HomeMy WebLinkAboutCity Council Committees - Operations and Public Safety Committee - 03/15/2022 4^* Operations and Public Safety
• Committee
KEN T Tuesday, March 15, 2022
WASH I NGTON 4:00 PM
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 884 8425 9929, Passcode 225583
Chair Bill Boyce
Councilmember Brenda Fincher Councilmember Satwinder Kaur
Councilmember Marli Larimer Councilmember Zandria Michaud
Councilmember Les Thomas Councilmember Toni Troutner
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business YES
A. Approval of Minutes YES
1. Approval of March 1, 2022 YES Chair 05 MIN.
Minutes
B. Payment of Bills - Authorize YES Paula Painter 01 MIN.
C. Towing Ordinance - Adopt YES Tammy White 10 MIN.
D. Direct Contract with Info- YES James Endicott 10 MIN.
Tech Research Group —
Authorize
E. INFO ONLY: Equity NO Uriel Varela 20 MIN.
Strategic Plan
(Communications)
F. INFO ONLY: Utility NO Molly Bartlemay 15 MIN.
Unless otherwise noted, the Operations and Public Safety Committee meets at 4 p.m. on the
first and third Tuesday of each month in Kent City Hall, Council Chambers East, 220 Fourth
Avenue South, Kent, WA 98032.
For additional information please contact Kim Komoto at 253-856-5728, or mail
Kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Operations and Public Safety Committee CC Ops and March 15, 2022
PS Regular Meeting
Accounts- An Update from
Customer Service
5. Adjournment Chair
4.A.1
Pending Approval
Operations and Public Safety
KENT Committee
WA9H... CC Ops and PS Regular Meeting
Minutes
March 1, 2022
Date: March 1, 2022
Time: 4:00 p.m.
Place: Chambers
Members: Bill Boyce, Chair
Brenda Fincher, Councilmember
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Zandria Michaud, Councilmember
Les Thomas, Councilmember c
Toni Troutner Councilmember
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Agenda: a
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1. Call to Order 4:00 p.m. a
Council President Boyce called the meeting to order. o
2. Roll Call N
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Attendee Name Title Status Arrived
Bill Boyce Chair Present
Brenda Fincher Councilmember Present 0
Satwinder Kaur Councilmember Remote
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
Toni Troutner Councilmember Present a
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3. Agenda Approval a
Chief Administrative Officer, Derek Matheson removed item E. Equity a
Strategic Plan Update from the agenda.
1. I move to approve the agenda as amended.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
4. Business
A. Approval of Minutes
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 1 of 3 Packet Pg. 3
4.A.1
Operations and Public Safety Committee CC Ops March 1, 2022
and PS Regular Meeting Kent, Washington
Minutes
................................................................................................................................................................................................................................................................................................-............................................................................................................................................................................................................
i. Approval of Minutes dated February 15, 2022
MOTION: Move to approve the Minutes dated February 15, 2022
SER ULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
B. Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 3/15/2022 7:00 PM g
MOVER: Les Thomas, Councilmember o
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner °
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C. Authorize the Transfer of $285,000 to the Lodging Tax Fund for Q
Estimated Revenue Losses Incurred between 2020 and 2021
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Finance Director, Paula Painter presented details on the request to transfer g
$285,000 to the Lodging Tax Fund for estimated revenue losses incurred
between 2020 and 2021. o
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Council President Boyce explained the Lodging Tax Advisory Committee grant
process.
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MOTION: I move to authorize the transfer of $285,000 to Lodging
Tax Fund to recognize estimated revenue losses incurred between
2020 and 2021.
RESULT: MOTION PASSES [UNANIMOUS] Next: 3/15/2022 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember m
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
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D. INFO ONLY: Fourth Quarter 2021 Investment Report 2
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Cash and Investment Officer, Joe Bartlemay presented the Fourth Quarter
2021 Investment Report.
Bartlemay reviewed the balances for the City's cash, short term (WA State
LGIP) and long term (pfm managed portfolio) funds and explained the
difference between the Market Value and Investment Totals.
