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HomeMy WebLinkAboutCity Council Committees - Operations and Public Safety Committee - 07/19/2022 (2) 4^* Operations and Public Safety • Committee KEN T Tuesday, July 19, 2022 WASH I NGTON 4:0 0 PM Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 851 2858 0228, Passcode: 520067 Chair Bill Boyce Councilmember Brenda Fincher Councilmember Satwinder Kaur Councilmember Marli Larimer Councilmember Zandria Michaud Councilmember Les Thomas Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Business Chair A. Approval of Minutes Approval of June 21, 2022 YES Chair 01 MIN. Minutes B. Payment of Bills - Authorize YES Paula Painter 01 MIN. C. Agreement between Prime YES Brian Rambonga 05 MIN. Electric, LLC for City Hall Uninterruptible Power Supply - Authorize D. Emergency Ordinance YES Bijan Hughes 10 MIN. Amending Chapter 9.02 of the Kent City Code - Adopt E. INFO ONLY: 2022-2023 NO Chris HIlls 10 MIN. Insurance Renewal Update F. INFO ONLY: May Financial NO Michelle Ferguson 10 MIN. Report G. INFO ONLY: Utility Update NO Molly Bartlemay 10 MIN. Operations and Public Safety Committee CC Ops and July 19, 2022 PS Regular Meeting 5. Adjournment Chair The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at the public meeting. Written public comments that do not relate to a committee agenda item are not permitted. Written public comments are not read into the record. Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the first and third Tuesday of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Kim Komoto at 253-856-5728, or email Kkomoto@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Pending Approval Operations and Public Safety KENT Committee WA9H... CC Ops and PS Regular Meeting Minutes June 21, 2022 Date: June 21, 2022 Time: 4:00 p.m. Place: Chambers Members: Bill Boyce, Chair Brenda Fincher, Councilmember ^ Satwinder Kaur, Councilmember Marli Larimer, Councilmember Zandria Michaud, Councilmember Les Thomas, Councilmember o Toni Troutner Councilmember 0 L Agenda: C 1. Call to Order 4:00 p.m. a 0 Council President Boyce called the meeting to order. N 2. Roll Call o N Attendee Name Title IL Status Arrived N c Bill Boyce Chair Present Brenda Fincher Councilmember Present o Satwinder Kaur Councilmember Excused Marli Larimer Councilmember Present Zandria Michaud Councilmember Remote Les Thomas Councilmember Present Toni Troutner Councilmember Present a as 3. Agenda Approval Q 1. I move to approve the agenda as presented. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner 4. Business A. Approval of Minutes Approval of Minutes dated June 7, 2022 MOTION: Move to approve the Minutes dated June 7, 2022 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 1 of 5 Packet Pg. 3 Operations and Public Safety Committee CC Ops June 21, 2022 and PS Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: APPROVED [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner B. Payment of Bills MOTION: I move to approve the payment of bills. RESULT: MOTION PASSES [UNANIMOUS] Next: 7/19/2022 7:00 PM y MOVER: Les Thomas, Councilmember 3 w SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner — C. INFO ONLY: Quasi-Judicial Matters o L Acting City Attorney, Tammy White provided Council with information on a quasi-judicial matters and a change in the process used to screen for -- conflicts and to ensure quasi-judicial proceedings before Council are a procedurally fair and impartial. o White provided the councilmembers with the Appearance of Fairness N Disclosure Statement and requested they complete the form and provide it to N the City Clerk prior to the start of tonight's City Council meeting. N D. Cooperative Purchasing Agreement with Hewlett Packard Enterprise - Authorize — Network Engineering Supervisor, Galen Hirschi provided an overview of the r Information Technology Department's request to purchase hardware and services through the cooperative purchasing agreement the state Department of Enterprise Services has with Hewlett Packard Enterprise if those purchases are within the City's established budgets and made during the term of the state contract. MOTION: I move to authorize the IT Director to purchase hardware a and services through the cooperative purchasing agreement the state Department of Enterprise Services has with Hewlett Packard Enterprise if those purchases are within the City's established budgets and made during the term of the state contract. RESULT: MOTION PASSES [UNANIMOUS] Next: 7/19/2022 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner E. Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize Assistant Chief Jarod Kasner provided an overview of the agreement for the ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 2 of 5 Packet Pg. 4 Operations and Public Safety Committee CC Ops June 21, 2022 and PS Regular Meeting Kent, Washington Minutes purchase of ammunition through the cooperative purchasing agreement the state Department of Enterprise Services has with Dooley Enterprises, Inc., and ratify the City's past purchases with this for the purchase of ammunition services. The City has purchased under this cooperative agreement since its inception, and a list of those prior purchase amounts are attached. It was, however, recently discovered by staff that formal Council approval was inadvertently not obtained before those purchases were made. For that reason, this contract is now being brought before Council for approval of future 3 purchases, as well as ratification of past purchases. MOTION: I move to authorize the police department to purchase o ammunition through the cooperative purchasing agreement the state Department of Enterprise Services has with Dooley Enterprises, Inc., o if those purchases are within the City's established budgets and a made during the term of the state contract, and ratify the City's past -- purchases with this vendor. a 0 RESULT: MOTION PASSES [UNANIMOUS] Next: 7/19/2022 7:00 PM I MOVER: Toni Troutner, Councilmember N SECONDER: Les Thomas, Councilmember N AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner N c F. INFO ONLY: Flock Safety Systems Pilot Project 4- Chief Rafael Padilla provide the Council with information on the Flock System pilot program. Chief Padilla talked about challenges relating to staffing, police reform laws and the increase in crime. The department is focusing on tools and technology to investigate crimes after the fact. a a� The cities of Des Moines and Tukwila are currently using the Flock system, a and Kent and Renton are looking to implement the Flock system that utilizes the Automatic License Plate Reader technology to capture license plate information. The system is compliant with state law that prohibits capturing images of the passenger compartment. Cameras can be deployed in an area of high crime. Staff can query the system and obtain vehicle registered owner information that detectives can then investigate. The Flock systems are tied nationally and are often used for locating stolen vehicles, missing persons, serious violent felons, etc. The cost is $2,500 per camera, per year and the Police Department is ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 3 of 5 Packet Pg. 5 Operations and Public Safety Committee CC Ops June 21, 2022 and PS Regular Meeting Kent, Washington Minutes anticipating purchasing 25 cameras. Flock installs and repairs the cameras and they are solar powered. Homeowner's associations can also purchase Flock cameras. The Police Department is currently exploring Flock's technology and if they determine they would recommend purchasing, the Chief will return to the Council for authorization to purchase the system. G. INFO ONLY: Safe Places w Diversity, Engagement and Inclusion Officer, Eric Doherty presented the Council with information on the Safe Place Program that was started in 2014 4- by the Seattle Police Department. 0 7i 0 The Police Departments partner with local businesses and organizations for a free. Partner businesses are then known as a safe place to call 9-1-1 and a report a hate crime and wait for police to respond. a Partner businesses and police staff will receive training on gender and o diversity. N N O Kent is 300t" agency to sign on. N Window decals will be translated into multiple languages. Corporate partnerships are already in place. 0 The Police Department will reach out to Kent businesses to participate and those businesses will put a sticker in their window and train employees. Doherty advised he is working with the Police recruiting team with the goal to increase staff and diversify the Department. r- CC a Kent signed onto national program "30 by 30," which is a commitment to increase the female applicant candidate pool to 30% by 2030. a a� The Department hired an outside consultant to look at practices and made recommendations for the Department to move away from paper records to an easier-to-track electronic system. Kent also joined the Police Data Initiative - A Commitment to open data. Doherty is working with the City's IT Department to make data sets downloadable. Council President Boyce commended Doherty for his outstanding and creative work. Doherty advised the Department is transitioning to a new report writing systems that will have the ability to obtain data reports. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 4 of 5 Packet Pg. 6 Operations and Public Safety Committee CC Ops June 21, 2022 and PS Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... Doherty provided details on the application he developed to capture data on police devices which is currently being piloted. Larimer applauded the work of Doherty and Chief Padilla for championing this diversity work so quickly. H. INFO ONLY: First Quarter 2022 Investment Report Cash and Investment Officer, Joe Bartlemay presented the First Quarter N 2022 Investment Report through March 21, 2022. c Bartlemay provided details on the City's cash, Washington State Investment Pool and PFM Managed Portfolio. ° 5. Adjournment 4:45 p.m. Q CL YU4 1,�y Ko-owto- Q rn Committee Secretary a 0 0 N N O N N C 3 4- 0 N N r 7 C N C,1 C r d V t� Q N d r+ 7 C ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 5 Packet Pg. 7 4.B FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 W A S ENT N G T O N 253-856-5264 DATE: July 19, 2022 TO: Operations and Public Safety Committee SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills. SUMMARY: BUDGET IMPACT: SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 8 4.0 INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington 220 Fourth Avenue South \117KENT Kent, WA 98032-5895 W A S ENT N G T O N 253-856-4600 DATE: July 19, 2022 TO: Operations and Public Safety Committee SUBJECT: Agreement between Prime Electric, LLC for City Hall Uninterruptible Power Supply - Authorize MOTION: I move to authorize the Mayor to sign an agreement with Prime Electric, LLC for the purchase and installation of an uninterruptible power supply at Kent City Hall, in an amount not to exceed $170,000, subject to final contract terms and conditions acceptable to the IT Director and City Attorney. SUMMARY: The Kent City Hall uninterruptible power supply (UPS) has served its useful hardware lifecycle and needs to be replaced. The UPS system is technology equipment that provides emergency power to the Kent City Hall data center when its main power source fails, or voltage drops/rises to an unsuitable level. Unlike generators, this UPS system will supply instant power during interruptions. The purpose of this UPS system is to give a long enough run-time for a proper, orderly, and safe shut-down of connected and protected data center equipment and the business systems running on that equipment. In evaluating suitable replacement options, IT staff selected a system supplied by Prime Electric, LLC because of the reliability and reputation of their hardware, professional services, and customer support. In selecting Prime Electric, LLC as our preferred vendor, City bidding requirements were met leveraging MRSC rosters which is a roster service that provides a membership database used by participating Washington public agencies to contact registered businesses efficiently and affordably for contracting goods and services. This small work roster for public works projects process is authorized under section 3.70.120-.200 of the Kent City Code. Prime Electric, LLC will supply and install all the necessary hardware. The total contract cost will not exceed $170,000.00. This cost is fully funded and budgeted for in IT's existing capital budget. BUDGET IMPACT: Budgeted in the Capital Budget SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Packet Pg. 9 4.0 Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 2022_Prime Electric-UPS Replacement_OPSC Bundle v1 (PDF) Packet Pg. 10 4.C.a L d 3 0 a m a L L Prime Electric - UPS Replacement Contract & Quote Exhibit for OPSC = U L 0 V �L r V W E �L 3 c a� E m m L a ti 0 N M r N C 7 m U IL O c m E m U a CD a R .L V d W E L a i N N O N C N E M V R Q Packet Pg. 11 4.C.a L d 3 0 a m a Prime Electric - UPS Replacement L Agreement between City of Kent and Prime Electric, LLC 2 tU L 0 V �L r V W E �L 3 c a� E m m L a ti 0 N M r N C 7 m U IL O c m E m u a CD a R .L V d W E L a i N N O N C N E M V R Q Packet Pg. 12 4.C.a KENT L was� �ro 3 AGREEMENT 0 a. between City of Kent and L Prime Electric, LLC 2 THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation :3 (hereinafter the "City"), and Prime Electric, organized under the laws of the State of Washington, located and doing business at 3460 161s' Ave SE Bellevue, WA 98008, (hereinafter the "Contractor"). U AGREEMENT L 0 The parties agree as follows: m I. DESCRIPTION OF WORK. w m E Contractor shall perform the following services for the City in accordance with the following described a plans and/or specifications: r 3 c a� Exhibit A L a ti 0 N M r The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. U U) II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in a- Section I above within 30 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed within 30 days. The term of this m Agreement shall continue until all work has been completed, final acceptance has occurred, and all E Contractor obligations have been fulfilled. a a� III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $170,000.00, including any applicable Washington State Sales Tax, for the work and services contemplated a in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the R work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. w a) Card Payment Program. The Contractor may elect to participate in automated credit card payments L- provided for by the City and its financial institution. This Program is provided as an alternative to payment Ni by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates N in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or N credit card companies. The Contractor shall not charge those fees back to the City. c a� E z U ns Q PUBLIC WORKS AGREEMENT - 1 (Over$20K with Performance Bond) Packet Pg. 13 4.C.a A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. L d B. Retainaae. The City shall hold back a retainage in the amount of five percent (5%) of o any and all payments made to the Contractor for a period of sixty (60) days after the a date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State 3 Employment Security Department, and until settlement of any liens filed under aC Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the c Contractor within fourteen (14) calendar days of the Contractor's signature on the Agreement. _ C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work `o includes, without limitation: work and materials that do not conform to the — requirements of this Agreement; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily 2 complete any portion of the work, the City may complete the work by contract or w m otherwise, and the Contractor shall be liable to the City for any additional costs E incurred by the City. "Additional costs"shall mean all reasonable costs, including legal a costs and attorney fees, incurred by the City beyond the maximum Contract price r specified above. The City further reserves its right to deduct the cost to complete the 3 Contract work, including any Additional Costs, from any and all amounts due or to a become due the Contractor. E m m D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL Q PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND o IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE M AND ACCEPTED. r IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 0° U N A. The Contractor has the ability to control and direct the performance and details of its a- O work, the City being interested only in the results obtained under this Agreement. c m B. The Contractor maintains and pays for its own place of business from which the E