad Bieren, P.E. – Deputy Director / City Engineer
Subject: Federal Grants Signing Authority Ordinance – Information Only
SUMMARY: The Washington State Department of Transportation Highway and
Local Programs office administers federal transportation dollars that have been
awarded to municipalities throughout the state. WSDOT has notified the City that
effective December 1, 2016, federal law requires that all reimbursement requests on
federal grants must now include documentation that confirms the person signing the
reimbursement request is authorized to legally bind the agency.
In order to comply with these updated requirements and receive money for grant
dispersal requests sent after December 1, 2016, and because multiple departments
receive grants from the federal government it was recommended; at the January
23, 2017 Public Works Committee meeting that Chapter 3.70 of the Kent City Code
be updated to explicitly grant department directors authority to sign reimbursement
requests and vouchers on grants that have been awarded and accepted by the City.
EXHIBIT: Ordinance
BUDGET IMPACT: N/A
MOTION: Information Only/No Motion Required
91
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92
1
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various
sections of Chapter 3.70 of the Kent City Code,
entitled “Public Contracting and Procurement,” to
clarify the signing authority granted to department
directors and the Mayor concerning contract
amendments, change orders, and grant
reimbursement requests.
RECITALS
A. On May 19, 2015, the Kent City Council adopted Ordinance
No. 4150, which for the first time in more than 10 years, substantively
amended and clarified Kent’s procurement and contracting provisions. In
applying these new code revisions, staff became aware of two areas where
further clarification is required to properly define who has proper approval
and signatory authority.
B. The first amendment is to expressly provide that department
directors or their designees have the authority to sign all reimbursement
requests and certification statements a federal, state, or other local agency
may require from Kent as a grant recipient, once the overall grant
agreement has otherwise been approved as required by the Kent City
Code.
93
2
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
C. The second amendment is to clarify that the approval and
signatory authority granted to department directors and the Mayor for
change orders and contract amendments is limited to those changes that
fall below the stated maximum threshold amount for an the individual
change order, as well as the cumulative total of all change orders. The
existing language includes the word “or” where “and” is required to
properly convey the original intent of the provision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment – KCC 3.70.220. Section 3.70.220 of
the Kent City Code, entitled “Director approval”, is amended as follows:
3.70.220. Director approval. Directors may approve work or
purchases, and have signatory authority to execute any requisite contract,
for the following:
A. Contracts – Twenty thousand dollars ($20,000) or less. All
purchases or work authorized by a director and valued at twenty thousand
dollars ($20,000) or less should be memorialized in a written contract. Any
contract or procurement in the amount of twenty thousand dollars
($20,000) or less, which can be paid from the originating department’s
existing annual budget, may be approved and signed by the director.
B. Change orders or contract amendments. The director is authorized
to approve and sign the following contract change orders or amendments:
1. Change orders or contract amendments that involve only an
extension of time for the contractor to perform.
2. Individual change orders or contract amendments that do not
exceed the original contract amount by more than twenty thousand dollars
94
3
Amend Ch. 3.70 KCC – Signing Authority
for Amendments and Reimbursement Requests
($20,000), and or cumulatively are within ten (10) percent or sixty-five
thousand dollars ($65,000) of the original contract amount, whichever
amount is greater, if: sufficient funds remain in the approved project or
department budget to pay the change order or amendment amount.
C. Grant applications, award agreements, bequests, donations, or other
gifts – twenty-five thousand dollars ($25,000) or less. The director may
approve and sign all grant applications, unless the application itself
requires otherwise. The director may also accept any grant, bequest,
donation, or other gift in the total amount of twenty-five thousand dollars
($25,000) or less, and is authorized to approve and sign all documents
necessary to receive the grant, bequest, donation, or other gift. In
determining the total grant, bequest, donation, or gift amount for
application of this section, the cost of any matching funds and the cost of
fulfilling all conditions placed on the city’s acceptance of the grant,
bequest, donation, or gift must be included in the calculation. In order for
the director to have the authority granted by this section, any matching
funds required to obtain the grant, bequest, donation, or gift must be
available within the director’s existing budget. Upon the city’s receipt of
the grant, bequest, donation, or gift funds in the total amount of twenty-
five thousand dollars ($25,000) or less, the finance director is authorized
to amend the department director’s budget and authorize expenditure of
the funds. The finance director may then include these funds in the budget
adjustment ordinance.