The cash and investments by type quarter ending balances for the 4th quarter
2020 and quarters 1-4 for 2021 were reviewed. The cash and investments
monthly ending balances for 2019, 2020 and 2021 were compared.
Bartlemay indicated in June of 2021, the City received one-time funds of
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 3 Packet Pg. 4
4.A.1
Operations and Public Safety Committee CC Ops March 1, 2022
and PS Regular Meeting Kent, Washington
Minutes
................................................................................................................................................................................................................................................................................................ _............................................................................................................................................................................................................
$14.1M of ARPA grant funding. Additionally, the City received $3.6M of
streamline sales tax mitigation for the period of July 1, 2020 - June 30,
2021.
The Quarterly Interest Earnings for the 4t" quarter of 2020 - 2021 for the
general fund and all other funds were reviewed.
The preliminary total cash and investment by fund through December 31,
2021 were reviewed and the pfm asset management portfolio summary and
statistics were reviewed.
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Bartlemay closed by advising the City is in compliance with its portfolio
allocation of sector limits. °
S. Adjournment 4:20 p.m. o
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Council President Boyce adjourned the meeting. a
K�ley K&m oto- a
Committee Secretary g
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Page 3 of 3 Packet Pg. 5
4.B
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
\117KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: March 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills.
SUMMARY:
BUDGET IMPACT:
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OFFICE OF THE CITY ATTORNEY
Pat Fitzpatrick, City Attorney
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5770
DATE: March 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: Towing Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4426, amending Chapter 9.39 of
the Kent City Code entitled "Towing," to make clarifying revisions to the
City's local code provisions.
SUMMARY: Chapter 9.39 of the Kent City Code (KCC), entitled "Towing", is where
Kent's local tow provisions are located, which implement statutory tows authorized
under Chapter 46.55 of the Revised Code of Washington (RCW). The amendments
provided through this ordinance clarify how statutory tows are managed within the
City.
Specifically, this ordinance clarifies that an officer's decision to tow a vehicle is
remedial in nature and not intended to punish the driver or registered owner,
unless the tow also involves a mandatory hold as the law may authorize for some
criminal law violations. Toward this end, the ordinance provides that if an officer
exercises their discretion to have a vehicle towed, the officer will not
contemporaneously issue a ticket for any law violation that relates solely to the
manner in which the vehicle is parked or otherwise located. Tickets may still be
issued for law violations unrelated to how or where the vehicle is located (running a
red light, driving without insurance, etc.).
This ordinance also reorganizes the chapter to make it clear that the right to
request a hearing to challenge the validity of any tow or any assessed costs is
available to all tows that occur within the City. Currently, the hearing provisions are
codified within KCC 9.39.030, which specifically addresses a mandatory impound
period that may apply to tows authorized for some criminal cases involving
suspended drivers and individuals arrested for driving under the influence. This
reorganization contributes to many of the redlines included within the ordinance
and may give the impression that there are several substantive changes made. To
assist with review, I have inserted a number of comments to identify those changes
that were simply organizational in nature, and for those changes that are more
substantive, I've provided explanations as to why the changes are proposed for
your adoption.
Finally, this ordinance makes other housekeeping revisions to clarify that the police
chief's authority to adopt administrative rules includes the authority to contract with
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tow companies who are authorized to conduct statutory tows at the request of law
enforcement, and to require those tow companies to adjust their charges as the
municipal court may order after a hearing.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. DRAFT Towing Ordinance - KCC 9.39 (Ops_PubSfty_Committee-03.15.2022
Presentation) (PDF)
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ORDINANCE NO.