Contractor's services under this Agreement will be performed. a a� C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City a retained the Contractor's services and is a service other than that furnished by the ? City, or the Contractor is engaged in an independently established trade, occupation, 2 profession, or business of the same nature as that involved under this Agreement. w D. The Contractor is responsible for filing as they become due all necessary tax E documents with appropriate federal and state agencies, including the Internal Revenue C Service and the state Department of Revenue. Ni N E. The Contractor has registered its business and established an account with the state N Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. Q PUBLIC WORKS AGREEMENT - 2 (Over$20K with Performance Bond) Packet Pg. 14 4.C.a F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. L d G. The Contractor maintains a set of books dedicated to the expenses and earnings of its o business. a a� V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall 3 include, without limitation, any one or more of the following events: c A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. _ x B. The Contractor's failure to complete the work within the time specified in this Agreement. t) L O C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. r m D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E •L E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. r 3 F. The Contractor's breach of any portion of this Agreement. E If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may Q take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. o N M VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing r Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by :5 the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other '= applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the 0° Department of Labor and Industries is attached. a O VII. CHANGES. The City may issue a written change order for any change in the Contract work 1 during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the E notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date U the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with a the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will ? determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change •2 order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time w specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to Ni protest the adjustment as provided in subsections A through E of Section IX, Claims, below. N N The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for u contract time and for direct, indirect and consequential costs, including costs of delays related to any work, 2 either covered or affected by the change. a PUBLIC WORKS AGREEMENT - 3 (Over$20K with Performance Bond) Packet Pg. 15 4.C.a VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or o delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent a to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing 3 state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in `o performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. m Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City w shall not be liable for, the payment of any part of the contract price during a force majeure event, or any E costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. a Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. 3 If a force majeure event occurs, the City may direct the Contractor to restart any work or a performance that may have ceased, to change the work, or to take other action to secure the work or the E project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the Q extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its ti obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be N borne by the Contractor, r IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another aD written order, or an oral order from the City, including any direction, instruction, interpretation, or c determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall m give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events v giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should a have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, 01 additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall c be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in E strict accordance with the applicable provisions of this Agreement. °; a At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. co a R FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. w m E A. Notice of Claim. Provide a signed written notice of claim that provides the following a information: C14 N O 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; E z 4. The estimated dollar cost, if any, of the claimed work and how that estimate Um was determined; and a PUBLIC WORKS AGREEMENT - 4 (Over$20K with Performance Bond) Packet Pg. 16 4.C.a 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. L d B. Records. The Contractor shall keep complete records of extra costs and time incurred as a o result of the asserted events giving rise to the claim. The City shall have access to any of the a- Contractor's records needed for evaluating the protest. a The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall = proceed promptly to provide the goods, materials and services required by the City under this Agreement. t) L O D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). w m E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this E section, the Contractor completely waives any claims for protested work and accepts from the a City any written or oral order (including directions, instructions, interpretations, and r determination). 3 c X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT E ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE 00) THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE Q FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. ti 0 XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work M provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall T promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for 0° that portion of the work shall extend for an additional year beyond the original warranty period applicable y to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its a- O receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a 1 reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. E U W XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, a national origin, or the presence of any sensory, mental, or physical disability, discriminate against any ? person who is qualified and available to perform the work to which the employment relates. m The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy w Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the E attached Compliance Statement. a i XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, c officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or N suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. U Q PUBLIC WORKS AGREEMENT - 5 (Over$20K with Performance Bond) Packet Pg. 17 4.C.a The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. L d Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, o then, in the event of liability for damages arising out of bodily injury to persons or damages to property a caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, 3 and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. .E IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL = INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. t) L O In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and J reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal E on the Contractor's part. a r The provisions of this section shall survive the expiration or termination of this Agreement. 3 c XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, E insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. L a� XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary Q precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the o performance of the contract work and shall utilize all protection necessary for that purpose. All work shall M be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to T materials, tools, or other articles used or held for use in connection with the work. 2 XVI. MISCELLANEOUS PROVISIONS. m A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price a- preference may be available for any designated recycled product. c m B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the E covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. a C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and ? construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules w and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in a) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the •r- parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred Ni in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or c award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's N right to indemnification under Section XIII of this Agreement. a� E D. Written Notice. All communications regarding this Agreement shall be sent to the parties at z U the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written 2 notice hereunder shall become effective three (3) business days after the date of mailing by registered or a PUBLIC WORKS AGREEMENT - 6 (Over$20K with Performance Bond) Packet Pg. 18 4.C.a certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. L d E. Assignment. Any assignment of this Agreement by either party without the written consent o of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, a the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Q- L L F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. _ x G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of `o or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. w m H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal E laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's a business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of r the performance of those operations. 3 c I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to E the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, L emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may Q be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties o and obligations under the Public Records Act. M r J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the :5 Kent City Code. m K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute a O this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page 1 to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. E U W IN WITNESS, the parties below execute this Agreement, which shall become effective on a the last date entered below. All acts consistent with the authority of this Agreement and prior a R .L V d w a) E L IL i N N O N C N E t V R Q PUBLIC WORKS AGREEMENT - 7 (Over$20K with Performance Bond) Packet Pg. 19 4.C.a to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. L d CONTRACTOR: CITY OF KENT: 3 0 a. m By: By: 3 L L Print Name: Print Name: Dana Ralph .E Its Its Mayor (title) _ DATE: DATE: U L 0 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 2 �L r V CONTRACTOR: CITY OF KENT: w m John Mason, Project Manager James Endicott, Senior Manager E L Prime Electric, LLC a 3460 1615t Ave SE City of Kent r Bellevue, WA 98008 220 Fourth Avenue South 3 john.mason@primee.com Kent, WA 98032 E 425-747-5200(telephone) (253) 253-856-4620 (telephone) L 425-747-5552(facsimile) (253) 253-856-4700 (facsimile) 0' a ti 0 N M APPROVED AS TO FORM: a� c m Kent Law Department U a ATTEST: 0 i c m E m U Kent City Clerk a CD (L R U L V d W a) E L a i N N O N C N E t V R Q PUBLIC WORKS AGREEMENT - 8 (Over$20K with Performance Bond) Packet Pg. 20 4.C.a DECLARATION L d CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY a a� a The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. L As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any = contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. L) If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the %° directives outlines, it will be considered a breach of contract and it will be at the City's sole •2 determination regarding suspension or termination for all or part of the Agreement; w The questions are as follows: E L 1. I have read the attached City of Kent administrative policy number 1.2. 3 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, a race, color, national origin, age, or the presence of all sensory, mental or physical disability. E a� L 3. During the time of this Agreement the prime contractor will provide a written statement to Q all new employees and subcontractors indicating commitment as an equal opportunity ti employer. N 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and > promotion of women and minorities. c 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the 0° U Prime Contractor, that the Prime Contractor complied with the requirements as set forth a above. o� By signing below, I agree to fulfill the five requirements referenced above. E a) U a By: W For: R .L Title: a w a) Date: E L a i N N O N C N E t V R Q EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 21 4.C.a CITY OF KENT ADMINISTRATIVE POLICY L d 3 0 a NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 a L L SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 = CONTRACTORS APPROVED BY Jim White, Mayor U L POLICY: 0 .L r Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal W employment opportunity within their organization and, if holding Agreements with the City E amounting to $10,000 or more within any given year, must take the following affirmative steps: a 1. Provide a written statement to all new employees and subcontractors indicating 3 commitment as an equal opportunity employer. E a� 2. Actively consider for promotion and advancement available minorities and women. a Any contractor, subcontractor, consultant or supplier who willfully disregards the City's o nondiscrimination and equal opportunity requirements shall be considered in breach of contract M and subject to suspension or termination for all or part of the Agreement. r Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. m U 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these a regulations are familiar with the regulations and the City's equal employment opportunity 01 policy. E 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. U a CD a R .L V d W a) E L a i N N O N C N E t V R Q EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 22 4.C.a CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT 0 a m r a This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the L Agreement. .E I, the undersigned, a duly represented agent of = Company, hereby acknowledge and declare that the before-mentioned company was the prime L contractor for the Agreement known as that was entered into on 0 the (date), between the firm I represent and the City of (D Kent. w 0 E L a I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. a� L Q 0 N By: M r For: c Title: 0° U N IL Date: o� c W E a) 0 a W IL R .L V W d E L IL i N N O N C E t 0 R Q EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 23 4.C.a BIDDER RESPONSIBILITY CRITERIA L Certification of Compliance with Wage Payment Statutes 3 0 a m This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City 0 before the contract can be awarded. 