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City Council Meeting - Council - Regular Agenda - 07/19/2022
KENT CITY COUNCIL AGENDA Tuesday, July 19, 2022 7:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 893 7028 5347, Passcode: 227317 Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner Councilmember Marli Larimer Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Employee of the Month ii. Proclamation for Parks and Recreation Month iii. Proclamation for National Night Out iv. Recognition of Adaptive Recreation State Special Olympic Athletes B. Community Events C. Public Safety Report D. Economic and Community Development Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report City Council Meeting City Council Regular Meeting July 19, 2022 B. Chief Administrative Officer's Report C. Councilmembers' Reports 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council at this meeting, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk@KentWA.gov. If you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at Mayor@KentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes i. Council Workshop - Workshop Regular Meeting - Jun 21, 2022 5:00 PM ii. City Council Meeting - City Council Regular Meeting - Jun 21, 2022 7:00 PM B. Payment of Bills C. Accept the Clark Springs Generator and Electrical Upgrades Project as Complete - Authorize D. Appointment to Public Facilities District Board - Appoint E. Cooperative Purchasing Agreement with Hewlett Packard Enterprise - Authorize F. Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize 9. OTHER BUSINESS A. Set August 16, 2022 Public Hearing for Alleyway Vacation in Bridges Ave./Railroad Ave. Neighborhood – Resolution – Adopt B. Emergency Ordinance Amending Chapter 9.02 of the Kent City Code - Adopt 10. BIDS A. City Hall Annex Tenant Improvements Bid - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION City Council Meeting City Council Regular Meeting July 19, 2022 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. PROCLAMATION WHEREAS, Parks and Recreation are an integral part of communities throughout this country, including Kent, Washington; and WHEREAS,Parks and Recreation programs are vitally important to establishing and maintaining the quality of life in Kent, ensuring the health of all residents, and contributing to the economic and environmental well- being of a community and region; and WHEREAS, wHEREAS, wHEREAS, wHEREAS, wHEREAS, Parks and Recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all Kent residents; and Parks and Recreation supports the economic vitality of communities by providing frontline jobs for both youth and adults, assisting with childcare and youth programs for the work force and our residents and by promoting community revitalization; and Parks and Recreation fosters social cohesiveness and builds community morale in Kent by celebrating its diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and Parks and Recreation strengthens community identity by providing facilities, programs and services that reflect and celebrate community character, heritage, culture, history, aesthetics, and landscape; and Parks and Recreation sustains and stewards Kent's natural resources by protecting habitats and open spaces, connecting people to nature, and promoting the ecological function of parklands; and WHEREAS, July is celebrated across the nation as Parks and Recreation Month. NOW, THEREFORE, r, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLATM JULY 2022 TO BE Parks and Recreation Month In Kent Washington and urge all residents to experience the many benefits by visiting Kent's many trails, parks and recreation resources. In witness whereof, I have hereunto set my hand this 1st day of July, 2022. KENT I WAsHrNcrox Mayor Dan ph 4.A.2 Packet Pg. 4 Communication: Proclamation for Parks and Recreation Month (Public Recognition) PROCLAMATION WHEREAS, the National Association of Town Watch is sponsoring a unique nationwide crime and drug prevention program on August 2,2022 called "National Night Out"; and WHEREAS, the city of Kent plays a vital role in assisting our Police Department through joint crime and drug prevention efforts across the City and is suppofting "National Night Out" locally; and WHEREAS, it is impoftant that all residents of the city of Kent know the value of crime prevention programs and the impact that citizen pafticipation can have on reducing crime and creating a safe and vibrant community; WHEREAS, National Night Out provides an opportunity for the community to come together as neighbors for an evening of celebration and fun that will strengthen our bonds and unify us in our goal of creating a strong community; NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim August 2, 2022 as National Night Out In Kent Washington and encourage all residents, neighborhoods and communities to pafticipate in the city's crime prevention efforts to more tightly weave the fabric of the community and strengthen community spirit. In witness whereof, I have hereunto set my hand this 19th day of July, 2O22. KENT WAsHtNoroN Mayor lph 4.A.3 Packet Pg. 5 Communication: Proclamation for National Night Out (Public Recognition) Page 1 of 13 Administration • Staff in ECD, Public Works, and Law continue to plan for the potential de- annexation by Kent of the Bridges neighborhood, and annexation of the neighborhood by Auburn. Staff from both Kent and Auburn continue to work on a public outreach program that will provide answers to frequently asked questions and allow residents to provide input. • Staff from Finance and other affected departments have put together a process for the expenditure of ARPA funds consistent with the direction of Council. Staff anticipates a presentation to Council soon regarding the process and tools developed by staff, and the current status of the ARPA funding, and will be scheduling regular updates. • Department leaders will be meeting this week to discuss budgeting for the next biennium – one of many steps in the process for producing the Mayor’s budget for Council consideration. Clerk’s Office • The City Clerk’s Office is currently recruiting for a Public Disclosure Analyst. This position focuses on the review and redaction of Police body worn camera video in addition to the general review and redacting of other records responsive to public disclosure requests. Visit Kentwa.gov to submit your application. • During the month of June, the Clerk’s Office responded to 573 requests for public records, including processing 1,874 minutes of body worn camera videos, and processing 78 contracts. Communications • Comms covered the Cornucopia Days 3- day event and parade. City social channels and KentTV21 posted photos, video and live stories/reels each day that focused on the many Corn Days events - vendors, performances, dragon boat races and the parade. • We want to thank Federal Way PD and Puget Sound Fire for joining us at the Grocery Outlet in Federal Way for our 5th Battle of the Badges. This time around they helped KPD to raise $3,022 to be split between the food banks in Kent and Federal Way! • There will be a flagpole raising and plaque dedication, 10 A.M on July 27, 2022 at the 4th and Willis Roundabout. The flag, which was flown over the Capitol in Washington D.C and donated by Congressman Adam Smith, will be raised by King County Councilmember Pete Von Reichbauer and Mayor Dana Ralph. The plaque and flagpole have been donated by the David Malik family and also in attendance will be members of VFW Post 6785, Korean American and community leaders including Korean War Veterans. Music provided by Blue Thunder! Race and Equity • The Race and Equity team are meeting with the internal CORE and external stakeholder groups 7/13/2022 for the last time to vet the strategic plan. • Maria has been assigned to work on a Title VI plan. As first steps towards compliance, ADMINISTRATION July 19, 2022 5.B Packet Pg. 6 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 2 of 13 she is working on posting Title VI information on the city website. • The vital document toolkit and first draft of the Language Access Plan are complete for ELT review. • Race and Equity Speaker series featuring Hasan Jeffries “Confronting Hard History” is coming up for residents, July 27 7:00-8:30 pm and July 28 for staff members from 10:30-12:00 pm. Long Range Planning Kent, along with our partners in Auburn, Burien, Federal Way, Renton, and Tukwila have won a VISION 2050 Award from the Puget Sound Regional Council for their work on the South King County Subregional Housing Action Framework. The Subregional Housing Action Framework is an innovative project to develop a common housing planning framework for the South King County subregion. This work directly served as a catalyst for the Kent Housing Options Plan and will feed into the housing element for the 2024 comprehensive plan update. Permit Center Statistics for the first half of 2022 • New applications: 2,392 • Consolidated correction letters issued: 436 • Resubmittals received: 454 • Permits issued: 2,088 • Current appointment wait time: 1 week • Amanda applications live: single family residential new • Courtney Black joined the City of Kent on July 1 to serve as the City’s Deputy Finance Director. Courtney served 18 years with FCS Group providing financial and management consulting to municipal government agencies. Prior to joining the City, she worked as the Rates, Capital, and Debt Unit Manager for the King County Wastewater Treatment Division. She holds two bachelor’s degrees, one in Economics and the other in Political Science. Courtney was recently appointed to serve on the EPA’s Environmental Financial Advisory Board. • Departments are working to finalize their operating and capital requests for the 2023/2024 biennial budget. Since this is a status quo budget, all operating requests should come with a means of funding. • On July 21, the Executive Leadership Team will participate in an all-day budget retreat to discuss the data submitted for the 2023/2024 biennial budget. July 22 has been reserved should extra time be needed. • The State Auditor’s Office will be kicking off the 2021 Financial and Single (Grant) audits later this month. The Accountability Audit will likely begin in August; however, will be in full swing after September 30. We will notify impacted departments as we become aware of the scope of work under any of these audits. • The Accounts Payable group has resumed regular monitoring of citywide PCard transactions. Card transactions and the related documents for each department/ division will be reviewed by the AP team and the results will be shared with the departments. • Accounts Payable has been reaching out to the payees of outstanding checks in an effort to reissue payments prior to the required annual reporting of unclaimed property to Washington State this fall. • The IRS mileage reimbursement rate that the City uses for employee mileage reimbursements has been increased by 4 cents to 62.5 cents per mile effective July 1. Fillable forms have been updated with the new rate. • Staff is working on quarterly reports for investments and the Firemen’s Relief and Pension Fund. • After seven years of service to the City as tax auditor, effective July 11 Adam Schierenbeck moved on to the City of Bellevue as Assistant Tax Manager. • Customer Service sent pre-lien letters to 362 utility customers with delinquent account balances in June. Many customers made payment after receiving the letter. Accounts that remain delinquent will have a lien filed later this month. ECD FINANCE 5.B Packet Pg. 7 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 3 of 13 Workday • Complete configuration changes for KPOA contract • Preparing for the Workday 2022 Release 2; the 5-week testing stage starts 8/6/22 • Workday Issue Tracking 21/22 year to date 229 (includes citywide and department specific requests/issues): total closed 169, total open in progress 18, total open 49 • Workday March Statistics o 7838 business process events initiated during the month o 413 business process events initiated by a manager during the month o 81 business processes completed including new hires, terminations and job changes o 50 employee benefits business processes completed in the month, including retirement savings changes, addition of dependents to an enrollment, new enrollments, and changes to eligibility Information Technology Projects • Radix replacement - to replace the existing Radix Utility Meter Reading System as it is no longer supported by the original vendor as of the end of 2021. • Electronic signature implementation phase II - to enhance and deploy an immediate enterprise electronic signature solution. Doing so will improve the speed and security of City of Kent documents and interface with Teams, Laserfiche and other enterprise solutions requiring secured signatures. Information Technology operational support for July 01, 2022 to July 12, 2022 • Number of tickets opened – 116 • Number of tickets closed – 205 Enterprise GIS General: • Continued normalization of address database • Working with Parks to help with GIS permissions • Completing inventory of GIS core data citywide • Working to complete preparation on the rearchitect of GIS system implementation • Assessing 2020 Census data • Addressing for Amanda stabilization Weekly Customer Service Requests • Monthly GIS data update • Providing customer support to help staff connect to GIS data • Managing Connect Explorer login access • eGIS participating in citywide software implementations and providing GIS support • Provided advice/assistance to City of Spokane Valley attorney’s office regarding enforcement of illicit massage parlors. • Assisted department staff in acquiring the property rights needed for various projects throughout the City. • Prosecution had 75 cases set on the trial readiness calendar for July. Of those cases, three were set to specific trial dates. The remaining cases were resolved by way of a plea, continued to a future trial date, or dismissed due to evidentiary issues. Of the cases set for trial, one was continued due to officer unavailability, one resulted in a guilty plea, and one was set for trial Wednesday, July 13. This report was due prior to the occurrence of the trial date so the disposition will be addressed in Law’s next report. • Advised police officers on notable court decisions that may impact their operations, and suggested actions officers could take to implement the effects of the court rulings while still effectively performing police services to the Kent community. • Assisted the HR Department in a number of sensitive employment and labor related matters. • Assisted City departments in reviewing and negotiating contract terms for a number of contracts related to construction, technological, and development projects. • Assisted outside counsel on a number of cases currently in litigation. HR IT LAW 5.B Packet Pg. 8 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 4 of 13 Recreation and Cultural Services • Staff attended Springbrook Elementary Multicultural Family night to share the various programs and activities Kent Parks will be offering this summer. Kent Parks booth was by far the most popular with the Smoothie Bike. • A big part of running summer camp and playground programs is proper staff training for 25+ part-time staff. Camp counselors and playground leaders spent 2- 3 days in training going over proper procedures, Workday, getting certified in 1st Aid/CPR, emergency preparedness and SEL (social emotional learning) for youth. A 2005 study of 80 camps by the American Camp Association (ACA) found significant growth in children’s social-emotional skills after a session of summer camp. Camp staff, parents, and children reported increases in children’s self-esteem, independence, leadership, friendship skills, social comfort, and values and decision- making skills, from the beginning to the end of a session. • Over 120 people attended informational parent nights for Camp Walkapala and Summer Sleepaway Camp. Campers were able to meet and engage with counselors, while staff met with parents to cover camp procedures, what a day or week looks like at camp and any additional parent questions. • Camps, playgrounds, drop-in soccer at West Fenwick and Wilson Playfield and HERO (Health, Exercise and Recreation Outreach) programs all kicked off summer programming on June 27. These programs are vital services that offer kids the opportunity to build friendships and social skills, become and stay physically active, learn leadership skills all while carving time out for active play. Camp Walkapala is full through August 5; only four spots remain for August 8-12. • The 2022 Summer Art Exhibit kicked off with a successful opening reception on Wednesday, June 8 from 6:30 to 8:00 p.m. Approximately 150 people attended, including many of the artists. The Purchase Jury met prior to the reception. The group, which was comprised of the two professional artists who juried the show, a City Councilmember, an Arts Commissioner, and a city staff person, selected 15 artworks for purchase. Once accepted by the Arts Commission, these artworks will become part of the City’s portable collection that is hung in public spaces throughout city buildings. The jury also selected ten artists who will be invited to have shared shows in the gallery over the next 18 months. • The Fourth of July Splash event made a post-COVID return to Lake Meridian Park on Monday, July 4. The day-time event (12:00-5:00 p.m.) included stage performances, games and activities for kids, food vendors, and the always-popular pie eating contest. The event was well- received and drew approximately 5,000 people throughout the day. • The 2022 Summer Concert Series kicked off on Wednesday, July 6 with a performance for kids and families by Doktor Kaboom! at Morrill Meadows Park. Despite a rainy day, approximately 150 attended the performance. The concert series brought Eden (formerly Kent favorite Shaggy Sweet) to Lake Meridian Park on Thursday, July 7 with 200 in attendance. • The latest Kent Creates exhibit – “Here Comes the Sun” – closed on June 30 with a strong showing of 50 submissions. Commissioner votes will select the top five entries for honorariums. Facilities • Detectives TI project at Centennial Center 3rd floor is at substantial completion. Furniture is installed and working with Police to start the move in. Damaged panels should be arriving by next week for full completion. • Generator Building repairs are underway. Parts issue has been resolved and the vendor has secured remaining parts with the goal to finish next week. Generator 2 still online and operational. • Solar grant application for the Senior Center roof was submitted. Timeline to PARKS, RECREATION, AND COMMUNITY SERVICES 5.B Packet Pg. 9 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 5 of 13 hear back has been moved up and may be as soon as the end of this month. Tracking closely. • Courthouse and Corrections generator project has begun. The back area is currently demoed, and the trench will begin to be dug soon. The generator has a very long lead time and expected to arrive in April 2023 at which time it will be installed and commissioned. • Police HQ renovation is in progress. Downstairs training room work is underway. The showers are starting to be installed. Exterior window frames installed. Roofing is now complete. Upstairs locker room is open and being used. • Senior Center roof bid was awarded to Signature Roof Service LLC. Working to complete the final contract currently and start date is anticipated late summer. • IT Annex remodel is out for bid. Bids were due 6/16/22 and we received one. Going to Council on 7/19/22. • Parking lot seal coating projects for the summer are finalized and work has started in the back lot at Centennial / IT Annex. More details forthcoming. • EV charging station for the City Hall campus parking garage arrived. Planning the install with the electrician right now, hoping to have completed in the next two weeks. • KMP roof top unit (RTU) scheduled to be replaced. Pending permit. • The City entered an IAA to work with DES on some HVAC projects coming up. Currently working with Ameresco to upgrade the chiller and boiler at Commons through this agreement. • Cooling systems have been switched on at all buildings. No major AC issues to report since the heat arrived but monitoring very closely. • Kent Commons gym floor sand, refinish and restriping is complete and looks amazing. Very exciting that we are now able to call it the Lori Hogan Gymnasium. Thanks to everyone involved! • Work with Public Works to fix and upgrade the East and West gates is underway. West gate should be completed 7/12 and the East gate will be in the following weeks. Thanks to Public Works for the collaboration. • At the driving range, we’re still waiting for the glass to arrive for the broken door and working through quotes for the set of doors that was smashed in by a car. This repair will take longer due the amount of damage and what it requires to replace. • Offered two custodians positions and happy to report that both accepted and plan to start on 8/1/22. Staff Changes - Hiring/Retirement/ Recruitment/Leaves/Promotions • Officer Jen Prusa retired June 30. • Detective Eric Moore resigned June 30. • Lateral Officers Spencer Meade and Malcom Wilson started July 1. • Entry Level Officer James Quidachay started July 1. Significant crime activities/arrests /investigations • On June 13, at 4:13 am, officers were dispatched to a DUI driver in the 25200 block of Pacific Hwy S. which ended up in an Officer Involved Shooting. VIIT responded and are currently investigating. • On June 14, at 8:55 pm, officers were dispatched to a carjacking that occurred at Ethos Apartments. The victim had parked her vehicle and was approached by a subject armed with a knife. The subject robbed the victim of her vehicle and fled the scene. The victim began tracking her phone, which was still inside her vehicle, and officers located it three minutes later. This resulted in a brief vehicle pursuit, which was terminated. The stolen vehicle was eventually found in Renton. The suspect was not located, and the vehicle was impounded. • On June 15, at 10:31 pm, officers were dispatched to a carjacking in the 500 block of 6th Ave S. The victim was sitting inside his vehicle looking at his phone when the suspect approached him with a gun. The suspect robbed him of his vehicle, which was recovered by an outside agency a couple days later. POLICE 5.B Packet Pg. 10 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 6 of 13 • On June 14 at 10:29 pm, officers were dispatched to Autozone located at 23918 104 Ave SE regarding a recent theft report. The victim observed two people trying to steal a vehicle. The victim decided to intervene and was armed with a handgun. As she approached the suspects, her handgun fell out of her waistband onto the ground. Before she could pick it up, one of the suspects grabbed it first and fled the scene. Detectives are investigating. • On June 15, at 12:26 am, officers were dispatched to Birchcreek Apartments regarding a shooting. Officers located the victim in the middle of the street who was later pronounced deceased. Video was obtained depicting the entire incident. Detectives are investigating. • On June 15, at 3:29 pm, officers were dispatched to the Chevron located at 1202 W Meeker St. A customer had come to the store and was seen looking at an employee’s motorcycle. About ten minutes later, the same customer came into the store and inquired about the owner of the motorcycle. When the employee said it belonged to him, the customer/suspect began begging for the keys. When the employee denied the request, the suspect pulled out a handgun and demanded the keys again. The employee lied stating the keys were at a nearby car wash which prompted the suspect to walk out of the store. The suspect was not located. • On June 17, at 10:43 pm, officers were dispatched to a shooting in the 400 block of Kennebeck Ave S. The house had damage from bullet strikes. During their investigation, it appeared that a house set back and behind the victim’s residence might have been the target of both shootings. The victim residence was hit because it was in line with the intended target. None of the occupants within the residence were injured. Detectives are investigating. • On June 17, at 10:26 am, officers were dispatched to a bank robbery at the Chase bank located at 13207 SE 272nd St. Two suspects walked into the bank and one passed a note claiming to have a gun demanding money from the teller. The employee complied giving the suspect around $8,000 and the suspects left on foot. • On June 19, at 10:45 pm, officers responded to reports of an assault that occurred at the Safeway located at 20830 108th Ave SE. The victim walked to the Safeway to purchase food. When he was walking home, three suspects (two armed with handguns) approached him and began to rob him of his belongings. They struck him over the head with a pistol, and eventually stole his money, wallet, and cell phone. Detectives are investigating. • On June 19, at 8:38 am, officers were dispatched to a robbery that occurred at the Cowgirls Espresso located at 1734 Central Ave S. The suspect pulled up to the coffee stand and when the employee walked up to the window to take his order, the suspect pulled out a rifle, pointed it at the employee, and robbed the business taking the cash on hand. Detectives are investigating. • On June 19, at 10:51 am, officers were dispatched to a stabbing at the Snow White Laundry located at 23406 Pacific Hwy S. They found the victim lying in the parking lot with serious injuries. He was a victim of a robbery. Detectives are investigating. • On June 20, a School Resource Officer was dispatched to a robbery of a Kent Meridian student which occurred at 7:30 am in the 25100 block of 97th Pl S. The student was walking to school when a vehicle driven by a male wearing a ski mask pulled up beside him, pointed a gun at him, and demanded money. The suspect eventually took the victim’s jacket and drove away. • On June 22, at 1:15 am, Valley Medical Center had a male arrive with a stab wound to his arm. The victim had been at the 76 Station at 64th and Meeker near the vacuums when he was approached by a male with a clown mask. The male asked him for money. When he told him he didn't have any money the male put a knife to his stomach and told him to hand over his phone and wallet. The victim fought with the suspect and managed to disarm him. The victim threw the knife but sustained a 5.B Packet Pg. 11 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 7 of 13 deep cut across the forearm during the struggle. Hospital staff was unable to control the bleeding and the victim was taken into surgery. Officers checked the area of 64th and Meeker for the knife but were unable to locate it. Detectives are investigating. • On June 22, at 1:00 pm, an officer was dispatched to another robbery of a Kent Meridian student in the parking lot of the old Top Foods located at 26015 104th Ave SE. The student had left Target and was walking back to the school when a vehicle pulled up beside him and the driver asked for money. When the victim gave the suspect of the vehicle some money, and the suspect saw the victim had more in his wallet; the suspect pulled out a shotgun and robbed the victim of the rest of his money. Detectives are investigating. • On June 22, at 7:42 pm, officers were dispatched to a robbery located in the 100 block of Washington Ave S. The victim was driving to Rite Aid to pick up a friend when she realized she was being followed. When she arrived at the store, four subjects approached her. The suspects claimed the victim owed them compensation for hitting them, pulled out handguns, pistol whipped her, and stole her wallet containing her Wells Fargo bank card and money. While the officers were interviewing the victim, she received approximately five alerts from Wells Fargo advising there was attempted uses of her card, but they were all declined. Detectives are investigating. • On June 23, at 5:00 pm, officers were dispatched to a report of threats with a weapon in a parking lot in the 23400 block of Pacific Highway South. A female had been pointing a handgun at another subject in the parking lot. As officers approached, the vehicle fled with the female with another occupant. Officers pursued northbound on Pacific Hwy. The suspect vehicle struck a curb early on which flattened the front passenger side tire, slowing the pursuit to some degree. As the pursuit approached 188th, the vehicle swerved onto the sidewalk, then struck the rear of a civilian vehicle causing damage but no serious injury to the driver. Officers were then able to pit the suspect vehicle and end the pursuit. The driver was taken into custody. A handgun was located in the driver’s seat of the car. • On June 24, at 12:10 am, officers were dispatched to a shooting at the Phoenix Court Apartments. They located the victim on a stairwell landing who had been shot in the abdomen. Limited information was given to officers while treating and assisting the victim. Detectives are investigating. • On June 24, at 1:22 pm, officers were dispatched to an accident in the area of S 212th St and 59th Ave S. One involved party was seriously injured. Two people were involved, the victim and the suspect who had been driving a white tow truck. It appeared the suspect may have rear ended the victim which prompted the two to exit their vehicles and discuss the matter on the street. The suspect eventually got back into the tow truck, drove around the victim vehicle using the sidewalk, and then parked in front of the victim vehicle. The suspect got out of the tow truck, approached the victim a second time and began to throw punches at the victim. The suspect eventually pushed the victim into traffic, who was hit by the back end of a truck. The suspect fled the scene in the tow truck. The victim was taken to the hospital who ended up with a fractured pelvis, fractured back and damage to his kidney. Detectives are investigating. • On June 24, at 7:57 pm, officers responded to a shooting at the 7-Eleven located at 22422 83rd Ave S. They located the victim who had gunshot wounds to both of his feet. The victim claimed the incident occurred in the north parking lot of Extended Stay America but provided no further specifics. A spent casing was found in the parking lot. Detectives are investigating. • On June 24, at 8:19 pm, officers were dispatched to a shooting at the Dollar Tree located at 23406 Pacific Hwy S. They found the intended victim(s) and suspects were no longer on location. However, they did find victims of the incident who had the vehicles hit by gunfire which included a 5.B Packet Pg. 12 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 8 of 13 King County Metro bus. In summary, a vehicle pulled up on 30th Ave, stopped to the east of the Dollar Tree, and a couple males got out. These individuals began to fire at an unknown target to the west in the Dollar Tree parking lot. Other witnesses saw subjects in the parking lot firing back at the suspects on 30th Ave S. 56 spent casings (rifle and handgun) were located on 30th Ave S, while 30 handgun rounds were located in the Dollar Tree parking lot. Detectives are investigating. • On June 25, at 2:32 am, officers were dispatched to Valley Medical Center for another shooting victim. The victim was shot outside of the Carriage Square Sports Bar. The victim had been outside the bar smoking when he heard a pop and his foot started feeling wet. He would not provide further details. Detectives are investigating. • On June 27, at 12:35 pm, officers were dispatched to a bank robbery which occurred at the Banner Bank located at 1140 W Meeker Street. Two males entered the bank and attempted to pass a note. The males claimed it was a check they wanted to cash, but the clerk refused to look at it. This was most likely because this crew had hit bank branches in Seattle, Tukwila, and Des Moines earlier in the day. The clerk handed the note back and the suspects became confused. They eventually left the scene. Kent and Seattle Detectives have already been working together regarding this ongoing bank robbery series involving this crew. • On June 27, at 9:08 pm, officers located a reported stolen vehicle at the Phoenix Court Apartments. They ended up detaining two juveniles associated with it, both were in possession of firearms. • On June 27, at 9:56 pm, officers were dispatched to the Phoenix Court Apartments regarding threats with a weapon. Officers located the suspect and detained him. They located a stolen firearm on the suspect who was also a convicted felon. • On June 29, at 12:02 pm, officers were dispatched to a convoluted incident at the Buena Casa Apartments. It started off as a possible occupied stolen vehicle parked in front of another stolen vehicle, evolved into a harassment, then an illegal discharge, and eventually was determined to be a felony harassment and Unlawful Possession of Firearms case. It's suspected one gun shot was fired by the suspect during the incident, but no one knows where he fired the shot as it was only heard. No victims were located regarding the gun shot and no casing was found. The suspect, who had an extensive felony criminal history, was found ditching the gun right before he was taken into custody. His female companion was arrested for her warrants. • On June 30, at 5:00 pm, an officer was on an unrelated call for service at the Snow White Laundry at 23250 Pacific Hwy S when she heard/on-viewed a shooting across the street at the old Burger King. No injuries were reported and after reviewing video surveillance; it appeared 5 males were involved and associated with two vehicles. Over 40 spent casings were recovered. Detectives are investigating. • On June 30, at 10:58 pm, officers were dispatched to a shooting at the Dick’s Drive in located at 24220 Pacific Hwy S. The suspect was located at the Robinhood Pizza up the street. Upon contacting the suspect, he tried to run but was apprehended. Officers located a discarded handgun at the business and video surveillance showed the suspect was the person who tried to hide the weapon. The suspect had an outstanding warrant out of King County for Assault 1. Upon investigating the shooting, it appeared the suspect fired the gun into the air and not at anyone. • On July 2, at 1:52 am, officers were on scene at the Central Ave Pub for closing as there were numerous calls for service that night regarding the crowd. Officers heard numerous exchanges of gunfire coming from the north side of the business and responded. Officers located one victim who suffered a gunshot wound to the head and later passed away from his injuries. A second victim later showed up at Valley Medical Center with a gunshot wound to the neck/shoulder. Detectives are investigating. 