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AN ORDINANCE of the City Council of the o
City of Kent, Washington, amending Chapter 9.39 of },
the Kent City Code, entitled "Towing," to make
clarifying revisions to the City's local code N
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RECITALS o
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A. In the event vehicles are located within public areas where they M
present a hazard to the public who use roadways or other public spaces, 0a�
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block driveway access, or unlawfully occupy parking reserved for the public,
police officers must evaluate and determine if it is necessary to have them E
towed. In making that determination, officers apply the provisions of U
Chapter 46.55 of the Revised Code of Washington ("RCW"), adopted through r
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the Model Traffic Ordinance in Chapter 308-330 of the Washington 3
Administrative Code ("WAC") and Kent City Code ("KCC") section 9.36.010. al
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Those provisions include a right for the vehicle's registered owner, or others
authorized under the law to redeem a towed vehicle', to request a non-jury M
hearing before the Kent Municipal Court to challenge the validity of the tow rn
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or the impound and storage costs imposed by the tow company. See, KCC U
9.36.010, WAC 308-330-406, and RCW 46.55.120.
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Vehicles towed under Ch.46.55 RCW may be redeemed by,among others:the registered owner;the
legal owner;a person authorized in writing by the registered owner;the vehicle's insurer or its L
authorized vendor;and a person who has purchased the vehicle and provides proof of ownership or 0
written authorization and signs a receipt.See RCW 46.55.120(1).
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B. Chapter 9.39 of the KCC, entitled "Towing", is where Kent's Q
local tow provisions are located, including the process for requesting a tow
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hearing in the Kent Municipal Court. Specifically, the provisions currently
codified at KCC 9.39.030 address the period of impoundment that may be
imposed when a driver is arrested for driving while their license is suspended
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or revoked in the first or second degree, or driving under another c
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jurisdiction's license when their license to drive in Washington has been
suspended or revoked. To ensure it is clear that this right to a hearing is o
enjoyed by all individuals whose vehicles are towed, this ordinance amends
Ch. 9.39 of the KCC to create a new standalone section concerning the
appeal rights afforded to all tows and impounds made within the City of a
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Kent. N
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C. This ordinance also amends KCC 9.39.020 to clarify that an M
officer's decision to tow a vehicle is remedial in nature and not intended to
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punish the driver or registered owner, unless the tow also involves a
mandatory hold as the law may authorize for some criminal law violations. E
Instead, the goal served by an officer's decision to tow a vehicle is to U
preserve the public health, safety, and welfare by removing obstructions,
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hazards in public ways and parks, and securing and protecting personal 3
property. As such, amended KCC 9.39.020 provides that if an officer elects al
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to tow a vehicle, the officer shall not additionally issue an infraction for any Q-
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civil violation that may also exist at the time the tow decision is made and M
related solely to the manner in which the vehicle is parked or otherwise rn
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located. The tow remedy is simply to free the public way or space of the U
hazard or obstruction created by unauthorized or abandoned vehicles. Costs
associated with a vehicle's tow and impoundment are not paid to or c
recovered by the City and are simply meant to allow a private tow company
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to recoup its costs of performing a public service. The state legislature has O
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determined that the financial responsibility for these costs presumptively
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rests with the registered owner of the vehicle towed, as opposed to the Q
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public. U
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
SECTION 1. -Amendment-KCC 9.39. Chapter 9.39 of the Kent City o
Code, entitled "Towing," is amended as follows:
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Chapter 9.39 a
Towing
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Sec. 9.39.010. TitFe-ena pPurpose. This chapter shall be known �!