2 The bidder hereby certifies that, within the three-year period immediately preceding the bid = solicitation date (03/28/2022), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding c citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. a� w I certify under penalty of perjury under the laws of the State of Washington that the foregoing is E true and correct. a Prime Electric, LLC 3 c as E as as L By: a Signature of Authorized Official* 0 N M Printed Name: r Title: c Date: 0° U a City and State: o� *If a corporation, proposal must be executed in the corporate name by the president or vice- E president (or any other corporate officer accompanied by evidence of authority to sign). If a co- ou partnership, proposal must be executed by a partner. a a� a R .L yr V d W E L IL i N N 0 N C N E M V R Q BIDDER RESPONSIBILITY CRITERIA - 1 Packet Pg. 24 4.C.a L d 3 0 a m a L L Prime Electric - UPS Replacement City of Kent UPS Quote and SOW U L 0 V �L r V W E �L 3 c a� E m m L a ti 0 N M r N C 7 m U IL O c m E m U a CD a R .L V d W E L a i N N O N C N E M V R Q Packet Pg. 25 4.C.a P R I ELECTRIC 3 June 21, 2022 a m City of Kent 3 220 Fourth Ave S Kent, WA 98032 Attn: Brian Rambonga x RE: City of Kent City Hall (R6) _ tU L As per your request, Prime Electric, Inc. is please to submit the estimated costs for the above referenced ° project as follows: r a� Specific Electrical Inclusions: • Provide and install the following L • Install of New UPS below 3 • Remove and replace (2) two 8 KVA UPS with (1) one 30 KVA UPS • Temp bypass power for UPS removal • (1) one J-Box , tap new conductors to refeed (2) two existing 100 amp disconnects • Floor protection Ram board for floor protection Q • Remove old units from room, and site • Work to take place off shift/ Saturday N • Test, verify and label • Permit, Parking, and inspection • Cost $15,280.00 c • New UPS m • UPS upgrade from Graybar U • One day receiving UPS on site a 0 • Prep area for old existing removal and new install, (few days in advance) �l • Cost $115,787.00 a) • Temp Power for UPS Panels • Provide 30 KVA generator for panels CD • Cables from generator to disconnects in UPS room, N • The day before generator and cables ready. • Power outage for one-hour morning bypass, one hour evening reconnect 2 �L • Cost $8,144.00 w • Total for everything above • $139,211.00 L_ IL I N • Adder for Manual Transfer Switch c • (1) one new Manual Transfer Switch (MTS) N • (1) one generator termination J-box outside in mechanical HVAC area • New conduit and wire to MTS E • New conduit and wire to tie in existing system U • Cost $13,767.00 a 3460161"AVE SE Bellevue,WA 98008 1 (P)425.747.5200 1 primee.com Packet Pg. 26 4.C.a P R I ELECTRIC 3 0 a m • Yearly Maintenance 3 • See attached proposal from LDP, this fee is excluded in any of Prime's prices and is the responsibility with the City of Kent to register and schedule with LDP. c • Alpha UPS maintenance at Fire Station excluded from Prime's proposal. x tU L 0 V Clarifications: a� w • Quote on UPS good until 9/6/2022 0 E • Lead time on batteries December 2022/January 2023 a • Due to the unknown impact of COVID-19related schedule and cost impacts we have not included this r in our proposal. 3 • All work during normal working hours a • If paying by credit card, please add 3.75% of the total invoice to cover fees from credit card companies • Customers will be invoiced monthly. Q • All payments are net 30 days 0 N M r Specific Exclusions • All power company fees m • Supply Chain Issues and or Delays U • Material increases due to supply chain issues a • All data / communication/terminations 0l • Painting and patching • Handling of Hazardous Materials E • Hidden Conditions U • Existing Code Violations • Washington State Sales Tax • All schedule and cost related impacts from COVID-19 a • Any or all bond costs .2 V d W a) E L a I N N 0 N C N E t V R Q 3460161"AVE SE Bellevue,WA 98008 (P)425.747.5200 primee.com Packet Pg. 27 4.C.a P R I ELECTRIC 3 0 a m Thank you for considering Prime Electric, Inc. for your projects. We look forward to your authorization to 3 proceed on the above referenced project. This quote will be subject to review and subsequent revisions after 120 days. If you have any questions or if we can be of further assistance, please contact me at (425) 941-7295 c Sincerely, x John Mason L John.Mason@primeelectric.com 0 .L r V Acceptance of Proposal: The prices and conditions above are satisfactory for the work described. You are hereby authorized to perform the work as outlined above. Payment will be made within 30days or as agreed to otherwise. Owner is to provide fire and a all other necessary insurance's.Alterations to the above specifications may involve additional costs and will be executed 3 only upon written notice. All agreements contingent upon strikes, accidents or delays beyond our control. a� E m m NOTICE TO CUSTOMER a ti This contractor is registered with the state of Washington, registration no. PRIMEE17951\10, and has posted with N the state a bond or deposit of$12,000.00 for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration > date of this contractor's registration is 8-20-23. --0a c m THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK v DONE UNDER YOUR CONTRACT. a- O I This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The E bond or deposit is intended to pay valid claims up to $12,000.00 that you or other customers, suppliers, w subcontractors or taxing authorities may have. f° a a� FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT. N a R 2 You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by 0 w your contract. a) E L YOUR PROPERTY MAY BE LIENED. NI N O N If supplier of materials is used in your construction project or an employee or subcontractor of your contractor c or subcontractors is not paid, your property may be liened to force payment and you could pay twice for the 0 same work. U ns a 3460161"AVE SE Bellevue,WA 98008 1 (P)425.747.5200 1 primee.com Packet Pg. 28 4.C.a P R I ELECTRIC 3 0 a m a L L FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT. _ tU L The contractor is required to provide you with further information about lien release documents if you request w° it. General information is also available from the state Department of Labor and Industries. r a� w m I have received a copy of this disclosure statement. �L Dated this day of of the year 20 3 c a� E as as L a Customers Full Name Printed Signature o N M r N C 7 m U a O I c m E m U a a� a R .L V d W a) E �L a I N N O N C N E t V R Q 3460161"AVE SE Bellevue,WA 98008 (P)425.747.5200 primee.com Packet Pg. 29 I l a r ■ y link Ii 4■ ■� ■h ■ +C+ 1 . • ■ ■■ Ary A. �. 1 1 1 • I 1 � --� •■ ■■ hh •■ Q. n 1 1■ Ah .•* 1 1 \ f C 1 1 � • 1 • 1 • 1 • 11 1 1 �. ' -. I11 D • • 1 r- 1 1 • 1 1 1 1 1�. � 1G � 1 �1 1�� ��� ti t T ._rrr ■n Iwo _■ �I �1•� �f� fir• ■■■ ,-u■ ,-o■a (� r r ram+ r+w Now -■■■ ,■;; .off - ��• - �r� Ott n L T I � .L V � LU E � E 3 c m d 1^ L Q ti . 0 N M G� -- C 7 m C) 2 021 - 1372680-2 Hall GVS30kVA0 480208 Lithium - ISX0001815785-0009 � E Associates e .:0 OF a Quote Date 4/26/2022 Sales Contact Christian Vietmeier Valid d W Opportunity Number: OP-200714-9839925 L a I N N O N +r d 70 Mechanic Street - • - s Foxboro,MA 02035- f ego ctric http://www.schneider-electric.com Q Packet Pg. 30 Quote Number: 2021-1372680-2 Valid Until: 7/11/2022 L d Product and Services (All Prices in USD) o a ISX0001815785-0009 a iKent City Hall GVS30kVA L L iI Ii Lithium Room Components Equipment Item No. Qty. Product Description V Galaxy VS UPS 30kW 480V with N+1 power module for external G 2 1 GVSUPS30KRGS batteries,Start-up 5x8 Galaxy VS Maintenance Bypass Cabinet with output transformer 50kW 3 1 GVSBPOT50B 480V in,208V out,59in tall v d Galaxy VS Cable Kit for 59in tall maintenance bypass cabinet with W 4 1 GVSOPT012 transformer,25kVA in/50kVA out m E 5 1 GVSOPT008 Galaxy VS Seismic kit for Maintenance Bypass Cabinet with Transfomer d 6 1 GVSOPT001 Galaxy VS Air Filter Kit for 521 mm wide UPS r 7 1 GVSOPT002 Galaxy VS Seismic Kit for Modular Battery Cabinet or 521 mm wide UPS 3 C 8 1 GVSOPT038 Galaxy VS Live Swap upgrade kit 9 1 LIBSESMG13UL Galaxy Li-Ion Battery Cabinet UL with 13 x 2.04 kWh battery modules L Roorn a ti Components o N Item No. Qty. Product Description 10 1 WASSEMEXBAT-LB-01 (1)Assembly Service for(1)Cabinet Li-Ion Battery solution 11 1 WSTRTUP-LB-01 (1)Startup Service for(1)Cabinet Li-Ion Battery solution Scheduling Upgrade to 7X24 for Existing Startup Service for up to 40 12 2 WUPGSTRTUP7-UG-01 kVA UPS or Battery Frame CO U to IL O Custorn Parts - Equipment +rl c Item No. Qty. Product Description 1 1 QWPRJ-QMCA52428-00 LDP Associates Professional Project Coordination Service v N d Prices do not include freight/delivery costs unless otherwise specified. Prices are exclusive of VAT/sales taxes which will be payable in addition at the applicable rates. m w Important Quotation Information: am Quote Status: Approved E L Total Weight: 2767.91 LBS/ 1255.51 KGS ILI N N 0 N N 7ttp: w.schneider-electric.com - - t [70ic StreetA 02035- Q Packet Pg. 31 Quote Number: 2021-1372680-2 Valid Until: 7/11/2022 PURCHASE ORDER NEED TO BE ADDRESSED TO : L SCHNEIDER ELECTRIC IT CORP. 3 70 Mechanic Street o Foxboro, MA 02035 a m a Schneider Electric accepts purchase orders placed using the following modes of transmission: i L EMAIL: purchaseorders@schneider-electric.com FAX: 401-792-2313 When placing a manual order please only send original PO requests to the above email or fax number. _ Once submitted, all inquiries regarding PO's should be directed to the respective coordinator. tU L O V OR r m Through mySE: w m Register for mySE to submit your purchase orders online, get access to your account information, L- including: a- t • Order status &tracking information 3 • Price &availability information • Request CMA's &check CMA status • Serial Numbers m • Invoice & credit memo copies and more! Q • Sign up today! https://www.myseapc.schneider-electric.com/mVSchneider/#!/login ti 0 N M r PURCHASE ORDER (PO) CHECKLIST c m The data below is required for order processing and needs to be stated on each PO. Please note that missing V information may cause order processing delays. a O I NOTE: Tax&freight are not to be included as line items c m E MANDATORY U • Quotation ID# if applicable a • Bill to Address (Account#with Schneider if known) • PO Number N a • Freight& Delivery Terms • Payment Terms • Ship To Address • Partial Shipment Allowed -Yes/No (May not ship complete) w m • Shipping Contact Name & Phone Number E • Part#and Quantity a • Price per Unit cm NI 0 N N 7ttp: w.schneider-electric.com - - t [70ic Street lA 02035- Q Packet Pg. 32 Quote Number: 2021-1372680-2 Valid Until: 7/11/2022 • Total Line Value • Requested date of delivery/collection • Purchaser's Name & Contact# 3 0 • Purchaser's email address (used for order/shipping notices) a • Service Orders: Model, Serial Number, End User contact name & phone number • Custom Orders: Delivery Check list (if delivery requires more than Dock to Dock) 3 • Solution Orders: ISX solution #, Opportunity ID • Export Documentation Requirements S • Site Inspection Requirements • 3rd Party Freight Billing Details (Carrier and Account#, contact name and number, freight billing address) _ tU US Only-Sales Tax: please email your exemption certificate for the ship to state to 0 apc.credit.tax@schneider-electric.com.lf you are registered in multiple states, please send your current L packet and we will set up the exemptions in all the states where you are registered. Be sure to note your Oracle order number/PO#/or customer code so that we update the correct account. w m E L 3 c a� E m m L a ti 0 N M r N C 7 m U a O i c m E m U a a� a R .L V d W E L a i N N O N CORP.SCHNEIDER ELECTRIC IT C N RES ic.com - - t U Q Packet Pg. 33 Quote Number: 2021-1372680-2 Valid Until: 7/11/2022 L d 3 0 a m Terms and Conditions a L L Unless you have entered into an agreement in writing intended to govern the purchase of the Products c and Services included in this Quotation, the General Terms and Conditions of Sale of the Schneider Electric legal entity that provided the Quotation or is selling the Products and Services will govern the purchase by you of these Products and Services.Such General Terms and Conditions of Sale can be found at v https://www.apc.com/us/en/who-we-are/schneider-electric-it-general-terms-of-sale.Osp ,o .L r V W E L 3 c a� E m m L a ti 0 N M r N C 7 m U a O i c m E m U a CD a R .L V d W a) E L a i N N O N CORP.SCHNEIDER ELECTRIC IT C N RES ic.com - - M lEiectric U Q Packet Pg. 34 4.C.a L d 3 0 a m a L L Prime Electric - UPS Replacement Insurance Requirements U L 0 V �L r V W E �L 3 C w E m m L a ti 0 N M r N C 7 m U Co a O C m E m U a CD w a R .L V d W E L a i N N O N C N E M V R Q Packet Pg. 35 4.C.a L d EXHIBIT B o IL INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS �- L L Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which = may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or 0 subcontractors. Lo A. Minimum Scope of Insurance a� Contractor shall obtain insurance of the types described below: E 1. Commercial General Liability insurance shall be written on a ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, 3 products-completed operations, personal injury and advertising injury, and liability assumed under an insured E contract. The City shall be named as an insured under the ;v Contractor's Commercial General Liability insurance policy Q with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a o substitute endorsement providing equivalent coverage. r 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If 0° necessary, the policy shall be endorsed to provide contractual liability coverage. o i 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d U a CD B. Minimum Amounts of Insurance N a R Contractor shall maintain the following insurance limits: a� 1. Commercial General Liability insurance shall be written with w limits no less than $1,000,000 each occurrence, $1,000,000 E general aggregate and a $1,000,000 products-completed a operations aggregate limit. N� N O 2. Automobile Liability insurance with a minimum combined N single limit for bodily injury and property damage of $1,000,000 per accident. E U a Packet Pg. 36 4.C.a L d EXHIBIT B (Continued) o a m a C. Other Insurance Provisions a� The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: x 1. The Contractor's insurance coverage shall be primary insurance as respect U the City. Any Insurance, self-insurance, or insurance pool coverage `o maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. a� 2. The Contractor's insurance shall be endorsed to state that coverage shall w not be cancelled by either party, except after thirty (30) days prior E written notice by certified mail, return receipt requested, has been given a to the City. 3 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance Q policies. The Contractor's Commercial General Liability insurance shall o also contain a clause stating that coverage shall apply separately to each N insured against whom claim is made or suit is brought, except with -- respects to the limits of the insurer's liability. a� D. Acceptability of Insurers m Insurance is to be placed with insurers with a current A.M. Best rating of not U less than A:VII. a 0 i E. Verification of Coverage E Contractor shall furnish the City with original certificates and a copy of the U amendatory endorsements, including but not necessarily limited to the a additional insured endorsement, evidencing the insurance requirements of CD the Contractor before commencement of the work. N a F. Subcontractors L V Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance E L requirements as stated herein for the Contractor. ai N N O N C N E t V R Q Packet Pg. 37 4.C.a L d 3 0 a m a L L Prime Electric - UPS Replacement Payment and Performance Bond to City of Kent U L 0 V �L r V W E �L 3 c a� E m m L a ti 0 N M r N C 7 m U IL O c m E m u a CD a R .L V d W a) E L a i N N O N C N E M V R Q Packet Pg. 38 4.C.a ^4�� L. KENT PAYMENT AND PERFORMANCE BOND wAs.' °T°. TO CITY OF KENT a a� w a L KNOW ALL MEN BY THESE PRESENTS: a� c .E That we, the undersigned, as Principal, and = a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to U L become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are 0 jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ •L r together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on w demand we bind ourselves and our successors, heirs, administrators or personal E representatives, as the case may be. a r This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. E a� Nevertheless, the conditions of the above obligation are such that: a� Q WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the M City of Kent has let or is about to let to the above bounden Principal, a certain r contract, the said contract providing for construction of > (which contract is referred to herein and is made a part hereof as though attached hereto), and m U WHEREAS, the Principal has accepted, or is about to accept, the contract, and a undertake to perform the work therein provided for in the manner and within the time of set forth: a� E NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said W contract, and shall pay all laborers, mechanics, subcontractors and material men, and a all persons who shall supply the Principal or subcontractors with provisions and R supplies for the carrying on of said work and shall indemnify and hold the CITY OF w KENT harmless from any damage or expense by reason of failure of performance as a specified in said contract or from defects appearing or developing in the material or aU workmanship provided or performed under said contract, then and in that event this E obligation shall be void; but otherwise it shall be and remain in full force and effect. ai N N IN WITNESS WHEREOF, the above bounden parties have executed this N instrument under their separate seals. The name and corporate seal (if required by a� E PAYMENT AND PERFORMANCE BOND a Page 1 of 2 Packet Pg. 39 4.C.a L d law) of each corporate party is hereto affixed and duly signed by its undersigned o representatives pursuant to authority of its governing body. a a� w TWO WITNESSES: L PRINCIPAL (enter principal's name above) a c BY: TITLE: _ U DATE: DATE: `o •L r U CORPORATE SEAL: w a� E L a PRINT NAME c a� E DATE: L SURETY Q CORPORATE SEAL: BY: Q 0 N M DATE: a� TITLE: _ m ADDRESS: v IL O i c m CERTIFICATE AS TO CORPORATE SEAL a I hereby certify that I am the (Assistant) Secretary of the Corporation named as (D Principal in the within Bond; that cn Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto is genuine, and that said L Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. w a� E •L a SECRETARY OR ASSISTANT SECRETARY 1 N N O N P:\Civil\Forms\Contracts,Releases\PerformanceBond.doc E V PAYMENT AND PERFORMANCE BOND a Page 2of2 Packet Pg. 40 4.D OFFICE OF THE CITY ATTORNEY Tammy White, Acting City Attorney 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5770 DATE: July 19, 2022 TO: Operations and Public Safety Committee SUBJECT: Emergency Ordinance Amending Chapter 9.02 of the Kent City Code - Adopt MOTION: I recommend Council declare an emergency and adopt Ordinance No. 4436, amending Chapter 9.02 of the Kent City Code, to incorporate new crimes adopted by the state during the 2021 and 2022 legislative sessions. SUMMARY: Generally speaking, cities have the responsibility to enforce and prosecute misdemeanor and gross misdemeanor crimes that occur within their respective city limits. However, the city of Kent can only enforce and prosecute through its Municipal Court those crimes or civil infractions that Kent has expressly adopted by ordinance, either comprehensively through individual creation and adoption, or by reference to a state statute. While Kent has adopted some Kent- specific crimes, the majority of its criminal code is adopted by reference to state crimes and enacted by the state Legislature over the years. During its 2021, and 2022 sessions, the state Legislature adopted a number of new laws which establish new crimes and civil infractions. 