5.B Packet Pg. 13 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 9 of 13 • On July 2, at 6:13 am, officers were dispatched to the Phoenix Court Apartments regarding a stabbing. The victim sustained stab wounds to the neck and face. During the officers’ initial investigation, it appeared the victim had been stabbed at a different location and then drove to the Phoenix Court apartments to get help from friends. Detectives are investigating. • On July 2, at 6:28 am, officers were dispatched to the Knol Apartments regarding a recent sexual assault. The victim explained what happened and showed officers where the suspect was, who was still naked sitting inside a vehicle. The vehicle was pinned in, and he would not comply with commands. The tactical situation progressed resulting in a partial SWAT team callout. The suspect finally surrendered and was taken in custody. • On July 2, at 11:01 pm, officers were dispatched to a motorcycle collision at 25100 132 Ave SE, where the rider was on the ground, unresponsive, possibly not breathing. A witness said the rider was going northbound on 132nd and decided to pass a car by going into the center turn lane. The rider struck a center median island, and he was launched into the air for some distance. No other vehicles were involved. Medics transported him to Harborview and his current status is unknown. • On July 3, at 2:54 am, officers were dispatched to Harborview Medical Center regarding a subject who sustained a gunshot wound to the knee. The family of the victim were told by a friend that the victim had been shot near Kent Meridian High School. The victim’s mother drove around and eventually found him on the south side of Target. Officers were not provided much more information regarding the incident. Detectives are investigating. • On July 7, at 1:24 am, officers were dispatched to a carjacking that occurred in the 23900 block of 102nd Ave SE. The victim had been asleep in her vehicle in the parking lot of O'Reilly's Auto Parts when the suspect knocked on her door asking for a ride to Kent Station. The suspect told the victim he would give her gas money and she accepted. After getting gas and driving to where the suspect wanted to go, he asked her to stop at Popeye’s Chicken off 102nd Ave SE claiming he dropped his phone there. The victim complied, but when they arrived the suspect pulled out a handgun and robbed her of her vehicle. Another officer located the stolen vehicle about a ½ hour later. A pursuit was initiated which ended when the suspect crashed in Federal Way. Two females, who were not reportedly a part of the robbery, were located inside the vehicle and the driver fled and was not apprehended. Detectives are investigating. • On July 9, at 1:53 am, officers were dispatched to a threat with a weapon call at the Washington Park Apartments. The victims had driven into the complex to drop off a friend who lived there. When they parked, the suspect was seen approaching the passenger side door of their vehicle with a gun in one hand and bag in the other. The victims remained in their vehicle and sped away. They did see the suspect get into another vehicle driven by a female. Detectives are investigating. • On July 9, at 9:29 pm, officers were dispatched to a threat with a weapon at the Safeway located at 210 Washington Ave S. Two subjects had entered the store and they had been monitoring them as they were concealing items while walking around. Once the suspects removed the items from the store without paying, they were confronted in the parking lot. One of the suspects pulled out a gun pointing it at employees allowing them to escape with the stolen items. Detectives are investigating. Land Survey/PW GIS • Land Survey field staff are topo mapping for the pedestrian/bike safety crossings, 224th Phase III and Russell sidewalk projects. Field staff are providing staking on the 2022 overlay project and the Kent Commons boundary. Office staff are PUBLIC WORKS 5.B Packet Pg. 14 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 10 of 13 preparing legal descriptions for the King County Water Franchise renewal. Record of Surveys (ROS) are being prepared for recording at King County for multiple projects. • Public Works GIS staff coordinated with EGIS on future planning and system re- architecture support needs. Staff have updated the storm vault & outfall inventory and continue with Cityworks support for signs & litter, drainage vegetation and sewer map updates. Dashboards for solid waste and for storm vegetation are in the process of being completed. Design • 76th Ave flood protection improvements north phase: coordinating with site utilities for relocation of utilities in conflict. Addendum 1 issued June 29. Bid opening scheduled for July 19. • Meet Me on Meeker – Kent Elementary: Kent School District intends to remove trees along frontage on Meeker and has a preference for a plaza fronting Meeker. • 2022 sanitary sewer linings and repairs: coordinating with operations staff to commence design. • Russell & S. 240th sidewalks: 60% review expected to be distributed early August. • Linda Heights sewer pump station: wrapped up 60% comment responses with reviewers. Evaluating scope changes for functionality, maintainability, and cost. • Washington Ave S stormwater pump station relocation: scoping rework expected to be completed end of July with design to restart in August. • HSIP – compact roundabout: 60% review expected to be distributed mid-August. Constructability to be discussed at that time. Preparing information to start easement acquisitions. • 2023 asphalt overlays: in house design support locations finalized and design can begin. Expect to finalize contract scope by the end of July. • Mill Creek reestablishment: water line relocation design alternates are being prepared for recommendation. • S. 224th St – phase 3 west: 30% design for project and joint utility trench (JUT) work expected to be distributed August. Provided recommendation for stormwater treatment/flow control for phase 3 east project. • Willis St – 74th improvements: channelization plans resubmitted to WSDOT. Preparing for PS&E. • GRNRA north pump station: discussed scope with key stake holders in Public Works. Evaluating options for a project with reduced scope. • Meeker St Bridge painting and deck repair: preparing scope in preparation for consultant selection. Construction • West Hill reservoir: completing welding of roof. Placing and welding interior and exterior appurtenances. • Summit Landsburg Road and Rock Creek culvert replacement: east and west foundations poured and stripped. East abutment walls formed, poured and stripped. Forming west side abutment walls for pour for 7/15. • E Tacoma St – Kensington Ave drainage improvements: Olson Brothers has mobilized on site and work began 7/11. Clearing and grubbing this week. • Downey side channel restoration final phase: crews continue prepping for pile contractors. Pile contractor has a COVID outbreak, working to reschedule. Mass excavation continues. • 84th Ave S (East Valley Highway) slump repair: roadway paved and open to traffic, asphalt curing period underway. Waiting on delivery of double check detector 5.B Packet Pg. 15 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 11 of 13 assemblies (DCDA) enclosures to complete back of sidewalk work, including luminaire base. Will pour DCDA slabs and light base at same time. • 2022 asphalt overlays: concrete curb and gutter and ADA improvements on 112th, north of 240th began week of 7/11. • S. 212th St. preservation (Green River Bridge to Orillia Rd/Kent City Limits): roadway has been paved out; asphalt cure period is underway for final striping. Scheduling vehicle detection loop work. • Kent Medical office building (219 State Ave N) – final overlay paving in the intersection of State Ave N and E Smith St is being scheduled for the night of July 28. Message boards are in place for notification. • Ovation at Meeker (625 W Meeker St) – a water main tie-in was completed in the intersection of 4th and Harrison. Environmental • Adopt-A-Street/Spot program: the 2nd quarter adopter program set all-time record numbers for volunteers, bags of trash collected and volunteer hours! Second quarter final numbers: total volunteers: 386; total bags of trash removed: 319, total volunteer hours: 584 • Mayor’s Homeless Outreach Team/on-call garbage contract: staff and Totem Logistics will meet on Tuesday, July 12 at McSorley Creek to get an updated estimate on what it would cost to clean up the different encampment areas on city property. Initial estimates ranged from $100,000 to $200,000. • Lake Fenwick alum treatment: reviewing Tetra Tech memo, technical specifications, and cost estimate documents for the Lake Fenwick alum treatment project new bid dates: specifications/checklist due – 10/21; advertisement dates – 10/25 & 11/1; bid opening – 11/8; PW committee – 11/14; Council – 11/15 • Kent Cornucopia Days: staff organized an environmental education booth for Kent Cornucopia Days street fair. The Enviroscape was a hit with children and adults. Staff deputized many drain rangers to spread the word about only rain down the drain. We also had information on recycling, natural yard care, hazardous waste disposal as well as pollution prevention. Educated Kent Lions Club staff and nine food and drink vendors about pollution prevention, proper disposal of FOG/grey water and what to do in case of an accidental spill. Provided Kent Lions with a few spill kits and handed out spill kits, educational material, and spill/drip pans to vendors. Streets • Street maintenance performed grinding for inlay and hot patch repairs on 100th Ave SE, SE 256th St, 114th Ave SE and on S 208th St, concrete and hot patch utility repairs for water on 115th Pl SE, SE 274th St and on SE 273rd Pl, various repairs in the North Park neighborhood, north of W James St, a hot patch repair at the west gate entrance to the shop/yard, paved shoulder areas on SE 256th St, prepped for pour, poured new sidewalk, stripped forms and backfilled sidewalks on W Meeker St, and placed message boards on 114th Ave SE and on S 200th St. • Signs and markings installed bases on 100th Ave SE and on 2nd Ave N, installed signs on S 218th St, 100th Ave SE, installed type 3 barricades on 2nd Ave N, set out and picked up notice boards, no parking barricades and traffic control for Splash and Cornucopia events, painted traffic islands at various locations, replaced flex posts and performed sign maintenance repairs as needed Citywide. • Solid waste cleaned up debris in several locations including along 104th Ave SE, Lake Fenwick Rd S, Military Rd S, SE Kent Kangley Rd, S 260th St, N Lincoln Ave, W James St and on W Smith St. • Water vegetation mowed and line trimmed multiple locations such as at the Blue Boy Tank, Armstrong Springs, the Seven Oaks Well, the 208th Well, the 640 Zone Tank, the East Hill Well, Clark Springs, the Guiberson Corrosion Facility, Kent Springs, the 212th Treatment Plant, PS #5, PS #6, PS #8, the West Hill sites, Kent POD #3, the 3.5 Tank, the 108th Well, Summit Reservoir and the East Hill shop site. • Street vegetation staff worked on pulling weeds and clearing litter and debris from 5.B Packet Pg. 16 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 12 of 13 the traffic islands on S 204th St and from the beds along E James St, SE 256th St and Veterans Dr, mowed and line trimmed on E James St and various people paths throughout the City, mowed, line trimmed and picked litter on N Lincoln Ave, SE 256th St, SE 208th St and on 64th Ave S, spot sprayed and spread Casoron for weed control in the traffic islands and beds along Pacific Hwy S, repaired and operated irrigation systems throughout the City and spot sprayed along the roadsides Citywide as weather permitted. • The Sidearms mowed on SE 248th St, Reiten Rd, SE 240th St, 92nd Ave S, 94th Ave S, Military Rd S, SE 244th St, 135th Ave SE, Lake Fenwick Rd, SE 260th St, SE 278th St, 116th Ave SE, S 208th St, SE Kent Kangley Rd at the Clark Springs fence line and along the frontage at 25011 129th Pl SE. • Wetland mitigation crews tested, repaired and operated the irrigation systems at the Downey, Frager Rd, KOA, 72nd Ave and Barn Road mitigation sites, line trimmed at the Alvin’s Pond, Downey, 72nd Ave, KOA and Frager Rd cottonwood sites, sprayed weeds at the KOA and Barn Road mitigation sites, repaired a fence at the Alvin’s Pond site, removed tansy ragwort from the GRNRA, Frager Rd and Leber sites and removed weeds at the GRNRA Nursery. • Wetland Maintenance mowed and line trimmed at Misty Meadows on SE 232nd Pl, Little Property on E James St, Sunpreet on 116th Pl SE, Parkview on 142nd Pl SE, Kensington High on 128th Pl SE, Glencarin Div 2 on 125th St, Frager Berm on Frager Rd, the 196th Corridor Wetland on S 196th St, Maplewood Grove on 108th Ave SE, Redondo on 27th Ave S, Signal Electric on 3rd Ave S, 72nd Ave Diversion Channel on 72nd Ave S, Horseshoe Bend on 80th Ave S and at various wetlands on 125th Ct SE, SE 227th St, 126th Ave SE, 125th Pl SE and 127th Ave SE. • Holding Pond crew mowed and line trimmed at Lindental on SE 265th Ct, Fox Ridge on SE 268th St, Southbend on SE 269th St, the 277th Corridor on 114th Ave SE, Erin Glade on 110th Ave SE, the 277th Corridor #2 on SE 275th St, Rosewood on 115th Pl SE, Carena Glen on SE 215th St, Westcreek Meadows and Montera A on 116th Ave SE, Forest Meadow, Montera B and Falcon Crest on SE 219th Pl, Swan Vista #1 and #2 on 99th Ave S, Beall on S 234th Pl, Baltera on S 239th Pl, Haupt on 94th Ave S, 98th Ave on S 232nd St, Morgan’s Place and Rosemary Glen on 97th Ave S, Wildberry and Estes on 94th Ct S, Tomlinson on S 235th Pl, Ridge at Garrison on S 228th Pl, Willow Way on 98th Pl S, Glen Kara on S 222nd St, Kara Crest/Coffield on S 220th Pl, Benson Place on SE 214th St, East Benson Hills on 108th Ave SE, Cottonwood Court on SE 212th St, West Creek Meadows on SE 218th St, Benson Meadows #2 on 109th Pl SE, Williamsburg Estates Holding Pond on SE 223rd St, Williamsburg Estates Bioswale on SE 225th St, Stonewood on S 230th Pl, Aces Acres on S 223rd Pl, Faulkner on 92nd Ave S, Garrison Creek Bioswale on S 218th St, Park Mar and Eastridge on 113th Ave SE, Maplewylde on SE 228th Pl and at Cedar Meadows on SE 229th St. Water • Work has started on an 8-inch water main installation on 1st Ave between W Cloudy St and W Cole St. Staff have also started up the 212th treatment plant for the summer demand season and for use during an upcoming Clark Springs transmission main shut down for a highway project located in the City of Covington. July wellhead protection monitoring and inorganic water sampling at City water sources are also underway. Storm/Sewer • Storm crews performed pond maintenance on SE 240th St, SE 260th Pl, 37th Ave S, SE 242nd St, SE 272nd Pl, SE 264th St, SE 278th St and on SE 230th St, cleaned storm lines on S 218th Pl, SE 237th Pl, 110th Ave SE and on SE 222nd St, took inventory of ditches on 124th Ave SE, SE 204th St and on SE 200th St, performed maintenance at the easement on SE 223rd Dr, installed bollards on SE 260th St, installed new manhole lid and changed out a catch basin at the 277th Corridor, installed a catch basin on 3rd Ave N, cleared an outfall and removed a tree at the ShowWare Center on W James St, 5.B Packet Pg. 17 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 13 of 13 notched a beaver dam on SE 227th St, installed Rip Rap on 129th Pl SE and repaired line, installed a catch basin and paved on E Pioneer St. Crews also performed National Pollutant Discharge Elimination System (NPDES) assessing on SE 212th Pl, 130th Ave SE, SE 216th St, SE 209th St and on 124th Ave SE, pumping on 124th Ave SE, SE 208th St, 117th Ave SE and on 120th Ave SE and repairs on SE 219th Pl and at various locations Citywide. • Sewer crews TV’d existing sewer lines between 113th Ave SE and 109th Ave SE from SE 227th Pl to SE 224th Pl, between 91st Ave S and 88th Ave S from S 236th Pl to S 228th St and between W James St and W Overlock St from Washington Ave S to Kennebeck Ave N, cleaned existing sewer lines with the Vactor between SE 240th St and SE 256th St from 116th Ave SE to 124th Ave SE, between SE 270th St and SE 282nd St from 120th Ave SE to 124th Ave SE, between 104th Ave SE and 116th Ave SE from SE 228th St to SE 232nd St and between 124th Ave SE and 132nd Ave SE from SE 276th St to SE 282nd St, performed manhole repairs on Riverview Blvd S, frame and lid inspections between 116th Ave SE and 132nd Ave SE from SE 270th St to SE 282nd St, cleaned lines at the Monte Carlo Pub and changed lube, oil and filters on station generators at various locations throughout the City. Fleet/Warehouse • The warehouse crew continued to assist with CDL training, maintained the shops yard, keeping it clean and free of litter and debris, cleaned and maintained the wash rack, washed and vacuumed motor pool vehicles, issued personal protection equipment (PPE’s) and motor pool vehicles to staff and hydrant meters and public notice boards to contractors, repaired small equipment as needed, received parts and inventory orders, hauled spoils as time and equipment were available and continued to manually open and close the broken east gate daily and locked and unlocked the gates in the employee south parking lot at the beginning and close of the work day. • Fleet staff got estimates for wrecked vehicles and sent out to body shops, worked on fuel theft and catalytic converter repairs, modified exhaust to make them harder to steal, worked on various mower repairs, had several vehicles at Ford for recalls and repairs, performed air brake and trailer inspections, received new Mach E Mustangs and ordered new Ford Transits, worked on permit for installation of the last lift and worked on scheduled and non- scheduled maintenance and repairs. ### 5.B Packet Pg. 18 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Pending Approval City Council Workshop Workshop Regular Meeting Minutes June 21, 2022 Date: June 21, 2022 Time: 5:02 p.m. Place: Chambers I. CALL TO ORDER Attendee Name Title Status Arrived Bill Boyce Council President Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Excused Marli Larimer Councilmember Present Zandria Michaud Councilmember Remote Toni Troutner Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present II. PRESENTATIONS 1 Presentation on Human Trafficking Rep. Tina Orwall 45 MIN. State Representative Tina Orwall presented the Council with information on Human trafficking. Human Trafficking is the recruitment, transportation, transfer, harboring, or receipt of persons by improper means (such as force, abduction, fraud or coercion), for an improper purpose including forced labor or sexual exploitation." Child luring increased by 99% in 2020. Over 2,000 buyers in 24 hours tried to buy sex from a minor (2019 sting in King County). The content on social media is difficult to regulate and videos can show up anywhere. 1 in 7 endangered runaways are trafficked for sex. Orwall recapped the work of the Washington State Legislature relating to human trafficking. Orwall talked about the “You are not alone” campaign to help human trafficking victims. Orwall talked about House Bill 1775. DCYF to provide services to youth suspected to be commercial sexually exploited and youth can decide whether to engage. There is one receiving center in Spokane - “Daybreak Youth Services” 8.A.1 Packet Pg. 19 Minutes Acceptance: Minutes of Jun 21, 2022 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes June 21, 2022 Kent, Washington Page 2 of 4 specifically serves commercially sexually exploited children/youth or those who are at risk. Daybreak differs from shelters or other services in that it offers assessments for mental health and substance use disorders within 72 hours, followed by a referral. Kent has a higher numbers of children/youth entering foster care and who leave our community. Kent is leading the efforts on holding perpetrators accountable and using local funding to supports survivors. There are opportunities for creating a receiving center in Kent or surrounding area. Orwall advised of the 988 efforts to create a youth receiving center for youth experiencing a behavioral health crisis. Council expressed appreciation for Rep. Orwall's work in addressing human trafficking. Mayor Ralph commended Rep. Orwall for her work to bring funding to cities to partner with KYFS to hire advocate and indicated there are hundreds of survivors because of that funding. 2 Sound Transit Presentation on Transit- Oriented Development Sound Transit Development Team 45 MIN. Sound Transit’s Government Affairs Representative, Katie Drewell provided an overview of the Federal Way Link Extension project that is anticipated to open in 2024. Drewell provided an overview of the station area, including the two construction staging sites that offer potential for transit-oriented development when no longer needed for staging. Sound Transit Senior Development Director, Tim Bates talked about the transit-oriented development vision with shared objectives: · Create a compact, mixed-use and mixed income walkable urban center · Support economic investment and capacity building around the station · Support neighborhood redevelopment and help realize the City's transit- oriented, mixed-use vision of the Midway Subarea Plan. Bates provided an overview of transit-oriented development process from early exploration to selecting a development partner. 8.A.1 Packet Pg. 20 Minutes Acceptance: Minutes of Jun 21, 2022 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes June 21, 2022 Kent, Washington Page 3 of 4 Bates advised of the community engagement goals to build awareness about the project, gather community input, encourage inclusive participation from a diverse audience. Bates detailed 2020-2021 Engagement activities and advised of the top themes heard via community engagement: · Offer new housing opportunities, including affordable units for a variety of household sizes. · Include spaces for small-scale retail/commercial uses · Create community value · Reflect the diversity of the local community in the mix of uses, populations served, and the project proponents · Project should include active & quiet zones, promote public safety, facilitate bicycle and pedestrian connections and create on interesting, cohesive public realm. Next Steps - Development Strategy Draft Priorities: · Maximize real estate development capacity as a mixed-use transit-oriented development project. · Deliver housing for a range of incomes, including long-term affordable housing · Create community value through community partnership, and local-serving non-residential uses Future Request for Proposals: · Offer each block independently first to qualified entities (a local government, housing authority or nonprofit developer). · Each block to include a mix of uses · Each block to include affordable housing · Expect proposals from teams · Teams may propose on each block Bates indicated the key is to get affordable housing delivered. There is a strong market for housing and not necessarily a strong market for office space in this area. Uses should relate to a public use. Bates talked about how Sound Transit ensures project is delivering what is proposed, including an affordable housing covenant. Sound Transit plans on offering transit-oriented development block independently to allow for flexibility and creativity. 8.A.1 Packet Pg. 21 Minutes Acceptance: Minutes of Jun 21, 2022 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes June 21, 2022 Kent, Washington Page 4 of 4 Next Steps: June-August - finalize plan, discuss with Sound Transit board for guidance on strategy. Sept - Dec - Finalize and release RFP that is anticipated to be open Oct- Dec Jan - onward - Review and rank responses, negotiations. Sound Transit will return to the City Council with recommendations. Meeting ended at 6:00 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 22 Minutes Acceptance: Minutes of Jun 21, 2022 5:00 PM (Approval of Minutes) Pending Approval Kent City Council City Council Regular Meeting Minutes June 21, 2022 Date: June 21, 2022 Time: 7:01 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Bill Boyce Council President Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Remote Marli Larimer Councilmember Present Toni Troutner Councilmember Present Les Thomas Councilmember Present Zandria Michaud Councilmember Remote 3. AGENDA APPROVAL A. I move to approve the agenda as presented. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Proclamation for Juneteenth 2022 Mayor Ralph presented the proclamation for Juneteenth. ii. Proclamation for Summer Meals Week Mayor Ralph presented the proclamation for Summer Meals Week to Erika Dzangare from United Way. Dzangare expressed appreciation for the proclamation and advised of the YMCA free summer meals program. B. Community Events Council President Boyce announced upcoming events at the accesso ShoWare 8.A.2 Packet Pg. 23 Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 21, 2022 Kent, Washington Page 2 of 11 Center. Fincher advise of the upcoming concert series events that begin in July and are held at Lake Meridian park, Kent Station and Morrill Meadows Park. C. Public Safety Report Chief Padilla provided the Public Safety Report, including an update on crime statistics as of June 15, 2022. Padilla advised crime is high and there are clear trends of when numbers increased, including major events such as COVID, the death of George Floyd. Another contributing factor to challenges includes the significant volunteer resignation of 30% of the Kent Police force. Chief Padilla reviewed the shots fired data from 2017 - 2022, in addition to verified shootings, robberies, burglaries, vehicle thefts and vehicle parts, thefts-shoplifting, malicious mischief and drug crimes. Chief Padilla advised the Police Department shares the public’s frustration and want the crime issues addressed. The data is consistent and the trends are clear as to what is driving crime. Things were not always this way and they don't have to stay this way. Kent is going to leverage everything within their power to hold criminals accountable and keep the community safe. Chief encouraged the public to report crimes so that there will be accurate data for making decisions. Chief Padilla talked about what Kent is doing: • Revitalizing repeat offender protocols for prosecution • Restoring booking capacity in jails to hold those in jail • Researching City ordinances to provide tools and systems to allow to address nuisances and quality of life issues • Working with legislators and leaders to make improvements • Starting Corrections work release crews to clean up graffiti and homeless encampments Chief Padilla asked for the public’s help to locate Larry Martinez, missing since June 8th. Chief Padilla provided information on how Kent would respond to an active shooter situation. Chief Padilla advised that all fireworks are banned in the City of Kent. Call non-emergency line to report fireworks violations. 253-852-2121. The daytime Splash event at Lake Meridian Park closes at 5 p.m. and the fireworks display is a private event this year. 8.A.2 Packet Pg. 24 Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 21, 2022 Kent, Washington Page 3 of 11 Chief extended an invitation to sign up for the upcoming National Night Out Event on August 2nd. Visit Kentwa.gov/police to register your event. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph serves as the chair of the King County Flood Control Advisory Council that recently reviewed their budget. Mayor Ralph serves as the chair of the Transportation Policy Board that recently discussed the work plan for 2023. Mayor Ralph serves on the Regional Policy Council that recently heard a presentation from Harborview relating to their community-based programs. Mayor Ralph testified at Sound Transit’s System Expansion Committee on the naming of the light rail station. The committee passed onto the full board for consideration the name "Kent Des Moines Station." Mayor Ralph provided a recap of recent events she participated in over the past week, including visiting a 6th grade class at Kent Elementary, hosting a Girl Scout Daisy group #4015 and on Saturday, participating in the Graffiti Paint Out event, Juneteenth and the Kent International Festival. Mayor Ralph talked about the King County Council’s discussion regarding a minor league cricket team. B. Chief Administrative Officer's Report Interim Chief Administrative Officer, Pat Fitzpatrick advised his written report is in today’s agenda packet and there is no Executive Session tonight. C. Councilmembers' Reports Council President Boyce chairs the Operations and Public Safety Committee and provided a recap of today’s agenda items. Boyce chairs the Council Workshop and provided a recap of the two presentations from today's meeting relating to Human Trafficking and Sound Transit's Transit-Oriented Development planned for the light rail station at Kent-Des Moines. Councilmember Michaud serves on the Human Services Commission that is in the process of reviewing grant applications. Councilmember Kaur serves on AWC’s Nominating Committee that is conducting interviews for the next board that will be voted on during the general meeting on June 23rd. 8.A.2 Packet Pg. 25 Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 21, 2022 Kent, Washington Page 4 of 11 Councilmember Larimer serves on the King County Aging and Disability Advisory Council that recently heard a presentation on access to technology in Seattle. The Council had a listening session on Resilience for LGBTQ elders entering facilities. Councilmember Troutner chairs the Economic and Community Development Committee and provided an overview of the agenda items from the June 13th meeting. Councilmember Troutner serves as the chair of the Regional Transit Committee that recently adopted an ordinance regarding Free Fares for Youth 18 years and under. Thomas serves on the Puget Sound Regional Fire Authority that recently hired 19 new firefighters. Fincher serves on the Arts Commission and invited the public to visit the current art exhibit in the Centennial Center. Fincher serves on the King Conservation District that recently discussed the forestry program. Fincher serves on the Mental Illness and Dependency Advisory Committee. Fincher talked about Cascade Hall, an inpatient recovery center and the funding that was allocated to the project. The Committee also discussed and reviewed its annual report. 6. PUBLIC HEARING A. Public Hearing on the Street Vacation at Naden Avenue Assembly - Ordinance - Adopt Mayor Ralph provided an overview of the public hearing process and opened the public hearing. Deputy Public Works Director, Kelly Peterson provided the staff report. There were no oral public comments and no written public comments were received. Councilmember Boyce moved to close the public hearing, seconded by Councilmember Thomas. The motion passed unanimously with a vote of 7-0. MOTION: I move to adopt Ordinance No. 4431, vacating a portion of Naden Street, also known as Naden Avenue, and reserving an easement. 8.A.2 Packet Pg. 26 Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 21, 2022 Kent, Washington Page 5 of 11 RESULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Bill Boyce, Council President AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud B. Public Hearing on the Street Vacation of an Alleyway in the Railroad Avenue Neighborhood - Ordinance - Adopt Mayor Ralph provided an overview of the public hearing process and opened the public hearing. Deputy Public Works Director, Kelly Peterson provided the staff report. There were no oral public comments and no written public comments were received. Councilmember Boyce moved to close the public hearing, seconded by Councilmember Thomas. The motion passed unanimously with a vote of 7-0. MOTION: I move to adopt Ordinance No. 4432, vacating a portion of right-of-way in the Railroad Avenue neighborhood between Railroad Avenue South and Bridges Avenue South, and between East Russell Street and East Morton Street, and reserving an easement. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 7. PUBLIC COMMENT Susanne Jones, an Enumclaw resident provided public comment relating to the settlement of former Assistant Chief Kammerzell and requested more cultural competency training for City staff. Tim Brown, a Kent resident provided public comment regarding homeless issues in downtown Kent and the lack of accountability. T.J. Petersen, a Kent resident provided public comment regarding crime and the lack of prosecution. Kim Nelson, an Auburn resident and Kent business owner provided public comment regarding the lack of prosecution of those vandalizing businesses and requested the City come up with solutions to address crime. Nelson also asked the Council to consider vacating the alleyway between Willis and 8.A.2 Packet Pg. 27 Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 21, 2022 Kent, Washington Page 6 of 11 Russell. 8. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Jun 7, 2022 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jun 7, 2022 7:00 PM B. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 5/31/22 and paid on 5/31/22 and approve the checks issued for payroll 5/16/22 through 5/31/22 and paid on 6/3/22, all audited by the Operations and Public Safety Committee on 6/7/22. C. Dulay Property Comprehensive Plan Map Amendment Request - Deny MOTION: I move to deny the docketed comprehensive plan amendment CPA-2021-7 as proposed by the applicant. D. Ordinance Amending Kent City Code 2.34 to Adjust Salaries of Municipal Court Judicial Positions - Adopt MOTION: I move to adopt Ordinance No. 4430 that amends Chapter 2.34 of the Kent City Code, entitled “Municipal Court,” to increase the salaries for judges, judges pro tem, and court commissioners. E. Ordinance Adopting the 2022-2027 Park and Open Space Plan - Adopt MOTION: I move to adopt Ordinance No. 4433, amending the Comprehensive Plan’s Parks and Recreation Element to incorporate the 2022 Park and Open Space Plan. F. Amendment to T-Mobile Lease Agreement for 400 West Gowe - Authorize MOTION: : I move to authorize the Mayor to execute a reinstatement and fifth addendum to the Lease Agreement with T-Mobile at 400 W. Gowe, extending the lease five years with options for two additional five-year extension, subject to final terms and conditions acceptable to the Parks Director and City Attorney. 8.A.2 Packet Pg. 28 Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 21, 2022 Kent, Washington Page 7 of 11 G. Cooperative Purchasing Agreement with The HON Company, LLC - Authorize MOTION: I move to authorize staff to purchase office furniture, equipment and installation services through The HON Company, LLC, subject to the terms of a cooperative purchasing agreement entered into between The HON Company, LLC and Region 4 Education Service Center through “Omnia Partners, Public Agencies,” if those purchases are made within established budgets and during the term of cooperative agreement. H. Kent Surface Water Design Manual Update - Adopt MOTION: I move to adopt Ordinance No. 4434, repealing Section 2 of Ordinance No. 4234 that had adopted the 2017 Kent Surface Water Design Manual and adopting the 2022 Kent Surface Water Design Manual. 