1. Grant reimbursement requests. Once a grant agreement is
approved as provided for in this chapter, the director or designee is
authorized to sign any grant reimbursement request or voucher, annual or
final fiscal report, or any certification statement that may be required by
the federal, state, or other local agency awarding or administering the
grant. This delegation of authority specifically includes without limitation
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the certification required by 2 CFR 200.415, as currently enacted or
hereafter amended or recodified.
SECTION 2. – Amendment – KCC 3.70.230. Section 3.70.230 of
the Kent City Code, entitled “Mayor approval”, is amended as follows:
3.70.230. Mayor approval. The mayor has signatory authority
and may approve the following:
A. Contracts – Over twenty thousand dollars ($20,000). All purchases
or work valued at an amount in excess of twenty thousand dollars
($20,000) must be memorialized in a written contract and signed by the
mayor. Any contract valued at an amount of sixty-five thousand dollars
($65,000) or less may be signed by the mayor without city council
approval if funds are available within the existing budget to pay the
associated contract costs.
B. Change orders or contract amendments. The mayor is authorized to
approve and sign: (1) individual change orders or contract amendments
that do not exceed the original contract amount by more than sixty-five
thousand dollars ($65,000), and or (2) cumulatively are within twenty (20)
percent or one hundred thirty thousand dollars ($130,000) of the original
contract amount, whichever amount is greater, if sufficient funds remain
within the existing budget.
C. Grant acceptance, award agreements, bequests, donations, or other
gifts. The mayor is authorized to approve and sign any application
requesting grant funds for various city purposes if the grant application
requires. The mayor may also accept any grant, bequest, donation, or
other gift in the amount of sixty-five thousand dollars ($65,000) or less,
and is authorized to sign all documents necessary to receive the grant,
bequest, donation, or other gift. In determining the total grant, bequest,
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donation, or gift amount for application of this section, the cost of any
matching funds and the cost of fulfilling all conditions placed on the city’s
acceptance of the grant, bequest, donation, or gift must be included in the
calculation. In order for the mayor to have the authority granted by this
section, any matching funds required to obtain the grant, bequest,
donation, or gift must be available within the existing budget. Upon the
city’s receipt of the grant, bequest, donation, or other gift funds as
provided in this sectionin the amount of sixty-five thousand dollars
($65,000) or less, the finance director is authorized to amend the budget
and authorize expenditure of the funds. The finance director may then
include these funds in the budget adjustment ordinance. All
reimbursement requests, vouchers, reports, or certification statements are
to be signed by the director or designee in accordance with KCC
3.70.220(C)(1).
D. Interlocal agreements. The mayor may approve and sign any
agreement between the city and another public agency, including those
entered into under the Interlocal Cooperation Act, Chapter 39.34 RCW,
without council approval, so long as any money that may be paid or
received by the city under the terms of the agreement, or any resources
dedicated by the city to the cooperative effort, does not exceed sixty-five
thousand dollars ($65,000), and any payment or dedicated resource
obligation under the agreement may be paid through the existing budget.
E. Real property interests. The mayor is specifically authorized to do
the following:
1. To acquire and convey rights-of-way and other property
interests by lease or purchase when the city council has dedicated
sufficient funds for the lease or purchase within the existing annual budget
or project budget.
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2. To enter into any lease or other agreement conveying an
interest in real property where the total annual amount paid or received
under the agreement, or the total annual fair market value of the real
property interest conferred, is twenty-five thousand dollars ($25,000) or
less. However, no authority delegated under this section shall authorize
approval of a lease or other agreement conveying an interest in real
property for a term greater than two (2) years, including all options to
renew, without express approval of the city council. The mayor, chief
administrative officer, or appropriate department director will report to the
applicable council committee or to the full council, at least quarterly, a
record of any lease or other agreement entered into pursuant to this
subsection.
3. To accept land, appurtenances, and other real property
interests that are dedicated to the city as a condition of a private
developer’s development permit or regulatory approval, or to release the
same as part of such development approval, subject to prior review and
approval by the city attorney.
F. Surplus. Except for real property, or utility equipment and property
as provided for in RCW 35.94.040, as the same may be later amended, or
property that is sold to another governmental entity that is valued over
fifty thousand dollars ($50,000) as provided for in RCW 39.33.020, as the
same may be later amended, the mayor, upon a director’s
recommendation, is authorized to surplus equipment or property the
mayor determines is surplus to the city’s needs, and the mayor may sell or
otherwise dispose of such surplused equipment or property for fair market
value or as otherwise allowed by law.