1 It is therefore appropriate to amend the Kent City Code to incorporate them locally. Through Section 9.02.020, the Kent City Code has adopted nearly all misdemeanors, and Class C felonies contained in the Revised Code of Washington ("RCW"). However, to provide clarity as to new crimes that didn't previously exist, the Kent City Code is hereby amended to specifically name new state law provisions. Although the City of Kent has broadly adopted by reference virtually all state criminal statutes through Kent City Code Section 9.02.020, this ordinance is being presented as an emergency measure out of an abundance of caution, to address a recent challenge to the Kent Municipal Court's jurisdiction. While the challenge lacks legal merit, the risk of an adverse ruling and the gap in services that could emerge while the City appeals is an undue risk. It is of overwhelming importance that the physical safety of victims be maintained, and therefore, to remove any potential ambiguity or question of the Municipal Court's ability to enforce protection orders, this ordinance is advanced as an emergency to be retroactively effective as of the date each state law adopted by reference took effect. With respect to the changes applicable to protection orders, that date is July 1, 2022. Additionally, in preparing this ordinance, staff compared Ch. 9.02 KCC with the Packet Pg. 41 4.D Revised Code of Washington ("RCW") to update previous changes that have been made over time to the RCW titles, and to add Class C felony crimes that were not specifically listed in the Kent City Code. 2 A Class C felony is adopted so that it can serve as the basis for filing a criminal attempt charge if steps are taken in furtherance of the felony crime, but the full crime itself was not completed. In such an event, the attempted crime is punished as a gross misdemeanor. A reference to a repealed section of the RCW has also been removed. 3 Adopting the amendments in this ordinance will remove a potential procedural barrier for prosecuting state crimes. These amendments should have no detrimental impact on law-abiding people or businesses. 1 These new offenses include: violation of various types of court orders; carrying a weapon on the state capitol; failure to pay an excise tax; failure to pay or conversion of funds meant for 988 behavioral health emergency line. z These offenses include: improper disclosure of Department of Licensing information; sale of noxious weed seed; disclosure of tax information; various agricultural and environmental crimes. 3 This repealed offense was advertising cures of lost sexual potency. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. 2021-2022 Criminal Code Update - Ordinance (PDF) Packet Pg. 42 4.D.a r a 0 a 0 U c E •L ORDINANCE NO. 4436 U N O O L AN ORDINANCE of the City Council of the City of Kent, Washington, declaring an emergency U and amending Chapter 9.02 of the Kent City Code, entitled "Criminal Code," to: (i) adopt by reference U new civil infractions and crimes enacted by the state Legislature during its 2021 and 2022 sessions for application and enforcement in the City of Kent; and Y (ii) make other housekeeping amendments to the 0, criminal code to update changes made to the Revised Code of Washington titles, adopt other misdemeanor crimes that were not previously E adopted by specific reference and adopt Class C felony crimes that may be used as a basis to support the crime of criminal attempt or criminal conspiracy, which is punishable as a gross misdemeanor. o 00 O N M RECITALS c c A. During its 2021 and 2022 legislative sessions, the Washington o State Legislature adopted a number of bills that added new criminal 0 provisions to the Revised Code of Washington ("RCW").1 The Kent City Code a has adopted by reference a number of state law provisions for application 0 and enforcement in the City of Kent. Once a state law is adopted by U Fa reference into the Kent City Code, that reference is sufficient for subsequent amendments the Legislature may make to that state law provision. Through U N N O N 1 These new offenses include: violation of various types of court orders; carrying a o weapon on the state capitol; failure to pay an excise tax; failure to pay or N conversion of funds meant for 988 behavioral health emergency line; prohibitions on large capacity magazines, untraceable firearms, and unfinished frames. E 1 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 43 4.D.a r Section 9.02.020, the Kent City Code has adopted nearly all misdemeanors, 0 gross misdemeanors, and Class C felonies contained in the RCW. However, Q a� to provide clarity as to new crimes that didn't previously exist, the Kent City 0 U Code is hereby amended to specifically name new state law provisions. E L U B. Although the City of Kent has broadly adopted by reference N O virtually all state criminal statutes through Kent City Code Section 9.02.020, L this ordinance is being presented as an emergency measure out of an abundance of caution, to address a recent challenge to the Kent Municipal Court's jurisdiction. While the challenge lacks legal merit, the risk of an 0 adverse ruling and the gap in services that could emerge while the City r U appeals is an undue risk. It is of overwhelming importance that the physical c a� safety of victims be maintained, and therefore to remove any potential Y c ambiguity or question of the Municipal Court's ability to enforce protection aD orders, this ordinance is advanced as an emergency to be retroactively E a effective as of the date each state law adopted by reference took effect. With respect to the changes applicable to protection orders, that date is July 1, L 2022. 0 00 Q N M C. While updating the criminal code to add these new crimes, staff made other housekeeping amendments to reflect changes made to the CU Revised Code of Washington titles, and incorporated into the ordinance other o misdemeanor crimes that were not previously adopted by specific r reference.2 a a� 0 D. A reference to a repealed section of the RCW has also been U removed.3 E •L U N z These offenses include: improper disclosure of Department of Licensing c information; sale of noxious weed seed; disclosure of tax information; various `4 agricultural and environmental crimes. N 0 N 3 This repealed offense was advertising cures of lost sexual potency. Additionally, c several offenses related to protective orders were repealed or recodified. E 0 2 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 44 4.D.a r a 0 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, a a� WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 0 U c ORDINANCE E L U SECTION 1. - Adoption - Section 9.02.045. A new Section 9.02.045 0 of the Kent City Code, entitled "RCW Chapter 4.24, entitled Special Rights a of Action and Special Immunities' - Adoption by reference," is adopted as follows: 0 U r Sec. 9.02.045. RCW Chapter 4.24, entitled "'Special Rights of c Action and Special Immunities" - Adoption by reference. The Y M following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be E given the same force and effect as if set forth herein in full: c RCW o 4.24.130 Action for change of name — Fees. o N M SECTION 2. - Amendment - Section 9.02.050. Section 9.02.050 of c the Kent City Code, entitled "RCW Title 7, entitled Special Proceedings and Actions' - Adoption by reference," is amended as follows: o aD a Sec. 9.02.050. RCW Title 7, entitled "Special Proceedings and � a� Actions" - Adoption by reference. The following RCW sections, as o U currently enacted or as hereafter amended or recodified from time to time, c are hereby adopted by reference and shall be given the same force and E •L effect as if set forth herein in full: N N O N RCW `V 0 N 7.21.010 Definitions. E 3 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 45 4.D.a r 7.21.020 Sanctions - Who may impose. 0 7.21.030 Remedial sanctions - Payment for losses. Q 7.21.040 Punitive sanctions - Fines. 7.21.050 Sanctions - Summary imposition - Procedure. 0 7.21.070 Appellate review. U 7.80.120 Monetary penalties - Restitution. 7.80.150 Notices - Record of - Cancellation prohibited, penalty - Audit. E 7.80.160 Failure to exercise notice options - Failure to satisfy penalty. 7.84.060 Response to notice - Contesting determination - Mitigating o circumstances - Hearing - Failure to respond or appear - Penalty. 7.84.100 Monetary penalties. 7.84.130 Failure to pay or complete community restitution - Penalty. Violations U . r is U C issuance. 7.92.160 Court initiated stalking no contact Y . c 7.94 020 n fmnmtmen-s c d a 'a3 L 0 00 N M 7. V (lit 1 20 I7...-.hies CU 7.105.450 Enforcement and penalties - Other than antiharassment protection orders and extreme risk protection orders. 0 7.105.455 Enforcement and penalties - Antiharassment protection orders. r 7.105.460 Enforcement and penalties - Extreme risk protection orders - False petitions. a� 0 SECTION 3. - Amendment - Section 9.02.060. Section 9.02.060 of the Kent City Code, entitled "RCW Title 9, entitled Crimes and Punishments' - Adoption by reference," is amended as follows: ci N N O N Sec. 9.02.060. RCW Title 9, entitled "Crimes and Punishments" o N - Adoption by reference. The following RCW sections, as currently r c a� E U 4 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 46 4.D.a r enacted or as hereafter amended or recodified from time to time, are hereby 0 adopted by reference and shall be given the same force and effect as if set Q a� forth herein in full: 0 U c RCW E L U 9.01.055 Citizen immunity if aiding officer, scope - When. 9.01.110 Omission, when not punishable. o 9.01.130 Sending letter, when complete. 9.02.050 Concealing birth. a 9.02.120 Unauthorized abortions - Penalty. 9.02.130 Defenses to prosecution. 9.02.170 Definitions. 0 9.03.010 Abandoning, discarding refrigeration equipment. 9.03.020 Permitting unused equipment to remain on premises. 9.03.030 Violation of RCW 9.03.010 or 9.03.020. c 9.03.040 Keeping or storing equipment for sale. Y 9.04.010 False advertising. a 9.04.050 False, misleading, deceptive advertising. 9.04.070 False, misleading, deceptive advertising - Penalty. Q 9.04.090 Advertising fuel prices by service stations. 9.08.030 False certificate of registration of animals - False representation as to breed. 9.08.065 Definitions. O 9.08.070 Pet animals - Taking, concealing, injuring, killing, etc. - o Penalty. M 9.08.072 Transferring stolen pet animal to a research institution - Penalty. c 9.08.074 Transferring stolen pet animal to a person who has previously sold a stolen pet animal to a research institution - Penalty. -E 9.08.076 Transferring stolen pet animal to a research institution by a U.S.D.A. licensed dealer - Penalty. 9.08.078 Illegal sale, receipt, or transfer of pet animals - Separate a offenses. a� 9.08.090 Acts against animal facilities. c 9.12.010 Barratry. U 9.12.020 Buying, demanding, or promising reward by district judge or Fa deputy. 9.16.005 Definitions. L) 9.16.010 Removing lawful brands. N 9.16.020 Imitating lawful brand. N 9.16.030 Counterfeit mark - Intellectual property. o 9.16.035 Counterfeiting - Penalties. N 9.16.041 Counterfeit items - Seizure and forfeiture. E 5 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 47 4.D.a r 9.16.050 When deemed affixed. 0 9.16.060 Fraudulent registration of trademark. a 9.16.070 Form and similitude defined. 9.16.080 Petroleum products improperly labeled or graded - Penalty. 0 9.16.100 Use of the words "sterling silver," etc. 9.16.110 Use of words 'coin silver," etc. 9.16.120 Use of the word "sterling" on mounting. E •L 9.16.130 Use of the words "coin silver" on mounting. 9.16.140 Unlawfully marking article made of gold. o 9.16.150 "Marked, stamped or branded" defined. 9.18.080 Offender a competent witness. 9.18.120 Suppression of competitive bidding. 9.18.130 Collusion to prevent competitive bidding - Penalty. U 9.18.150 Agreements outside state. c 9.24.010 Fraud in stock subscription. L) 9.24.040 Corporation doing business without license. 9.26A.090 Telephone company credit cards - Prohibited acts. 9.26A.100 Definitions. a 9.26A.110 Fraud in obtaining telecommunications service - Penalty. 9.26A.120 Fraud in operating coin-box telephone or other receptacle. 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. 9.26A.140 Unauthorized sale or procurement of telephone records - E Penalties - Definitions. a 9.27.015 Interference, obstruction of any court, building, or residence - Violations. 9.35.005 Definitions. o 9.35.010 Improperly obtaining financial information. 9.35.020 Identity theft. N 9.35.030 Soliciting undesired mail. 9.38.010 False representation concerning credit. 9.38.015 False statement by deposit account applicant. 9.38.020 False representation concerning title. 9.38.060 Digital signature violations. o 9.40.040 Operating engine or boiler without spark arrester. 9.40.100 Tampering with fire alarm or firefighting equipment - False alarm - Penalties. 9.41.010 Terms defined. 9.41.040 Unlawful possession of firearms - Ownership, possession by 0 certain persons - Restoration of right to possess - Penalties . 9.41.050 Carrying firearms. 9.41.060 Exceptions to restrictions on carrying firearms. 9.41.070 Concealed pistol license - Application - Fee - Renewal. N 9.41.080 Delivery to ineligible persons. CIA 9.41.090 Dealer deliveries regulated - Hold on delivery - Fees N authorized. o N 9.41.100 Dealer licensing and registration required. c a� E 6 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 48 4.D.a r 9.41.110 Dealer's licenses, by whom granted, conditions, fees - 0 Employees, fingerprinting and background checks - Wholesale a sales excepted - Permits prohibited. 9.41.113 Firearm sales or transfers - Background checks - 0 Requirements - Exceptions. U 9.41.115 Penalties - Violations of RCW 9.41.113. 9.41.120 Firearms as loan security. E L 9.41.140 Alteration of identifying marks - Exceptions. U 9.41.171 Alien possession of firearms - Requirements - Penalty. o 9.41.173 Alien possession of firearms - Alien firearm license - Political a; subdivisions may not modify requirements - Penalty for false statement. 9.41.175 Alien possession of firearms - Possession without license - U Conditions. 9.41.190 Unlawful firearms - Exceptions. 9.41.220 Unlawful firearms and parts contraband. 9.41.230 Aiming or discharging firearms, dangerous weapons. 9.41.240 Possession of pistol or semiautomatic assault rifle by person Y from eighteen to twenty-one. 9.41.250 Dangerous weapons - Penalty. 9.41.251 Dangerous weapons - Application of restrictions to law enforcement, firefighting, rescue, and military personnel. E 9.41.260 Dangerous exhibitions. 9.41.270 Weapons apparently capable of producing bodily harm - Unlawful carrying or handling - Penalty - Exceptions. 9.41.280 Possessing dangerous weapons on school facilities - Penalty - o Exceptions. 9.41.282 Possessing dangerous weapons on child care premises - N Penalty — Exceptions. 9.41.284 Possessing dangerous weapons at voting facilities - Penalty - Exceptions. 