9. OTHER BUSINESS A. Print Shop Equipment Purchase - Authorize Kyle Bowmer, Print Shop coordinator, provided an overview of the Print shop equipment purchase and advised this purchase is part of the approved ARPA funds improvement project. Bowmer provided an overview of all the work the print shop does in addition to the capabilities of the current and future equipment. MOTION: I move to authorize the Mayor to issue a Purchase Order to Canon Solutions America, Inc., in the amount of $390,729.63 to purchase new print shop equipment and obtain a 5-year maintenance plan on that equipment, under the terms of a prior Purchase Agreement with the City, in effect through September 30, 2023. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud B. Gill Rezone - Ordinance – Adopt (QUASI-JUDICIAL) Acting City Attorney, Tammy White provided overview of quasi-judicial proceeding regarding the Gill Rezone as follows: Tonight, you are being asked to consider a rezone of 2.23 acres of property, located at 24032 116th Avenue SE, from NCC (Neighborhood Convenience Commercial) to MRT-16 (Multifamily Residential Townhouse District). ECD 8.A.2 Packet Pg. 29 Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 21, 2022 Kent, Washington Page 8 of 11 staff will explain in their presentation the effect that change will have, if you elect to approve it. A map showing the property’s location is on page 1,096 of your agenda packet. The property is owned by C&D Land Corp. The applicant filing the rezone request is Imad Bahbah for IHB Architects and the applicant’s representative is David White. The person interested in purchasing the property who has met with City staff concerning this rezone is: Amarjeet Singh Gill of Jaggi 123, LCC. An open record hearing was previously held before the Hearing Examiner on April 27, 2022. Public notice of that hearing was given as required by the Kent City Code, which staff will explain in their presentation. After the hearing, the Hearing Examiner recommended Council approve the rezone request, and it is that recommendation before you tonight for consideration and, if you agree with the Hearing Examiner, adoption of the implementing ordinance. Because this matter would change the zoning on a specific parcel of property, it is considered a “quasi-judicial matter”. Typically, Council sits as a legislative body where it develops policy for the City. On legislative matters, outside influences can and often do help shape Council’s policy decisions. However, in a quasi-judicial matter, Council sits as a panel of judges determining the legal rights of specific parties by applying previously developed policy to a particular property in a hearing or other proceeding. When it is applying policy (as opposed to developing it), Council must be impartial, fair, and free from outside influences. To help insure fairness and impartiality in quasi-judicial matters, the Appearance of Fairness Doctrine was developed through the courts and later codified into state law at Ch. 42.36 RCW. Before tonight’s Council meeting, each Council Member completed an Appearance of Fairness Disclosure Statement and provided that statement to the City Clerk. White advised she reviewed those disclosure statements. All Council Members advised (1) they did not have any ex parte communication with any proponent or opponent to the rezone request, (2) they do not have any personal interest in the proposed rezone, and (3) they are able to consider the rezone request fairly and impartially. Councilmember Kaur did advise that she knows Mr. Gill through the Sikh community, that she’s had past conversations with him about other business locations he has in Kent, but that she has not had any conversations with 8.A.2 Packet Pg. 30 Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 21, 2022 Kent, Washington Page 9 of 11 him concerning this property or this rezone request. Councilmember Kaur also confirmed that her shared community relationship with Mr. Gill does not affect her ability to remain impartial and to rule on the rezone request consistent with the Kent City Code and the standards and criteria that apply to Council’s consideration of the rezone request. White asked the audience the following question: 1. Do any of you have a lawful basis to ask for the recusal of a council member due to the Appearance of Fairness Doctrine? No one responded. White advised the Mayor that the record has established that each member of Council is qualified to consider this quasi-judicial matter, and the matter may proceed and requested the disclosure statements be entered into Council’s record of tonight’s proceeding concerning this quasi-judicial matter. Councilmember Boyce moved to admit the Disclosure Statements completed by Councilmembers into the record, seconded by Councilmember Thomas. The motion passed unanimously with a vote of 7-0. Senior Planner, Nate Schildmeyer gave the staff presentation. Schildmeyer summarized the submitted proposal and advised there was one communication received from a neighbor prior to the Hearing Examiner’s hearing, but the communication was more of a request for information. Schildmeyer provided details on the criteria for reviewing the application for townhomes. The Hearing Examiner held the hearing and there were no public comments received. The Hearing Examiner issued a recommendation for approval. Based on the merits, staff recommends approval. MOTION: I move to adopt Ordinance No. 4435, accepting the Findings, Conclusions, and Recommendation of the Hearing Examiner on the Gill Rezone Application and approving the property’s rezone from NCC (Neighborhood Convenience Commercial) to MRT-16 (Multi-Family Residential Townhouse District). 8.A.2 Packet Pg. 31 Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 21, 2022 Kent, Washington Page 10 of 11 RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud C. Bridges De-Annexation - Notice of Intention Resolution - Adopt Deputy Economic and Community Development Director, Matt Gilbert provided an overview of the Bridges De-Annexation - Notice of Intention Resolution that authorizes staff to start to engage with the King County Boundary Review Board. Gilbert talked about staff working closely with the City of Auburn land upcoming community engagement planning this summer. Councilmember Thomas spoke in support of the resolution. MOTION: Adopt Resolution No. 2047, authorizing staff to prepare and file a Notice of Intention with the King County Boundary Review Board, and take all action necessary to complete that administrative review process, for the possible de-annexation of the Bridges neighborhood from the City of Kent and its annexation into the City of Auburn. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Bill Boyce, Council President AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 10. BIDS A. Kent Senior Center Roof Upgrade Bid - Award Facilities Manager Will Moore provided information on the Kent Senior Center Roof Upgrade bid and recommended awarding to Signature Roof Service, LLC. MOTION: I move to award the City of Kent Senior Activity Center Roof Upgrade Project to Signature Roof Service, LLC in an amount not to exceed $421,958.25 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the Parks Director and City Attorney. 8.A.2 Packet Pg. 32 Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 21, 2022 Kent, Washington Page 11 of 11 RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Marli Larimer, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 9:07 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 33 Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Approval of Minutes) DATE: July 19, 2022 TO: Kent City Council SUBJECT: Payment of Bills MOTION: I move to approve the payment of bills received through 6/15/22 and paid on 6/15/22 and approve the checks issued for payroll of 6/1/22- 6/15/22 and paid on 6/17/22, all audited by the Operations and Public Safety Committee on 6/21/22. SUMMARY: Approval of payment of the bills received through:06/15/22 and paid 06/15/22 Approval of checks issued for Vouchers: Date Amount 06/15/22 Wire Transfers 9243 9264 $3,485,969.11 06/15/22 Regular Checks 761794 762055 $3,526,985.11 06/15/22 Payment Plus 104232 104266 $95,348.65 Void Checks $0.00 Void Payment Plus $0.00 06/15/22 Use Tax Payable $2,320.83 Total Accounts Payable:$7,110,623.70 Approval of checks issued for Payroll:06/01/22-06/15/22 and paid 06/17/22 Date Amount 06/17/22 Checks $2,149,616.80 Voids and Reissues $0.00 06/17/22 Advices FR&P 463387 463395 $7,163.89 Total Payroll:$2,156,780.69 Document Numbers Document Numbers BUDGET IMPACT: All budgeted. SUPPORTS STRATEGIC PLAN GOAL: 8.B Packet Pg. 34 Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 06/21/22 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 7/19/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner 8.B Packet Pg. 35 DATE: July 19, 2022 TO: Kent City Council SUBJECT: Accept the Clark Springs Generator and Electrical Upgrades Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the Clark Springs Generator and Electrical Upgrades Project as complete and release retainage to Colvico, Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included a new back-up power generator, generator shelter, concrete pad, automatic power transfer gear, motor control centers, programable logic controller, replacement of the existing power pole and transformers, electrical work and site improvements at the Clark Springs watershed. The final contract total paid was $1,063,436.81 which is $54,015.79 over the original contract amount of $1,009,421.02. BUDGET IMPACT: This project was paid for using Water Funds. SUPPORTS STRATEGIC PLAN GOAL: 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. 8.C Packet Pg. 36 DATE: July 19, 2022 TO: Kent City Council SUBJECT: Appointment to Public Facilities District Board - Appoint MOTION: I move to appoint Dillon Stearns to Position 3 of the Public Facilities District Board for an initial four-year term starting on September 1, 2022 and ending August 31, 2026. SUMMARY: The accessoShoware Center was originally constructed and financed through a partnership between the City and the Public Facilities District (PFD), a governing body that, pursuant to RCW 35.57.020, may be established for the purposes of acquiring, constructing, owning, remodeling, maintaining, repairing, financing, and operating a regional center. The PFD was primarily established to assist in financing the construction of the accessoShoware Center. The PFD board is made up of five members who are appointed by the City Council. Three of the five members of the board are appointed by the Council after receiving a recommendation from local organizations that may include, but are not limited to the local chamber of commerce, local economic development council, and local labor council. RCW 35.57.020. The other two positions do not require this recommendation. Pursuant to state law, PFD board members serve four-year terms. In July 2021, Council adopted term limits for boards and commissions. Randall Smith is an original board member of the PFD and served in the position appointed by the Council from a recommendation from local organizations. Because Smith has served more than two consecutive terms, he is not eligible to continue serving on the board. The City conducted an extensive recruitment campaign that included posting to the City’s website, social media, emailing all applicants to other boards and commissions and emailing the City’s community-based organizations. One application was received. The City reached out to the Kent Downtown Partnership and Kent Chamber of Commerce seeking a recommendation. The Kent Downtown Partnership recommended Dillon Stearns, Chief Financial Officer at Davis Door Service located in downtown Kent, and the Kent Chamber of Commerce supported that recommendation. 8.D Packet Pg. 37 The Mayor and staff recommend Dillon Stearns appointment to fill position No. 3 on the Kent Special Events Public Facilities District Board for an initial four-year term. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. 07/11/22 Economic and Community Development Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 7/19/2022 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Toni Troutner, Marli Larimer, Zandria Michaud 8.D Packet Pg. 38 DATE: July 19, 2022 TO: Kent City Council SUBJECT: Cooperative Purchasing Agreement with Hewlett Packard Enterprise - Authorize MOTION: I move to authorize the IT Director 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. SUMMARY: The City has entered into an agreement with the state Department of Enterprise Services (“DES”), which allows the City to purchase through contracts the state publicly bids and enters into with various vendors. The state has, in turn, entered into an agreement with a national purchasing cooperative, the NASPO Cooperative Purchasing Organization, LLC, which is a non-profit subsidiary of the National Association of State Procurement Officials (“NASPO”). NASPO provides states, local governments, public educational entities and other agencies with purchasing power that allows them to leverage their spending through a single solicitation that obtains best value pricing and superior contract terms than the agencies could do on their own. Purchasing made through a purchasing cooperative are exempt from competitive bidding requirements pursuant to KCC 3.70.110.F. One contract that NASPO has entered into, and which the state DES has elected to participate in, is a contract with Hewlett Packard Enterprise (“HP Enterprise”). This contract is currently in effect through February 28, 2023. Should the City purchase from HP Enterprise under the purchasing cooperative’s contract, the terms and conditions of that master contract will apply. A copy of the state’s participating addendum and the master contract are attached. HP Enterprise provides datacenter servers and storage including related peripherals and services. The City has a current need to purchase servers and associated peripherals to upgrade our existing SCADA system. The cost for the servers and associated peripherals is estimated to be $26,321.12. While this amount is within the Mayor’s contract authority, IT staff seeks Council approval to allow future purchases to be made under this contract for additional products through HP Enterprise, so long as future purchases are within established budgets and the contract is in effect. 8.E Packet Pg. 39 BUDGET IMPACT: $26,321.12 SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. 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. 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (PDF) 06/21/22 Operations and Public Safety Committee MOTION PASSES 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 8.E Packet Pg. 40 Hewlett Packard Enterprise MNNVP-134 / WA DES 05815-014 Quote & Contract Exhibit for OPSC 8.E.a Packet Pg. 41 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Hewlett Packard Enterprise Quote NQ04254946-01 8.E.a Packet Pg. 42 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Page 1 of 4Legal Quotation: . Phone: Address: Email: Fax Number: Date: Terms: RFQ #: HPE Sales Contact: Email: Submit Purchase Order To: Contract ID: Quote ID: Mark Bleakley mark.bleakley@hpe.com 05815-014 NT30 AFTER INVOICE DATE July 31, 2022 US-SLED-ORDERS@hpe.com Solution Overview Support Sub-total Net Price Hardware Software 14,910.04 869.12 8,127.40 USD 23,906.56 Grand Total: June 6, 2022 Solution Total weight 153.224 Kg Shipping and Handling Estimated USD 0.00 Email PO to: Quote summary NQ04254946-01 Customer details USD 23,906.56 Quote Segment:+1 206 7948416Phone: Fax: In reply to your request:Expires On: 0.00 0.00 Installation Services, Training, & Other Estimated Delivery Time:95 - 119Days Sold To Address:Ship To Address: Kent, Washington, 98032-5838 US KENT, CITY OF US 220 4TH Ave S 220 4TH Ave S Kent, Washington, 98032-5838 KENT, CITY OF Following are required with PO submissions to HPE: • Hewlett Packard Enterprise listed as the Vendor • Bill-to & ship-to addresses, End User name and address • PO # with valid HPE quote # (incl. Contract ID where applicable) • HPE Purchase Agreement # (if applicable) • Contact name, phone # and email address • Requested Delivery Date • Tax Status (tax exemption requires a valid certificate)FINANCING : As low as USD 681.69 per Month for 36 months Fair Market Value1 Please Contact your local HPE or HPE FS rep for more information HPE Contact Estimated Delivery Time is purely an estimate. It can materially change based on when the order is placed and the ongoing evolving material supply situation. Hewlett Packard Enterprise Proprietary for Customer Use Only - Do Not Share. 8.E.a Packet Pg. 43 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Page 2 of 4 NQ04254946-01Legal Quotation: . The following structured solution is offered for sale with a defined configuration menu and solution adjustment. Changing the configuration may affect the offer. Quote details No.Qty Product Description Ext Net Price Estimated Delivery Time CNFG 4 5127650940-02 Bleakley City of Kent DL360 Skinny 23,906.56 95 days 0100 1 P28947-B21 HPE DL360 Gen10+ 4LFF NC CTO Svr 6,927.20 91 days 1 P28947-B21#ABA DL360 Gen10 Plus 4LFF CTO Server 0.00 23 days 0101 1 P36920-B21 INT Xeon-S 4309Y CPU for HPE 2,882.04 15 days 0102 1 P07525-B21 HPE 8GB 1Rx8 PC4-3200AA-R Smart Kit 522.88 53 days 0103 2 P47808-B21 HPE 960GB SATA RI LFF LPC MV SSD 2,204.80 15 days 0104 1 P08449-B21 INT I350 1GbE 4p BASE-T OCP3 Adptr 766.40 15 days 0105 2 865408-B21 HPE 500W FS Plat Ht Plg LH Pwr Sply Kit 838.00 95 days 0106 1 BD505A HPE iLO Adv 1-svr Lic 3yr Support 869.12 20 days 0107 1 P13771-B21 HPE Gen10 Plus TPM BR Module Kit 119.84 23 days 0108 1 P14604-B21 HPE Gen10+ Intrusion Detection Kit 52.80 23 days 0109 1 P07818-B21 HPE DDR-4 DIMM Blanks Kit 103.20 23 days 0110 1 P26487-B21 HPE DL300 G10+ 1U LFF Easy Inst Rail Kit 375.20 15 days 0111 1 P37863-B21 HPE DL360 Gen10+ Stnd Heat Sink Kit 117.68 74 days 0200 1 HU4B2A5 HPE 5Y Tech Care Basic SVC 0.00 Support product 1 HU4B2A5#ZSA HPE Proliant DL360 Gen10+ Support 7,973.84 Support product 1 HU4B2A5#R2M HPE iLO Advanced Non Blade Support 153.56 Support product Hewlett Packard Enterprise Proprietary for Customer Use Only - Do Not Share. 8.E.a Packet Pg. 44 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Page 3 of 4 NQ04254946-01Legal Quotation: . Sub-Total:USD 23,906.56 Shipping and Handling USD 0.00153.224 KgTotal weightEstimated Grand Total:USD 23,906.56 Hewlett Packard Enterprise Proprietary for Customer Use Only - Do Not Share. 8.E.a Packet Pg. 45 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Page 4 of 4 NQ04254946-01Legal Quotation: . Terms & Conditions 1 TERMS AND CONDITIONS: Financing and service offerings available through Hewlett-Packard Financial Services Company and its subsidiaries and affiliates (collectively, “HPFSC”) in certain countries and is subject to credit approval of customer and execution of standard HPFSC documentation. Quotations are indicative, for discussion purposes only and based on certain assumptions, including a 36-month lease with a fair market value purchase option at the end of the term. Final pricing will be determined by HPFSC based on customer’s credit rating, offering terms, transaction size, and/or equipment type and options. Not all customers may qualify. Not available in all countries. Other restrictions may apply. HPFSC reserves the right to change or cancel this program at any time without notice. For inquiries regarding this quote please contact your HPE sales rep *If quoted herein, Remarketed Products are fully remanufactured and carry new product warranty. Purchase is subject to inventory availability at receipt of order. Inventory may not be reserved. Hewlett Packard Enterprise reserves the right to substitute new components if appropriate, or to cancel orders by notifying the customer if necessary components are unavailable. *If quoted herein, Hewlett Packard Enterprise Promotions must be ordered as quoted, no substitutions will be allowed. POs must be received on or prior to the expiration date of the quote or special promotion whichever comes first. *If quoted herein, Hewlett Packard Enterprise Consignment/Demo equipment is currently at the location listed on this quote. Issuing a PO against this formal quotation will imply acceptance and delivery of the Consignment/Demo inventory. The standard warranty applicable to new equipment will apply. Some demo equipment may contain products that are remanufactured to be functionally equivalent to new. If this quote contains Non-HPE branded products, Non-HPE branded products receive warranty coverage as provided by the relevant third party supplier. The terms and conditions of the NASPO ValuePoint Agreement as set forth in your Contract ID as referenced in your quote from HPE applies to any order placed as a result of this inquiry. No other terms and conditions shall apply. Please reference this contract when placing an order. Quote contains special discounts. Unless the customer has another valid agreement with Hewlett Packard Enterprise, this quotation is governed by Hewlett Packard Enterprise Customer Terms - Portfolio. A copy of these terms can be found on-line at https://www.hpe.com/us/en/about/end-user- agreement-terms.html Hewlett Packard Enterprise Proprietary for Customer Use Only - Do Not Share. © Copyright 2017 Hewlett Packard Enterprise Development LP. 8.E.a Packet Pg. 46 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Washington State Department of Enterprise Services Master Contract Usage Agreement (LW13-227) 8.E.a Packet Pg. 47 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 48 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 49 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 50 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 51 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 52 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Washington State Department of Enterprise Services Participating Addendum Hewlett Packard Company MA# MNNVP-134 Washington Master Contract #05815-014 8.E.a Packet Pg. 53 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 54Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 55Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 56Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 57Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 58Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 59Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 60Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 61Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 62Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 63Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 64Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 65Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 66Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 67Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 68Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 69Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 70Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 71Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 72Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 73Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 74Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 75Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 76Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 77Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 78Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 79Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 80Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 81Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 82Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 83Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 84Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 85Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 86Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 87Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.aPacket Pg. 88Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) WSCA NASPO-Hewlett Packard Company Master Agreement MNWNC-115 8.E.a Packet Pg. 89 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 90 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 91 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 92 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 93 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 94 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 95 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 96 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 97 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 98 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 99 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 100 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 101 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 102 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 103 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 104 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 105 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 106 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 107 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 108 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 109 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 110 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 111 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 112 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 113 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 114 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 115 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 116 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 117 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 118 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 119 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 120 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 121 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 122 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 123 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Hewlett Packard Company-Hewlett Packard Enteprise MNWNC-115 Assignment Agreement (to MNNVP-134) 8.E.a Packet Pg. 124 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 125 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 126 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 127 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 128 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 129 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 130 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 131 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 132 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 133 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 134 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 135 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 136 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 137 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 138 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 139 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 140 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 141 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 142 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 143 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 144 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 145 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 146 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 147 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 148 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 149 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 150 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 151 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 152 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 153 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 154 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 155 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 156 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 157 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 158 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 159 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 160 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 161 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 162 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Hewlett Packard Enteprise-MNNVP-134 Amendments 8.E.a Packet Pg. 163 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 164 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 165 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 166 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 167 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Assignment Agreement, Contract No. MNWNC-122 EXHIBIT A MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD and AMENDMENT NO. 1 8.E.a Packet Pg. 168 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DEPARTMENT OF ADMINISTRATION STATE OF MINNESOTA Materials Management Division 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD To: WITH NIMBLE STORAGE, INC. FOR COMPUTER EQUIPMENT: Storage including Related Peripherals & Services Nimble Storage, Inc. 211 River Oaks Parkway San Jose, CA 95134 Contract Vendor Administrator: Mary Reuss Email: Mary.Reuss@nimblestorage.com Phone: (612) 849-2548 CONTRACT NO: CONTRACT PERIOD: Through EXTENSION OPTION: MNWNC-122 April 1, 2015, or upon final executed signatures, whichever is later March 31, 2017 UP TO 36 MONTHS You are hereby notified that your response to our solicitation, which opened January 31,2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1. A Participating Entity's Participating Addendum ("PA") A Participating Entity's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement.; 2. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions); 3. The Solicitation; and 4. the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 2. MINNESOTA MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat.§ 16/3, subd. 3. BY(~_,_:p(i:?GLJL- Title: Master Agreement Administrator Print Name Title: V? , C"1i.-t-1!i.IU<L CJ, lA N. S F~L Date: \:J-1 Ut'S By: 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Sianature Or delegated representative. Printed Nama By: Original signed Title: Date: Date: FEB 2 6 2015 By lucas J. Jan nett CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 169 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD TABLE OF CONTENTS TABLE OF CONTENTS ................................................•....................................•...........................................•.................... 2 SUMMARY ....................................................................•................................................................................•..................... 3 EXHIBIT A-TERMS & CONDITIONS ...............................................................•...........................................•.................... 5 EXHIBIT B-PRICING ......................................•......................................................•............................................•..•......... 23 EXHIBIT B-PRICING SCHEDULE ..................•..............................................................................•.............................•.. 25 EXHIBIT C-PRODUCT AND SERVICE SCHEDULE (PSS) ......................•.................................................................... 26 EXHIBIT D-WEBSITE ................•......................................................................•.............................................................. 27 EXHIBIT E-ACTION REQUEST UPDATE FORM (ARF) .............•..................•.•........................................•.................... 28 EXHIBIT E-ACTION REQUST FORM (ARF) .................................................................................................................. 29 EXHIBIT F -REPORTING ....................................................•......................................•.................................................... 30 EXHIBIT G-DEFINITIONS .........................................................................................................................•..•.•.•............. 31 2 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 170 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 c WSCA-NASPO' COOPERATIVE PURCHASING ORGANIZATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD SUMMARY 1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award. After evaluation by a multi-state sourcing team the solicitation resulted in the Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for: Computer Equipment (Desktops, Laptops, Tablets, Servers and Storage including related Peripherals & Services). The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Band(s) awarded are identified below: Band 5: Storage The original solicitation included Band 6: Ruggedized. This band has been removed and ruggedized equipment will be allowed in Bands 1-5. The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017, with the option to extend up to 36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Product and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION. All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA) at the option of Participating States. Participating States reserve the right to add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as allowed by the Master Agreement. 4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity could purchase 10 laptops@ $10,000 for a total purchase price of $1 00,000). ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals $ 5,000 Services Addressed by each State in participating addendum * Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 171 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 5. RESTRICTIONS. The following restrictions apply to the Master Agreement. A Participating State may set further restrictions of products in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software 1. Software is restricted to operating systems and commercial off-the-shelf (COTS) software and is subject to equipment configuration limits. 2. Software is an option which must be related to the procurement of equipment. 3. Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment (Band 4&5) purchased, is allowed and may be procured after the initial purchase of equipment. b. Services 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 5. Managed Print Services are not allowed. c. Third Party Products. 