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and cited as the towing ordinance and shall supplement Chapter 46.55 RCW M
which is currently adopted in KCC 9.36.010 (Model Traffic Ordinance). In the
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event that a conflict exists between the provisions of this chapter and
Chapter 46.55 RCW, this chapter shall prevail. Other than impounds E
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authorized under RCW 46.55.113(l) and RCW 46.55.113(2)(e) which U
include a mandatory_period of impoundment, an officer's decision to have a
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vehicle towed and impounded under Ch. 46.55 RCW is remedial in order to 3
preserve the public health, safety, and welfare by removing obstructions and a�
hazards in public ways and spaces, and securing and protecting property, Q-
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both public and private. An impound decision is not punitive in nature. M
Therefore, if a police officer elects to have a vehicle towed and impounded a'
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under Ch. 46.55 RCW, the police officer shall not also issue an infraction for U
any civil violation that relates solely to the manner in which the vehicle is
parked, stopped, or otherwise located. This limitation, however, does not
apply to any criminal charges or to any infractions issued for moving,
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licensing, registration, inspection, or insurance violations. O
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Sec. 9.39.020. Removal by police officer. The law allows a police Q
officer to tow and impound vehicles in a number of circumstances, including
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when a vehicle is located within a public space, the vehicle's removal is
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to preserve public health, safety, and welfare, and
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the police officer has first pursued reasonable alternatives before exercising c
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their discretion to have the vehicle removed and towed
to a place of safety_In addition to those tows and impounds o
generally authorized under the law or the Model Traffic Ordinance adopted f°
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through KCC 9.36.010, a police officer may additionally authorize a vehicle
be towed if it is found whenever a police efficer finds a vehiele standing or a
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parked in violation of RCW 46.61.570. N
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Sec. 9.39.030. Impoundment for of vehicles when driver
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arrested for vmelatmen driving while license suspended or revoked 9
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or operation of motor vehicle under other license while suspended. _
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A. Impoundment of vehicles authorized. v
1. Whenever the driver of a vehicle is arrested for a violation of >;
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driving while license suspended or revoked (RCW 46.20.342) or operation N
of motor vehicle under other license or permit prohibited while license is (L
suspended or revoked (RCW 46.20.345), as these provisions are currently a
enacted or hereafter amended, the vehicle is subject to impoundment at the O
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direction of a law enforcement officer.
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2. It shall be the responsibility of the owner or other person U
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lawfully charged with possession of a vehicle to ensure that any person Y
driving such vehicle has a valid license. It shall not be a defense to c
impoundment or to the payment of any of the costs of impound that the c
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owner or other person lawfully charged with the vehicle was not aware that O
the driver's license was suspended, revoked, or otherwise invalid.
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B. Impoundment periods. Q
1. If a vehicle is impounded because the driver is arrested for a
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violation of RCW 46.20.342(1)(c) (driving while license suspended or c
revoked in the third degree) or 46.20.345, the vehicle shall be redeemable
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immediately pursuant to subsection (B)(6) of this section.
2. If a vehicle is impounded because the driver is arrested for a c
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violation of RCW 46.20.342(1)(a) (driving while license suspended or
revoked in the first degree) or 46.20.342(1)(b) (driving while license 0
suspended or revoked in the second degree) and the Washington
Department of Licensing's records show that the driver has not been
convicted of a violation of RCW 46.20.342(1)(a) or (b) or equivalent local a
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ordinance within the past five (5) years, the vehicle shall be impounded for N
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thirty (30) days. LO
3. If a vehicle is impounded because the driver is arrested for a M
violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of
Licensing's records show that the driver has been convicted one (1) time of
a violation of RCW 46.20.342(1)(a) or (b) or equivalent local ordinance E
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within the past five (5) years, the vehicle shall be impounded for sixty (60) �i
days.