9.41.290 State preemption. 9.41.300 Weapons prohibited in certain places - Local laws and 0 ordinances - Exceptions - Penalty. r 9.41.305 Open carry of weapons prohibited on state capitol grounds and municipal buildings. 9.41.325 Undetectable or untraceable firearms — Penalties. 9.41.326 Untraceable firearms - Exceptions - Penalties. 0 9.41.327 Unfinished frames or receivers - Exceptions - Penalties. 9.41.335 Failure to register as felony firearm offender. ` 9.41.345 Return of privately owned firearm or concealed pistol license by law enforcement agency — Duties — Notice — Exception. N 9.41.350 Voluntary waiver of firearm rights — Procedure — Penalty - N Exemption from public disclosure. N 9.41.360 Unsafe storage of a firearm. N 9.41.800 Surrender of weapons or licenses - Prohibition on future possession or licensing. 7 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 49 4.D.a r 9.41.810 Penalty. 0 9.44.080 Misconduct in signing a petition. Q 9.45.060 Encumbered, leased, or rented personal property Construction. 0 9.45.070 Mock auctions. U 9.45.080 Fraudulent removal of property. 9.45.090 Knowingly receiving fraudulent conveyance. E •L 9.45.100 Fraud in assignment for benefit of creditors. U 9.45.160 Fraud in liquor warehouse receipts. o 9.45.170 Penalty. a; 9.45.210 Altering sample or certificate of assay. 9.45.220 Making false sample or assay of ore. 9.45.260 Fire protection sprinkler system contractors - Wrongful acts. U 9.45.270 Fraudulent filing of vehicle report of sale. 9.46.0201 "Amusement game." U 9.46.0205 "Bingo." 9.46.0209 "Bona fide charitable or nonprofit organization." 9.46.0213 "Bookmaking." a 9.46.0217 "Commercial stimulant." 9.46.0221 "Commission." 9.46.0225 "Contest of chance." 9.46.0229 "Fishing derby." E 9.46.0233 "Fund-raising event." 9.46.0237 "Gambling." 9.46.0241 "Gambling device." 9.46.0245 "Gambling information." o 9.46.0249 "Gambling premises." 9.46.0253 "Gambling record." N 9.46.0257 Lottery." 9.46.0261 "Member," "bona fide member." 9.46.0265 "Player." 9.46.0269 "Professional gambling." 9.46.0273 "Punchboards," "pull-tabs." 0 9.46.0277 "Raffle." 9.46.0282 "Social card game." 9.46.0285 "Thing of value." 9.46.0289 "Whoever," "person." � 9.46.170 False or misleading entries or statements, refusal to produce U records. 9.46.185 Causing person to violate rule or regulation. 9.46.190 Violations relating to fraud eF deceit, altering or misrepresenting, betting, or gambling - Penalty. N 9.46.195 Obstruction of public servant - Penalty. N 9.46.196 Cheating - Defined. 9.46.1961 Cheating in the first degree. N 9.46.1962 Cheating in the second degree. a� E 8 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 50 4.D.a r 9.46.198 Working in gambling activity without license as violation - c Penalty. a 9.46.215 Ownership or interest in gambling device - Penalty - Exceptions. 0 9.46.217 Gambling records - Penalty - Exceptions. U 9.46.221 Professional gambling in the second degree. 9.46.222 Professional gambling in the third degree. E •L 9.46.228 Gambling activities by persons under age eighteen prohibited U - Penalties - Jurisdiction - In-house controlled purchase N programs authorized. a� 9.46.240 Gambling information, transmitting or receiving. 9.47.080 Bucket shop defined. 9.47.090 Maintaining bucket shop - Penalty. U 9.47.100 Written statement to be furnished - Presumption. c 9.47A.010 Definition. U 9.47A.020 Unlawful inhalation - Exception. 9.47A.030 Possession of certain substances prohibited, when. 9.47A.040 Sale of certain substances prohibited, when. Y 9.47A.050 Penalty. 9.51.010 Misconduct of officer drawing jury. 9.51.020 Soliciting jury duty. 9.51.030 Misconduct of officer in charge of jury. E 9.51.040 Grand juror acting after challenge allowed. 9.51.050 Disclosing transaction of grand jury. 9.51.060 Disclosure of deposition returned by grand jury. 9.55.020 Witness refusingto attend legislature or committee or to g o testify. 9.61.190 Carrier or racing pigeons - Injury to. N 9.61.200 Carrier or racing pigeons - Removal or alteration of identification. 9.61.230 Telephone harassment. 9.61.240 Telephone harassment - Permitting telephone to be used. 9.61.250 Telephone harassment - Offense, where deemed committed. o 9.62.010 Malicious prosecution. 9.62.020 Instituting suit in name of another. 9.66.010 Public nuisance. 9.66.020 Unequal damage. U 9.66.030 Maintaining or permitting nuisance. 9.66.040 Abatement of nuisance. 9.66.050 Deposit of unwholesome substance. 9.68.015 Obscene literature, shows, etc. - Exemptions. N 9.68.030 Indecent articles, etc. N 9.68.050 "Erotic material" - Definitions. 9.68.060 "Erotic material" - Determination by court - Labeling - N Penalties. 9.68.070 Prosecution for violation of RCW 9.68.060 - Defense. 9 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 51 4.D.a r 9.68.080 Unlawful acts. 0 9.68.100 Exceptions to RCW 9.68.050 through 9.68.120. a 9.68.110 Motion picture operator or projectionist exempt, when. 9.68.130 "Sexually explicit material" - Defined - Unlawful display. 0 9.68.140 Promoting pornography - Class C felony - Penalties. 9.68A.011 Definitions. 9.68A.050 Dealing in depictions of minor engaged in sexually explicit E •L conduct. U 9.68A.060 Sending, bringing into state depictions of minor engaged in o sexually explicit conduct. a; 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct. 9.68A.075 Viewing depictions of a minor engaged in sexually explicit U conduct. 9.68A.080 Reporting of depictions of a minor engaged in sexually explicit L) conduct - Civil immunity. 9.68A.090 Communication with minor for immoral purposes - Penalties. 9.68A.102 Promoting travel for commercial sexual abuse of a minor - Y Penalty - Consent of minor does not constitute defense. 9.68A.103 Permitting commercial sexual abuse of a minor - Penalty - Consent of minor does not constitute defense. 9.68A.110 Certain defenses barred, permitted. E 9.68A.120 Seizure and forfeiture of property. a 9.68A.150 Allowing minor on premises of live erotic performance - Definitions - Penalty. 9.69.100 Duty of witness of offense against child or any violent offense o - Penalty. 9.72.090 Committal of witness - Detention of documents. N 9.73.010 Divulging telegram. 9.73.020 Opening sealed letter. 9.73.030 Intercepting, recording or divulging private communication - Consent required - Exceptions. 9.73.050 Admissibility of intercepted communication in evidence. 0 9.73.070 Persons and activities excepted from chapter. 9.73.080 Penalties. 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 - Standards - Court authorizations - Admissibility. 0 9.73.100 Recordings available to defense counsel. 9.73.110 Intercepting, recording, or disclosing private communications - Not unlawful for building owner - Conditions. 9.73.230 Intercepting, transmitting, or recording conversations N concerning controlled substances or commercial sexual abuse N of a minor - Conditions - Written reports required - Judicial review - Notice - Admissibility - Penalties. N 9.73.260 Pen registers, trap and trace devices, cell site simulator devices. E 10 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 52 4.D.a r 9.81.010 Definitions. 0 9.81.030 Membership in subversive organization is felony - Penalty. Q 9.81.110 Misstatements are punishable as perjury - Penalty. 9.86.010 "Flag," etc., defined. 0 9.86.020 Improper use of flag prohibited. 9.86.030 Desecration of flag. 9.91.010 Denial of civil rights - Terms defined. E •L 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. 9.91.060 Leaving children unattended in a parked automobile. o 9.91.130 Disposal of trash in charity donation receptacle. 9.91.140 Food stamps - Unlawful sale. 9.91.142 Food stamps - Trafficking. 9.91.144 Food stamps - Unlawful redemption. 9.91.150 Tree spiking. 9.91.160 Personal protection spray devices. ci 9.91.170 Interfering with dog guide or service animal. r 9.91.175 Interfering with search and rescue dog. 9.91.180 Violent video or computer games. Y 9.92.020 Punishment of gross misdemeanor when not fixed by statute. 9.92.030 Punishment of misdemeanor when not fixed by statute. 9.92.040 Punishment for contempt. 9.92.080 Sentence on two or more convictions or counts. E 9.94.041 Narcotic drugs, controlled substances, alcohol, marijuana, other intoxicant, cell phone, or other form of electronic telecommunications device — Possession, etc., by prisoners — Penalty. o 9.96.060 Vacating records of conviction for misdemeanor and gross misdemeanor offenses. MmsderneaneF OF gFOss n9isdengeaneFN M rprengetingprestitutien in the f.FSt U C ipremeting eemngercial sexual R abuse of a C i Or traffmckmng in peFSens, certain statute OF FUle FegaFding the Fegulatien of fishing - L 0 Q SECTION 4. - Amendment - Section 9.02.070. Section 9.02.070 of a� the Kent City Code, entitled "RCW Title 9A, entitled Washington Criminal c0 Code' - Adoption by reference," is amended as follows: c E •L U Sec. 9.02.070. RCW Title 9A, entitled "'Washington Criminal o N Code" - Adoption by reference. The following RCW sections, as currently N O enacted or as hereafter amended or recodified from time to time, are hereby N r c a� E 11 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 53 4.D.a r adopted by reference and shall be given the same force and effect as if set 0 forth herein in full: Q a� 0 U RCW c 9A.04.020 Purposes - Principles of construction. E L 9A.04.030 State criminal jurisdiction. U 9A.04.040 Classes of crimes. o 9A.04.050 People capable of committing crimes - Capability of children. 9A.04.060 Common law to supplement statute. 9A.04.070 Who amenable to criminal statutes. a 9A.04.080 Limitation of actions. 9A.04.090 Application of general provisions of the code. c 9A.04.100 Proof beyond a reasonable doubt. U 9A.04.110 Definitions. r 9A.08.010 General requirements of culpability. 9A.08.020 Liability for conduct of another - Complicity. Y 9A.08.030 CerperateEntity and personal liability. 0, 9A.12.010 Insanity. 9A.16.010 Definitions. 9A.16.020 Use of force - When lawful. E 9A.16.060 Duress. 9A.16.070 Entrapment. 9A.16.080 Action for being detained on mercantile establishment premises for investigation - "Reasonable grounds" as defense. o 9A.16.090 Intoxication. 9A.16.100 Use of force on children - Policy - Actions presumed N unreasonable. 9A.16.120 Outdoor music festival, campground - Detention. 9A.20.010 Classification and designation of crimes. CU 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after. o 9A.20.030 Alternative to a fine - Restitution. r 9A.28.020 Criminal attempt. 9A.28.030 Criminal solicitation. 9A.28.040 Criminal conspiracy. 9A.36.031 Assault in the third degree. c0 9A.36.041 Assault in the fourth degree. 9A.36.050 Reckless endangerment. 9A.36.060 Promoting a suicide attempt. L 9A.36.070 Coercion. N 9A.36.080 Hate crime offenseflalmeFeus haFassment - Definition and o N criminal penalty. 9A.36.100 Custodial assault. N 9A.36.140 Assault of a child in the third degree. 9A.36.150 Interfering with the reporting of domestic violence. 12 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 54 4.D.a r 9A.36.160 Failing to summon assistance. 0 9A.36.161 Failing to summon assistance - Penalty. Q 9A.40.010 Definitions. 9A.40.040 Unlawful imprisonment. 0 9A.40.060 Custodial interference in the first degree. L) 9A.40.070 Custodial interference in the second degree. 9A.40.080 Custodial interference - Assessment of costs - Defense - E •L Consent defense, restricted. 9A.40.090 Luring. o 9A.40.110 Coercion of involuntary servitude. 9A.40.120 Enforcement of orders restricting contact. 9A.42.010 Definitions. a 9A.42.030 Criminal mistreatment in the second degree. 9A.42.035 Criminal mistreatment in the third degree. c 9A.42.037 Criminal mistreatment in the fourth degree. 9A.42.040 Withdrawal of life support systems. r 9A.42.045 Palliative care. 9A.42.050 Defense of financial inability. Y 9A.42.070 Abandonment of a dependent person in the second degree - Exception. �a 9A.42.080 Abandonment of a dependent person in the third degree - Exception. E 9A.42.090 Abandonment of a dependent person - Defense. 9A.42.110 Leaving a child in the care of a sex offender. 9A.44.010 Definitions. 9A.44.020 Testimony - Evidence - Written motion - Admissibility. 0 9A.44.030 Defenses to prosecution under this chapter. 9A.44.060 Rape in the third degree. N 9A.44.079 Rape of a child in the third degree. 9A.44.089 Child molestation in the third degree. 9A.44.093 Sexual misconduct with a minor in the first degree. c 9A.44.096 Sexual misconduct with a minor in the second degree. 9A.44.105 Sexually violating human remains. 0 9A.44.115 Voyeurism. r 9A.44.120 Admissibility of child's statement - Conditions. 9A.44.128 Definitions applicable to RCW 9A.44.130 through 9A.44.145, 10.01.200, 43.43.540, 70.48.470, and 72.09.330. 9A.44.130 Registration of sex offenders and kidnapping offenders - c0 Procedures - Definition - Penalties. 9A.44.132 Failure to register as sex offender or kidnapping offender— Refusal to PFOVide D-NA. 9A.44.150 Testimony of child by closed-circuit television. N 9A.44.160 Custodial sexual misconduct in the first degree. N 9A.44.170 Custodial sexual misconduct in the second degree. N 9A.44.180 Custodial sexual misconduct - Defense. N 9A.44.190 Criminal trespass against children - Definitions. 9A.44.193 Criminal trespass against children - Covered entities. V 13 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 55 4.D.a r 9A.44.196 Criminal trespass against children. 0 9A.44.210 Court initiated issuance of sexual assault no-contact orders— Q Terms, conditions, requirements, etc. 9A.46.010 Legislative finding. 0 9A.46.020 Definition - Penalties. 9A.46.030 Place where committed. 9A.46.040 Court-ordered requirements upon person charged with crime - E •L Violation. 9A.46.050 Arraignment - No contact order. c 9A.46.060 Crimes included in harassment. 9A.46.070 Enforcement of orders restricting contact. 9A.46.080 Order restricting contact - Violation. a 9A.46.085 Stalking no-contact orders - Appearance before magistrate required. 9A.46.090 Nonliability of peace officer. ci 9A.46.100 "Convicted," time when. r 9A.46.110 Stalking. 9A.46.120 Criminal gang intimidation. Y 9A.48.010 Definitions. 9A.48.040 Reckless burning in the first degree. 9A.48.050 Reckless burning in the second degree. 9A.48.060 Reckless burning - Defense. E 9A.48.080 Malicious mischief in the second degree. 9A.48.090 Malicious mischief in the third degree. 9A.48.100 Malicious mischief - "Physical damage" defined. � 9A.48.105 Criminal street gang tagging and graffiti. o 9A.48.110 Defacing a state monument. 9A.49.001 Findings. N 9A.49.010 Definitions. 9A.49.020 Unlawful discharge of a laser in the first degree. 9A.49.030 Unlawful discharge of a laser in the second degree. 9A.49.040 Civil infraction, when. 9A.49.050 Exclusions. o 9A.50.010 Definitions. r 9A.50.020 Interference with health care facility. 9A.50.030 Penalty. 9A.50.060 Informational picketing. 9A.52.010 Definitions. 0 U 9A.52.050 Other crime in committing burglary punishable. 9A.52.060 Making or having burglar tools. 9A.52.070 Criminal trespass in the first degree. 9A.52.080 Criminal trespass in the second degree. N 9A.52.090 Criminal trespass - Defenses. N 9A.52.095 Vehicle prowling in the first degree. N 9A.52.100 Vehicle prowling in the second degree. N 9A.52.105 Removal of unauthorized persons - Declaration - Liability - r Rights. 14 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 56 4.D.a r 9A.52.115 Removal of unauthorized persons - Declaration form - Penalty 0 for false swearing.1 Q 9A.56.010 Definitions. 9A.56.020 Theft - Definition, defense. 0 9A.56.040 Theft in the second degree. L) 9A.56.050 Theft in the third degree. 9A.56.060 Unlawful issuance of checks or drafts. •L 9A.56.063 Making or possessing motor vehicle theft tools. 9A.56.075 Taking motor vehicle without permission in the second degree. o 9A.56.083 Theft of livestock in the second degree. 9A.56.096 Theft of rental, leased, lease-purchased, or loaned property. 9A.56.100 Theft and larceny equated. 9A.56.110 Extortion - Definition. 9A.56.130 Extortion in the second degree. 9A.56.140 Possessing stolen property - Definition - Presumption. ci 9A.56.160 Possessing stolen property in the second degree - Other than r firearm or motor vehicle. 9A.56.170 Possessing property in the third degree. Y 9A.56.180 Obscuring the identity of a machine. 9A.56.220 Theft of subscription television services. 9A.56.230 Unlawful sale of subscription television services. 9A.56.240 Forfeiture and disposal of device used to commit violation. E 9A.56.260 Connection of channel converter. 9A.56.262 Theft of telecommunication services. 9A.56.264 Unlawful manufacture of telecommunication device. 9A.56.266 Unlawful sale of telecommunication device. o 9A.56.270 Shopping cart theft. 9A.56.280 Credit, debit cards, checks, etc. - Definitions. N 9A.56.290 Credit, payment cards - Unlawful factoring of transactions. 9A.56.320 Financial fraud - Unlawful possession, production of instruments of. CU 9A.56.330 Possession of another's identification. 