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d. Additional Product/Services 1. Hardware and software required to solely support wide area network (WAN) operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. 6. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. 4 CONTRACT NO. MNWNCw122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 172 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT A -TERMS & CONDITIONS MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action ensues. A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response. Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions. Any response which fails to comply with this requirement may be disquallfied as nonresponsive. All general proposal terms, specifications and WSCA-NASPO Terms & Conditions form a part of this RFP and will apply to any Master Agreements entered into as a result thereof. 2. CONFLICT OF TERMS/ORDER OF PRECEDENCE: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms & Conditions) c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. ADDENDA TO THE RFP. Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum. Addenda will be numbered consecutively in the order they are issued. 4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by Iota/lot, and where at its sole discretion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders, whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re- issue the solicitation, whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. 5. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder shall immediately notify the Acquisition Management Specialist in writing, as 5 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 173 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time. Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. 6. COMPLETION OF RESPONSES. A response may be rejected if it is conditional or incomplete. Responses that contain conflicting, false, or misleading statements or that provide references that contradict or do nat support an attribute or condition stated by the responder, may be rejected. 7. MASTER AGREEMENT ADMINISTRATOR. The Master Agreement Administrator designated by WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: Susan Kahle Acquisition Management Specialist Department of Administration Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 Fax: 651.297.3996 E-mail: susan.kahle@state.mn.us 8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR. All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected vendors are final. By executing this Contract, the Contract Vendor certifies and agrees that all information provided in the Contract and in response to the solicitation will be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. If the Contract Vendor submits information after execution of this Contract that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stat. § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State, its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting a response to the RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials. 9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due date and time. Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods: notification by letter, fax or email, or posted on the Materials Management website, www.mmd.admin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD) Assistant Director, and the MMD Director. 10. ELECTRONIC FILES TO DOWNLOAD, COMPLETE, AND RETURN. Responders must download a Word/Excel document. 11. ENTIRE AGREEMENT. A written Master Agreement (including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference) and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. 6 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 174 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It is understood and agreed that the response, or any part thereof, when accepted by the appropriate department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION. A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATER/ALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competttive advantage over other vendors; or, b. gives the Lead State something significantly different from that which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 15. NOTICES. If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices to the Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St. Paul, MN 55155 651-296-2600 7 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 175 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) MASTER AGREEMENT TERMS AND CONDITIONS B. WSCA-NASPO TERMS AND CONDITIONS 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent (0.1% or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. Additionally, some states may require an additional fee be paid directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements may not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions) c. The Solicitation including all addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. AMENDMENTS. The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Master Agreement Administrator. 4. ASSIGNMENT OF ANTITRUST RIGHTS. NEGOTIATED. Contract Vendor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which may accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Contract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. Notwithstanding the foregoing, to the extent permissible under the applicable Participating Entity's state procurement laws, Contract Vendor may assert any claims for relief or causes of action described above (i) in defense of or as a counterclaim to any patent infringement action brought against it or {ii) if the Participating Entity declines to pursue such claims for relief or causes of action on its own behalf. 5. ASSIGNMENT/SUBCONTRACT. NEGOTIATED. Contract Vendor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. Notwithstanding the foregoing, consistent with commercial practice, Contract Vendor shall be permitted to subcontract with or engage with its commercial contract manufacturers, partners and third party. service providers to perform its responsibilities under this Master Agreement. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in 8 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 176 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) association with any order. Cancellation of the Master Agreement due to Contract Vendor default may be immediate if defaults cannot be reasonably cured as allowed per Default and Remedies term. 7. CONFIDENTIALITY, NON-DISCLOSURE AND INJUNCTIVE RELIEF. NEGOTIATED. 7.1 Confidentiality. Contract Vendor acknowledges that it and its employees or agents may, in the course of providing the Product under this Master Agreement, be exposed to or acquire information that is confidential to Participating Entity or Participating Entity's clients. Any and all information of any form that is marked as confidential by Contract Vendor or any Participating Entity or Participating Entity's clients (each a "Disclosing Party") or would by its nature be deemed confidential obtained by recipient of such information (a "Recipient"), including, but not necessarily limited to (a) any Disclosing Party records, (b) personnel records, and (c) information concerning individuals, is confidential information of Disclosing Party ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information by the Recipient shall be treated in the same manner as the Recipient's own Confidential Information but in no event shall the Confidential Information be treated with less than reasonable care. Confidential Information does not include information that (a) is or becomes (other than by disclosure by Recipient publicly known; (b) is furnished by the Disclosing Party to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in Recipient's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than Disclosing Party without the obligation of confidentiality, (e) is disclosed with the written consent of Disclosing Party or; (f) is independently developed by employees, agents or subcontractor of Recipient who can be shown to have had no access to the Confidential Information 7.2 Non-Disclosure. Recipient shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the purposes of this Master Agreement, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Recipient shall use commercially reasonable efforts to assist the Disclosing Party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Recipient shall advise the Disclosing Party immediately if Recipient learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and Recipient shall at its expense cooperate with the Disclosing Party in seeking injunctive or other equitable relief in the name of Disclosing Party or Recipient against any such person. Except as directed by the Disclosing Party, Recipient will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement. These provisions, including the provisions in subsection 7.1 defining Confidential Information, shall. be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Participating Entity. 7.3 Injunctive Relief. The parties acknowledge that breach of this Section, including disclosure of any Confidential Information, will cause irreparable injury to the Disclosing Party that is inadequately compensable in damages. Accordingly, the Disclosing Party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Recipient acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of the Disclosing Party and are reasonable in scope and content. 7.4 Participating Entity is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8. DEBARMENT. The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction (Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a written explanation for review by WSCA-NASPO. In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding, to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity, the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and Conditions 9. DEFAULTS & REMEDIES. a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or 9 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 177 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and ii. Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii. Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and vi. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders. 11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreements shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State. 13. INDEMNIFICATION. DELETED SEE SECTION 2C17. 14. INDEMNIFICATION -INTELLECTUAL PROPERTY. DELETED SEE SECTION 2C17 15. INDEPENDENT CONTRACT VENDOR. The Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. 10 CONTRACT NO. MNWNC~122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 178 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 17. INSURANCE. NEGOTIATED. Except to the extent modified by a Participating Addendum, Contract Vendor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. Coverage shall be written on an occurrence basis except Tech Errors and Omissions Liability which may be written a claims made basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a. Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limtt of not Jess than $1 million per occurrence/$2 million general aggregate; b. Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay premiums on all insurance policies and maintain Insurance at the current levels throughout the life of the contract. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that (i) includes the Participating Entity as an additional insured as required by written contract, and, (ii) provides that the Contract Vendor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED-SEE SECTION 2B30 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State. 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels (if possible), packing slips, invoices, and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCAINASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states and the District of Columbia. Obligations under this Master Agreement are limtted to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's statutes to use state 11 CONTRACTNO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 179 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 24. PAYMENT. Payment for completion of an order under this Master Agreement is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge. 25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 26. RECORDS ADMINISTRATION AND AUDIT. NEGOTIATED. The disclosure of records in Participating States relating to Participating addenda and orders placed against the Master Agreement shall be governed by the laws of the Participating State and entity who placed the order. The Contractor shall maintain directly pertinent books, records, and documents, pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. Routine audits and/or examinations shall not be conducted more often than annually and the examining entity shall provide Contract Vendor reasonable notice of such audit and/or examination. Unless a longer period is required under the applicable Participating Entity's laws or regulations, This right shall survive for a period of three (3) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. Records will be retained longer if required by Participating Entity's law. 27. REPORTS -SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly Sales/Administrative Fee Reporting Tool found at http://www.naspo.org/WNCPO/Calculator.aspx. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than the last day of the month following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall also report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill-to and ship-to locations; Purchasing Entity and Contract Vendor Purchase Order identifier/number(s); Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CO-Rom, jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in Section 6, Attachment H. 12 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 180 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 28. ACCEPTANCE AND ACCEPTANCE TESTING. a. Acceptance. Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) shall determine whether all Products and Services delivered meet the Contractor's published specifications (a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty (30) calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31'' day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. b. Acceptance Testing. The Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable, the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a 'system' is defined at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty. 30. TITLE OF PRODUCT. NEGOTIATED. OWNERSHIP a. Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents, whether in tangible or electronic forms, prepared by the Contract Vendor pursuant to a separately negotiated statement of work between the Contract Vendor and Purchasing Entity, and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion of the statement of work, or otherwise, upon, termination or cancellation of the Master Agreement. The Contract Vendor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. b. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contract Vendor conceives or originates, either individually or jointly with others, which arises out of the performance of the said statement of work, will be the property of the Purchasing Entity and are, by the Master Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials. Where applicable, works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered "works for hire" as defined in the U.S. Copyright Act. c. Notwithstanding the above, the Purchasing Entity will not own any of the Contract Vendor's pre-existing intellectual property that was created prior to and/or outside performance of the Master Agreement including, without limitation, the Products, Software and Services, any updates or upgrades thereto, and will not own any of the Contract Vendor's intellectual property which the Purchasing Entity did not pay the Contract Vendor to create. The Contract Vendor grants the Purchasing Entity a perpetual, non-exclusive, royalty free license in Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that 13 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 181 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) are purchased through this Master Agreement, under the terms and conditions of Contract Vendor's commercial agreements found at www.nimblestorage.com/docs. d. Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws. In the event of conflict, the terms and conditions of the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing. 31. WAIVER OF BREACH. NEGOTIATED. Failure of Contract Vendor, Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Contract Vendor, Lead State or Participating Entity must be in writing. Waiver by the Contract Vendor, Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRANTY. NEGOTIATED. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include substantially the following as provided in Contract Vendor's standard commercial warranty as set forth in Contract Vendor's commercial agreements: (a) the Product performs according to the specifications (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is designed and manufactured in a commercially reasonable manner, and (d) the Product is free of defects. For third party products sold by the Contract Vendor, the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. Upon breach of the warranty, the Contract Vendor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contract Vendor in accordance with Contract Vendor's standard commercial warranty and disclaimers as set forth in Contract Vendor's commercial agreements. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court. 14 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 182 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions. 2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010, which entails, in part, the Web Content Accessibility Guidelines ryJCAG) 2.0 (Level AA) and Section 508 Subparts A-D which can be viewed at http://www.mmd.admin.state.mn.us/pdf/accessibility standard.pdf Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered, VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS) for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.gov/oetlpolicies-and-standards/accessibility/#. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing. Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 1 0 working days in which to fill the vacancy with an acceptable employee. 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required by law. 5. AMERICANS WITH DISABILITIES ACT (ADA). DELETED. 6. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof, the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal, the prospective lower tier participant [responder] is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 15 CONTRACT NO. MNWNC~122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 183 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 9. CHANGE REQUESTS. The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products introduced during the term of the Master Agreement shall go through a formal review process. A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement. The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement as well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement. In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement, the Lead State requires that independent manufacturers and resellers cooperate with the already 16 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 184 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) established Contract Vendor in order to meet the Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval. 10, CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.sec.gov/rules/final/2012/34-67716.pdf. 11. COPYRIGHTED MATERIAL WAIVER. The Lead State reserves the right to use, reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond to request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to em ailing, photocopying, State lntraneUinternet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response, the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law, the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement. 13. FOREIGN OUTSOURCING OF WORK. Upon request, the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected non public, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES. To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations, the Contract Vendor must provide Material Safety Data Sheets regarding those substances. A copy must be included with each delivery. 16. HUMAN RIGHTS/AFFIRMATIVE ACTION. The Lead State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple 17 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 185 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. § 363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance 18 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 186 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. 17. INDEMNIFICATION. NEGOTIATED. The Contract Vendor shall indemnify, protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the Lead State and the Participating Entity arising from the performance of the Master Agreement by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. LIMITATION OF LIABILITY. The State agrees that the Contract Vendor, its principals, members and employees shall not be liable to the State for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the goods provided or services performed hereunder for an aggregate amount of $10,000,000. This limitation of liability does not apply to damages for personal injury or death, or to Contract Vendor's obligation to indemnify, defend and hold the State harmless against intellectual property infringement as set forth below. This indemnification does not include liabilities caused by the State's gross negligence, or intentional wrongdoing of the State. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) SHALL CONTRACT VENDOR BE LIABLE FOR INCIDENTIAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR LOST OR CORRUPTED DATA ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE OR INTERRUPTION OF ITS PRODUCTS. This Limitation of Liability replaces section 4 of the Nimble Storage End User License Agreement and section 6 of the Terms and Conditions of Sale and Support. If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity. 18. INTELLECTUAL PROPERTY INDEMNIFICATION. The Contract Vendor, at its own expense, shall defend to the extent permitted by the Participating Entity's laws, the Participating Entity against any claim that any Product or Service provided under this Agreement infringes any patent, copyright or trademark in the United States, and shall pay all costs, damages and attorneys' fees that a court finally awards as a result of such a claim. In addition, if any third party obtains a judgment against a Participating Entity based upon the Contract Vendor's trade secret infringement relating to any Product or Service provided under this Agreement, the Contract Vendor agrees to reimburse the Participating Entity for all costs, attorneys' fees and the amount of the judgment. To qualify for such defense and/or payment, the Lead State or Participating Entity shall: 1. Give the Contract Vendor prompt written notice of any claim; 2. Allow the Contract Vendor to control the defense or settlement of the claim; and 3. Cooperate with the Contract Vendor in a reasonable way to facilitate the defense or settlement of the claim. If any Products or Services becomes , or in the Contract Vendor's opinion is likely to become the subject of a claim of infringement, the Contract Vendor shall, at its option and expense either (a) procure for the Participating Entity the right to continue using the Products or Services (b) replace or modify the Products or Services so that it becomes non-infringing or (c) accept return of the Products or Services to the Contract Vendor and refund an amount equal to the depreciated value of the returned Products or Service, less the unpaid portion of the purchase price and any other amounts, which are due to the Contract Vendor. The Contract Vendor's obligation will be void as to any Products or Services modified by the Participating Entity to the extent such modification is the cause of the claim. This remedy is in addition to any other remedy provided by law. The Contract Vendor has no obligation for any claim of infringement arising from: 1. The Contract Vendor's compliance with the Participating Entity's or by a third party on the Participating Entity's behalf designs, specifications, or instructions; 2. The Contract Vendor's use of technical information or technology provided by the Participating Enttty; 3. Product modifications by the Participating Entity or a third party; 4. Product use prohibited by Specifications; or 5. Product use with products that are not Contract Vendor branded. 19 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 187 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 19. JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat.§ 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards : a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. 22. NOTICE TO RESPONDERS. Pursuant to Minn. Stat. § 270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number. This information may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. 23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons: • a Contract Vendor is unable or potentially unable to render impartial assistance or advice to the State; • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage. The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract,""Contract Vendor," "Master Agreement", "Master Agreement Administrator" and "Contract Administrator" modified appropriately to preserve the State's rights. 24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. Contract Vendor assures all of its Network Components, Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS"). "Network Components" shall include, but are not limited to, Contract Vendor's firewalls, switches, routers, wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) 20 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 188 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) applications. "Servers" shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data" shall mean any personally identifiable data associated with a cardholder, including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services, or for other uses specifically required by law. Contract Vendor must have a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations; will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS. 25. PERFORMANCE WHILE DISPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 26. PREFERENCE. Targeted/Economically Disadvantaged. In accordance with Minn. Stat.§ 16C.16, subds. 6 and 7, eligible certified targeted group (TG) businesses and certified economically disadvantaged (ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first $500,000 of the response to the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the Materials Management Division's web site at www.mmd.admin.state.mn.usunder "Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under "Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651.296.2600. Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7, the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included in this solicitation and include it in your response. Veteran. In accordance with Minn. Stat.§ 16C.16, subd. 6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense form DD-214 or by the commissioner of veterans affairs; (2) veterans with service-connected disabilities, as determined at any time by the United States Department of Veterans Affairs; or (3) any other veteran-owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19 (d), a veteran-owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74. To receive a preference the veteran-owned small business must meet the statutory requirements above by the "solicitation opening date and time. The preference is applied only to the first $500,000 of the response. If responder is claiming the veteran-owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran-owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. 21 CONTRACT NO. MNWNC~122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 189 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201.2413 between the hours of 8:00 a.m. to 4:30 p.m. to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prior written consent of the State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 29. PURCHASE ORDERS. The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.). The Ordering Entity's purchase order constitutes a binding contract 30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to: a. reject any and all responses received; b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and e. terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to result in a successful Master Agreement 31. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent 32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat§ 16C.05, subd. 5). The books, records, documents, and accounting procedures and practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s) to audit this Master Agreement and transactions. 34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs: Confidentiality, Non-Disclosure and Injunctive Relief, Indemnification, Limitation of Liability, Title of Product, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees. 35. TRADE SECRET/CONFIDENTIAL INFORMATION. Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat § 13.37 22 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 190 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 t WSCA-NASPO' COOPERATIVE PURCHASING ORGANIZATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT 8 -PRICING 1. BAND(S) AWARDED: Band 5: Storage 2. PRICE STRUCTURE. The contract employs a MINIMUM discount-off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all "quantity one" procurements. An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. 3. PRICE GUARANTEE. These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement. 4. BASELINE PRICE LIST. The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website. All historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE (PSS). The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 7. BULKNOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six months (May and November). Refresh schedule is subject to change. See current configurations: http://www.wnpsp.com/index.html. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN. Trade-In Programs are the option of the Participating Entity. The Participating Addendum by each State may address the allowance of Trade-Ins. 11. SERVICES. Services are at the option of the Participating Entity. The Participating Addendum by each State may address service agreement terms and related travel. 23 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 191 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 12. LEASING. The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authority to enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted. 13. FREIGHT. All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver-to" address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO without additional cost. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if the additional cost will affect the decision to utilize the Contract Vendor. 14. DELIVERY. Delivery of ordered product should be completed within thirty (30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. 24 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 192 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT 8 -PRICING SCHEDULE of Participating States. Participating Addendums by each State may address service agreement States may negotiate additional services. The majority of hardware includes a one year warranty. our·ch:3sewarranty upgrades for certain hardware as offered. For standard warranty information and 6. ADDITIONAL DISCOUNTS-Request a quote for discounts on bulk/volume purchases. For all hardware/software, there will be a volume discount tied to cumulative$ spent: Transaction >$1M-additional 1% discount over minimum discount Transaction >$5M additional 2% discount over minimum discount 25 CONTRACT NO. MNWNC~122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 193 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C -PRODUCT AND SERVICE SCHEDULE (PSS) 1. MAINTAINING THE PSS. The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the start of sales and containing the following information: a. Band number b. Part# -SKU # c. Manufacturer d. Description e. Minimum Discount f. Category Code (This code will be refined during the approval process) g. Other fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. Suggested format is provided below: MANUFACTURER NAME: DATE: BASELINE PRICE LIST: LINK: MINIMUM CATEGORY BAND Part#-SKU# MANUFACTURER DESCRIPTION DISCOUNT CODE 1 XYZ ABC DESKTOP 60% 1M 2 550 zzzzzzz LAPTOP CART 10% 2TM 3 123A ABC SUPER TABLET 25% 3A 4. THIRD PARTY PRODUCTS: A list of third party products is to be submitted to the Lead State. Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. 26 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 194 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D -WEBSITE 1. IMPLEMENTATION. Within 30 calendar days of Master Agreement award, the Contract Vendor must provide a sample URL of the Master Agreement web page to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect, the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved, the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form. The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a. Baseline Price List and historic versions b. Approved Product and Service Schedule (PSS) c. Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote d. Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved e. Link to the WSCA-NASPO EmarketCenter f. Online ordering capability with the ability to remember multiple ship to locations if applicable to product g. Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns h. Sales representatives for participating entities i. Purchase order tracking j. Available Twenty-four (24) hours per day, seven (7) days per week availability, except for regularly scheduled maintenance k. Additional Terms may not be posted on the Website without written approval of the Lead State I. Link to the WSCA-NASPO EmarketCenter if a State is participating m. Information on accessibility and accessible products n. If participating in Premium Savings Package Program, lead with these products and display prominently on the website o. Links to environmental certification, including but not limited to take-back/recycling programs, p. Information regarding the use of Conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.sec.gov/rules/final/2012/34-67716.pdf q. Service options, service agreements for negotiations when allowed by a participating addendum r. EPEAT, Energy Star, etc. s. Link to Signed Participating Addendums t. Link to Signed Master Agreement u. Link to solicitation and Response 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 27 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 195 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E-ACTION REQUEST UPDATE FORM (ARF) The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide quarterly updates of PSS and to make requests. The Action Request Forms may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO Master Agreement Administrator RE: Master Agreement #. ____ with ___________________ (Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator: (Contract Vendor) is providing the following update and/or requesting the action noted below. Action Requested: Action Log: ______ Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: _Update of Product & Service Schedule Provide summary of additions, deletions and pricing changes. NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed _Third Party Product Addition Provide warranty Guarantee _Marketing Approval Attach Materials for review _Material Website Change Describe and provide link for review _Miscellaneous Inquiry Provide detail (e.g. key contact change, etc.) The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for compliance. Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. Contract Vendor: Name of Requester: Title of Requester: -------------- 28 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 196 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E -ACTION REQUST FORM (ARF) ACTION REQUEST FORM LOG Submit updated Action Log with each update. Log must provide history of previous update. CONTRACT VENDOR: _________ _ Contact Name and Email (for questions): ____________ _ DATE: ______ _ DATE ACTION REQUESTED: DATE APPROVED SUBMITTED 29 CONTRACT NO. MNWNCR122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 197 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F -REPORTING 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided. 2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter. 3. REQUIRED REPORTS: Report Name Submitted to Purpose & Submittal 1 WSCA-NASPO Administrative Fee WSCA-Identify total sales and administrative fee due to WSCA- NASPO NASPO 1) Go to: httg:/lwww.nasgo.org/WNCPO/Calculator.asgx 2) Complete all contract report information fields 3) Enter total sales per State or Select "no sales for quarter" checkbox 4) Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA-Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings sales, and Bring Your Own Device Employee Sales. 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State. States may require additional reporting. 4 Participating Addendum Status WSCA-Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package (PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit 30 CONTRACT NO. MNWNCM122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 198 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) fRRBBDtB DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 f WSCA-NASPO' COOPERATIVE PURCHASING ORGANIZATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G -DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals. Bands: For the purpose of this solicitation, there are six product bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product. Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse. All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops. Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule for this band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. SANC 6: RIJGGI!CI:li!C [ll!l/ICI!S R~§§eEiizeEI refers te Elevices s~ecifically Elesi§neEI te e~erate reliably in harsh ~Sa§e environments anEI cenEiitiens, s~ch as stren§ vibFatiens, elctreme tem~eFat~res anEI wet er El~sty cenEiitiens. R~§§eGiizeEI De•Jices may alse ae effereEil.lnEier aanss 1 a ef the Master A§reemenl. BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources, software and information are provided to computers and other devices as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 31 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 199 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy Star®. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy Star qualified computers and monitors automatically power down to 15 watts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications and a list of qualifying products, visit the Energy Star website at http://www.energystar.gov. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard-the IEEE 1680 EPEAT standard-and website www.epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of performance criteria for the design of products. It is not a third-party certification program. Instead, Manufacturers self-certifythat their products are in conformance with the environmental performance standard for electronic products. FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies and procedures surrounding general consulting which need adherence. Minnesota Statute section 16C.08 defines general consulting for the State of Minnesota. https://www.revisor.mn.gov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included under the Laptop Band. Lead State. The State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software "glue" that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software. Options. An item of equipment or a feature that may be chosen as an addition to or replacement for standard equipment and features. Order. A purchase order, sales order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity (e.g., ordering procedures specific to a Participating State) and may add other state-specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program, in some cases, local governments, political subdivisions or other entities in a State may be authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state. Partner. A company, authorized by the Contract Vendor and approved by the Participating State, to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, subcontractors, partners, fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 32 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 200 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) maintenance for all peripherals on the Master Agreement. Examples of peripherals/accessories/options: Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peripherals/accessories/options and may be offered in any related band. Per Transaction Multiple Unit Discount. A contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See http://www.wnpsp.com/index.html. Purchasing Entity-means a state, city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de-installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, pre-implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network (or subnetwork) that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service (STaaS). An architecture model by which a provider allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis. E.g., manage ensile or cloud services. Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode, firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and documentation, including new releases, updates, and modifications of software. Tablet. This is Band 3 of this solicitation. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable. Take back Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501 (c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 33 CONTRACT NO. MNWNC-122 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT NIMBLE STORAGE. INC. 8.E.a Packet Pg. 201 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 202 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 203 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Assignment Agreement, Contract No. MNWNC-122 EXHIBIT B COMPUTER EQUIPMENT 2014-2020 Updated 01/01/2018 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD 1. BASELINE PRICING HP ENTERPRISE LIST PRICE 2. BAND DISCOUNTS CATEGORY CODE MINIMUM DISCOUNT BAND 4 SERVER 4M 14% BAND 5 STORAGE *Includes HPE Nimble Storage, See PSS Report for details 5M 20% Category Exception: Promotions/Smart Buys PROMO 1% IMPORTANT: The minimum discount is provided, refer to Contract Vendor’s Website for any additional discounts and request a quote for bulk/volume discounts. All prices shall be FOB Destination, prepaid and allowed (with freight included in the price). If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance. 3. THIRD PARTY PRODUCTS TPH 10% Category Exception: Third Party Software TPS 5% Category Exception: Microsoft O/S when purchased with Band 4 items 4M16 0% See HPE NASPO ValuePoint Website for Approved Third Party Software & Hardware Manufacturers. 4. SERVICES - Offered at 7-22% - Contact HPE for Time and Materials Rates and Custom Services Services are at the option of the Participating State. The Participating Addendum by each State may address service agreement terms. The majority of HPE Branded products include up to a 3 year warranty and HPE provides options to upgrade to 2, 3, 4 and 5 year warranty through HPE Care Packs for some products as available. For product specifications & standard warranty included with system see: http://www.hpe.com/global/showroom/ 5. LEASING Participating Addendum may identify if and how leasing agreement terms will be conducted. 6. ADDITIONAL DISCOUNTS – Request a quote for discounts on bulk/volume purchases. a) Big Deal Pricing: Contact HPE sales for additional savings provided through “special fixed pricing” (Big Deal). HPE offers Multiple Transaction Volume based on the quantity, specific product or products purchased in a given time period. b) Cumulative and Special Discounts: Based on annual volume, HPE will evaluate yearly sales on the Master Agreement and may elect to provide potential increased discount per band or provide specials for select products for the product category or series life cycle. c) Additional Bulk/Volume Discount Options: HPE may provide procuring entities with different flexible savings options based on what meets their specific needs and requirements. HPE may provide opportunities in the form of additional equipment if allowed by the Participating Entity. d) Contact HPE for detailed list of additional discounts provided. 8.E.a Packet Pg. 204 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) 8.E.a Packet Pg. 205 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) STATE OF MINNESOTA Office of State Procurement 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 May 5, 2021 Mary A. Reuss Hewlett Packard Enterprise 6280 America Center Drive San Jose, CA 95002 Dear Ms. Reuss: Please find enclosed Amendment 4 to NASPO Master Agreement No. MNNVP-134 for you to complete and return. Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by May 14, 2021. If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company. If you have any questions, please feel free to contact me. Sincerely, Andy Doran IT Acquisitions Supervisor Enclosure(s) cc: Amanda Spolec Stacey Pierce DocuSign Envelope ID: C7EE87C9-8922-4181-A8C1-8D933A2C6CCA 8.E.a Packet Pg. 206 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 4 to NASPO Master Agreement MNNVP-134 AMENDMENT NO. 4 TO NASPO MASTER AGREEMENT NO. MNNVP-134 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Hewlett Packard Enterprise, Hewlett Packard Enterprise, 6280 America Center Drive, San Jose, CA 95002 (“Contractor” or “Contract Vendor”). WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNNVP-134, April 15, 2015, through July 31, 2021 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: 1. That NASPO Master Agreement No. MNNVP-134 is extended through July 31, 2022, at the same prices, terms, and conditions. This Amendment is effective beginning August 1, 2021, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. Hewlett Packard Enterprise The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: Signature Printed Name Title: Date: By: Signature Printed Name Title: Date: 2. Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. By: Title: Acquisition Management Specialist Date: 3. Commissioner of Administration Or delegated representative. By: Date: DocuSign Envelope ID: C7EE87C9-8922-4181-A8C1-8D933A2C6CCA 5/5/2021 Contract Negotiator Mary A. Reuss 5/5/2021 5/6/2021 8.E.a Packet Pg. 207 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) Date: 05/24/2021 Dear State of Utah, This letter is to advise you that effective June 01, 2021, Hewlett Packard Enterprise Company will relocated its headquarters: From: 6280 America Center Drive San Jose, CA , 95002 U.S.A. To: 11445 COMPAQ CENTER WEST DRIVE HOUSTON, TX 77070 U.S.A. Please direct any future correspondence to the new address found above. Thank you for your prompt attention to this matter. Sincerely, Sandra Portilla Contracts Admin. 8.E.a Packet Pg. 208 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) HEADQUARTERS HOUSTON TEXAS INFORMATION • Name of Business: Hewlett Packard Enterprise Company • Address: 11445 COMPAQ CENTER WEST DRIVE, HOUSTON, TX 77070 • Federal Taxpayer ID: 47-3298624 • Cage Code #: 7E6V7 • Duns Number: 079834910 • Type of Organization: Corporate Entity, Not Federal (Not Tax Exempt) C Corp • Business Type: Large/Manufacturer • State of Corporation: Delaware Corporation • Congressional District: TEXAS 02 • County: Harris County • Foreign Owned/Controlled: NO • Union Affiliation: NO • Phone Number: (844) 579-4351 • FAX#: 800-344-9396 • Corporate Headquarters: 11445 COMPAQ CENTER WEST DRIVE, HOUSTON, TX 77070 • Business Start Date: 01-Aug-15 • Fiscal Year End Close Date: 10/31 • President & CEO: Antonio Neri 8.E.a Packet Pg. 209 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DocuSign Envelope ID: 115F0898-0CA3-4480-810B-65587006E9EF 5/18/2022 Luke Jannett 8.E.a Packet Pg. 210 Attachment: 2015-2023_HP-Enterprise-MNNVP-134_OPSC Bundle v1 (3191 : Hewlett Packard Enterprise Contract - Authorize) DATE: July 19, 2022 TO: Kent City Council SUBJECT: Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize MOTION: I move to authorize the police department to purchase ammunition through the cooperative purchasing agreement the state Department of Enterprise Services has with Dooley Enterprises, Inc., if those purchases are within the City’s established budgets and made during the term of the state contract, and ratify the City’s past purchases with this vendor. SUMMARY: The City has entered into an agreement with the state Department of Enterprise Services (“DES”), which allows the City to cooperatively purchase through contracts the state publicly bids and enters into with various vendors. DES provides local governments with purchasing power that allows them to leverage their spending through a single solicitation that obtains best value pricing and superior contract terms than the agencies could often do on their own. Purchases through a cooperative contract are exempt from the City’s competitive process bid requirements under KCC 3.70.110.F. On January 1, 2017, DES entered into a contract with Dooley Enterprises, Inc. for ammunition, which is currently effective through December 31, 2023. A copy of this cooperative contract is attached. 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 purchases, as well as ratification of past purchases. All purchases will be made in accordance with budgets previously established and approved by Council. BUDGET IMPACT: Expenses paid from existing budgeted funds. These budgeted funds fall under Armament in the General Fund and Criminal Justice Fund. SUPPORTS STRATEGIC PLAN GOAL: 8.F Packet Pg. 211 Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Dooley Ledger Report (PDF) 2. Master Contract (Ammunition) - Dooley Enterprises (PDF) 3. 02616 Amendment 1 - July 2017 (PDF) 4. 02616 Amendment 2 - February 2019 (PDF) 5. 02616 Amendment 3 - February 2021 (PDF) 06/21/22 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 7/19/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Thomas, Troutner 8.F Packet Pg. 212 Purchase Order Document Number Batch Date G/L Date Gross Amount Supplier Number Desc Invoice Date Invoice Number 00136757 409165 4/11/2017 4/11/2017 18,834.00 Dooley Enterprises, Inc.3/30/2017 53775 00136757 409922 4/24/2017 4/24/2017 3,524.78 Dooley Enterprises, Inc.3/31/2017 53776 00136757 409924 4/24/2017 4/24/2017 43,768.41 Dooley Enterprises, Inc.3/31/2017 53789 00136757 417277 8/21/2017 8/21/2017 446.6 Dooley Enterprises, Inc.8/8/2017 54277 00139877 419366 9/25/2017 9/25/2017 29,465.94 Dooley Enterprises, Inc.9/11/2017 54374 00139877 422566 11/15/2017 11/15/2017 19,956.46 Dooley Enterprises, Inc.10/11/2017 54470 00142088 425645 1/3/2018 12/30/2017 1,884.85 Dooley Enterprises, Inc.12/11/2017 54698 00144291 432172 4/17/2018 4/17/2018 51,667.00 Dooley Enterprises, Inc.4/3/2018 55121 00147776 444548 10/23/2018 10/23/2018 14,518.91 Dooley Enterprises, Inc.10/9/2018 55801 00147776 444550 10/23/2018 10/23/2018 8,780.19 Dooley Enterprises, Inc.10/4/2018 55785 00150082 451105 2/12/2019 2/12/2019 58,914.90 Dooley Enterprises, Inc.1/18/2019 56098 00150893 452792 3/13/2019 3/13/2019 767.98 Dooley Enterprises, Inc.2/26/2019 56215 00153293 462148 8/7/2019 8/7/2019 54,223.32 Dooley Enterprises, Inc.7/18/2019 56757 00153293 463352 8/28/2019 8/28/2019 8,140.00 Dooley Enterprises, Inc.8/8/2019 56828 00156934 472345 1/29/2020 1/29/2020 10,687.09 Dooley Enterprises, Inc.1/17/2020 57469 00156934 473817 2/24/2020 2/24/2020 8,959.72 Dooley Enterprises, Inc.2/4/2020 57535 00157279 475400 3/18/2020 3/18/2020 59,630.56 Dooley Enterprises, Inc.3/4/2020 57706 00159745 484448 9/21/2020 9/21/2020 58,874.23 Dooley Enterprises, Inc.9/3/2020 58547 00162473 495005 4/21/2021 4/21/2021 39,310.54 Dooley Enterprises, Inc.3/4/2021 59742 00163121 495312 4/27/2021 4/27/2021 2,380.14 Dooley Enterprises, Inc.4/9/2021 60122 00162473 499670 7/23/2021 7/23/2021 9,192.14 Dooley Enterprises, Inc.7/9/2021 60858 00164622 501290 8/30/2021 8/30/2021 61,146.20 Dooley Enterprises, Inc.8/11/2021 61078 00167910 511843 3/18/2022 3/18/2022 73,921.54 Dooley Enterprises, Inc.3/11/2022 62524 00167910 515934 6/7/2022 6/7/2022 9,954.80 Dooley Enterprises, Inc.5/24/2022 63040 648,950.30 8.F.a Packet Pg. 213 Attachment: Dooley Ledger Report (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.b Packet Pg. 214 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - ') #- )$ )- , ) - C &Ƌ (-ƋB r-t-Ƌ T( Ƌ* #EVƋ oƋ KƋ Ƌ .ŖƋ ıƋ%Ƌ Ƌ %-)Ƌ Ƌ$.#Ƌ Ƌ 8 Ƌ Ƌ Ƌ Ƌ Ƌ ĜƋ Ü ĝ Ƌ Ƌ à~ Ƌ $yR =Ƌ Ƌ 8Ĭ Ƌ $ Ƌ Ű:Ƌ Ƌ á IJ Ƌ ă; ij Ƌ Ƌ Ý ĿƋ âuœM ŪƋ d¬Ƌ Ƌ *ŀĴ Ƌ × ĵ Ƌ U* v ŗƋ ƋJƋ#Ƌ ƋƋöƋ?WƋ'>^ÆƋ Юý űƋ Ƌø ƄƋ Ƌ Ƌ Ƌ āB8Ƌ 3 ŘƋaÉYÂÅƋ ã ƋĄŨ4 Ƌ Ē kƋ Ƌ Ƌ$# Ƌ ĢƋ2 ĶƋ Ƌ ř0Ƌ. 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ƋFL)6ƋƋƋ Ġź!Q"/ Ƌ Ƌ Ƌ+ƋƋeŻ7Ƌ*iėƋh iHġƋbHMƋ), Ƌì š w, ƋĈx ,/ ÎƋ Āņ0!Ƌ " " "Ƌ U¸īZ§Ƌ Ęƃ,/ ¨Ƌ !ľ/ů©Ƌ j Ƌ }Ţq}ªƋ %!Ƌ !!ż & ţ <Ï 8.F.b Packet Pg. 215 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 216 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 217 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 218 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 219 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 220 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 221 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 222 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 223 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 224 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 225 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 226 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 227 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Melanie Williams 8.F.b Packet Pg. 228 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 229 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 230 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 231 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 232 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 233 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 234 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 235 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.b Packet Pg. 236 Attachment: Master Contract (Ammunition) - Dooley Enterprises (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - 8.F.c Packet Pg. 237 Attachment: 02616 Amendment 1 - July 2017 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.c Packet Pg. 238 Attachment: 02616 Amendment 1 - July 2017 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.c Packet Pg. 239 Attachment: 02616 Amendment 1 - July 2017 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.c Packet Pg. 240 Attachment: 02616 Amendment 1 - July 2017 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.d Packet Pg. 241 Attachment: 02616 Amendment 2 - February 2019 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) Melanie Williams 1/25/19 8.F.d Packet Pg. 242 Attachment: 02616 Amendment 2 - February 2019 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.d Packet Pg. 243 Attachment: 02616 Amendment 2 - February 2019 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.d Packet Pg. 244 Attachment: 02616 Amendment 2 - February 2019 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.d Packet Pg. 245 Attachment: 02616 Amendment 2 - February 2019 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.d Packet Pg. 246 Attachment: 02616 Amendment 2 - February 2019 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.d Packet Pg. 247 Attachment: 02616 Amendment 2 - February 2019 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.e Packet Pg. 248 Attachment: 02616 Amendment 3 - February 2021 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.e Packet Pg. 249 Attachment: 02616 Amendment 3 - February 2021 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.e Packet Pg. 250 Attachment: 02616 Amendment 3 - February 2021 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.e Packet Pg. 251 Attachment: 02616 Amendment 3 - February 2021 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) 8.F.e Packet Pg. 252 Attachment: 02616 Amendment 3 - February 2021 (3199 : Cooperative Purchasing Agreement with Dooley Enterprises, Inc - Authorize) DATE: July 19, 2022 TO: Kent City Council SUBJECT: Set August 16, 2022 Public Hearing for Alleyway Vacation in Bridges Ave./Railroad Ave. Neighborhood – Resolution – Adopt MOTION: I move to adopt Resolution No. 2048, setting August 16, 2022 as the date for the public hearing on the petition for the vacation of a portion of right-of-way between Bridges Avenue South and Central Avenue South and East Willis Street and East Russell Street. SUMMARY: On June 21, 2022, Council vacated an alleyway in the Railroad Avenue Neighborhood as a creative tool to help neighbors combat crime in their neighborhood. A second alleyway in that same community is similarly proposed for vacation. The City wishes to initiate vacation proceedings for a portion of right-of- way consisting of an alleyway situated between properties located between Bridges Avenue South to the west and Central Avenue South to the east, and East Willis Street to the north and East Russell Street. to the south (“Vacation Area”). The Vacation Area is more particularly described in Exhibit A and depicted in Exhibit B attached to the Resolution. A street vacation extinguishes the public easement for travel (the right-of-way) over specified real property. Once this easement is extinguished, the property within the vacated area belongs to the abutting property owners, one-half to each. Vacation of this portion of right-of-way will allow the abutting property owners to close the alleyway to non-residents as a security measure. This proposed vacation impacts 7 parcels owned by private parties. No monetary consideration for the vacation will be required. The City will, however, retain an easement and the right to exercise or grant easements in respect to the vacated property for the construction, operation, repair, and maintenance of public utilities and services. Chapter 6.09 of the Kent City Code (“KCC”) allows the City Council to initiate a street vacation by adopting a resolution. This resolution must fix a time to consider the street vacation itself (“Street Vacation Hearing”). KCC 6.09.010 requires that the Street Vacation Hearing be set no more than 60 days, nor less than 20 days after the passage of the resolution. Setting the date for the Street Vacation Hearing on August 16, 2022, meets this requirement. All impacted property owners will be given notice of this hearing and the City will also provide notice by posting a notice within the Street Vacation Hearing and in City Hall. 9.A Packet Pg. 253 BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: 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. ATTACHMENTS: 1. Resolution - Bridges-Central Willis Russell Alley Vacation (PDF) 9.A Packet Pg. 254 1 Resolution - Re: Bridges/Central Alley Vacation RESOLUTION NO. 2048 A RESOLUTION of the City Council of the City of Kent, Washington, initiating and setting a public hearing date to consider the vacation of a portion of right-of-way consisting of an alleyway situated between properties located between Bridges Avenue S. to the west and Central Avenue S. to the east, and E. Willis Street to the north and E. Russell St. to the south. RECITALS A. The City Council of the City of Kent, Washington (“City”) wishes to initiate vacation proceedings for a portion of right-of-way consisting of an alleyway situated between properties located between Bridges Avenue S. to the west and Central Avenue S. to the east, and E. Willis Street to the north and E. Russell St. to the south. The portion to be considered for vacation (“Vacation Area”) is an alleyway that starts approximately at the southern border of King County Parcel Number 382800-0231 and runs between the parcels from north to south ending at the southern borders of Parcel Numbers 382800-0280 and 382800-0275. The Vacation Area is more particularly described in Exhibit A and depicted in Exhibit B attached to this Resolution. B. Vacation of this portion of right-of-way will allow the abutting property owners to close off the alleyway to the public as a security measure. 9.A.a Packet Pg. 255 Attachment: Resolution - Bridges-Central Willis Russell Alley Vacation (3216 : Resolution Setting August 16, 2022 as the Date for the Public 2 Resolution - Re: Bridges/Central Alley Vacation This proposed vacation impacts 7 parcels owned by private parties—Parcel Nos. 382800-0231, 382800-0250, 382800-0255, 382800-0260, 382800- 0270, 382800-0280, 382800-0275. No monetary consideration for the vacation will be required. Upon vacation, the property within the limits vacated belongs to the abutting property owners, one-half to each. The City will, however, retain an easement and the right to exercise or grant easements in respect to the vacated property for the construction, operation, repair, and maintenance of public utilities and services. C. Chapter 6.09 of the Kent City Code (“KCC”) allows the City Council to initiate a street vacation by adopting a resolution. This resolution must fix a time to consider the street vacation itself (“Street Vacation Hearing”). KCC 6.09.010 requires that the Street Vacation Hearing be set no more than 60 days, nor less than 20 days after the passage of the resolution. Setting the date for the Street Vacation Hearing on August 16, 2022, meets this requirement. D. The City must also provide notice of the Street Vacation Hearing in accordance with KCC 6.09.020. Specifically, the City Clerk must provide the following notice of the Street Vacation Hearing: (1) posting notice in three of the most public places in the City at least 20 days in advance; (2) posting notice in a conspicuous place on the street proposed to be vacated; and (3) mailing notice at least 15 days in advance to the owners of all parcels of land or other property abutting the street proposed to be vacated as shown in the rolls of the county assessor. This notice must state that the City is considering vacating a portion of the right-of-way and give the time and place for the Street Vacation Hearing. Additionally, the City must also solicit comments from its own departments, from utility companies, and from any others who may have a special interest in the vacation of the street. 9.A.a Packet Pg. 256 Attachment: Resolution - Bridges-Central Willis Russell Alley Vacation (3216 : Resolution Setting August 16, 2022 as the Date for the Public 3 Resolution - Re: Bridges/Central Alley Vacation E. To meet these requirements, this resolution sets the date of the Street Vacation Hearing at the regularly scheduled City Council meeting on August 16, 2022. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Street Vacation Proposal Initiated. The City Council hereby initiates a proposal to vacate a portion of right-of-way situated between properties located between Bridges Avenue S. to the west and Central Avenue S. to the east, and E. Willis Street to the north and E. Russell St. to the south following notice to the public and abutting owners as required by law, and a public hearing. The portion to be considered for vacation starts approximately at the southern border of King County Parcel Number 382800- 0231 and runs between the parcels from north to south ending at the southern borders of Parcel Numbers 382800-0280 and 382800-0275. (“Vacation Area”). The proposed Vacation Area is more particularly described in Exhibit A and depicted in Exhibit B attached to this Resolution. No monetary consideration for the vacation will be required. SECTION 2. – Public Hearing Scheduled. The City Council hereby sets the date of the public hearing for the proposed vacation to be August 16, 2022, which shall occur during the City Council’s scheduled public meeting. Following the public hearing, the City Council may take action in regard to the vacation. SECTION 3. – City Clerk Directed. Pursuant to KCC 6.09.020, upon passage of this resolution, the City Clerk shall give not less than twenty (20) days’ notice of the time, place, and purpose of the public hearing by: (1) 9.A.a Packet Pg. 257 Attachment: Resolution - Bridges-Central Willis Russell Alley Vacation (3216 : Resolution Setting August 16, 2022 as the Date for the Public 4 Resolution - Re: Bridges/Central Alley Vacation posting written notice of the hearing in three (3) of the most public places in the City and a like notice in a conspicuous place on the street proposed to be vacated; and (2) directing a copy of the notice and resolution to the City’s planning director who shall solicit comments from City departments, utility companies, and such others as is believed to have a special interest in the vacation. Additionally, at least fifteen (15) days prior to the hearing, the City Clerk shall mail notice to the owners of all lots, tracts, or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county assessor. The notice shall also state that if 50 percent or more of the owners of property abutting the portion sought to be vacated file written objection with the City Clerk prior to the time of hearing, the City shall not proceed with the resolution. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 5. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. – Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 9.A.a Packet Pg. 258 Attachment: Resolution - Bridges-Central Willis Russell Alley Vacation (3216 : Resolution Setting August 16, 2022 as the Date for the Public 5 Resolution - Re: Bridges/Central Alley Vacation SECTION 8. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. July 19, 2022 DANA RALPH, MAYOR Date Approved ATTEST: July 19, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: TAMMY WHITE, ACTING CITY ATTORNEY 9.A.a Packet Pg. 259 Attachment: Resolution - Bridges-Central Willis Russell Alley Vacation (3216 : Resolution Setting August 16, 2022 as the Date for the Public EXHIBIT THAT PORTION LYING WITHIN BLOCK 4, KENT ADDITION, RECORDED IN VOLUME 2 PAGE 165 OF PLATS, RECORDS OF KING COUNry, WASHINGTON, IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CIry OF KENT, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 5 OF SAID BLOCK 4; THENCE SoUTHERLY ALONG THE EASTERLY LINE OF LOTS 5, 8, 9, 12, AND 13 TO THE SOUTHEAST CORNER OF SAID LOT 13; THENCE EASTERLY TO THE SOUTHWEST CORNER OF LOT 14 OF SAID BLOCK 4; THENCE NORTHERLY ALONG THE WESTERLY LINE OF LOTS L4, Ll, 10, 7, AND 6 TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE WESTERLY TO THE POINT OF BEGINNING. CONTAINING 6,000 SQUARE FEET, MORE OR LESS. 4tgo L,NO 7-tl A 9.A.a Packet Pg. 260 Attachment: Resolution - Bridges-Central Willis Russell Alley Vacation (3216 : Resolution Setting August 16, 2022 as the Date for the Public EXHIBITSCALE: DATE:07/11/2022 1"=100' ALLEY VACATION LOCATED IN THE SE 1/4 OF SEC 24, TOWNSHIP 22 N, RANGE 4 E, W.M.DRAWN BY:TLM IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON. Project # 24-22-4 CITY OF KENT LAND SURVEY SECTION6,000 SQ. FTS BRIDGES AVEP.O.B. WILLIS ST S CENTRAL AVERUSSELL ST B 9.A.a Packet Pg. 261 Attachment: Resolution - Bridges-Central Willis Russell Alley Vacation (3216 : Resolution Setting August 16, 2022 as the Date for the Public DATE: July 19, 2022 TO: Kent City Council 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 9.B Packet Pg. 262 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. 2 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) 9.B Packet Pg. 263 1 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions ORDINANCE NO. 4436 AN ORDINANCE of the City Council of the City of Kent, Washington, declaring an emergency and amending Chapter 9.02 of the Kent City Code, entitled “Criminal Code,” to: (i) adopt by reference 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 (ii) make other housekeeping amendments to the criminal code to update changes made to the Revised Code of Washington titles, adopt other misdemeanor crimes that were not previously 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. RECITALS A. During its 2021 and 2022 legislative sessions, the Washington State Legislature adopted a number of bills that added new criminal provisions to the Revised Code of Washington (“RCW”).1 The Kent City Code has adopted by reference a number of state law provisions for application and enforcement in the City of Kent. Once a state law is adopted by reference into the Kent City Code, that reference is sufficient for subsequent amendments the Legislature may make to that state law provision. Through 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; prohibitions on large capacity magazines, untraceable firearms, and unfinished frames. 9.B.a Packet Pg. 264 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 2 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions Section 9.02.020, the Kent City Code has adopted nearly all misdemeanors, gross misdemeanors, and Class C felonies contained in the 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. B. 