G. Pass-through fee contracts. Service contracts entered into at no or a
nominal cost to the city, but that result in any associated fee or charge
being passed through to a party other than the city, such as an agreement
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with a collection company, may be approved and signed by the mayor,
subject to prior review by the city attorney.
H. Emergency. If an emergency exists as provided for in KCC
3.70.110(B), the mayor may sign all documents and take all actions
necessary to address the emergency. If council approval would have been
required by KCC 3.70.240, the city council shall be subsequently notified,
but formal ratification is not required.
SECTION 3. – Amendment – KCC 3.70.230. Section 3.70.230 of
the Kent City Code, entitled “Council approval”, is amended as follows:
Sec. 3.70.240. Council approval. Council authorization is
required before the mayor is authorized to purchase or sign the items
identified below. Upon council approval, all attachments and documents
pertinent to the authorized act are impliedly approved even if they are not
expressly stated or identified. Further, minor adjustments may be made to
any documents or additional action taken if such changes are consistent
with council’s approval and do not result in additional costs being paid by
the city in excess of the amounts provided in KCC 3.70.230(B), if those
additional costs are within established budgets.
A. Contracts – Over sixty-five thousand dollars ($65,000). All
purchases or work valued at an amount in excess of sixty-five thousand
dollars ($65,000) must be memorialized in a written contract. If a
contract’s estimated cost is over sixty-five thousand dollars ($65,000), or
if there are not sufficient funds in the existing budget to pay the full
contract amount, the city council must first authorize the contract before
the mayor may sign the contract to make it effective and binding upon the
city.
1. When the city council has specifically considered and
approved a project with a line item in the budget that identifies: (a) the
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contracting party, if known, (b) specific information as to the purchase or
scope of the contract, (c) the estimated total cost of the purchase or
contract, and (d) the term of the anticipated contract does not exceed two
(2) years, that budget line item allocation shall constitute council
authorization for the purposes of this section if the actual cost does not
exceed the amount budgeted for that expense.
2. The city council may delegate to a third-party procurement
authority on the city’s behalf. If such a delegation is made, no further
council approval is required. Any delegated procurement authority must be
exercised in accordance with KCC 3.70.110(G).
B. Change orders or contract amendments. All change orders or
amendments that exceed the mayor’s authority under KCC 3.70.230(B)
must be authorized by the city council and signed by the mayor before
becoming effective and binding upon the city.
C. Agreements for receipt of grants, bequests, donations, or other
gifts. If the city is awarded any grant, bequest, donation, or other gift in
excess of sixty-five thousand dollars ($65,000), the city council first must
authorize acceptance of the funds and the mayor’s execution of any
resulting agreement. All reimbursement requests, vouchers, reports, or
certification statements are to be signed by the director or designee in
accordance with KCC 3.70.220(C)(1).
D. Interlocal agreements. Any agreement between the city and another
public agency that involves the payment or receipt of money, or the
dedication of city resources, in excess of sixty-five thousand dollars
($65,000), including agreements entered into under the Interlocal
Cooperation Act of Chapter 39.34 RCW, or that involves a payment
obligation the city is unable to meet under the existing budget, must be
authorized by the city council and signed by the mayor before becoming
effective and binding upon the city.
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E. Real property interests. Except for the limited authority codified in
KCC 3.70.230(E), council approval is required for all real property leases,
sales, or purchases that are not incidental to implementation of a prior
project or program approved by council. Council approval is also required
before the mayor may sign any lease or other agreement conveying an
interest in real property where the total annual rental value of the lease or
other real property interest conferred is more than twenty-five thousand
dollars ($25,000) or for a term greater than two (2) years, including all
options to renew.
SECTION 4. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 5. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
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ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2017.
APPROVED: day of , 2017.
PUBLISHED: day of , 2017.
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
P:\Civil\Ordinance\3.70-Procurement-GrantReimburseRequests-Authority.docx
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Kent Council Operations Committee Consolidating Budget Adjustment
FINANCE
Aaron BeMiller, Director
Phone: 253-856-5260
Fax: 253-856-6255
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 7, 2017
TO: Operations Committee
FROM: Aaron BeMiller, Director
SUBJECT: Director’s Report – Information Only
MOTION: No motion: Non-action item
SUMMARY: The Finance Director will report out financial or operational item(s).
BUDGET IMPACT:
BACKGROUND:
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