9A.56.340 Theft with the intent to resell. o 9A.56.350 Organized retail theft. r 9A.56.360 Retail theft with special circumstances. a 9A.56.370 Mail theft. 9A.56.380 Possession of stolen mail. 9A.56.390 Mail theft - Possession of stolen mail - Commission of other 0 U crime. 9A.58.010 Definitions. 9A.58.020 Possessing, or reading or capturing, information contained on another person's identification document - Exceptions. N 9A.60.010 Definitions. o N 9A.60.020 Forgery. N 9A.60.030 Obtaining a signature by deception or duress. N 9A.60.040 Criminal impersonation in the first degree. 9A.60.045 Criminal impersonation in the second degree. 15 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 57 4.D.a r 9A.60.050 False certification. 0 9A.60.060 Fraudulent creation or revocation of a mental health advance Q directive. 9A.60.070 False academic credentials - Unlawful issuance or use - 0 Definitions - Penalties. L) 9A.60.080 Impersonating a census taker. 9A.61.010 Definitions. E •L 9A.61.020 Defrauding a public utility. 9A.61.040 Defrauding a public utility in the second degree. o 9A.61.050 Defrauding a public utility in the third degree. 9A.61.060 Restitution and costs. 9A.64.010 Bigamy. 9A.64.020 Incest. 9A.64.030 Child selling - Child buying. 9A.68.020 Requesting unlawful compensation. ci 9A.68.030 Receiving or granting unlawful compensation. r 9A.68.040 Trading in public office. 9A.68.050 Trading in special influence. Y 9A.72.010 Definitions. 9A.72.030 Perjury in the second degree. 9A.72.040 False swearing. 9A.72.050 Perjury and false swearing - Inconsistent statements - Degree E of crime. a 9A.72.060 Perjury and false swearing - Retraction. 9A.72.070 Perjury and false swearing - Irregularities no defense. 9A.72.080 Statement of what one does not know to be true. 0 9A.72.085 Unsworn statements, certification - Standards for subscribing 00 to an unsworn statement. N 9A.72.120 Tampering with a witness. 9A.72.140 Jury tampering. 9A.72.150 Tampering with physical evidence. c 9A.76.010 Definitions. 9A.76.023 Disarming a law enforcement or corrections officer. 0 9A.76.025 Disarming a law enforcement or corrections officer - r Commission of another crime. 9A.76.027 Law enforcement or corrections officer engaged in criminal conduct. 9A.76.030 Refusing to summon aid for a peace officer. c0 9A.76.040 Resisting arrest. 9A.76.050 Rendering criminal assistance - Definition of term. 9A.76.060 Relative defined. L 9A.76.070 Rendering criminal assistance in the first degree. N 9A.76.080 Rendering criminal assistance in the second degree. N 9A.76.090 Rendering criminal assistance in the third degree. N 9A.76.100 Compounding. N 9A.76.150 Introducing contraband in the second degree. 9A.76.160 Introducing contraband in the third degree. V 16 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 58 4.D.a r 9A.76.170 Bail jumping. 0 9A.76.175 Making a false or misleading statement to a public servant. Q 9A.76.177 Amber alert - Making a false or misleading statement to a public servant. 0 9A.76.190 Failure to appear or surrender - Affirmative defense - Penalty. 9A.76.200 Harming a police dog, accelerant detection dog, or police horse - Penalty. E •L 9A.80.010 Official misconduct. 9A.82.010 Definitions. o 9A.82.045 Collection of unlawful debt. 9A.82.055 Trafficking in stolen property in the second degree. 9A.82.070 Influencing outcome of sporting event. a 9A.82.080 Use of proceeds of criminal profiteering - Controlling enterprise or realty - Conspiracy or attempt. c 9A.82.100 Remedies and procedures. 9A.82.120 Criminal profiteering lien - Authority, procedures. r 9A.82.130 Criminal profiteering lien - Trustee of real property. 9A.82.160 Criminal profiteering lien - Trustee's failure to comply, evasion Y of procedures or lien. 9A.82.170 Financial institution records - Inspection and copying - Wrongful disclosure. 9A.84.010 Criminal mischief. E 9A.84.020 Failure to disperse. 9A.84.040 False reporting. 9A.86.010 Disclosing intimate images. 9A.88.010 Indecent exposure. o 9A.88.030 Prostitution. 9A.88.040 Prosecution for prostitution under RCW 9A.88.030 - Affirmative N defense. 9A.88.050 Prostitution - Sex of parties immaterial - No defense. 9A.88.060 Promoting prostitution - Definitions. c 9A.88.080 Promoting prostitution in the second degree. 9A.88.085 Promoting travel for prostitution. o 9A.88.090 Permitting prostitution. r 9A.88.110 Patronizing a prostitute. 9A.88.120 Additional fee assessments. 9A.88.130 Additional requirements. 9A.88.140 Vehicle impoundment - Fees - Fines. c0 9A.88.150 Seizure and forfeiture. 9A.90.030 Definitions. 9A.90.040 Computer trespass in the first degree. 9A.90.050 Computer trespass in the second degree. N 9A.90.060 Electronic data service interference. o N 9A.90.070 Spoofing. N 9A.90.080 Electronic data tampering in the first degree. N 9A.90.090 Electronic data tampering in the second degree. 9A.90.100 Electronic data theft. 17 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 59 4.D.a r 9A.90.110 Commission of other crime. 0 9A.90.130 Cyberstalking. Q a SECTION 5. -Adoption - Section 9.02.095. A new Section 9.02.095 of the Kent City Code, entitled "RCW Title 15, entitled Agriculture and E Marketing' - Adoption by reference," is adopted as follows: Sec. 9.02.095. RCW Title 15, entitled ""Agriculture and a Marketing" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and L) effect as if set forth herein in full: L) c a� Y RCW 15.21.060 Penalties. 15.24.200 Penalties. E 15.26.300 Violations — Penalty. 15.28.270 Violations — Penalty. 15.30.250 Penalties for violating chapter. 15.35.300 General penalty — Misdemeanor — Exception. o 15.36.473 Failure to comply with chapter or rules — Criminal penalties. 00 15.37.150 Penalty. N 15.44.170 Penalty. 15.53.904 Department's remedies for noncompliance - Classification of crimes—Prosecutions—Injunctions. 15.54.362 Reports - Inspection fees - Late fees - Confidentiality - Penalty - Exception. 0 15.58.330 Violation of chapter — Misdemeanor. r 15.60.055 Violations — Penalty. 15.61.050 Violations — Penalty. 15.62.220 Violations — Misdemeanor. 15.65.520 Criminal acts and penalties 0 15.66.210 Unlawful acts — Penalties — Injunctions — Investigations. 15.80.640 Writing, etc., false ticket or certificate — Influence — Penalty. 15.80.650 Violations — Penalty — Criminal — Civil—Opportunity to request hearing. N 15.115.310 Penalties — Injunctions — Referring a violation to the county CIA prosecutor - Jurisdiction N 15.130.560 Criminal Penalties. N c a� E 18 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 60 4.D.a r SECTION 6. - Amendment - Section 9.02.110. Section 9.02.110 of 0 the Kent City Code, entitled "Chapter 17.04 RCW, entitled Weed districts' - Q a� Adoption by reference,' is amended to be entitled "RCW Title 17, entitled 0 U "Weed, Rodents, and Pests" - Adoption by reference," and is amended as follows: E •L U N Sec. 9.02.110. Chapter 17.04RCW Title 17, entitled "Weed L dusttiets" ""Weed, Rodents, and Pests" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or U recodified from time to time, are hereby adopted by reference and shall be 0 given the same force and effect as if set forth herein in full: r U c RCW Y c 17.04.280 Officials of district may enter lands - Penalty for prevention. 17.10.235 Selling product, article, or feed containing noxious weed seeds E or toxic weeds — Penalty — Rules — Inspections — Fees. Q aD c SECTION 7. - Amendment - Section 9.02.150. Section 9.02.150 of L the Kent City Code, entitled "RCW Title 26, entitled Domestic Relations' - o Adoption by reference," is amended as follows: N M V Sec. 9.02.150. RCW Title 26, entitled ""Domestic Relations" - c Adoption by reference. The following RCW sections, as currently enacted o or as hereafter amended or recodified from time to time, are hereby adopted r by reference and shall be given the same force and effect as if set forth a herein in full: 0 RCW U 26.04.110 Penalty for failure to deliver certificates. 26.04.240 Penalty for unlawful solemnization - Code 1881. L 26.04.250 Penalty for unlawful solemnization - 1909 c 249. N 26.09.300 Restraining orders - Notice - Refusal to comply - Arrest - N Penalty - Defense - Peace officers, immunity. N 26.10.220 Restraining OFders Notice Refusal to comply AFrest O Penalty Defense Peace N , 26.20.030 Family abandonment - Penalty - Exception. E U 19 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 61 4.D.a r 26.20.035 Family nonsupport - Penalty - Exception. 0 26.20.071 Evidence - Spouse or domestic partner as witness. Q 26.20.080 Proof of wilfulness - Application of penalty provisions. 26.26B.438050 Restraining order - Knowing violation - Penalty - Law 0 enforcement immunity. U E U void.26.26.240 Surrogate parenting Contract for cempensatien N 26.26A.45-9355 Confidentiality of genetic testing - Penalty. 2.26A.470 Proceeding to adjudicate parentage—Temporary child support orders, restraining orders, preliminary injunctions, domestic U violence protection orders, antiharassment protection orders, c and other court orders—Preservation of support debt. U 26.28.060 Child labor - Penalty. r 26.28.070 Certain types of employment prohibited - Penalty. U 26.28.080 Selling or giving tobacco to minor - Belief of representative Y capacity, no defense - Penalty. 26.28.085 Applying tattoo to a minor - Penalty. 26.33.370 Permanent eare and custody of a Child Assumption, when prehibited Penalty. (D 26.34.010 Compact enacted - Provisions. 26.34.030 "Appropriate public authorities" defined. � 26.34.040 "Appropriate authority of the receiving state" defined. o 26.34.070 "Executive head" defined - Compact administrator. 26.34.080 Violations - Penalty. N 26.38.110 Prohibited custody transfer. 26.44.015 Limitations of chapter. 26.44.020 Definitions. CU 26.44.030 Reports - Duty and authority to make - Duty of receiving agency - Duty to notify - Case planning and consultation - o Penalty for unauthorized exchange of information - Filing r dependency petitions - Investigations - Interviews of children - Records - Risk assessment process. 26.44.040 Reports - Oral, written - Contents. 26.44.060 Immunity from civil or criminal liability - Confidential c0 communications not violated - Actions against state not affected - False report, penalty. 26.44.063 Temporary restraining order or preliminary injunction - Enforcement - Notice of modification or termination of N restraining order. N 26.44.067 Temporary restraining order or preliminary injunction - N Contents - Notice - Noncompliance - Defense - Penalty. N 26.44.080 Violation - Penalty. r c a� E U 20 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 62 4.D.a r 26.44.150 Temporary restraining order restricting visitation for persons 0 accused of sexually or physically abusing a child - Penalty for Q violating court order. 26 SO.0 n D f0n;t0en 0 26 Cori n Vmeiat;en of ,.i=der n.�.�s U c municipality n9ay be i=equested to assist Costs and attOffiey's E fee-, U 0 26.50.250 Disclosure of of 26.52.010 Definitions. 26.52.020 Foreign protection orders - Validity. 26.52.050 Peace officer immunity. U 26.52.070 Violation of foreign orders - Penalties. c U SECTIONS. - Amendment - Section 9.02.340. Section 9.02.340 of the Kent City Code, entitled "RCW Title 46, entitled Motor Vehicles' - Y Adoption by reference," is amended as follows: aD E Sec. 9.02.340. RCW Title 46, entitled "Motor Vehicles" - Q a� Adoption by reference. The following RCW sections, as currently enacted c or as hereafter amended or recodified from time to time, are hereby adopted 0 by reference and shall be given the same force and effect as if set forth 00 0 herein in full: M a� c RCW c 46.09.495 Failure to title or register an off-road vehicle - Penalty, 0 circumstances when. r 46.10.505 Failure to register a snowmobile, circumstances when. 46.12.610 Contaminated vehicles. 46.12.640 Disclosure violations, penalties. 46.16A.050 Registration - Requirements before issuance - Penalty - Rules. c0 46.16A.070 Registration - Cancellation, refusal, etc. - Appeals. 46.19.010 Criteria for natural persons - Application - Identification cards, placards, and license plates. L 46.20.091 Application - Penalty for false statement - Driving records from N and to other jurisdictions. N 46.29.610 Surrender of license - Penalty. 46.29.620 Forged proof - Penalty. cm 46.35.030 Confidential information - Exceptions - Penalty. r 46.52.130 Abstract of driving record - Access - Fee - Violations. U 21 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 63 4.D.a r 46.55.300 Vehicle immobilization. 0 46.68.010 Refunds, overpayments, and underpayments - Penalty for false Q statements. 46.70.021 License required for dealers or manufacturers - Penalties. 0 46.70.051 Issuance of license - Private party dissemination of vehicle U database. 46.70.140 Handling "hot" vehicles - Unreported motor "switches" - E L Unauthorized use of dealer plates - Penalty. 46.70.170 Penalty for violations. o 46.72.100 Unprofessional conduct - Bond/insurance policy - Penalty. 46.72A.060 Insurance - Amount - Penalty. 46.72A.070 Vehicle certificates - Issuance of new or duplicate certificate - Penalty. U 46.80.020 License required - Penalty. c 46.80.080 Records - Penalty. 46.80.110 License penalties, civil fines, criminal penalties. 46.80.130 All storage at place of business - Screening required - Penalty. 46.80.170 Violations - Penalties. a 46.82.390 Penalty. 46.87.290 Refusal, cancellation of credentials applieatien, eab eaFE1- Procedures, penalties. E Q SECTION 9. - Adoption - Section 9.02.530. Section 9.02.530 of the Kent City Code, entitled "RCW Title 70, entitled Public Health and Safety' - L Adoption by reference," is amended as follows: o 00 0 N M Sec. 9.02.530. RCW Title 70, entitled "Public Health and Safety" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, o are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: a a� 0 RCW v Fa 70.02.330 Obtaining confidential records under false pretenses - Penalty. •9 70.05.120 Violations - Remedies - Penalties. 70.24.022 Interviews, examination, counseling, or treatment of infected N persons or persons believed to be infected - Dissemination of N false information - Penalty. 70.24.025 Violations of health order - Penalties. N 70.24.027 Intentional transmission of HIV - Penalties. 70.24.080 Penalty. 22 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 64 4.D.a r 70.28.033 Treatment, isolation, or examination order of health officer - 0 Violation - Penalty. Q 70.41.170 Operating or maintaining unlicensed hospital or unapproved tertiary health service - Penalty. 0 70.42.180 Operating without a license - Injunctions or other remedies - U Penalty. 70.54.010 Polluting water supply - Penalty. E •L 70.54.020 Furnishing impure water - Penalty. 70.54.030 Pollution of watershed of city in adjoining state - Penalty. o 70.54.050 Exposing contagious disease - Penalty. 70.54.065 Ambulances and drivers - Penalty. 70.54.070 Door of public buildings to swing outward - Penalty. 70.54.080 Liability of person handling steamboat or steam boiler. U 70.54.090 Attachment of objects to utility poles - Penalty. c 70.54.160 Public restrooms - Pay facilities - Penalty. U 70.54.350 Electrology and tattooing - Practitioners to comply with rules - Penalty. 70.54.400 Retail restroom access - Customers with medical conditions - a Penalty. 70.58.280 Penalty. 70.58A.590 Penalties. 70.62.280 Violations - Penalty. E 70.74.010 Definitions. a 70.74.022 License required to manufacture, purchase, sell, use, possess, transport, or store explosives - Penalty - Surrender of explosives by unlicensed person - Other relief. o 70.74.160 Unlawful access to explosives. 70.74.272 Malicious placement of an imitation device - Penalties. N 70.74.275 Intimidation or harassment with an explosive - Class C felony. 70.74.295 Abandonment of explosives. 70.74.300 Explosive containers to be marked - Penalty. 70.74.310 Gas bombs, explosives, stink bombs, etc. 70.74.400 Seizure and forfeiture. 0 70.75.040 Sale of nonstandard equipment as misdemeanor - Exceptions. 70.84.010 Declaration - Policy. 70.84.060 Unauthorized use of white cane, dog guide, or service animal. 70.84.070 Penalty for violations. 70.85.010 Definitions. 0 U 70.85.020 Refusal to yield line - Penalty. 70.85.030 Request for line on pretext of emergency - Penalty. 70.86.040 Penalty. 70.87.145 Order to discontinue operation - Notice - Conditions - Contents N of order - Recision of order - Violation - Penalty - Random N inspections. 70.87.180 Violations. N 70.90.205 Criminal penalties. 70.94.430 Penalties. 23 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 65 4.D.a r 70.95.240 Unlawful to dump or deposit solid waste without permit - 0 Penalties - Litter cleanup restitution payment. Q 70.95.515 Fee on the retail sale of new replacement vehicle tires - Failure to collect, pay to department - Penalties. 0 70.95.560 Waste tires - Violation of RCW 70.95.555 - Penalty. 