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. C. While updating the criminal code to add these new crimes, staff made other housekeeping amendments to reflect changes made to the Revised Code of Washington titles, and incorporated into the ordinance other misdemeanor crimes that were not previously adopted by specific reference.2 D. A reference to a repealed section of the RCW has also been removed.3 2 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. Additionally, several offenses related to protective orders were repealed or recodified. 9.B.a Packet Pg. 265 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 3 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Adoption – Section 9.02.045. A new Section 9.02.045 of the Kent City Code, entitled “RCW Chapter 4.24, entitled ‘Special Rights of Action and Special Immunities’ – Adoption by reference,” is adopted as follows: Sec. 9.02.045. RCW Chapter 4.24, entitled “Special Rights of Action and Special Immunities” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 4.24.130 Action for change of name — Fees. SECTION 2. – Amendment – Section 9.02.050. Section 9.02.050 of the Kent City Code, entitled “RCW Title 7, entitled ‘Special Proceedings and Actions’ – Adoption by reference,” is amended as follows: Sec. 9.02.050. RCW Title 7, entitled “Special Proceedings and Actions” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 7.21.010 Definitions. 9.B.a Packet Pg. 266 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 4 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 7.21.020 Sanctions – Who may impose. 7.21.030 Remedial sanctions – Payment for losses. 7.21.040 Punitive sanctions – Fines. 7.21.050 Sanctions – Summary imposition – Procedure. 7.21.070 Appellate review. 7.80.120 Monetary penalties – Restitution. 7.80.150 Notices – Record of – Cancellation prohibited, penalty – Audit. 7.80.160 Failure to exercise notice options – Failure to satisfy penalty. 7.84.060 Response to notice – Contesting determination – Mitigating circumstances – Hearing – Failure to respond or appear – Penalty. 7.84.100 Monetary penalties. 7.84.130 Failure to pay or complete community restitution – Penalty. 7.90.090 Burden of proof – Issuance of protection order – Remedies – Violations. 7.90.110 Ex parte temporary sexual assault protection orders – Issuance. 7.92.120 Ex parte temporary order for protection – Issuance. 7.92.160 Court-initiated stalking no-contact orders. 7.94.010 Purpose – Intent. 7.94.020 Definitions. 7.94.030 Petition for order. 7.94.040 Hearings on petition – Grounds for order issuance. 7.94.050 Ex parte orders. 7.94.060 Service of orders. 7.94.070 Service by publication or mail. 7.94.080 Termination and renewal of orders. 7.94.090 Firearms – Surrender. 7.94.100 Firearms – Return – Disposal. 7.94.110 Reporting of orders. 7.94.120 Penalties. 7.105.450 Enforcement and penalties - Other than antiharassment protection orders and extreme risk protection orders. 7.105.455 Enforcement and penalties – Antiharassment protection orders. 7.105.460 Enforcement and penalties – Extreme risk protection orders – False petitions. 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: Sec. 9.02.060. RCW Title 9, entitled “Crimes and Punishments” – Adoption by reference. The following RCW sections, as currently 9.B.a Packet Pg. 267 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 5 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9.01.055 Citizen immunity if aiding officer, scope – When. 9.01.110 Omission, when not punishable. 9.01.130 Sending letter, when complete. 9.02.050 Concealing birth. 9.02.120 Unauthorized abortions – Penalty. 9.02.130 Defenses to prosecution. 9.02.170 Definitions. 9.03.010 Abandoning, discarding refrigeration equipment. 9.03.020 Permitting unused equipment to remain on premises. 9.03.030 Violation of RCW 9.03.010 or 9.03.020. 9.03.040 Keeping or storing equipment for sale. 9.04.010 False advertising. 9.04.040 Advertising cures of lost sexual potency – Evidence. 9.04.050 False, misleading, deceptive advertising. 9.04.070 False, misleading, deceptive advertising – Penalty. 9.04.090 Advertising fuel prices by service stations. 9.08.030 False certificate of registration of animals – False representation as to breed. 9.08.065 Definitions. 9.08.070 Pet animals – Taking, concealing, injuring, killing, etc. – Penalty. 9.08.072 Transferring stolen pet animal to a research institution – Penalty. 9.08.074 Transferring stolen pet animal to a person who has previously sold a stolen pet animal to a research institution – Penalty. 9.08.076 Transferring stolen pet animal to a research institution by a U.S.D.A. licensed dealer – Penalty. 9.08.078 Illegal sale, receipt, or transfer of pet animals – Separate offenses. 9.08.090 Acts against animal facilities. 9.12.010 Barratry. 9.12.020 Buying, demanding, or promising reward by district judge or deputy. 9.16.005 Definitions. 9.16.010 Removing lawful brands. 9.16.020 Imitating lawful brand. 9.16.030 Counterfeit mark – Intellectual property. 9.16.035 Counterfeiting – Penalties. 9.16.041 Counterfeit items – Seizure and forfeiture. 9.B.a Packet Pg. 268 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 6 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9.16.050 When deemed affixed. 9.16.060 Fraudulent registration of trademark. 9.16.070 Form and similitude defined. 9.16.080 Petroleum products improperly labeled or graded - Penalty. 9.16.100 Use of the words “sterling silver,” etc. 9.16.110 Use of words “coin silver,” etc. 9.16.120 Use of the word “sterling” on mounting. 9.16.130 Use of the words “coin silver” on mounting. 9.16.140 Unlawfully marking article made of gold. 9.16.150 “Marked, stamped or branded” defined. 9.18.080 Offender a competent witness. 9.18.120 Suppression of competitive bidding. 9.18.130 Collusion to prevent competitive bidding – Penalty. 9.18.150 Agreements outside state. 9.24.010 Fraud in stock subscription. 9.24.040 Corporation doing business without license. 9.26A.090 Telephone company credit cards – Prohibited acts. 9.26A.100 Definitions. 9.26A.110 Fraud in obtaining telecommunications service – Penalty. 9.26A.120 Fraud in operating coin-box telephone or other receptacle. 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. 9.26A.140 Unauthorized sale or procurement of telephone records – Penalties – Definitions. 9.27.015 Interference, obstruction of any court, building, or residence – Violations. 9.35.005 Definitions. 9.35.010 Improperly obtaining financial information. 9.35.020 Identity theft. 9.35.030 Soliciting undesired mail. 9.38.010 False representation concerning credit. 9.38.015 False statement by deposit account applicant. 9.38.020 False representation concerning title. 9.38.060 Digital signature violations. 9.40.040 Operating engine or boiler without spark arrester. 9.40.100 Tampering with fire alarm or firefighting equipment – False alarm – Penalties. 9.41.010 Terms defined. 9.41.040 Unlawful possession of firearms – Ownership, possession by certain persons – Restoration of right to possess – Penaltiesy. 9.41.050 Carrying firearms. 9.41.060 Exceptions to restrictions on carrying firearms. 9.41.070 Concealed pistol license – Application – Fee – Renewal. 9.41.080 Delivery to ineligible persons. 9.41.090 Dealer deliveries regulated – Hold on delivery – Fees authorized. 9.41.100 Dealer licensing and registration required. 9.B.a Packet Pg. 269 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 7 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9.41.110 Dealer’s licenses, by whom granted, conditions, fees – Employees, fingerprinting and background checks – Wholesale sales excepted – Permits prohibited. 9.41.113 Firearm sales or transfers – Background checks – Requirements – Exceptions. 9.41.115 Penalties – Violations of RCW 9.41.113. 9.41.120 Firearms as loan security. 9.41.140 Alteration of identifying marks – Exceptions. 9.41.171 Alien possession of firearms – Requirements – Penalty. 9.41.173 Alien possession of firearms – Alien firearm license – Political subdivisions may not modify requirements – Penalty for false statement. 9.41.175 Alien possession of firearms – Possession without license – Conditions. 9.41.190 Unlawful firearms – Exceptions. 9.41.220 Unlawful firearms and parts contraband. 9.41.230 Aiming or discharging firearms, dangerous weapons. 9.41.240 Possession of pistol or semiautomatic assault rifle by person from eighteen to twenty-one. 9.41.250 Dangerous weapons – Penalty. 9.41.251 Dangerous weapons – Application of restrictions to law enforcement, firefighting, rescue, and military personnel. 9.41.260 Dangerous exhibitions. 9.41.270 Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions. 9.41.280 Possessing dangerous weapons on school facilities – Penalty – Exceptions. 9.41.282 Possessing dangerous weapons on child care premises — 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 ordinances – Exceptions – Penalty. 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. 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. 9.41.350 Voluntary waiver of firearm rights — Procedure — Penalty — Exemption from public disclosure. 9.41.360 Unsafe storage of a firearm. 9.41.800 Surrender of weapons or licenses – Prohibition on future possession or licensing. 9.B.a Packet Pg. 270 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 8 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9.41.810 Penalty. 9.44.080 Misconduct in signing a petition. 9.45.060 Encumbered, leased, or rented personal property – Construction. 9.45.070 Mock auctions. 9.45.080 Fraudulent removal of property. 9.45.090 Knowingly receiving fraudulent conveyance. 9.45.100 Fraud in assignment for benefit of creditors. 9.45.160 Fraud in liquor warehouse receipts. 9.45.170 Penalty. 9.45.210 Altering sample or certificate of assay. 9.45.220 Making false sample or assay of ore. 9.45.260 Fire protection sprinkler system contractors – Wrongful acts. 9.45.270 Fraudulent filing of vehicle report of sale. 9.46.0201 “Amusement game.” 9.46.0205 “Bingo.” 9.46.0209 “Bona fide charitable or nonprofit organization.” 9.46.0213 “Bookmaking.” 9.46.0217 “Commercial stimulant.” 9.46.0221 “Commission.” 9.46.0225 “Contest of chance.” 9.46.0229 “Fishing derby.” 9.46.0233 “Fund-raising event.” 9.46.0237 “Gambling.” 9.46.0241 “Gambling device.” 9.46.0245 “Gambling information.” 9.46.0249 “Gambling premises.” 9.46.0253 “Gambling record.” 9.46.0257 “Lottery.” 9.46.0261 “Member,” “bona fide member.” 9.46.0265 “Player.” 9.46.0269 “Professional gambling.” 9.46.0273 “Punchboards,” “pull-tabs.” 9.46.0277 “Raffle.” 9.46.0282 “Social card game.” 9.46.0285 “Thing of value.” 9.46.0289 “Whoever,” “person.” 9.46.170 False or misleading entries or statements, refusal to produce records. 9.46.185 Causing person to violate rule or regulation. 9.46.190 Violations relating to fraud, or deceit, altering or misrepresenting, betting, or gambling - Penalty. 9.46.195 Obstruction of public servant – Penalty. 9.46.196 Cheating – Defined. 9.46.1961 Cheating in the first degree. 9.46.1962 Cheating in the second degree. 9.B.a Packet Pg. 271 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 9 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9.46.198 Working in gambling activity without license as violation – Penalty. 9.46.215 Ownership or interest in gambling device – Penalty – Exceptions. 9.46.217 Gambling records – Penalty – Exceptions. 9.46.221 Professional gambling in the second degree. 9.46.222 Professional gambling in the third degree. 9.46.228 Gambling activities by persons under age eighteen prohibited – Penalties – Jurisdiction – In-house controlled purchase programs authorized. 9.46.240 Gambling information, transmitting or receiving. 9.47.080 Bucket shop defined. 9.47.090 Maintaining bucket shop – Penalty. 9.47.100 Written statement to be furnished – Presumption. 9.47A.010 Definition. 9.47A.020 Unlawful inhalation – Exception. 9.47A.030 Possession of certain substances prohibited, when. 9.47A.040 Sale of certain substances prohibited, when. 9.47A.050 Penalty. 9.51.010 Misconduct of officer drawing jury. 9.51.020 Soliciting jury duty. 9.51.030 Misconduct of officer in charge of jury. 9.51.040 Grand juror acting after challenge allowed. 9.51.050 Disclosing transaction of grand jury. 9.51.060 Disclosure of deposition returned by grand jury. 9.55.020 Witness refusing to attend legislature or committee or to testify. 9.61.190 Carrier or racing pigeons – Injury to. 9.61.200 Carrier or racing pigeons – Removal or alteration of identification. 9.61.230 Telephone harassment. 9.61.240 Telephone harassment – Permitting telephone to be used. 9.61.250 Telephone harassment – Offense, where deemed committed. 9.61.260 Cyberstalking. 9.62.010 Malicious prosecution. 9.62.020 Instituting suit in name of another. 9.66.010 Public nuisance. 9.66.020 Unequal damage. 9.66.030 Maintaining or permitting nuisance. 9.66.040 Abatement of nuisance. 9.66.050 Deposit of unwholesome substance. 9.68.015 Obscene literature, shows, etc. – Exemptions. 9.68.030 Indecent articles, etc. 9.68.050 “Erotic material” – Definitions. 9.68.060 “Erotic material” – Determination by court – Labeling – Penalties. 9.68.070 Prosecution for violation of RCW 9.68.060 – Defense. 9.B.a Packet Pg. 272 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 10 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9.68.080 Unlawful acts. 9.68.100 Exceptions to RCW 9.68.050 through 9.68.120. 9.68.110 Motion picture operator or projectionist exempt, when. 9.68.130 “Sexually explicit material” – Defined – Unlawful display. 9.68.140 Promoting pornography – Class C felony – Penalties. 9.68A.011 Definitions. 9.68A.050 Dealing in depictions of minor engaged in sexually explicit conduct. 9.68A.060 Sending, bringing into state depictions of minor engaged in sexually explicit conduct. 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct. 9.68A.075 Viewing depictions of a minor engaged in sexually explicit conduct. 9.68A.080 Reporting of depictions of a minor engaged in sexually explicit conduct – Civil immunity. 9.68A.090 Communication with minor for immoral purposes – Penalties. 9.68A.102 Promoting travel for commercial sexual abuse of a minor – Penalty – Consent of minor does not constitute defense. 9.68A.103 Permitting commercial sexual abuse of a minor – Penalty – Consent of minor does not constitute defense. 9.68A.110 Certain defenses barred, permitted. 9.68A.120 Seizure and forfeiture of property. 9.68A.150 Allowing minor on premises of live erotic performance – Definitions – Penalty. 9.69.100 Duty of witness of offense against child or any violent offense – Penalty. 9.72.090 Committal of witness – Detention of documents. 9.73.010 Divulging telegram. 9.73.020 Opening sealed letter. 9.73.030 Intercepting, recording or divulging private communication – Consent required – Exceptions. 9.73.050 Admissibility of intercepted communication in evidence. 9.73.070 Persons and activities excepted from chapter. 9.73.080 Penalties. 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility. 9.73.100 Recordings available to defense counsel. 9.73.110 Intercepting, recording, or disclosing private communications – Not unlawful for building owner – Conditions. 9.73.230 Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor – Conditions – Written reports required – Judicial review – Notice – Admissibility – Penalties. 9.73.260 Pen registers, trap and trace devices, cell site simulator devices. 9.B.a Packet Pg. 273 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 11 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9.81.010 Definitions. 9.81.030 Membership in subversive organization is felony – Penalty. 9.81.110 Misstatements are punishable as perjury – Penalty. 9.86.010 “Flag,” etc., defined. 9.86.020 Improper use of flag prohibited. 9.86.030 Desecration of flag. 9.91.010 Denial of civil rights – Terms defined. 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. 9.91.060 Leaving children unattended in a parked automobile. 9.91.130 Disposal of trash in charity donation receptacle. 9.91.140 Food stamps – Unlawful sale. 9.91.142 Food stamps – Trafficking. 9.91.144 Food stamps – Unlawful redemption. 9.91.150 Tree spiking. 9.91.160 Personal protection spray devices. 9.91.170 Interfering with dog guide or service animal. 9.91.175 Interfering with search and rescue dog. 9.91.180 Violent video or computer games. 9.92.020 Punishment of gross misdemeanor when not fixed by statute. 9.92.030 Punishment of misdemeanor when not fixed by statute. 9.92.040 Punishment for contempt. 9.92.080 Sentence on two or more convictions or counts. 9.94.041 Narcotic drugs, controlled substances, alcohol, marijuana, other intoxicant, cell phone, or other form of electronic telecommunications device — Possession, etc., by prisoners — Penalty. 9.96.060 Vacating records of conviction for misdemeanor and gross misdemeanor offenses. Misdemeanor or gross misdemeanor offenses, persons convicted of prostitution who committed the offense as a result of being a victim of trafficking, promoting prostitution in the first degree, promoting commercial sexual abuse of a minor, or trafficking in persons, or of violating a certain statute or rule regarding the regulation of fishing— Vacating records—Domestic violence records. SECTION 4. – Amendment – Section 9.02.070. Section 9.02.070 of the Kent City Code, entitled “RCW Title 9A, entitled ‘Washington Criminal Code’ – Adoption by reference,” is amended as follows: Sec. 9.02.070. RCW Title 9A, entitled “Washington Criminal Code” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby 9.B.a Packet Pg. 274 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 12 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9A.04.020 Purposes – Principles of construction. 9A.04.030 State criminal jurisdiction. 9A.04.040 Classes of crimes. 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. 9A.04.080 Limitation of actions. 9A.04.090 Application of general provisions of the code. 9A.04.100 Proof beyond a reasonable doubt. 9A.04.110 Definitions. 9A.08.010 General requirements of culpability. 9A.08.020 Liability for conduct of another – Complicity. 9A.08.030 CorporateEntity and personal liability. 9A.12.010 Insanity. 9A.16.010 Definitions. 9A.16.020 Use of force – When lawful. 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. 9A.16.090 Intoxication. 9A.16.100 Use of force on children – Policy – Actions presumed unreasonable. 9A.16.120 Outdoor music festival, campground – Detention. 9A.20.010 Classification and designation of crimes. 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after. 9A.20.030 Alternative to a fine – Restitution. 9A.28.020 Criminal attempt. 9A.28.030 Criminal solicitation. 9A.28.040 Criminal conspiracy. 9A.36.031 Assault in the third degree. 9A.36.041 Assault in the fourth degree. 9A.36.050 Reckless endangerment. 9A.36.060 Promoting a suicide attempt. 9A.36.070 Coercion. 9A.36.080 Hate crime offenseMalicious harassment – Definition and criminal penalty. 9A.36.100 Custodial assault. 9A.36.140 Assault of a child in the third degree. 9A.36.150 Interfering with the reporting of domestic violence. 9.B.a Packet Pg. 275 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 13 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9A.36.160 Failing to summon assistance. 9A.36.161 Failing to summon assistance – Penalty. 9A.40.010 Definitions. 9A.40.040 Unlawful imprisonment. 9A.40.060 Custodial interference in the first degree. 9A.40.070 Custodial interference in the second degree. 9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted. 9A.40.090 Luring. 9A.40.110 Coercion of involuntary servitude. 9A.40.120 Enforcement of orders restricting contact. 9A.42.010 Definitions. 9A.42.030 Criminal mistreatment in the second degree. 9A.42.035 Criminal mistreatment in the third degree. 9A.42.037 Criminal mistreatment in the fourth degree. 9A.42.040 Withdrawal of life support systems. 9A.42.045 Palliative care. 9A.42.050 Defense of financial inability. 9A.42.070 Abandonment of a dependent person in the second degree – Exception. 9A.42.080 Abandonment of a dependent person in the third degree – Exception. 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. 9A.44.030 Defenses to prosecution under this chapter. 9A.44.060 Rape in the third degree. 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. 9A.44.096 Sexual misconduct with a minor in the second degree. 9A.44.105 Sexually violating human remains. 9A.44.115 Voyeurism. 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 – Procedures – Definition – Penalties. 9A.44.132 Failure to register as sex offender or kidnapping offender – Refusal to provide DNA. 9A.44.150 Testimony of child by closed-circuit television. 9A.44.160 Custodial sexual misconduct in the first degree. 9A.44.170 Custodial sexual misconduct in the second degree. 9A.44.180 Custodial sexual misconduct – Defense. 9A.44.190 Criminal trespass against children – Definitions. 9A.44.193 Criminal trespass against children – Covered entities. 9.B.a Packet Pg. 276 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 14 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9A.44.196 Criminal trespass against children. 9A.44.210 Court initiated issuance of sexual assault no-contact orders— Terms, conditions, requirements, etc. 9A.46.010 Legislative finding. 9A.46.020 Definition – Penalties. 9A.46.030 Place where committed. 9A.46.040 Court-ordered requirements upon person charged with crime – Violation. 9A.46.050 Arraignment – No contact order. 9A.46.060 Crimes included in harassment. 9A.46.070 Enforcement of orders restricting contact. 9A.46.080 Order restricting contact – Violation. 9A.46.085 Stalking no-contact orders – Appearance before magistrate required. 9A.46.090 Nonliability of peace officer. 9A.46.100 “Convicted,” time when. 9A.46.110 Stalking. 9A.46.120 Criminal gang intimidation. 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. 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. 9A.48.110 Defacing a state monument. 9A.49.001 Findings. 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. 9A.50.010 Definitions. 9A.50.020 Interference with health care facility. 9A.50.030 Penalty. 9A.50.060 Informational picketing. 9A.52.010 Definitions. 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. 9A.52.090 Criminal trespass – Defenses. 9A.52.095 Vehicle prowling in the first degree. 9A.52.100 Vehicle prowling in the second degree. 9A.52.105 Removal of unauthorized persons – Declaration – Liability – Rights. 9.B.a Packet Pg. 277 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 15 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9A.52.115 Removal of unauthorized persons – Declaration form – Penalty for false swearing.1 9A.56.010 Definitions. 9A.56.020 Theft – Definition, defense. 9A.56.040 Theft in the second degree. 9A.56.050 Theft in the third degree. 9A.56.060 Unlawful issuance of checks or drafts. 9A.56.063 Making or possessing motor vehicle theft tools. 9A.56.075 Taking motor vehicle without permission in the second degree. 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. 9A.56.160 Possessing stolen property in the second degree – Other than firearm or motor vehicle. 9A.56.170 Possessing property in the third degree. 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. 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. 9A.56.270 Shopping cart theft. 9A.56.280 Credit, debit cards, checks, etc. – Definitions. 9A.56.290 Credit, payment cards – Unlawful factoring of transactions. 9A.56.320 Financial fraud – Unlawful possession, production of instruments of. 9A.56.330 Possession of another’s identification. 9A.56.340 Theft with the intent to resell. 9A.56.350 Organized retail theft. 9A.56.360 Retail theft with special circumstances. 9A.56.370 Mail theft. 9A.56.380 Possession of stolen mail. 9A.56.390 Mail theft – Possession of stolen mail – Commission of other crime. 9A.58.010 Definitions. 9A.58.020 Possessing, or reading or capturing, information contained on another person’s identification document – Exceptions. 9A.60.010 Definitions. 9A.60.020 Forgery. 9A.60.030 Obtaining a signature by deception or duress. 9A.60.040 Criminal impersonation in the first degree. 9A.60.045 Criminal impersonation in the second degree. 9.B.a Packet Pg. 278 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 16 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9A.60.050 False certification. 9A.60.060 Fraudulent creation or revocation of a mental health advance directive. 9A.60.070 False academic credentials – Unlawful issuance or use – Definitions – Penalties. 9A.60.080 Impersonating a census taker. 9A.61.010 Definitions. 9A.61.020 Defrauding a public utility. 9A.61.040 Defrauding a public utility in the second degree. 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. 9A.68.030 Receiving or granting unlawful compensation. 9A.68.040 Trading in public office. 9A.68.050 Trading in special influence. 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 of crime. 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. 9A.72.085 Unsworn statements, certification – Standards for subscribing to an unsworn statement. 9A.72.120 Tampering with a witness. 9A.72.140 Jury tampering. 9A.72.150 Tampering with physical evidence. 9A.76.010 Definitions. 9A.76.023 Disarming a law enforcement or corrections officer. 9A.76.025 Disarming a law enforcement or corrections officer – 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. 9A.76.040 Resisting arrest. 9A.76.050 Rendering criminal assistance – Definition of term. 9A.76.060 Relative defined. 9A.76.070 Rendering criminal assistance in the first degree. 9A.76.080 Rendering criminal assistance in the second degree. 9A.76.090 Rendering criminal assistance in the third degree. 9A.76.100 Compounding. 9A.76.150 Introducing contraband in the second degree. 9A.76.160 Introducing contraband in the third degree. 9.B.a Packet Pg. 279 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 17 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9A.76.170 Bail jumping. 9A.76.175 Making a false or misleading statement to a public servant. 9A.76.177 Amber alert – Making a false or misleading statement to a public servant. 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. 9A.80.010 Official misconduct. 9A.82.010 Definitions. 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. 9A.82.080 Use of proceeds of criminal profiteering – Controlling enterprise or realty – Conspiracy or attempt. 9A.82.100 Remedies and procedures. 9A.82.120 Criminal profiteering lien – Authority, procedures. 9A.82.130 Criminal profiteering lien – Trustee of real property. 9A.82.160 Criminal profiteering lien – Trustee’s failure to comply, evasion of procedures or lien. 9A.82.170 Financial institution records – Inspection and copying – Wrongful disclosure. 9A.84.010 Criminal mischief. 9A.84.020 Failure to disperse. 9A.84.040 False reporting. 9A.86.010 Disclosing intimate images. 9A.88.010 Indecent exposure. 9A.88.030 Prostitution. 9A.88.040 Prosecution for prostitution under RCW 9A.88.030 – Affirmative defense. 9A.88.050 Prostitution – Sex of parties immaterial – No defense. 9A.88.060 Promoting prostitution – Definitions. 9A.88.080 Promoting prostitution in the second degree. 9A.88.085 Promoting travel for prostitution. 9A.88.090 Permitting prostitution. 9A.88.110 Patronizing a prostitute. 9A.88.120 Additional fee assessments. 9A.88.130 Additional requirements. 9A.88.140 Vehicle impoundment – Fees – Fines. 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. 9A.90.060 Electronic data service interference. 9A.90.070 Spoofing. 9A.90.080 Electronic data tampering in the first degree. 9A.90.090 Electronic data tampering in the second degree. 9A.90.100 Electronic data theft. 9.B.a Packet Pg. 280 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 18 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 9A.90.110 Commission of other crime. 9A.90.130 Cyberstalking. 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 Marketing’ – Adoption by reference,” is adopted as follows: Sec. 9.02.095. RCW Title 15, entitled “Agriculture and 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 effect as if set forth herein in full: RCW 15.21.060 Penalties. 15.24.200 Penalties. 15.26.300 Violations — Penalty. 15.28.270 Violations — Penalty. 15.30.250 Penalties for violating chapter. 15.35.300 General penalty — Misdemeanor — Exception. 15.36.473 Failure to comply with chapter or rules — Criminal penalties. 15.37.150 Penalty. 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. 15.58.330 Violation of chapter — Misdemeanor. 15.60.055 Violations — Penalty. 15.61.050 Violations — Penalty. 15.62.220 Violations — Misdemeanor. 15.65.520 Criminal acts and penalties 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. 15.115.310 Penalties — Injunctions — Referring a violation to the county prosecutor - Jurisdiction 15.130.560 Criminal Penalties. 9.B.a Packet Pg. 281 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 19 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions SECTION 6. – Amendment – Section 9.02.110. Section 9.02.110 of the Kent City Code, entitled “Chapter 17.04 RCW, entitled ‘Weed districts’ – Adoption by reference,’ is amended to be entitled “RCW Title 17, entitled “Weed, Rodents, and Pests” – Adoption by reference,” and is amended as follows: Sec. 9.02.110. Chapter 17.04RCW Title 17, entitled “Weed districts” “Weed, Rodents, and Pests” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 17.04.280 Officials of district may enter lands – Penalty for prevention. 17.10.235 Selling product, article, or feed containing noxious weed seeds or toxic weeds — Penalty — Rules — Inspections — Fees. SECTION 7. – Amendment – Section 9.02.150. Section 9.02.150 of the Kent City Code, entitled “RCW Title 26, entitled ‘Domestic Relations’ – Adoption by reference,” is amended as follows: Sec. 9.02.150. RCW Title 26, entitled “Domestic Relations” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 26.04.110 Penalty for failure to deliver certificates. 26.04.240 Penalty for unlawful solemnization – Code 1881. 26.04.250 Penalty for unlawful solemnization – 1909 c 249. 26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity. 26.10.220 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity. 26.20.030 Family abandonment – Penalty – Exception. 9.B.a Packet Pg. 282 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 20 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 26.20.035 Family nonsupport – Penalty – Exception. 26.20.071 Evidence – Spouse or domestic partner as witness. 26.20.080 Proof of wilfulness – Application of penalty provisions. 26.26B.138050 Restraining order – Knowing violation – Penalty – Law enforcement immunity. 26.26.210 Surrogate parenting – Definitions. 26.26.220 Surrogate parenting – Persons excluded from contracting. 26.26.230 Surrogate parenting – Compensation prohibited. 26.26.240 Surrogate parenting – Contract for compensation void. 26.26.250 Surrogate parenting – Provisions violated – Penalty. 26.26A.450355 Confidentiality of genetic testing – Penalty. 2.26A.470 Proceeding to adjudicate parentage—Temporary child support orders, restraining orders, preliminary injunctions, domestic violence protection orders, antiharassment protection orders, and other court orders—Preservation of support debt. 26.28.060 Child labor – Penalty. 26.28.070 Certain types of employment prohibited – Penalty. 26.28.080 Selling or giving tobacco to minor – Belief of representative capacity, no defense – Penalty. 26.28.085 Applying tattoo to a minor – Penalty. 26.33.370 Permanent care and custody of a child – Assumption, relinquishment, or transfer except by court order or statute, when prohibited – Penalty. 26.34.010 Compact enacted – Provisions. 26.34.030 “Appropriate public authorities” defined. 26.34.040 “Appropriate authority of the receiving state” defined. 26.34.070 “Executive head” defined – Compact administrator. 26.34.080 Violations – Penalty. 26.38.110 Prohibited custody transfer. 26.44.015 Limitations of chapter. 26.44.020 Definitions. 26.44.030 Reports – Duty and authority to make – Duty of receiving agency – Duty to notify – Case planning and consultation – Penalty for unauthorized exchange of information – Filing dependency petitions – Investigations – Interviews of children – Records – Risk assessment process. 26.44.040 Reports – Oral, written – Contents. 26.44.060 Immunity from civil or criminal liability – Confidential communications not violated – Actions against state not affected – False report, penalty. 26.44.063 Temporary restraining order or preliminary injunction – Enforcement – Notice of modification or termination of restraining order. 26.44.067 Temporary restraining order or preliminary injunction – Contents – Notice – Noncompliance – Defense – Penalty. 26.44.080 Violation – Penalty. 9.B.a Packet Pg. 283 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 21 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 26.44.150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child – Penalty for violating court order. 26.50.010 Definitions. 26.50.110 Violation of order – Penalties. 26.50.120 Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Costs and attorney’s fee. 26.50.140 Peace officers – Immunity. 26.50.250 Disclosure of information. 26.52.010 Definitions. 26.52.020 Foreign protection orders – Validity. 26.52.050 Peace officer immunity. 26.52.070 Violation of foreign orders – Penalties. SECTION 8. – Amendment – Section 9.02.340. Section 9.02.340 of the Kent City Code, entitled “RCW Title 46, entitled ‘Motor Vehicles’ – Adoption by reference,” is amended as follows: Sec. 9.02.340. RCW Title 46, entitled “Motor Vehicles” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 46.09.495 Failure to title or register an off-road vehicle – Penalty, circumstances when. 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. 46.16A.070 Registration – Cancellation, refusal, etc. – Appeals. 46.19.010 Criteria for natural persons – Application – Identification cards, placards, and license plates. 46.20.091 Application – Penalty for false statement – Driving records from and to other jurisdictions. 46.29.610 Surrender of license – Penalty. 46.29.620 Forged proof – Penalty. 46.35.030 Confidential information – Exceptions – Penalty. 46.52.130 Abstract of driving record – Access – Fee – Violations. 9.B.a Packet Pg. 284 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 22 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 46.55.300 Vehicle immobilization. 46.68.010 Refunds, overpayments, and underpayments – Penalty for false statements. 46.70.021 License required for dealers or manufacturers – Penalties. 46.70.051 Issuance of license – Private party dissemination of vehicle database. 46.70.140 Handling “hot” vehicles – Unreported motor “switches” – Unauthorized use of dealer plates – Penalty. 46.70.170 Penalty for violations. 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. 