70.9513.140 Penalties for violations - Injunctions. 70.95D.100 Penalties. E •L 70.95I.040 Oil sellers - Education responsibility - Penalty. 70.95I.060 Disposal of used oil - Penalty. N 70.951.060 Violations - Punishment. a; 70.97.140 Unlicensed operation - Criminal penalty. 70.99.050 Violations - Penalties - Injunctions - Jurisdiction and venue - Fees and costs. U 70.107.070 Rules relating to motor vehicles - Violations - Penalty. c 70.108.130 Penalty. L) 70.108.150 Firearms - Penalty. 70.110.040 Compliance required. 70.111.030 Unsafe cribs - Prohibition - Definition - Penalty. Y 70.119.130 Violations - Penalties. 70.122.090 Criminal conduct - Penalties. 70.123.078 Disclosure of Information. 70.124.070 Failure to report is gross misdemeanor. E 70.127.020 Licenses required after July 1, 1990 - Penalties. 70.128.055 Operating without a license - Misdemeanor. 70.138.070 Criminal penalties. 70.148.060 Disclosure of reports or information - Penalty. o 70.155.050 Sampling prohibited - Penalty. 70.155.080 Purchasing, possessing by persons under eighteen - Civil N infraction -Jurisdiction. 70.155.140 Shipping or transporting tobacco products ordered or purchased by mail or through the internet prohibited - Penalty. 70.158.060 Penalties - Application of consumer protection act. 70.170.070 Penalties. 0 70.175.090 Participants authorized to contract - Penalty - Secretary and r state exempt from liability. 70.185.080 Participants authorized to contract - Penalty - Secretary and state exempt from liability. 70.230.070 Denial, suspension, or revocation of license - Investigating 0 complaints - Penalties. Fa 70.345.030 License required - Must allow inspections - Sale of certain ` substances prohibited - Penalties. 70.345.090 Mail and internet sales - License required - Age and identity N verification - Penalties - Enforcement - Application of N consumer protection act - Rules. N 70.345.100 Product tastings - Requirements - Penalty. N c a� E 24 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 66 4.D.a r SECTION 10. - Adoption - Section 9.02.535. A new Section c 9.02.535 of the Kent City Code, entitled "RCW Title 70A, entitled Q a� 'Environmental Health and Safety' - Adoption by reference," is adopted as 0 U follows: E •L U Sec. 9.02.535. RCW Title 70A, entitled "Environmental Health N R and Safety" - Adoption by reference. The following RCW sections, as C) L currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and U a� effect as if set forth herein in full: 0 U U RCW c as 70A.20.070 Rules relating to motor vehicles — Violations — Penalty. 70A.10.180 Penalty. 70A.15.3150 Penalties. 70A.300.100 Violations — Criminal penalties. E 70A.300.110 Violations — Gross misdemeanor. 70A.120.130 Violations — Penalties. c 70A.200.060 Littering prohibited — Penalties — Litter cleanup restitution payment. 0 70A.205.195 Unlawful to dump or deposit solid waste without permit — Penalties — Litter cleanup restitution payment. N 70A.205.410 Fee on the retail sale of new replacement vehicle tires — Failure to collect, pay to department — Penalties. 70A.205.450 Waste tires — Violation of RCW 70A.205.445 — Penalty. 70A.212.160 Penalties for violations — Injunctions. 70A.216.100 Penalties. 0L 70A.224.040 Oil sellers — Education responsibility — Penalty. r 70A.224.060 Disposal of used oil — Penalty. 70A.226.070 Violations — Punishment. 70A.300.110 Violations — Gross misdemeanor. 70A.315.070 Criminal penalties. 0 70A.325.080 Disclosure of reports or information — Penalty. 70A.388.220 Penalties. 70A.390.050 Violations — Penalties — Injunctions — Jurisdiction and venue — Fees and costs. N 70A.420.080 Certification required to perform lead-based paint N activities — Certificate revocation — Penalties. 70A.425.130 Penalties. N 0 N C N E t V 25 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 67 4.D.a r SECTION 11. - Amendment - Section 9.02.605. Section 9.02.605 0 of the Kent City Code, entitled "RCW Title 82, entitled 'Excise Tax' - Adoption Q a� by reference," is amended and retitled as follows: 0 U c Sec. 9.02.605. RCW Title 82, entitled "Excise Taxes" - E U Adoption by reference. The following RCW sections, as currently enacted N O or as hereafter amended or recodified from time to time, are hereby adopted C) L by reference and shall be given the same force and effect as if set forth herein in full: U a� 0 U RCW c� 82.12.040 Retailers to collect tax — Penalty. c 82.1413.042 Payment and collection of taxes—Penalties for violations. Y 82.26.190 Distributors and retailers — Valid license required — Violations — Penalties. 82.32.290 Unlawful Acts - Penalties 82.32.330 Disclosure of return or tax information. a 82.86.040 Payment and collection. 82.87.140 Tax criminal penalties. L O SECTION 12. - Severability. If any one or more section, subsection, 00 O or sentence of this ordinance is held to be unconstitutional or invalid, such M decision shall not affect the validity of the remaining portion of this ordinance c and the same shall remain in full force and effect. E L O SECTION 13. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are a� authorized to make necessary corrections to this ordinance, including the c U correction of clerical errors; ordinance, section, or subsection numbering; or c references to other local, state, or federal laws, codes, rules, or regulations. E •L U N N O N N O N C N E t V 26 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 68 4.D.a r a 0 SECTION 14. - Effective Date. The City Council finds and declares Q a� that an emergency exists which necessitates that this ordinance become 0 U effective immediately in order to preserve the public health, safety and welfare. This ordinance, having been adopted by unanimous vote, shall U become effective immediately upon passage, and further shall be considered N O retroactively effective as of the date each state law adopted by reference L took effect. The City Clerk is directed to publish a summary of this ordinance at the earliest possible publication date. 0 U r U July 18, 2022 c DANA RALPH, MAYOR Date Approved Y c c ATTEST: a July 18, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted 0 July 22, 2022 0 Date Published M a� CU c APPROVED AS TO FORM: L 0 TAMMY WHITE, ACTING CITY ATTORNEY a a� 0 U R c E •L U N N O N T- N O N r C E t V 27 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions Q Packet Pg. 69 4.E HUMAN RESOURCES DEPARTMENT Teri Smith, SHRM-CP, PHR 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5270 DATE: July 19, 2022 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: 2022-2023 Insurance Renewal Update SUMMARY: Property Insurance renewal was July 1. The recent premium history is as follows: • July 2018 to July 2019 $362,500 Premium increase of 7%, due primarily to increased reinsurance costs resulting from 3 hurricanes and the fires in California during 2017. • July 2019 to July 2020 $477,521 Premium increase of 23% due to severe losses due to California fires and flooding, combined with the 2 major carriers limiting their coverage. To offset, we've lowered our flood/earthquake limits to $35M and we've lowered our per occurrence maximum to $150M. • July 2020 to July 2021 $581,822 Premium increase of 22% due to ongoing volatility in reinsurance markets, including negative loss development, increased cost of reinsurance and decreased profitability. Our primary carrier has further limited their participation in the primary layer in response to the market limitations noted above. • July 2021 to July 2022 $677,599 Premium increase of 16%, which was below average cost increases. 3% of increase is due to increased value of City buildings insured. The primary carrier has further limited participation in the first layer of coverage down from $25M to $10M, which coincides with their corporate strategy to limit risk in this market. Total coverage remains consistent. • July 2022 to July 2023 $791,678 Total premium increase of 16.8%, due in almost equal parts to a rate increase of 8.6% and an increase in building values of 7.5%. All aspects of the Property program remain the same as last year, including $25M of flood/earthquake coverage. The Property insurance market remains challenging in light of continuing loss experience nationwide and worldwide. Packet Pg. 70 2022/2022 2022 J 2023 $150A00A00 S150,001D.000 000 p0tl Axis/sta rstnrxNottsdale $25.000,000 arch/srarnonr/scor sdale 525M $75M 100% 306P6 $10A9D UDD Lea'inran/Western WmidiPalo le�dngt—/Western Wnrld/Palanar/Starstoroe 55,000,000 510M SS.000.OD0 Siam All Risk Earlhpuake and Flood Flood— All Risk Earthquake a1:d F.00c Flaotl- A&V A&V Deductibles: $200,000 Sh w r Earthquake: 596/$100,000Minimum {� Deductibles- S%/$000 Flood: Earthquake: 5%/$100,Ot70 Minimum $250,000 except 5%/$IM for Zone Flood: $250,000 except 5%/$iM for Zone A&V(Showare A&V(ShoWare TIV: $341,370,872 TIV: $367,035,979(7.52%) Total Premium-S'677,599 Total Premium:$'791,673(16 84%) Rate: .19411 Rate; .2108-(8.61%) "I n c I udes 5u rp Ius Lines Taxes&Fees BUDGET IMPACT: Property insurance premium increased due to market conditions. Despite the increase, the Property Insurance fund has reserved adequate funds to absorb the increase within the projected budget. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 71 4.F FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: July 19, 2022 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: May Financial Report SUMMARY: Michelle Ferguson, Financial Planning Manager, will report out the May 2022 financial report. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. May 2022 Consolidated Monthly Report (PDF) Packet Pg. 72 4.F.a May 2022 Monthly • • City of . • General Fund Overview 2022 2022 Revenues 127,536,660 51,014,030 Expenditures 129,723,820 38,808,560 Net Revenues Less Expenditures (2,187,160) 12,205,470 Q. a� Beginning Fund Balance 43,321,480 c Ending Fund Balance 41,134,320 31.7% N N O N Required Endina Fund Balance Calculation Budgeted Expenditures for 2022 (from above) 129,723,820 Z 18.0% 0 18% GF Ending Fund Balance 23,350,288 Z 0 r N milin 0 lions General Fund Ending Fund Balance 10-year History (excluding C Annexation) 50.00 45.00 41.97 45.28 0 40.00 a� r 35.00 32.98 30.00 N 25.00 18.92 20.65 21.66 (p 20.00 N 15.00 N 10.00 9.46 5.00 0.00 d 2014 2015 2016 2017 2018 2019 2020 Prelim 2021 E t U r Q Page 1 of 14 Packet Pg. 73 May 2022 Monthly Report City of • General Fund Overview - Revenues CategoriesRevenue Taxes: Property 32,451,450 17,284,944 Sales & Use 21,027,000 10,978,428 Utility 19,507,350 9,278,222 0. Business & Occupation 19,100,000 4,503,814 Other 879,790 216,194 .3 Licenses and Permits 7,400,610 3,518,940 Intergovernmental Revenue 2,891,130 1,356,527 ;S Charges for Services 6,309,570 2,657,035 N Fines and Forfeitures 1,172,910 270,030 N Miscellaneous Revenue 2,348,500 664,895 Transfers In 14,448,350 285,000 Total Revenues 127,536,660 51,014,030 Z O O LL z 0 r N B&O Taxes 2022 Budgeted 15% Other Taxes General Fund 1io Licenses and � Permits Intergovernmental Revenues Utility Taxes 6% 2% 15% r � c 0 Charges for Services 5% Fines and Forfeits .o -1% c Other 0 U 21% N Misc& N 0 Transfers In N 13% ca c d E Sales Taxes v 17% Q Property Taxes 25% Page 2 of 14 Packet Pg. 74 ReportMay 2022 Monthly Financial City of Kent, Washington General Fund Revenues ($ in Thousands) All Revenues Sources Prior Year Budgeted Actual $140,000 Revenues Revenues Revenues January 5,898 6,951 6,113 $120,000 February 4,174 6,323 5,033 $100,000 March 6,127 8,777 7,100 $80,000 April 21,521 21,429 21,933 May 7,927 9,462 10,834 0 $60,000 June 5,491 7,445 0 Q' 0 $40,000 July 9,733 9,255 0 IV- August 6,326 6,634 0 $20,000 September 5,725 7,316 0 $0 October 21,552 22,471 0 ii Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 8,364 9,138 0 N December 10,968 12,336 0 0 22 Bud f 21 Act 22 Act Total 113,807 127,537 51,014 N 0 Property J Z PriorO $35,000 Revenues Revenues Revenues 0 $30,000 January - 0 0 Z February 217 250 57 $25,000 March 1,438 1,150 1,289 004 $20,000 April 13,218 12,649 12,892 May 1,945 2,439 3,048 0 $15,000 June 198 617 0 m $10,000 _ July 80 145 0 w A August 190 135 0 ._ $5,000 September 394 587 0 0 $p October 12,046 12,095 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,123 2,142 0 r December 203 242 0 0 22Bud f21Act 4 22Act Total 32,053 32,451 17,285 0 c 0 U N N Prior Year Budgeted Actual $25,000CN 0 January 1,802 1,640 2,063 $20,000 - February 2,264 1,941 2,329 March 1,786 1,619 2,112 $15,000 - April 1,753 1,493 2,063 v May 2,270 1,799 2,411 2 r $10,000 June 2,005 1,646 0 Q July 2,061 1,519 0 $5,000 August 2,172 1,859 0 September 2,070 1,740 0 $0 October 2,023 1,771 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,150 1,887 0 December 2,473 2,112 0 �22 Bud f21 Act -4--22 Act Total 24,829 21,027 10,978 Page 3 of 14 Packet Pg. 75 ReportMay 2022 Monthly Financial City of Kent, Washington General Fund Revenues ($ in Thousands) Utility Tax Prior Year Budgeted Actual 0 $25,000 Revenues Revenues Revenues January 2,141 1,935 1,980 $20,000 February 1,215 1,644 1,889 March 1,583 1,666 1,805 _ $15,000 - April 1,700 1,768 1,859 1` O May 1,542 1,569 1,745 y $10,000 June 1,312 1,438 0 w 15- July 2,420 1,729 0 $5,000 August 1,632 1,505 0 c September 1,621 1,697 0LL $0 October 1,588 1,471 0 N N Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,625 1,564 0 N December 1,884 1,521 0 22 Bud f 21 Act 22 Act Total 20,263 19,507 9,278 � Other Taxes z Z O BudgetedPrior Year O $20,000 Revenues Revenues Revenues LL z_ $18,000 - January 283 86 2 $16,000 February 2 3 3 N $14,000 March (156) 134 79 $12,000 April 2,912 3,091 3,087 $10,000 May 1,008 1,296 1,549 m $8,000 June 203 231 0 w $6,000 July 2,966 3,717 0 t $4,000 - August 1,219 943 0 0 $2,000 September 107 125 0 2 $0 1 i October 3,083 3,864 0 y r Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,107 994 0 December 4,940 5,496 0 22 Bud f21Act 22 Act Total 17,674 19,980 4,720 C O U Other Revenues N N (Intergovernmental, for Forfeits, . O N Prior Year Budgeted Actual $35,000Revenues Revenues Revenues $30,000 _ January 1,672 3,428 2,068 February 475 1,317 755 t $25,000 March 1,476 3,490 1,815 U $20,000 - - - - _ April 1,938 2,571 2,033 Q May 1,161 2,135 2,081 $15,000 - June 1,773 3,459 0 $10,000 July 2,205 2,748 0 August 1,113 1,939 0 $5,000 September 1,533 3,126 0 $0 1 October 2,812 3,282 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,359 2,271 0 December 1,469 4,806 0 22 Bud f 21 Act �22 Act Total 18,988 34,571 8,752 Page 4 of 14 Packet Pg. 76 4.F.a May 2022 MonthlyReport City of . • General Fund Overview - Expenditures Department City Council 293,240 123,170 Administration 3,280,590 769,098 Economic & Community Dev 9,403,640 3,041,619 Finance 3,199,480 1,119,465 Q. Fire Contracted Services 3,877,220 1,975,070 W Human Resources 2,109,860 733,562 .3 Law 1,639,480 584,179 c Municipal Court 3,868,530 1,385,282 u- Parks, Recreation & Comm Svcs 22,379,410 7,333,268 N 0 Police 49,437,690 19,741,902 N Non-Departmental 30,234,680 2,001,945 Total Expenditures 129,723,820 38,808,560 J z O O U_ z 2022 Budgeted General Fund Expenditures o r N M O Non-Departmental City Council m 23% 0.23% t c Police 0 38% Human Resources p 2% Other O _ U 3% N N O � N A inistration >, 3% Law c 1% ECD t 7% U r Finance Q 3% Fire Contracted Parks, Recreation & Municipal Court Services Comm Svcs 3% 3% 17% Page 5 of 14 Packet Pg. 77 May 2022 Monthly Financial Report 4.F.a City of . • General Fund 2022 2022 BudgetActual Prelim Adj Beginning Fund Balance 34,399,775 41,969,900 43,321,480 43,321,480 Revenues Taxes: Property 31,374,827 32,052,967 32,451,450 17,284,944 Sales & Use 23,629,972 24,828,972 21,027,000 10,978,428 Utility 18,970,715 20,262,726 19,507,350 9,278,222 Business & Occupation 14,784,795 17,060,649 19,100,000 4,503,814 Other 418,235 613,502 879,790 216,194 ii Licenses and Permits 7,223,420 7,171,129 7,400,610 3,518,940 0 Intergovernmental Revenue 3,196,701 3,322,233 2,891,130 1,356,527 Charges for Services 3,658,232 5,299,515 6,309,570 2,657,035 Fines and Forfeitures 776,948 809,293 1,172,910 270,030 J Miscellaneous Revenue 1,954,937 943,344 2,348,500 664,895 zz Transfers In 4,820,343 1,442,364 14,448,350 285,000 p LL Total Revenues 110,809,127 113,806,695 127,536,660 51,014,030 z 0 Expenditures N M City Council 384,062 272,914 293,240 123,170 Administration 1,774,808 2,847,633 3,280,590 769,098 G a Economic & Community Dev 6,711,489 7,469,721 9,403,640 3,041,619 Finance 2,323,636 2,574,151 3,199,480 1,119,465 Fire Contracted Services 3,674,401 3,280,458 3,877,220 1,975,070 0 Human Resources 1,405,219 1,524,097 2,109,860 733,562 2 Information Technology 172,932 Law 1,452,088 1,444,860 1,639,480 584,179 :22 Municipal Court 3,402,314 3,394,639 3,868,530 1,385,282 00 c Parks, Recreation & Comm Svcs 16,631,899 17,758,211 22,379,410 7,333,268 o Police 43,464,679 45,793,526 49,437,690 19,741,902 N Public Works 629,087 (720) N Non-Departmental 20,802,826 21,907,021 30,234,680 2,001,945 Total