46.80.020 License required – Penalty. 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. 46.82.390 Penalty. 46.87.290 Refusal, cancellation of credentials application, cab card– Procedures, penalties. 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’ – Adoption by reference,” is amended as follows: 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, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 70.02.330 Obtaining confidential records under false pretenses – Penalty. 70.05.120 Violations – Remedies – Penalties. 70.24.022 Interviews, examination, counseling, or treatment of infected persons or persons believed to be infected – Dissemination of false information – Penalty. 70.24.025 Violations of health order – Penalties. 70.24.027 Intentional transmission of HIV – Penalties. 70.24.080 Penalty. 9.B.a Packet Pg. 285 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 23 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 70.28.033 Treatment, isolation, or examination order of health officer – Violation – Penalty. 70.41.170 Operating or maintaining unlicensed hospital or unapproved tertiary health service – Penalty. 70.42.180 Operating without a license – Injunctions or other remedies – Penalty. 70.54.010 Polluting water supply – Penalty. 70.54.020 Furnishing impure water – Penalty. 70.54.030 Pollution of watershed of city in adjoining state – Penalty. 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. 70.54.090 Attachment of objects to utility poles – Penalty. 70.54.160 Public restrooms – Pay facilities – Penalty. 70.54.350 Electrology and tattooing – Practitioners to comply with rules – Penalty. 70.54.400 Retail restroom access – Customers with medical conditions – Penalty. 70.58.280 Penalty. 70.58A.590 Penalties. 70.62.280 Violations – Penalty. 70.74.010 Definitions. 70.74.022 License required to manufacture, purchase, sell, use, possess, transport, or store explosives – Penalty – Surrender of explosives by unlicensed person – Other relief. 70.74.160 Unlawful access to explosives. 70.74.272 Malicious placement of an imitation device – Penalties. 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. 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. 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 of order – Recision of order – Violation – Penalty – Random inspections. 70.87.180 Violations. 70.90.205 Criminal penalties. 70.94.430 Penalties. 9.B.a Packet Pg. 286 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 24 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions 70.95.240 Unlawful to dump or deposit solid waste without permit – Penalties – Litter cleanup restitution payment. 70.95.515 Fee on the retail sale of new replacement vehicle tires – Failure to collect, pay to department – Penalties. 70.95.560 Waste tires – Violation of RCW 70.95.555 – Penalty. 70.95B.140 Penalties for violations – Injunctions. 70.95D.100 Penalties. 70.95I.040 Oil sellers – Education responsibility – Penalty. 70.95I.060 Disposal of used oil – Penalty. 70.95J.060 Violations – Punishment. 70.97.140 Unlicensed operation – Criminal penalty. 70.99.050 Violations – Penalties – Injunctions – Jurisdiction and venue – Fees and costs. 70.107.070 Rules relating to motor vehicles – Violations – Penalty. 70.108.130 Penalty. 70.108.150 Firearms – Penalty. 70.110.040 Compliance required. 70.111.030 Unsafe cribs – Prohibition – Definition – Penalty. 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. 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. 70.155.050 Sampling prohibited – Penalty. 70.155.080 Purchasing, possessing by persons under eighteen – Civil 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. 70.175.090 Participants authorized to contract – Penalty – Secretary and 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 complaints – Penalties. 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 verification – Penalties – Enforcement – Application of consumer protection act – Rules. 70.345.100 Product tastings – Requirements – Penalty. 9.B.a Packet Pg. 287 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 25 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions SECTION 10. – Adoption – Section 9.02.535. A new Section 9.02.535 of the Kent City Code, entitled “RCW Title 70A, entitled ‘Environmental Health and Safety’ – Adoption by reference,” is adopted as follows: Sec. 9.02.535. RCW Title 70A, entitled “Environmental Health and Safety” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 70A.20.070 Rules relating to motor vehicles — Violations — Penalty. 70A.10.180 Penalty. 70A.15.3150 Penalties. 70A.300.100 Violations — Criminal penalties. 70A.300.110 Violations — Gross misdemeanor. 70A.120.130 Violations — Penalties. 70A.200.060 Littering prohibited — Penalties — Litter cleanup restitution payment. 70A.205.195 Unlawful to dump or deposit solid waste without permit — Penalties — Litter cleanup restitution payment. 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. 70A.224.040 Oil sellers — Education responsibility — Penalty. 70A.224.060 Disposal of used oil — Penalty. 70A.226.070 Violations — Punishment. 70A.300.110 Violations — Gross misdemeanor. 70A.315.070 Criminal penalties. 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. 70A.420.080 Certification required to perform lead-based paint activities — Certificate revocation — Penalties. 70A.425.130 Penalties. 9.B.a Packet Pg. 288 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 26 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions SECTION 11. – Amendment – Section 9.02.605. Section 9.02.605 of the Kent City Code, entitled “RCW Title 82, entitled ‘Excise Tax’ – Adoption by reference,” is amended and retitled as follows: Sec. 9.02.605. RCW Title 82, entitled “Excise Taxes” – Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 82.12.040 Retailers to collect tax — Penalty. 82.14B.042 Payment and collection of taxes—Penalties for violations. 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. 82.86.040 Payment and collection. 82.87.140 Tax criminal penalties. SECTION 12. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 13. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 9.B.a Packet Pg. 289 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) 27 Criminal Code Amendments - 2021 and 2022 State Legislative Sessions SECTION 14. – Effective Date. The City Council finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare. This ordinance, having been adopted by unanimous vote, shall become effective immediately upon passage, and further shall be considered retroactively effective as of the date each state law adopted by reference took effect. The City Clerk is directed to publish a summary of this ordinance at the earliest possible publication date. July 18, 2022 DANA RALPH, MAYOR Date Approved ATTEST: July 18, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted July 22, 2022 Date Published APPROVED AS TO FORM: __________ TAMMY WHITE, ACTING CITY ATTORNEY 9.B.a Packet Pg. 290 Attachment: 2021-2022 Criminal Code Update - Ordinance (3220 : Ordinance Amending Kent City Code Chapter 9.02 - Criminal Code - Adopt) DATE: July 19, 2022 TO: Kent City Council SUBJECT: City Hall Annex Tenant Improvements Bid - Award MOTION: I move to award the Kent City Hall Annex Tenant Improvement Project bid to CFC Construction, LLC in an amount not to exceed $217,998.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This project consists of the following work at the existing site of the City Hall Annex Building: • Selective demolition of interior partition walls and the addition of new walls to add three new offices and a service desk to the existing building. New paint, carpet, and base throughout. • New millwork in the kitchen area with modern finishes. • Re-purpose the existing bank vault space into a new conference room with the addition of new interior finishes and HVAC components. The bid opening for the City of Kent City Hall Annex Tennant Improvement project was held on June 16, 2022 with one bid received. The lowest responsible and responsive bid was submitted by CFC Construction, LLC in the amount of $198,000, which includes the alternate pricing of $31,000 which does not include Washington State Sales Tax. Applying a sales tax rate of 10.1%, the total “not to exceed” price under the contract is $217,998.00. BUDGET IMPACT: Project funded through the IT Annex Remodel budget. SUPPORTS STRATEGIC PLAN GOAL: 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. 10.A Packet Pg. 291 ATTACHMENTS: 1. FAC22-04 PW Agreement (PDF) 10.A Packet Pg. 292 PUBLIC WORKS AGREEMENT - 1 (Over $20K with Performance Bond) PUBLIC WORKS AGREEMENT between City of Kent and CFC Construction, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and CFC Construction, LLC, organized under the laws of the State of Washington, located and doing business at 20233 SE 192nd St, Renton, WA 98058, 425-433-8547, Chris Cummings, (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: CFC Construction, LLC shall provide all labor and material at the existing site of the City Hall Annex Building for; selective demolition of interior partition walls and the addition of new walls to add three new offices and a service desk to the existing building; new paint, carpet, and base throughout; new millwork in the kitchen area with modern finishes; repurpose the existing bank vault space into a new conference room with the addition of new interior finishes and HVAC components. 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. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 10 calendar days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed within 90 working days. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $217,998.00, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the 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. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. 10.A.a Packet Pg. 293 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) PUBLIC WORKS AGREEMENT - 2 (Over $20K with Performance Bond) 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. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the 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 Employment Security Department, and until settlement of any liens filed under 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 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 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 complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor’s services under this Agreement will be performed. 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 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, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state 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. 10.A.a Packet Pg. 294 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) PUBLIC WORKS AGREEMENT - 3 (Over $20K with Performance Bond) 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. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: 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. B. The Contractor’s failure to complete the work within the time specified in this Agreement. C. The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor’s breach of any portion of this Agreement. 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 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. VI. PREVAILING WAGES. The Contractor shall file a “Statement of Intent to Pay Prevailing 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 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 Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work 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 notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date 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 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 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 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 protest the adjustment as provided in subsections A through E of Section IX, Claims, below. 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 contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. 10.A.a Packet Pg. 295 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) PUBLIC WORKS AGREEMENT - 4 (Over $20K with Performance Bond) 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 delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent 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 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 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. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the 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 extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor, IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 10.A.a Packet Pg. 296 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) PUBLIC WORKS AGREEMENT - 5 (Over $20K with Performance Bond) 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. 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. 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). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall 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 that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a 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. 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, 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. The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 10.A.a Packet Pg. 297 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) PUBLIC WORKS AGREEMENT - 6 (Over $20K with Performance Bond) 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. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor’s liability accruing from that obligation shall be only to the extent of the Contractor's negligence. 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. 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 reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Contractor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or 10.A.a Packet Pg. 298 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) PUBLIC WORKS AGREEMENT - 7 (Over $20K with Performance Bond) certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior 10.A.a Packet Pg. 299 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) PUBLIC WORKS AGREEMENT - 8 (Over $20K with Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: Print Name: Its (title) DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONTRACTOR: Chris Cummings CFC Construction, LLC 20233 SE 192nd St Renton, WA 98058 425-433-8547(telephone) N/A(facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Will Moore City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5081(telephone) (253) 856-6080(facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk 10.A.a Packet Pg. 300 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 10.A.a Packet Pg. 301 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 10.A.a Packet Pg. 302 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 10.A.a Packet Pg. 303 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) BIDDER RESPONSIBILITY CRITERIA - 1 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (6/16/2022), 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 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. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. CFC Construction, LLC By: __________________________________________ Signature of Authorized Official* Printed Name: _________________________________ Title: ________________________________________ Date: ________________________________________ City and State: _________________________________ *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. 10.A.a Packet Pg. 304 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) City of Kent Bid OpeningKENT WrnHrxctoH Project: City Hall Annex Tennant Improvement Project #: FAC 22-04 Date | 6/16/2022 Due/Open : 1 1 :00AM/11 :00AM Location: City Clerk's Office Addenda Issued: 1 Bid Bond / Yes The apparent low bidder is c L Bid Bond AddendaAdd AlternateBase BidBidders $tcFc c0ns'tficnlv, uc 150 000Architect's Estimate Mt\Nfflr\ rn r . " nz- ^. (o *,rJs /L(a'n^q vt-,on*3.r\na-:,^ 10.A.a Packet Pg. 305 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) City Hall Annex Tennant Improvement CITY OF KENT KrNG COUNTY, WASHTNGTON FAC22-O4 3O2 W Gowe, Kent, Washington BIDS ACCEPTED UNTIL June 76i 2Q22 11rOO A.M, BID OPENING June L6t 20.22 11:OO A.M. DELIVER TO crTY oF KENT, CITY HALL 22O 4th Avenue S., Kent, WA 98032-5895 Nathen HarPer Project Coordinator City of Kent Facilities / Parks Recreation & Community Services 4OO West Gowe Street, Kent, WA 98032 KENT WAsHINGTON BIDDER'S NAM ,CF( Csn4n*b^t/-L EXHIBIT A 10.A.a Packet Pg. 306 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) TABLE OF CONTENTS DIVTSTON O - PROCUREMENT AND CONTRACTING REQUIREMENTS Cover Table of Contents Invitation to Bid Information for Bidders Contractor's Qualification Statement Bidder's Checklist Bid Proposal City of Kent Subcontractor List (over $100K) Contractor Compl ia nce Statement Declaration - City of Kent Equal Employment Opportunity Policy Administrative Policy L2 - Minority and Women Contractors City of Kent Equal Employment Opportunity Compliance Statement Statement that Bidder Has Not Been Disqualified Certification of Compliance with Wage Payment Statutes Proposal Signature Page Combined Declaration Form Non-Collusion, Minimum Wage Change Order Request for Information (RFI) Form General Conditions Payment and Performance Bond Exhibit A Public Works Agreement (Sample) Exhibit B Insurance Requirements Exhibit C Sample AIA A201-20L7 Exhibit D Prevailing Wage Rates TECH NICAL SPECIFICATIONS DIVISION 01 . GENERAL REQUIREMENTS 01 IOOO SUMMARY 01 23OO ALTERNATES 01 25OO SUBSTITUTION PROCEDURES 01 3OOO ADMINISTRATIVE REQUIREMENTS 01 4OOO QUALITY REQUIREMENTS 014216 DEFINITIONS 01 5OOO TEMPORARY FACILITIES AND CONTROLS 01 6000 PRODUCT REQUIREMENTS 01 TOOO EXECUTION AND CLOSEOUT REQUIREMENTS 01 78OO CLOSEOUT SUBMITTALS DIV]SION 02. EXISTING CONDITIONS 024100 DEMOLTION DIVISION 03. CONCRETE 03 3OOO CAST-IN-PLACE CONCRETE DIVISION 06 . WOOD, PLASTICS, AND COMPOSITES TABLE OF CONTENTS Kent City HallAnnex Tl 2 1 2 4 1 3 2 3 4 2 2 3 Page 1 512612022 10.A.a Packet Pg. 307 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) 06 2OOO FINISH CARPENTRY 06 41OO ARCHITECTURAL WOOD CASEWORK DIVISION 07. THERMAL AND MOISTURE PROTECTION 07 92OO JOINT SEALANTS DIVISION 08. OPENINGS 08 1416 FLUSH WOOD DOORS 08 71OO DOOR HARDWARE 085659 SERVISE AND TELLER WINDOWS DIVISION 09. FINISHES 09 0561 COMMON WORK RESULTS FOR FLOORING PREPARATION 09 2116 GYPSUM BOARD ASSEMBLIES 09 6500 RESILIENT FLOORING 09 6813 TILE CARPETING 09 9OOO PAINTING AND COATING DIVISION 22 - PLUMBING 22OOO0 PLUMBING(DESIGN-BUILDREQUIREMENTS)224OOO PLUMBING FIXTURES DIVISION 23. HEATING, VENTILATING, AND AIR. coNDrTroNlNG (HVAC) 23 0000 MEcHANICAL (DESIGN-BUILD) DIVISION 26 . ELECTRICAL 260000 ELECTRICAL(DESIGN-BUILDREQUIREMENTS) 26 0001 ELECTRICAL (DESIGN BUILD CRITERIA) 26 51OO INTERIOR LIGHTING 2 3 3 3 6 2 2 3 2 2 4 5 2 3 1 2 3 Page2 5t26t2022Kent City Hall Annex Tl TABLE OF CONTENTS 10.A.a Packet Pg. 308 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) INVITATION TO BID Notice is hereby given that the City of Kent, Washington, will receive sealed bids at the City Clerk's office through June 1612022 up to 11:OO a.m, as shown on the clock on the east wall of the City Clerk's Office on the first floor of City Hall, 220 4th Avenue South, Kent, Washington. All bids must be properly marked and sealed in accordance with this "Invitation to Bid." Bids must be delivered and received at the City Clerk's office by the above-stated time, regardless of delivery method, including U.S. Mail. All bids will be opened and read publicly aloud following at 11:OO a.m. for the City of Kent project named as follows: City Hall Annex Tennant Improvement Project Number: FAC 22'44 The City Clerk will read the bids out loud from the Clerk's office, Individuals can stand in the lobby outside the Clerk's office during th€ bid, The project consists of the following work at the existing site of the City Hall Annex Building. ' Selective demolition of interior partition walls and the addition of new walls to add three new offices and a service desk to the existing building. New paint, carpet, and base throughout. r New millwork in the kitchen area with modern finishes. . Re*purpose the existing bank vault space into a new conference room with the addition of new interior finishes and HVAC components. Should a contract be executed, it is the contractor's responsibility to comply with all COVID-19 workplace health and safety measures established by the state Department of Labor & Industries or otherwise imposed by the Governor, the state Department of Health, or the Local Health Officer of Seattle-King County Public Health, or subsequent modifications to such health and safety measures as those authorities may issue, including providing all needed personal protective equipment, The Engineer's estimated range for this project is approximately ($150,000). Bid documents may be obtained by contacting Kevin Broderick at Broderick Architects, (2OG) 6A2-7525 | kevin{Obroderickarchitects.com. For technical questions, please call Kevin Broderick at Broderick Architects, (2O6) 6A2-7 525 Each bid shall be in accordance with the plans and specifications and other contract documents now on file in City of Kent Parks Facilities. Copies of the plans and Special Provisions may be purchases at a gon-refundable cost of $45.09 for each set. Plans and specifications can also be downloaded at no charge by contacting the Architect or at KentWA.gov/City Hall/bids-procurement. a 10.A.a Packet Pg. 309 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) There will be a walk-through at 1:OO PM. on Thursday, June 9,2022 for General Contractors and Sub-Contrictors, at the City Hall Annex Building' 3O2 West Gowe Street, Kent 98032. Bids must be clearly marked "Bid" with the name of the project on the outside of the envelope, addressed to the Ciiy Clerk, 22A 4th Avenue South, Kent, WA 98032-5895. Only sealed bids will be accepted. No facsimiles or electronic submittals will be considered. Apprentice Utilization Requirements are mandatory for all public works expected to cost one million dollars or more, in which case no less than 15o/o of the labor hours must be performed by apprentices. KCC 6.01,030. A cashier's check, cash or surety bond in the amount of 5o/o of the bid must be included with the bid. The City of Kent reserves the right to reject any and all bids on any or all schedules or alternates or to waive any informalities in ihe bidding and shall determine which bid or bidders is the most responsive, satisfactory and responsible bidder and shall be the sole judge thereof. Note: The award of the contract will not occur until the City of Kent has reviewed all bids for responsiveness and responsibility determinations and the Kent City Council has formally awarded the contract, No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or as a defense to any action based upon the neglect or refusal to execute a contract. Bidders must submit with their initial bid a signed statement as to whether they have previously performed work subject to the President's Executive Order No' 1L246. No bidder may withdraw his/her bid for a period of sixfy (60) days after the day of bid opening' Dated this 11th day of MaY 2022' 0"BY: Kimberley A.moto, City Clerk Published: Daily Journal of Commerce on A5/26 and 06/02 10.A.a Packet Pg. 310 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) 1 INFORMATION FOR BIDDERS Bidders shall be qualified by ability, experience, financing, equipment, and organization to do the work called for in the Contract Documents, The City reserves the right to take whatever action it deems necessary to ascertain the ability of the Bidder to perform the work satisfactorily. This action includes the City's review of the qualification information in the bid documents. The City will use this qualification data in its decision to determine whether the lowest responsive bidder is also responsible and able to perform the contract work. If the City determines that the lowest bidder is not the lowest responsive and responsible bidder, the City reserves its unqualified right to reject that bid and award the contract to the next lowest bidder that the City, in its soled judgment, determines is also responsible and able to perform the contract work (the "lowest responsive and responsible bidder"). All blanks in the proposal forms must be appropriately filled in. Proposal must contain original signature pages. Facsimiles are not acceptable and are considered non-responsive submittals, All bids must be sealed and delivered in accordance with the "Invitation to Bid." Bids must be received at the City of Kent Facilities office by the stated time, regardless of delivery method, including U'S. Mail. The City also reserves the right to include or omit any or all schedules or alternates of the Proposal and will award the contract to the lowest responsive, responsible bidder based on the total bid amount, including schedules or alternates selected by the City. A bidder who wished to claim error after the Bids have been opened and tabulated shall submit a notarized affidavit signed by the Bidder, accompanied by original work sheets used in the preparation of the Bid, requesting relief from the responsibilities of Award. The affidavit shall describe the specific error(s) and certify that the work sheets are the originals used in the preparation of the Bid, The affidavit and the work sheets shall be submitted to the Project Manager no later than 5:00 p,m. on the first business day after Bid opening, orthe claim will not be considered. The Architect will review the certified work sheets to determine validity of the claimed error, and make a recommendation to the City. If the City concurs in the claim of error, the Bidder will be relieved of responsibility, and the Bid Deposit of the Bidder will be returned. Thereafter, at the discretion of the City, all Bids may be rejected or award made to the next lowest responsive/ responsible Bidder. 2 3 4 10.A.a Packet Pg. 311 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) 5 The form of contract that the successful bidder, as the Contractor, will be required to execute, and the forms and the amount of surety bonds that it will be required to furnish at the time of execution of the contract are included in the bid documents and should be carefully examined. The contract and the Surety Bonds will be executed in two (2) original counterparts. Within 1O calendar days after the award date, the successful bidder shall return the signed City prepared contract, insurance certification as required by the contract, and a satisfactory bond as required by law. If the successful bidder fails to provide these documents within the 1O-day period, the City ffidy, at its sole discretion, reduce the time for completion of the contract work by one calendar day for each calendar day after this lo-day period that the successful bidder fails to provide all required documents. Until the City executes a contract, no proposal shall bind the City nor shall any work begin within the project limits or within City-furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the City. No claim for delay shall be granted to the contractor due to his failure to submit the required documents to the City in accordance with this schedule. The "Payment and Performance Bond" shall remain in force for one year following the Kent City Council "Final Acceptance Date" of the project to ensure defects are corrected during the one-year guarantee period in compliance with WSDOT Section 1-05.10 (Guarantees), and the Performance Bond language of the contract. Any decision made by the City regarding the award and execution of the contract or bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington State Law. Such review, if any, shall be timely filed in the Superior Court of King County, located in Kent, Washington The Contractor shall include all costs of doing the work within the bid item prices. In the contract plans, contract provisions, addenda, or any other part of the contract require work that has no bid item price in the proposal form, the entire cost of labor and material required to perform the work shall be incidental and included with the bid item prices in the contract. Refer to the insurance requirements in the project contract, which constitute the Contractor's Insurance requirements for this project, 6 7 8 9 10.A.a Packet Pg. 312 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) CoNTRACTOR'S QUALTFTCATTON STATEM ENT (RCW 39.04.350) THE CITY WILL REVIEW THE CONTRACTOR'S RESPO'VSES TO THIS FORM TO DETERMINE WHETHER THE BIDDING CONTRACTOR IS RESPO'VSTBLE TO PERFORM THE CONTRACT WORK. THIS FORM INCLUDES CRITERIA ESTABLISHED BY STATE LAW THAT MUST BE MET TO BE CONSIDERED A RESPONSTBLE BIDDER AND QUALIFIED TO BE AWARDED THIS PUBLIC WORKS PROJECT AS WELL AS SUPPLEMENTAL CRITERIA ESTABLISHED BY THE CITY THAT ARE APPLICABLE TO THTS PUBLIC WORKS PROJECT. THE BIDDER SHOULD READ AND RESPOND TO THIS FORM CAREFULLY, Indicia of contractor's responsibility inherently involve subjective determinations as to the contractor's ability to perform and complete the contract work responsibly and to the owner city's satisfaction. The city has an obligation and a duty to its citizens and its taxpayers to administer its budgets and complete its projects in a businesslike manner. Accordingly, it has a duty to exercise the type of inquiry and discretion a business would conduct when selecting a contractor who will be responsible to perform the contract work. The city's supplemental criteria are based, in large part, on the qualification statement form used by the American Institute of Architects. The city provides these criteria so as to provide the most objective framework possible within which the city will make its decision regarding the bidder's ability to be responsible to perform the contract work. These criteria, taken together, will form the basis for the city's decision that a bidder is or is not responsible to perform the contract work, Any bidder may make a formal written request to the city to modify the criteria set forth in this qualification statement, but that request may only be made within 48 hours of the date and time that the bidder first obtains the bid documents or three (3) business days prior to the scheduled bid opening date, whichever occurs first. If the city receives a modification request, it will consider any information submitted in the request and will respond before the bid submittal deadline, If the city's evaluation results in changed criteria, the city will issue an addendum establishing the new or modified criteria. If the city determines that, based on the criteria established in this statement, a bidder is not responsible to perform the contract work, the city will provide written notice of its determination that will include the city's reason for its decision. The bidder has 24 hours from the time the city delivers written notice to the bidder that the bidder is not responsible to perform the contract work to appeal the city's determination. No appeals will be received after the expiration of this 24 hour appeal period. The city may deliver this notice by hand delivery, email, facsimile, or regular mail. In the event the city uses regular mail, the delivery will be deemed complete three days after being placed in the U.S. Mail. The bidder's right to appeal is limited to the single remedy of providing the city with additional information to be considered before the city issues a final determination. Bidder acknowledges and understands that, as provided by RCW 39.04.350, no other appeal is allowed and no other remedy 10.A.a Packet Pg. 313 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) of any kind or nature is available to the bidding contractor if the City determines that the bidder is not responsible to perform the contract work, If the bidder fails to request a modification within the time allowed or fails to appeal a determination that the bidder is not responsible within the time allowed, the city will make its determination of bidder responsibility based on the information submitted, COMPLETE AND S'G'V THIS FORM AS PART OF YOUR BID, FAILURE TO PROPERLY COMPLETE THIS FORM MAY ALSO RESULT IN A DETERMINATION THAT YOUR BID IS NO'V.RESPONSIVE AND THEREFORE VOID. THIS DOCUMENT l-lAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading, SUBMITTED BY: NAME: ADDRESS: ck b og% PRINCIPAL OFFICE: ADDRESS: PHONE: FAX: 4 4 6c) STATUTORY REQUIREMENTS - Per state law a bidder must meet the following responsibility criteria 1. Required Responsibility Criteria 1.1 Provide a copy of your Department of Labor and Industries certificate of registration in compliance with chapter 18.27 RCW. 31trl v Provide your current state unified business identifier number. Provide proof of applicable industrial insurance coverage for your employees working in Washington as required in Title 51 RCW, together with an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW. Providing a copy of a state of Washington "Master License Service Registration and Licenses" form is typically sufficient evidence of the requirements of this subsection, ./ L.z {Ls 10.A.a Packet Pg. 314 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) 1 BIDDER RESPONSIBILITY CRITERIA Statement that Bidder Has Not Been Disqualified This statement is required bV sfafe taw (RCW 39.04.35A(1)(f)) to be submitted to the City before the contract can be awarded' The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (December 16, 2O2L), the bidder has not been disqualified from bidding on any public works contract under RCW 39.06.010 or 39'12.065(3). sB ustness ame gna t ure of d Officialx Pri Name Owv'e Title & {Lb zE_ Date hr-rX- City State * If a corporationt proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. 10.A.a Packet Pg. 315 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) I BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date December L6, 2O2L the bidder is not a "willful" violator, as defined in RCW 49.48.A82, of any provision of chapters49.46,49.4B, or 49.52 RCW, as determined by a final and binding 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. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Business me n ure of l9 d Officialx Printed Name e {L r-Q Za2v Date City State x If a corporationt proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. (2",;l-^ 10.A.a Packet Pg. 316 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) L.4 Provide a statement, signed by a person with authority to act and speak for your company, that your company, including any subsidiary companies or affiliated companies under majority ownership or under control by the owners of the bidder's company/ are not and have not been in the past three (3) years, disqualified from bidding on any public works contract under RCW 39.06.010 or 39'12.065 (3). 1.5 Provide a signed statement, signed under penalty of perjury by a person with authority to act and speak for your company, that within the three- year period immediately preceding the bid solicitation date, your company is not a "willful" violator as defined in RCW 49.48'082, of any provisions of chapters 49.46, 49.48, or 49'52 RCW, as determined by a final and binding 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. 1.6 Provide proof that a designated person or persons with your company has either received training from the department of labor and industries or an approved training provider on the requirements related to public works and prevailing wages under chapter 39.04 RCW and 39.12 RCW or provide proof that your company has completed three or more public works projects and have had a valid business license in Washington for three or more years and are exempt from this training requirement, SUPPLEMENTAL CRITERIA - Established by the City to determine bidder responsibility 2 ORGANIZATION 2.L How many years has your organization been in business as a Contractor? 2.2 How many years has your organization been in business under its present business name? 2.2,L Under what other or former names has your organization operated? 2.3 If your organization is a corporation, answer the following: Date of incorporation: State of incorporation : President's name: Vice-president's name(s) : Secretary's name: Treasurer's name: 2.4 If your organization is a partnership, answer the following: 2.3.r 2.3.2 2.3.3 2.3.4 2.3.5 2,3.6 2.4.L 2.4.2 2,4.3 Date of organization: Type of partnership (if applicable): Name(s) of general partner(s): 2,5 If your organization is individually owned, answer the following: 10.A.a Packet Pg. 317 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) Date of organization: Name of owner: 2.6 If the form of your organization is'other than those listed above, describe it and name the principals: 3. LICENSING 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if applicable. 3.2 List jurisdictions in which your organization's partnership or trade name is filed. 4. EXPERIENCE 4.L List the categories of work that your organization normally performs with its own forces. 4.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) 2.5.L 2.5.2 4.2.L 4.2,2 4,2.3 Has your organization ever failed to complete any work awarded to it? Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? 4.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach deta ils. ) 4.4 On a separate sheet, list major construction projects your organization has in progfess, giving the name of project, owner' architect or design engineer, contract amount, percent complete and scheduled completion date. 4.4.L State total worth of work in progress and under contract: 4.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner/ architect or design engineer, contract amount, date of completion and percentage of the cost of the work performed with your own forces. 4.5.L State average annual amount of construction work performed during the past five years: 4.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization' 4.7 On a separate sheet, list your major equipment. 10.A.a Packet Pg. 318 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) 5. REFERENCES 5.1 5.2 5.3 Trade References: Bank References: Surety: 5.3.1 Name of bonding comPany: 5,3.2 Name and address of agent: 6. FINANCING 6.1 Financial Statement. After bid opening, the City may require the following financial information from any of the ihree apparent low bidders. If so required, the selected bidder(s) must respond with this financial information within 24 hours of the city's request for that information. The city's request for this information shall not be construed as an award or as an intent to award the contract. A bidder's failure or refusal to provide this information may result in rejection of that bidder's bid. 6.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, depoSits, materials inventory, and PrePaid exPenses). Net Fixed Assets Other Assets' Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes); other Liabilities (e.9., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 6.L,2 Name and address of firm preparing attached financial statement, and date thereof: 6,1.3 Is the attached financial statement for the identical organization named on Page one? 6.L.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.9., parent- subsidiary). 6.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? 10.A.a Packet Pg. 319 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) 7. SIGNATURE 7.L Dated at this JLdaY of ]s'-ne , Name of Organ6c By: Title:UOW"a- Zoz\ n-zt. being duly sworn, deposes and says that the rein is true and sufficiently complete so as not to ization: la 7.2 information provided be misleading.tl za Lz /e.'Hf..Subscribed and sworn before me this day of a Notary Public: My Commission ExPires: 10.A.a Packet Pg. 320 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) BIDDER'S CHECKLIST The following checklist is a guideline to help the Contractor make sure all forms are complete. The bidder's attention is especially called to the following forms. Failure to execute these forms as required may result in rejection of any bid' Bidder's Package should include the following: Bid Document Cover Sheet filled out with Bidder's Name ......d '/ Order of Contents........... ........'.....6 "'Invitation to Bid .............8 { Information for Bidders "d t Contractor's Qualification Statement .'.......... '--...'....8- '(-- Complete and nota rlzed......;....... ......d 'f Bidder's Checklist d-€ Proposat .-..-.....'{ ,z First line of proposal - filled in .......'.' ........'....8 \'/ Unit prices are correct ...,.'..'A- "/ Subcontractor List (contracts over $IOOK) d I Subcontractors listed proPerlY Signature ...........n '/ Contractor Compliance Statement...... ....'..'...... ....--.'d Date '.......8 Have/have not participated acknowledgment.......,....................'El Signature and address '....'.. ..............,tr Declaration - City of Kent Equal Employment Opportunity Policy Date and signature ....... Administrative Policy All Addenda acknowledged .F a 6 6 a a.daa tr tr d Statement that Bidder Has Not Been Disqualified Certification of Compliance with Wage Payment Statutes .E Proposal Signature Page Date, signature and address ........ Gombined Declaration Form Signature Change Order Form (Example)............. Payment and Performance Bond Contract .trrr.r,r.,,., The following forms are to be executed after the Contract is awarded: A) CONTRACT This agreement is to be executed by the successful bidder. B) PAYMENT AND PERFORMANCE BOND To be executed by the successful bidder and its surety company. The following form is to be executed after the Contract is completed; A) CITY OF KENT EqUAL EMPLOYMENT OPPORTUNIry COMPLIANCE STATEMENT To be executed by the successful bidder AFTER COMPLETION of this contract. 2 2 10.A.a Packet Pg. 321 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) A. w*n-."smoo-,n'"nr \.1 LaUor A tndustries-lhttps://lni.wa.gov) Contractors GFC Construction LLG License Verify the contractor's active regishation / license / certification (depending on trade) and any past violations. 99nn-! ry -c,ti9r 99 aln-cj,sr Active Meets current requirements, Liconse specialties GENERAL License no. cFccocLSSSJO Effective * expiration 0 41 20 120 I 2- 06 l't 6 I 2022 ,B-end Western Surety Co Bond account no. 63242325 $12,000.00 -oyn -e-t 9 I gAq"g"s_pg f-s-g[- Principals CUMMINGS, CHRIS F, PARTNEFYMEMBER GREEN, PATRICIA FAYE, PARTNER/MEMBER (End:0211012020) Doing business as CFC Construction LLC WA UBI No. 603 199 204 Received by L&l 07 t10t2017 B0nd hi$tory lnsv"ren-9-e- Ohio Security lns Co Policy no. 8KS61783915 Received by L&l 0511312022 20233 SE 192nd ST RENTON, WA 98058 206-370-0327 KING County Business type Limited Liability Gompany Effective date 06t15t2017 Expiration dato Until Canceled $1,000,000.00 Effective date 0712812020 Expiraiion date 0712812023 lnsur*nee history 9gving"s- No savings accounts during the previous 6 year period, -lg,yv-:yi!s..?9.?in-9!.-!h9..pgn-q,gr."s-?yin.g:-No lawsuits against the bond or savings accounts during the previous 6 year period, L&l Tax debts Nij tlii iii iiCUts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations No"ii;diGe"Vi66tions during the previous 6 year period. 10.A.a Packet Pg. 322 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) Gertifications & Endorsements OMWBE Certificatlons No aciive tertifiCaliori!- exist for this business. AppIe n!t9-e- -r-R i t"ir s. 8-s-eJt No active Washington registered apprentices exist for this business. Washington allows the use of apprentices registered with Oregon or Montana. Contact the Oregon Bureau of Labor & lndu$irie$ or Monlana Department of Labor & lndrstry to verify if this business has apprentices. Workers'Comp Do you know if the business has employees? lf so, verify the business is up-to-date on workers' comp premiums. This company has multiple workers' comp accounts, L&l Account lD Account is current. ?-Q-s-'"e 9-9:9-1. Doing business as CFC CONSTRUGTION LLC Estimated workers reported Quarter 1 ol Yeat 2022 "0" Workers L&l account contact T2 / DALE RIUTTA (360)9024834 - Email: RlUD235@lni.wa.gov Track this contractor $ Public Works Requirements Verify the contractor is eligible to perform work on public works projects. n-s-sv-ir-ed-r-tglnins:.Ef r-eq!!'ve{-qly.l,.?"q19 Exempt from this requirement. Contractor Strikes Nb-birikirs traVb bben issued against this contractor, Contractors not allowed to bid No deuiririeiiiC tiavii been i6dued against this contractor, Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for, No inspections during the previous 6 year period. 10.A.a Packet Pg. 323 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) STATEMENT OF QUALI FICATIONS CFC Construction LLC submits the following information as proof for CFC Construction LLC having completed three or more public works projects and have had a valid business license in Washington for three or more years: 7. Public Works Projects: e Building Repair - Steel Lake Maintenance o City of Kent Neely Soames House Painting, Roof Washing, Carpentry Repairs o Environmental Education and Research Center at St Edwards State Park . City of Kent - City Hall Courtyard lmprovements r Washington State History Museum o Auburn Airport o Seattle Central Community College o Pierce County Jail o Northwest Center o Bellevue Housing Authority FederalWay, WA Kent, WA Kenmore, WA Kent, WA Tacoma, WA Auburn, WA Seattle, WA Tacoma, WA Seattle, WA Bellevue, WA 2. ORGANIZATION _ CFC ConStruCtiON LLC 2.L How mqny years has your organizotion been in business as o Contractor? L7 years 2.2 How mony yedrs has your organizotion been in business under its present business name? 8 years 2.2.7 lJnder what other or former names has your organization operated? CFC Construction 2.3 lf your orgonizotion is a corporotion, answer the following: 2.3.L Dote of incorporation: NIA 2.4 lf your organization is a partnership, answer the following: 2.4.7 Dqte of orgonization: NIA 2.5 lf your organization is individually owned, dnswer the following: 2.5.1. Date of organizotion: O4l2Ol20L2 2.5.2 Nome of owner: Chris F Cummings 3. LICENSING 3.L List jurisdictions and trode cotegories in which your orgonization is legally qualified to do business, ond indicate license numbers, if opplicable. Washington State, General Contractor, CFCCOCLSSSJO 3.2 List jurisdictions in which your organization's partnership or trade name is filed. Washington State 3.3 L&l Verificotion: See attached CFC L&l Verification 10.A.a Packet Pg. 324 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) 4. EXPERIENCE 4.1 List the categories of work that your organization normolly performs with its own forces. r Administrative o Selective Demolition r Carpentry o General Labor 4.2 Cloims and Suits. (tf the onswer to any of the questions below is yes, please attach details.) 4.2.7 Hos your organizotion ever foiled to complete any work awarded to it? No 4.2.2 Are there any judgments, cloims, orbitration proceedings or suits pending or outstandirtg against your organizotion or its officers? No 4.2.3 Has your organization filed any law suits or requested arbitrotion with regard to construction contracts within the last five years? No 4.3 Within the last five yeors, has any officer or principal of your organizotion ever been on officer or principol of another orgonization when it failed to complete o construction contrdct? (lf the answer is yes, please attach details.)No 4.4 List major construction projects your orgonization hqs in progres;s, giving the nome of proiect, owner, architect or design engineer, contract emount, percent complete and scheduled completion dote. CFC Construction LLC currently has one construction project in progress: 4,4.7 State totol worth of work in.progress qnd under contract: $g6S,OOO.0O 4.4.2 Project Name: County-City Building Courtroom Door Security Enhancement 4.4.3 Owner; Pierce County 4.4.4 Contacf; Ken Hays 4.4. 5 P h o n e N u m be r : 253-798-67 23 4.4.6 Project completion dafe: December 31 ,2O22 4.5 List the mojor projects your orgonization has completed in the past five yeers, giving the nome of project, owner, architect or design engineer, contrdct qmount, date of completion and percentage of the cost of the work performed with your own forces. Environmental Education and Research Center at St Edward State Park o Owner: Washington State Parks and Recreation Commission o Sundberg Kennedy Ly-Au Young Architects o 415-722-5514 o Contact: John Kennedy or Nicole Lew o Contract amount: 5590,328.00 o Date of Completion: March 9t,2022 o 20% of the cost performed with our own forces a 10.A.a Packet Pg. 325 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) a City of Kent - City Hall Courtyard lmprovements o Owner: CitY of Kent o Broderick Architects o Phone:206.682.7525 o Contact: Kevin Broderick o Contract amount: S299,943.00 o Date of comPletionz lan25,2021 o 40% of the cost performed with our own forces Washington State History Museum Auditorium Seating o Owner: Washington State o Schreiber Starling Whitehead Architects o Phone:206.682.8300 o Contact: StePhen o Contract amount: 5275,000.00 .o Date of comPletion: Jan 8, 2020 o 20% ol the cost performed with our own forces Evans Residence o Owner: Tim and Laurie Evans o Nason & Associates o Contact: John Nason o Phone:253.63L.O294 o Contract amount: 5770,000.00 o Date of comPletion: Nov t5,zOLg o 30% of the cost performed with our own forces Saggu Autoshop o Owner/Contact: John & HenrY Saggu o Phone:253,277.1910 o Contract amount: SCSS,OOO.OO o Date of ComPletion: MaY 1,2019 o 5O% of the cost performed with our own forces Firestone Tire Store o Owner: Firestone o Architect o Contract amount: 52,530,000.00 o Date of ComPletion: Dec 10, 2018 o 3O% of the cost performed by our own forces a a a 10.A.a Packet Pg. 326 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) 4.5.L itote averoge annual amount of construction work performed during the past five yeqrs: $1,650,000.00 average annual amount of construction from 2015 to current 4.6 List the construction experience and present commitments of the key individuals of your orgonizotion Chris F Cummings, Owner - 37 years in consiluction trade Darren Hamlin, Project Manager - 36 years in construction trade present commitments: CCB CR Door Security Enhancement, RRFA Station #14 Office Tl 4.7 List your maior equiPment' o 2015 Dodge Ram 5500 PickuP Truck o 2OLO Kubota 3330 Tractor o 2Ot7 Dodge Ram 1500 PickuPTruck o 20LG PJ Dump Trailer 14,000 lbs o 2OL2 Chevrolet 1500 PickuP Truck o 2002 Dodge 2500 Ram Diesel Truck r 2010 Chevrolet 3500 Dump Truck o 2010 PJ Equipment Trailer 14,000 lbs o 2018 Farris Tractor o ZO2LSteel Shipping Container-40 ft o Generac Generator r Steel Scaffolding o Air Scrubbers o Fall Protection Systems 5.7 Trode References: o JohnstonConstruction r GTS Drywall r Ro-Con Equipment SPecialist, lnc . Stoneway Concrete o Cadman r Getchell Electric 5.2 Bonk References: a Bank of America Dated: luneL6,2O22 Signed: CHRIS CUMMINGS Chris Cummings, Owner 10.A.a Packet Pg. 327 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) BID PROPOSAL City Hall Annex Tennant Improvement FAC22-O4 3O2 West Gowe, Kent, WA Proposal of (hereinafter called the "Bidder"), organized and existing under the laws of the State of Washingtgn and.doing business as* an itrrellu i'clv"r,l(@'a partnership", or "an individual") To the OWNER (City of Kent): In compliance with your Invitation to Bid, the Bidder hereby proposes to furnish all labor and materials specified herein necessary for and incidental to the completion of the work in strict accordance with the Contract Documents, within the time setforth herein, and at the lump sum price stated below {not including WSST). A. LUMP SUM BASE BID: Provide all laborand materials required forthe City Hall Annex Tennant Improvement, as shown on the drawings and as specified in the project manual for the lump sum price (which does not include Washington State Sales Taxes (WSST)). Provide an accompanying Schedule of Values broken down by CSI Division. Anelr.,-dnefun6s s**e;fuseA --. Dor I ^i; i#;#ffif " Alternate#1 -Replaceall existing2x4fluorescentlightfixtureswithnew2x4LEDfixturesas specified herein and on the drawings. '76 Dollars $ooo o m B, WITHDRAWAL OF BID: No bidder may withdraw his/her bid for a period of sixty (60) calendar days after the day of bid opening. C. STATE SALES TAX: The undersigned agrees that the above named Lump Sum and Bid Alternate do not include Washington State and local sales taxes (WSST). WSST will be paid to the Contractor with each pay application. D. OVERHEAD AND PROFIT: The undersigned agrees that the above Eids do include overhead, profit, and all other expenses involved, E. COMMENCEMENT OF WORK: The bidder hereby agrees to commence work under this contract within five (5) calendar days after the Notice to Proceed and to fully complete the work within the time established in paragraph C of this proposal . 10.A.a Packet Pg. 328 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) F. BID SECURITY: Bid security is required for this project. A Performance and Payment bond will be required of the successful bidder' G. ADDRESS: Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below' H, SELECTION CRITERIA This bid is being made in accordance with the Owner's procedures and shall be evaluated as follows: l. Responsiveness. The Owner will consider all material submitted by the contractor to determine whether the Contractor's proposal is in compliance with the invitation to bid. 2, Responsibility, The Owner will consider all material submitted by the contractor, and other evidence it may obtain otherwise, to determine whether the contractor is capable of and has a history of successfully completing contracts of this type, The following elements may be given consideration by the Owner in determining whether a contractor is a responsible contractor: a) The ability, capacity and skill of the contractor to perform the contract andlor provide the service required; b) The character, integrity, reputation, judgment, experience and efficiency of the bidder; cj Wf''etnerthe contractor can perform the contract and do so within the time specified; d) the quality of performance by the contractor on previous and similar contracts; e) The previous and existing compliance by the bidder with laws relating to the contract or services; and f) such other information as may be secured having bearing on the decision to award the contracts. When requested by the Owner, contractors shall furnish acceptable evidence of the contractor's ability to perform, such as firm commitments by subcontractors, equipment, supplies and facilities, and the contractor's ability to obtain the necessary personnel. Refusal to provide such information upon request may cause the bid to be rejected. 3. Lowest Bid: The lowest bid K, SIGNATURE: By signing this Bid Proposal, the undersigned bidder agrees to submit all insurance documents, performance bonds, and signed contracts within ten (10) calendar days after City awards the Contract and be bound by al I terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. The Bidder acknowledges the receipt of Addenda to the contract documents as follows: Addendum No. 1 6 /,5 z'L- 2 CpA(o t Zo Bid Date <.':, eLJ- Company Name LLL 10.A.a Packet Pg. 329 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) zozS? 9s-14,z^13* Adclress i WA ubmitted By (Signature) (-hnY G^m,nq9 sunmi'tteo By (Printeo tttard6) 0 rrr*r Title Address 2 4r-s 4s> gsfr Telephone Number u/#',*o o -*r,tI a 8dt<v1eJ*1 ., E-mail address END OF BID PROPOSAL Fax Number 10.A.a Packet Pg. 330 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) CITY OF KENT SUBCONTRACTOR LIST (Contracts over $100,000) List each subcontractor, from any tier of subcontractors, that shall perform subcontract work amounting to more than 10o/o of the total bid contract price, List each bid item to be performed by each designated subcontractor in numerical sequence, If no subcontractors will be performin g LQo/o or more of the work, indicate this by writing "None" and signing this form at the bottom of the page. Failure to submit a fully completed and signed subcontractor list after the time set for bid opening may disqualify your bid. Project Name: City Hall Annex Tennant Improvement Project Number:FAC)?-O4 Subcontractor Name €( Item Numbers \rLerrr rrsrrrver" Dhr'.Y l+rl 2-6 Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Iterh Numbers CONTRACTOR'S SIGNATURE 10.A.a Packet Pg. 331 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) CONTRACTOR COM PLIANCE STATEM ENT (President's Executive Order #tL246) D 6'/ vb Zdzz_ This statement relates to a proposed contract with the City of Kent named City Hall Annex Tennant Improvement Project Number: F AC22'O4 1. I am the undersigned bidder or prospective contractor, I represent that - have,have not, participated in a previous contract or subcontract subject to the President's Executive order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order' ffi Ca-LLC BY NAME OF BIDDER RE/TITLE Z@23 } SA L+ZJ * Adr^aA 4edsg ADDRESS (Note to Bidders: The information required in this Compliance Statement is informational only) 10.A.a Packet Pg. 332 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The city of Kent is committed to conform to Federal and state laws regarding equal opportunity' As such, all contractors, subcontractors and suppliers who perform work with relation to this contract 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 contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives ougined, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the contract' The questions are as follows: l. I have read the attached City of Kent administrative policy number 1.2. z. During the time of this contract, I will not discriminate in employment on the basis of sex, race, Lolor, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this contract, the prime contractor will provide a written statement to all new elmployees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this contract, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above' By signing below , I agree to fulfill the five requirements referenced above. By For: Title:{)ut--r.t--- Date:\l?-e("e -er'e 10.A.a Packet Pg. 333 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) NUMBER: L.2 CITY OF KENT ADMINISTRATIVE POLICY EFFECTIVE DATE: JanuarY 1, 1998 SUBJECT: POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontiactors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to g10,000 or more within any given year, must take the following affirmative steps: 1. provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity emPloYer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract' Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy, 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. MINORITY AND WOMEN CONTRACTORS SUPERSEDES: April 1, 1996 APPROVED BY Jim White, MaYor 10.A.a Packet Pg. 334 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) CITY OF KENT EQUAL EMPLOYM ENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the contract. I, the undersigned, a duly represented agent of GT Ct^4""#,*- L-LZ- Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Citv Hall Annex Tennant Imorovement, that was entered into on the (Date'l , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of KentAdministrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned contract. By For: Title: Date 10.A.a Packet Pg. 335 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) PROPOSAL SIGNATURE PAGE The undersigned bidder hereby proposes and agrees to start construction work on the Contract, if awarded to trim/ner, on or before five (5) calendar days from the date of the Notice to Proceed and agrees to compiete the Contract within (9O) Working days after issuance of the City's Notice to Proceed. The undersigned bidder hereby agrees to submit all insurance documents, performance bonds and signed contracts within ten (10) calendar days after City awards the Contract. The City anticipates issuance of the Notice to Proceed on the day of the preconstruction meeting. No bidder may withdraw his/her bid for a period of sixty (60) calendar days after the day of bid opening, Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. Receipt of Addendum No.'s I , -t -, to the plans and/or specifications is hereby acknowledged. Failure to acknowledge receipt of the addenda may be considered an irregularity in this proposal. By signing this Proposal Signature Page, the undersigned bidder agrees to accept all contract forms and documents included within the bid packet and to be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder' DATE h/tQfuzz-EJ'1-a4h,^LUL N OF BIDDE nature of Authorized Representative Print Name and Title)( "Z-AL33 9tz C K"J &Y d ress 4n4 Q,%asv 10.A.a Packet Pg. 336 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) CITY OF KENT COMBINED DECLARATION FORM : NON-COLLUSTON, MTNTMUM WAGE NON.COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: l. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any cotlusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and to have agreed to the provisions of this declaration' AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief' City Hall Annex Tennant Improvement Project Number: F AC22'O4 NAME OF PROJECT ffi Ltt-L NAME OF BIDDER'S FIRM NATUR AUTHORIZED REPRESE OF BIDDER 10.A.a Packet Pg. 337 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) This change order form is for e-ample nurposes onlv. By submitting a bid. the bidder agrees to be bound by the terms of this change order form for any change orders. CHANGE ORDER NO. [Enter # Lt 2, 3, etc.] NAME OF CONTRACTOR: llnsert Companv Name'l ("Contractor") CONTRACT NAME & PROJECT NO: llnsert Name of Orisinal Contract & Proi #, if applicablel ORIGINAL CONTRACT DATE: llnsert Date Orisinal Contract was Sisnedl This Change Order amends the above-referenced contractl all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: [Insert detailed description of additional materials, services, etc., that are needed which necessitate this change order - Be as detailed as possible. You may also refer to an attached exhibit, but clearly identify the exhibit by title and datel 2. The contract amount and time for performance provisions of Section II 'oTime of Completionrt' and Section III, (6Compensation," are hereby modified as follows: Original Contract Sum, (including applicable alternates and wssT) $ Net Change by Previous Change Orders $ Current Contract Amount (incl. Previous Change Orders) $ Current Change Order $ Applicable WSST Tax on this Chanqe Order $ Revised Contract Sum $ 10.A.a Packet Pg. 338 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) Origina me for Comp ron (insert date) Revised Time for ComPletion under prior Change Orders (insert date) Days Required (+) for this Chanqe Order working days Revised Time for ComPletion (insert date) In accordance with Sections l-04.4 and 1-04.5 of the Kent Special Provisions and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Alsoo pursuant to the above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts ti'at this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected wigr any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Ordero unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTO Rr Rrr.' aiffi Print Name:- I l'c (title) DATE CITY OF KENT: By (signature) Print Name: Will Moore Its Facilities Suo erintendent (titte) DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department 10.A.a Packet Pg. 339 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) BID BOND Conforms with The American lnstitute of Architects, A.l.A. Document No. A-310 KNOW ALL BY I}IESE PRESENTS. Thanve, CFC Construction LLC 20233 SE 192nd St,Renton, WA 98058 as Principal, hereinafter called the Princrpal, and tlre Endurance Assurance Corporation of 4 MANHATTANVILLE ROAD, PURCHASE, NY 10577 , a corporation duly orgarrized uuder the laws of the State of Delaware , as Surely, hereinaller called the Surety. are held and firmly boulrd unto Citv of Kent as Obligee, hereinafter called the Obligee, iu tlte sum of five percent (5%) of the total bid amount Dollars ($) . fol the paytrlent of rvhiclr snrn well ancl truly to be rrtade. the said Princillal ancl the said Surety, trind ourselt'es, our heirs, executors, adrrrinistlatols, successors and assigns,jointly artd set'erally, tirrrrlv by these presents, WIIEREAS, the Principal has submitted a bid fbr City Hall Annex Tenant lmprovement - Project Number FAC 22-04 NOW, THEREF'ORE, if the Obligee shall accept the bid of the Prirrcipal ancl tlre Principal shall errter ittto a Contract with the Obligee in accorclalce with tfte ternrs of such bicl. ancl give such bond or bonds as lllay be specified in the bidding or Contract Docuntents with ggocl ancl sufficient surety for the faithful lterformarrce of such Contract ancl for the plonrpt pavlnent of labor and material furnished in the prosecution thereof, or in the event of the t'ailule of the Principal to enter such Contract ancl give strch bontl or bonds, if the Principal slall pay to tlre Obligee the difference uor to exceed the penalty hereof betrveen the arnount specified in said bid aud strch largelamount for wlrich the Obligee may in good faith colltract r.vith anothel party to pertornr the Work covered tt), said bid, then this obligation shall he null arril void, othervt'ise to retrraitr in full force and effect. Signed and sealed this 16th day of June 2A22 c Construction LLC Witness Title ) End urance Assurance Corporation Tt By (Seal) SEAT 2002 tlfLAvlAlri:. Hupf Attorney-in-Fact s-0054/cE 12t00 xop 10.A.a Packet Pg. 340 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award) SOMPO INTERNATIONAL POWER OF ATTORNEYs,. 't I t'..:: "'f KNOW ALL By THESE PRESENTS, that Endurance Assurance corporation, a Delaware corporation, Endurance American lnsurance company, a Delaware corporation, Lexon lnsurance company, a Texas corporation, and/or Bond safeguard lnsurance Gompany, a south Dakota corporation' each, a "Company" and "oiflctiu"iv, 'sompo lntemational," do hereby constitute anJ Jppoint Regan Hupf, Ifrafhew Benoit, Kyaw Swai, Kathleen Maria Moss as true and lawful Attorney(s)-ln- Fact to mike, exetute, seal, and deliver for, and on its behalf as surely or 6o-surety; bonos and undertakings given for any and all purposes, also to execute and deliver on Jndertaking so made, executed and delivered ihall obligate the Company for any portion of the penal sum thereof in excess of th€ sum of oNE HUNDRED MlLLloN Dollars ($1oo,ooo,ooo.oo). Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same oxtent as if signed by the President of the Company under its corporate s6al attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 1str' day of june, 2019, a copy of which appears below under the heading entitled "Certificate". This power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 1 5th diy of June, 201 9 and said resolution has not since been revoked, amended or repealed: RESOLVED, lhat the signature of an individual named?bove and the seal of the Company may be affixed to any such power of attorney or any cerllficate relating thereto nvGcsimite, ana any srich po*"r oi uttornuy or ceftificate bearing such facsimile signitur6 or seal shall bo valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. lN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate s€al to bo affixed this 1Srh day of June,2019. Lexon lnsurance Company Bond Safeguard ."'.1\ ;ti 8y,..''-'- Richard Endurance American-h;;;;;;;ffi;it : J "it;i,'..ir':".'--'J '-t..: :,1 | i, I By:,rj' '1Rictiard a Counsel i sEAr1 2002 OELA\i'ARE ACKNOWLEDGEMENT duly sworn, did pose and of each eachOn this 15rr'day of of the Companies; before me, personally came executed said instrument on June, 2019, and that he By: My CERTIFICATE l, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1 . That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked am€nded or modified; that the undersigneO nas compiied tho foregoing iopy-thereof 'with the original power of attorney, and that ihe same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 201 I and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behatf of the Company any and all bonds' ,na"rtut ing.'or ontigationsln sJrety oi Co-Jurety with otherJ: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISToPHER D0NELAN' SHARoN L' SIMS' CHRISTOPHER L. SPARRO, MARIANNE L, WILBERT ; and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making, executing, sealing and delivering bonds' undertakings or obligations in surety or co-surely for and on behalf of the Company." Amy 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions lN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate t"t1 161e 10th day of By: AS SO June of the whole thereof. 20n-. HOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC) possiblo iripaci on your surety coverage due to directives issued by OFAC. Please r€ad thls Notice carefully. on the United S-tatel Treasury's website - httos://wvvw.treasutv qov/tesource-center/sanctions/SDN-List' subjecttoOFAC. Whenasuretybondorotherformolsuretycoverageisc.-onsideredtobesuchablockedorfrozencontract,nopaymentsnorpremiumrefundsmaybemadewithout authorization from OFAC. Othet limitations on the premiums and payments may also apply. Any reproductlons are vold. Surety Claims Subm isslon: leIgop taitllAq.mjn!slr tiqn Telephone:61S-SS3-9S00 Mailing Address: Sompo lnternational; 12890 Lebanon Road; MountJullet, TN 37122'2870 SEAL 1 e.'aqorr 10.A.a Packet Pg. 341 Attachment: FAC22-04 PW Agreement (3217 : City Hall Annex Tenant Improvements Bid - Award)