Expenditures 102,829,440 108,266,510 129,723,820 38,808,560 c d Net Revenues less Expenditures 7,979,686 5,540,186 (2,187,160) 12,205,470 r Ending Fund Balance 42,379,461 47,510,086 41,134,320 55,526,950 Q Ending Fund Balance Detail: General Fund Reserves 41,969,900 43,321,480 41,134,320 based on same year actuals/budget 40.8% 40.0% 31.7% Page 6 of 14 Packet Pg. 78 ReportMay 2022 Monthly Financial City of Kent, Washington General Fund Year-to-Year Month Comparison Budgetthru May thru May thru May Variance Revenues Taxes: Property 14,234,907 16,818,723 17,284,944 466,221 2.8% 53.3% Sales & Use 10,615,126 9,875,859 10,978,428 1,102,569 11.2% 52.2% Utility 8,864,167 8,181,065 9,278,222 1,097,157 13.4% 47.6% 0 Business & Occupation 3,513,354 3,971,327 4,503,814 532,487 13.4% 23.6% (1) Other 185,723 77,065 216,194 139,129 180.5% 24.6% 0 Licenses and Permits 2,831,899 2,717,454 3,518,940 801,486 29.5% 47.5% .5 Intergovernmental Revenue 1,467,352 1,256,968 1,356,527 99,559 7.9% 46.9% Charges for Services 1,886,748 1,595,156 2,657,035 1,061,879 66.6% 42.1% Fines and Forfeitures 427,229 376,158 270,030 (106,128) -28.2% 23.0% N Miscellaneous Revenue 423,546 777,327 664,895 (112,432) -14.5% 28.3% N Transfers In 450,000 - 285,000 285,000 2.0% Total Revenues 44,900,051 45,647,103 51,014,030 5,366,927 11.8% 40.0% Expenditures J Z City Council 169,261 120,037 123,170 3,133 2.6% 42.0% O Administration 728,365 1,084,016 769,098 (314,918) -29.1% 23.4% 0 Economic &Community Dev 2,869,869 2,953,638 3,041,619 87,981 3.0% 32.3% Z Finance 947,024 1,105,326 1,119,465 14,140 1.3% 35.0% c Fire Contracted Services 1,516,394 1,513,789 1,975,070 461,281 30.5% 50.9% N Human Resources 689,623 624,205 733,562 109,357 17.5% 34.8% Information Technology 208,812 - - r_ Law 636,948 569,633 584,179 14,545 2.6% 35.6% a Municipal Court 1,405,567 1,367,957 1,385,282 17,325 1.3% 35.8% Parks, Recreation &Comm Svcs 6,782,117 6,382,632 7,333,268 950,636 14.9% 32.8% >+ Police 18,096,502 18,445,387 19,741,902 1,296,514 7.0% 39.9% Public Works 507,254 - - 0 Non-Departmental 2,930,465 4,954,806 2,001,945 (2,952,861) -59.6% 6.6% Total Expenditures 37,488,202 39,121,427 38,808,560 (312,867) -0.8% 29.9% 0 GF Revenues thru May GF Expenditures thru May o U 20,000,000 25,000,000 N N 18,000,000 N 16,000,000 20,000,000 - 14,000,000 12,000,000 15,000,000 10,000,000 ■2020 92020 N E 8,000,000 ■2021 10,000,000 a 2021 v 6,000,000 112022 Lj 2022 4,000,000 - 5,000,000 - Q 2,000,000 0 0 Property Sales& Utility Other Police Parks *General ECD Non-Dept& Taxes Use Taxes Taxes Revenues Govt. Other *General Govt. includes City Council, Mayor/Clerk, HR, IT, &Finance Page 7 of 14 Packet Pg. 79 4.F.a May 2022 Monthly Financial Report City of Kent, Washington Fund Balances BalanceEstimated Estimated Beginning Estimated Estimated Ending Fund Fund Revenues Expenditures 0 0. Operating revenues and expenditures only; capital and non-capital projects are excluded. General Fund General Fund 43,321,480 127,536,800 129,723,800 41,1341480 ii Special Revenue Funds N N O Street Fund 9,736,452 20,697,370 18,968,770 11,465 052 N LEOFF 1 Retiree Benefits 1,293,114 1,386,060 1,572,840 1,106,334 Lodging Tax 115,838 899,100 509,050 505,888 J Youth/Teen Programs 334,472 1,313,800 925,650 722,622 z O Capital Resources 25,145,315 19,725,830 19,076,560 25,794,585 O Criminal Justice 10,185,251 12,041,680 10,214,860 12,012,071 z Human Services 1,139,615 3,684,000 3,684,000 1,139,615 0 ShoWare Operating 4,449,395 1,159,000 2,993,600 2,614,795 M Other Operating 517,607 113,320 121,630 509,297 0 Debt Service Funds Q- m Councilmanic Debt Service 2,949,057 6,847,680 7,456,470 2,340,267 >, Special Assessments Debt Service 587,812 691,660 682,020 597,452 0 Enterprise Funds Water Utility 16,064,903 36,812,080 29,219,840 23,657,143 2 Sewer Utility 3,360,825 46,480,500 34,615,610 15,225,715 :2 Drainage Utility 19,679,465 31,807,740 31,028,660 20,458,545 0 Solid Waste Utility 308,807 916,600 873,330 352,077 0 U Golf Complex 366,666 3,796,300 2,990,300 1,172,666 N 0 Internal Service Funds f� Fleet Services 4,126,131 9,594,500 9,194,910 4,5251721 2 Central Services 106,989 511,340 414,110 204,219 Information Technology 2,202,039 14,835,110 12,125,850 4,911,299 E z Facilities 3,579,671 8,404,800 8,965,980 3,018,491 r Unemployment 1,368,106 160,690 219,010 1,309,786 a Workers Compensation 1,484,860 1,200,260 1,575,160 1,109,960 Employee Health & Wellness 8,740,415 15,502,710 15,580,790 8,662,335 Liability Insurance 3,076,750 2,065,130 3,794,070 1,347,810 Property Insurance 1,044,143 1,389,600 785,750 1,647,993 Other Impact Fee Trust Fund 3,922,390 3,922,390 Page 8 of 14 Packet Pg. 80 2022 Monthly - . • 4.F.a City of . • Other Funds Overview (Revenues and Expenditures) Actual Prelim Budget YTD Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Special Revenue Funds Street Fund ° Q. Revenues 19,350,928 20,419,435 18,630,900 6,763,128 � Expenditures 19,205,266 16,768,746 18,968,770 5,155,724 Net Revenues Less Expenditures 145,662 3,650,689 (337,870) 1,607,405 ca c LEOFF 1 Retiree Benefits ii Revenues 1,232,575 1,199,965 1,277,880 418,231 N N Expenditures 1,571,585 1,519,460 1,572,840 607,070 N Net Revenues Less Expenditures (339,010) (319,495) (294,960) (188,839; Lodging Tax Revenues 158,384 221,252 582,740 364,908 Z Expenditures 270,532 165,720 509,050 32,449 O Net Revenues Less Expenditures (112,148) 55,532 73,690 332,459 0 Youth/Teen Programs Z Revenues 897,527 977,243 931,380 460,021 0 r Expenditures 691,260 822,054 925,650 2,617 M Net Revenues Less Expenditures 206,267 155,189 5,730 457,404 r_ Capital Resources a Revenues 22,885,707 28,353,626 19,937,010 9,682,683 Expenditures 27,520,426 18,092,140 19,076,560 676,325 >, Net Revenues Less Expenditures (4,634,719) 10,261,487 860,450 9,006,358 r c Criminal Justice ° Revenues 8,673,794 9,774,373 8,686,810 4,067,435 Expenditures 8,504,672 7,540,042 10,214,860 3,393,366 Net Revenues Less Expenditures 169,122 2,234,331 (1,528,050) 674,068 :a 0 Human Services Revenues 163,728 3,796,657 3,684,000 1,626,671 0 U Expenditures 116,660 2,704,110 3,684,000 48,181 c4 Net Revenues Less Expenditures 47,068 1,092,547 1,578,491 N ShoWare Operating Revenues 1,512,589 3,079,558 1,150,000 2 Expenditures 1,451,752 2,091,661 2,993,600 819,712 Net Revenues Less Expenditures 60,837 987,897 (1,843,600) (819, 112' Other Operating U Revenues 105,155 128,175 121,630 Expenditures 106,003 104,945 121,630 26,869 Q Net Revenues Less Expenditures (848) 23,230 (26,869; Debt Service Funds Councilmanic Debt Service Revenues 9,144,587 7,988,547 6,847,680 Expenditures 8,679,761 8,348,722 7,456,470 16,426 Net Revenues Less Expenditures 464,826 (360,174) (608,790) (16,426'd Page 9 of 14 Packet Pg. 81 2022 Monthly - . • 4.F.a City of . • Other Funds Overview (Revenues and Expenditures) Actual Prelim Budget YTD Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Special Assessment Debt Service Revenues 784,469 1,035,745 691,660 34,056 Q. Expenditures 1,386,712 858,473 682,020 2,721 Net Revenues Less Expenditures (602,243) 177,272 9,640 31,335 Enterprise Funds ca c Water Utility LL Revenues 29,573,424 29,810,341 29,334,150 10,086,384 N Expenditures 26,464,133 28,183,254 29,219,840 7,017,456 N Net Revenues Less Expenditures 3,109,291 1,627,087 114,310 3,068, 228 Sewer Utility Revenues 33,513,294 34,846,524 34,750,070 14,626,256 J Expenditures 32,252,706 33,974,459 34,615,610 13,338,995 p Net Revenues Less Expenditures 1,260,588 872,065 134,460 1,287,260 O z Drainage Utility 0 Revenues 24,537,483 25,408,140 23,506,990 10,029,584 N Expenditures 21,804,802 23,609,481 31,028,660 6,630,848 Net Revenues Less Expenditures 2,732,681 1,798,659 (7,521,670) 3,398,736 r- 0 Solid Waste Utility Revenues 837,309 855,492 644,510 325,717 Expenditures 876,871 995,385 873,330 519,720 Net Revenues Less Expenditures (39,562) (139,893) (228,820) (194, 003; o Golf Complex Revenues 5,938,183 2,526,316 3,007,180 1,039,662 a Expenditures 3,070,899 4,513,837 2,990,300 1,159,227 Net Revenues Less Expenditures 2,867,283 (1,987,522) 16,880 (119,565' -6 c 0 FundsInternal Service U N Fleet Services N 0 Revenues 5,478,589 5,674,822 7,819,690 2,426,373 Expenditures 6,559,539 4,894,499 9,194,910 2,035,733 0 Net Revenues Less Expenditures (1,080,950) 780,323 (1,375,220) 390,640 Central Services Revenues 309,535 355,897 436,600 111,119 z Expenditures 277,640 320,247 414,110 88,856 r Net Revenues Less Expenditures 31,895 35,650 22,490 22,262 a Information Technology Revenues 9,062,099 10,506,136 11,633,360 4,556,710 Expenditures 10,531,892 10,411,640 12,125,850 4,909,114 Net Revenues Less Expenditures (1,469,793) 94,496 (492,490) (352,404' Facilities Revenues 6,327,140 6,704,998 6,547,280 2,331,922 Expenditures 5,125,026 6,222,434 8,965,980 1,985,474 Net Revenues Less Expenditures 1,202,114 482,564 (2,418,700) 346,448 Page 10 of 14 Packet Pg. 82 2022 Monthly Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) 2020 2021 2022 2022 Actual Prelim Budget YTD Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Unemployment Revenues 166,229 134,862 148,170 67,646 0 Expenditures 151,350 161,765 219,010 62,169 Net Revenues Less Expenditures 14,879 (26,902) (70,840) 5,477 Workers Compensation Revenues 1,551,522 1,019,589 1,468,360 635,540 c Expenditures 2,106,616 1,788,435 1,575,160 991,449 u- Net Revenues Less Expenditures (555,093) (768,845) (106,800) (355,910; o N Employee Health & Wellness >, Revenues 15,929,224 15,795,365 15,580,790 6,697,793 M Expenditures 14,097,298 14,736,998 15,580,790 5,744,415 Net Revenues Less Expenditures 1,831,926 1,058,367 953,378 Z O Liability Insurance O Revenues 38,104 8,119,358 3,081,170 1,385,190 Z Expenditures 2,852,665 4,307,222 3,794,070 2,389,829 - Net Revenues Less Expenditures (2,814,561) 3,812,136 (712,900) (1,004,639; o N Property Insurance Revenues 578,755 605,819 785,750 325,910 r- 0 Expenditures 587,011 677,950 785,750 399,646 Net Revenues Less Expenditures (8,257) (72,131) (73,736: Other Funds r c Impact Fee Trust Fund 2 Revenues 4,357,166 3,957,718 3,922,390 1,072,394 0 Expenditures 4,356,851 3,958,033 3,922,390 659,155 0 Net Revenues Less Expenditures 315 (315) 413,239 6 c Other Fund Revenues Other Fund Expenditures UN 80,000,000 70,000,000 0 70,000,000 o Special O Special N _ Revenue 60,000,000 Revenue m 50,000,000 Funds 50,000,000 Funds 2 0,000,000 u Enterprise 40,000,000 U Enterprise 40,000,000 30,000,000 Funds 30,000,000 Funds 20,000,000 20,000,000 10,000,000 o 10,000,000 Internal o Internal U 0 - Service 0 h Service Q 2020 2021 2022 Funds 2020 2021 2022 Funds Actuals Prelim Budget Actuals Prelim Budget Page 11 of 14 Packet Pg. 83 4.F.a May 2022 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru May thru May thru May Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Special Revenue Funds Street Fund o Revenues 5,050,203 5,785,739 6,763,128 977,390 16.90/c aci Expenditures 4,546,430 3,895,150 5,155,724 1,260,574 32.40/a Net Revenues Less Expenditures 503,773 1,890,588 1,607,405 c ca LEOFF I Retiree Benefits Revenues 302,365 366,596 418,231 51,635 14.10/a u- Expenditures 661,644 592,306 607,070 14,764 2.5% c Net Revenues Less Expenditures (359,279) (225,710) (188,839) N Lodging Tax M Revenues 73,080 56,518 364,908 308,390 545.60% Expenditures 156,905 82,443 32,449 (49,994) -60.6% Z Net Revenues Less Expenditures (83,826) (25,924) 332,459 O O LL Youth/Teen Programs Z Revenues 403,701 437,431 460,021 22,589 5.2% - CD Expenditures 2,954 3,250 2,617 (633) -19.5% r 04 Net Revenues Less Expenditures 400,747 434,181 457,404 Capital Resources r_ 0 Revenues 8,063,310 6,983,316 9,682,683 2,699,367 38.70/a m Expenditures 376,236 1,609,973 676,325 (933,648) -58.0% W Net Revenues Less Expenditures 7,687,074 5,373,343 9,006,358 >4 r c Criminal Justice 0 Revenues 3,097,906 3,403,901 4,067,435 663,533 19.50/c Expenditures 2,369,100 2,642,038 3,393,366 751,328 28.40/c 2D Net Revenues Less Expenditures 728,805 761,863 674,068 -a 0 Human Services c Revenues 903,964 1,626,671 722,708 79.9% U Expenditures 48,181 48,181 N Net Revenues Less Expenditures 903,964 1,578,491 c N ShoWare Operating Revenues 29,009 855 (855) -100.00/0 : Expenditures 215,261 581,268 819,712 238,444 41.00/c aci Net Revenues Less Expenditures (186,253) (580,413) (819,712) E t U Admissions Tax revenues received quarterly (April, July, September, January) Q Other Operating Revenues Expenditures 73,604 17,387 26,869 9,482 54.50/a Net Revenues Less Expenditures (73,604) (17,387) (26,869) Combines several small programs, including City Art Program and Neighborhood Matching Grants Page 12 of 14 1 Packet Pg. 84 4.F.a May 2022 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru May thru May thru May Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Debt Service Funds Councilmanic Debt Service o Revenues 800,358 Expenditures 850,569 16,233 16,426 194 1.20/c Net Revenues Less Expenditures (50,211) (16,233) (16,426) c Debt service payments are generally due in June and December. c Special Assessments Debt Service LL N Revenues 156,375 297,660 34,056 (263,604) -88.60/c c Expenditures 327,472 2,546 2,721 175 6.90/a N Net Revenues Less Expenditures (171,097) 295,114 31,335 Enterprise FundsJ Z O Water Utility O Revenues 11,794,774 11,155,589 10,086,384 (1,069,205) -9.60% Z Expenditures 9,303,640 6,949,394 7,017,456 68,062 1.0% Net Revenues Less Expenditures 2,491,134 4,206,195 3,068,928 N Sewer Utility Revenues 13,972,091 14,289,242 14,626,256 337,014 2.4% r_ Expenditures 12,030,542 14,551,125 13,338,995 (1,212,129) -8.30% a Net Revenues Less Expenditures 1,941,549 (261,883) 1,287,260 Drainage Utility r Revenues 9,652,050 9,680,998 10,029,584 348,586 3.6% o Expenditures 5,762,478 7,804,067 6,630,848 (1,173,220) -15.00/c Net Revenues Less Expenditures 3,889,572 1,876,930 3,398,736 r Solid Waste Utility Revenues 284,952 280,637 325,717 45,080 16.10/c N Expenditures 435,363 380,988 519,720 138,732 36.40/c c Net Revenues Less Expenditures (150,410) (100,351) (194,003) L) N Golf Complex c Revenues 4,127,160 808,318 1,039,662 231,344 28.60/a Expenditures 939,096 2,759,317 1,159,227 (1,600,090) -58.0% Net Revenues Less Expenditures 3,188,064 (1,951,000) (119,565) c Internal Service Funds d E z U Fleet Services Revenues 2,246,137 2,361,619 2,426,373 64,755 2.70/c Q Expenditures 2,493,567 1,847,969 2,035,733 187,764 10.20/c Net Revenues Less Expenditures (247,429) 513,649 390,640 Central Services Revenues 111,110 138,810 111,119 (27,691) -19.9% Expenditures 126,268 116,731 88,856 (27,875) -23.9% Net Revenues Less Expenditures (15,158) 22,079 22,262 Page 13 of 14 Packet Pg. 85 4.F.a May 2022 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2020 2021 2022 2022-2021 thru May thru May thru May Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Information Technology Revenues 3,882,822 3,891,181 4,556,710 665,529 17.10/a Expenditures 4,238,147 4,180,346 4,909,114 728,768 17.40/c o 0. Net Revenues Less Expenditures (355,326) (289,166) (352,404) W IX Facilities F0 Revenues 2,202,072 2,328,024 2,331,922 3,898 0.20/c Expenditures 1,844,839 1,839,455 1,985,474 146,019 7.90/c Net Revenues Less Expenditures 357,233 488,569 346,448 ii Unemployment c Revenues 68,430 64,950 67,646 2,696 4.20/a N Expenditures 116,227 118,605 62,169 (56,436) -47.60/. �M"' Net Revenues Less Expenditures (47,796) (53,654) 5,477 M Workers Compensation J Revenues 631,358 392,917 635,540 242,623 61.7% p Expenditures 522,031 783,018 991,449 208,431 26.6% O Net Revenues Less Expenditures 109,327 (390,101) (355,910) Z Employee Health & Wellness c Revenues 6,541,840 6,775,651 6,697,793 (77,858) -1.1% N Expenditures 5,215,949 5,635,044 5,744,415 109,371 1.9% Net Revenues Less Expenditures 1,325,892 1,140,607 953,378 r_ 0 Liability Insurance Revenues 1,117,423 5,688,043 1,385,190 (4,302,853) -75.60/. Expenditures 1,115,837 2,698,927 2,389,829 (309,098) -11.5% Net Revenues Less Expenditures 1,586 2,989,117 (1,004,639) c 0 Property Insurance 2 Revenues 241,902 256,007 325,910 69,903 27.30/. Expenditures 254,676 311,714 399,646 87,932 28.20/c Net Revenues Less Expenditures (12,774) (55,707) (73,736) o Other Fundsc 0 Impact Fee Trust Fund V Revenues 705,859 1,090,123 1,072,394 (17,729) -1.6% c Expenditures 597,939 959,655 659,155 (300,500) -31.3% N Net Revenues Less Expenditures 107,920 130,468 413,239 Other Fund Revenues thru May Other Fund Expenditures thru May as 40,000,000 35,000,000 t 35,000,000 30,000,000 r 30,000,000 25,000,000 Q 25,000,000 _ 20,000,000 20,000,000 0 2020 ■2020 15,000,000 15,000,000 0 2021 0 2021 10,000,000 10,000,000 5,000,000 0 a 2022 a 2022 5,000,000 tic- - Special Enterprise Internal 0 Revenue Funds Service Funds Special Enterprise Internal Funds Revenue Funds Service Funds Fund Page 14 of 14 1 Packet Pg. 86 4.G FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: July 19, 2022 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: Utility Update SUMMARY: Customer Service Manager, Molly Bartlemay will present the utility update. Packet Pg. 87