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4. If a vehicle is impounded because the driver is arrested for a a
violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of w�
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Licensing's records show that the driver has been convicted of a violation of O
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RCW 46.20.342(1)(a) or (b) or equivalent local ordinance two (2) or more Cii
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times within the past five (5) years, the vehicle shall be impounded for U
ninety (90) days. Y
5. At the conclusion of the applicable period of impoundment, if
any, the registered owner, a person authorized by the registered owner, or M
one who has purchased the vehicle from the registered owner, who produces 'a
proof of ownership or authorization and signs a receipt therefor, may redeem O
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Commented[TWhitel]:Change made for consistency— an impounded vehicle. A towiftg com an may use any um
sometimes referred to as tow company,tow operator,or towing E
contractor• reasonable means necessary to confirm that the person redeeming the Q
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vehicle is authorized to redeem the vehicle, and neither the City nor the tow U
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company shall be responsible for any loss resulting from a delay during the c
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time in which the toM g compan _eef fa-eto is confirming authorization. 0
6. Prior to redeeming the impounded vehicle, any person
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redeeming a vehicle impounded pursuant to this section shall pay the tow M
company ^ems;—for the costs of impoundment, including removal,
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towing, and storage fees accrued as a result of the impoundment. The
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towing company cont,-acto, shall accept payment as provided in RCW m
46.55.120 and other applicable statutes as currently enacted or hereafter
amended. If the vehicle was impounded pursuant to this section and was a
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being operated by the registered owner when it was impounded, it may not c
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be released to any person until all traffic-related penalties, fines, and LO
forfeitures owed by the registered owner have been satisfied. o
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7. A vehicle impounded pursuant to this section may be ;
inventoried incident to the impound of the vehicle pursuant to the laws of E
the state of Washington and the United States. With the exception of v
personal property seized by a police officer, personal property contained r
within an impounded vehicle shall continue to be the responsibility of its N
owner, or the person driving the vehicle, and shall be dealt with pursuant to a.
the requirements of RCW 46.55.090 and other applicable statutes as now a
enacted or hereafter amended. Property which is attached to the vehicle O
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with electronic wiring, or by bolts, screws, glue, or other adhesive material,
shall be considered a component of, or a part of, the vehicle for purposes of U
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impoundment. Y
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Commented[TWhite3]:Moved to KCC9.39.040 er h^Feaf-t._ -....,..,ded 1 Q
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Commented[TWhite4]:Moved to KCC 9.39.050 Any personseeking to redeem-d vehicle-impounded-pursuant u
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uh.. h:.... rl.11..eetien /o\ of t etien ern the vehicle at the of the plieable v
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eenstotate a waiver of the hearing.
peried. Failure te request a hearing pursuant te this subseetien (G) shall .2
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Commented[TV1lhite5]:MovedtoKCC9.39.050(A) '^rcptFeSO d E}23FFF�g F1IcFSEd� F7�e F �Adf F4 fF � in�rr cr rvrrrr N
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/ (b) be signed N
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the peFsen centesting the ingpeund, and (e) be received by the Kent O
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pal eeui:t within ten (19) days of the date the notice of irnpoundment T
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46.55.120(2)(a), whiehever as later. At the torne ef the filing ef the request a)
fer ' the petitieneF Fnust pay te the eourt a filing fee in
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Commented[TWhite6]:Moved to KCC 9.39.050(B)(1)- �^��he hearing shall be preyided cassfelle s:
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a hearing has been a. The eeurt, within five (5) days after a pFepeF request CO
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the date, torne, and location ef the hearing to the registered and legal owners Q.
ef the vehmEle eF ether item ef peFsenal prepeFty FegisteFed eF titled with th O
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Department ef /the peFsen Fequesting the heaFing if net the ewneF, O�
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impound.b. if the veh'e'e is still ingpeunded at the tiFne the written-
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Fequest as Feceived, the ceurt shall set the heaFing within seven (7) days ef
at the tmFne the written request is received, the COUFt shall set the hearing
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within feFty five (45) days.
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this section may petition the court for an extension to file a request fe such hearing within the tin —ju. ents set forth in subsection (C)(3) e
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geed cause as te the reasen(s) the Fequest feF heaFaigg was net timely filed
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and enly On the event that netice ef the auetien E)f the vehicle has net been
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hereafter amended. Fer the purpeses ef this ,defoned as emrcurnstaRees beyond the eentrel of the person seeking the +,
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heaFing that pFevented such peFsen fFOM filing a timely request feF heaFing.
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sha" be tFeated as the date the hearing request was reeeived. in the event O
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granted,that an extensien is additienal fees Fesulting fFem the storagethe vehade eaused by the delay an the heaFing shall be paid by the persen �
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to be lawful or unlawful.requesting the extensien, regardless ef whetheF the impeund is determined
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time periods required, and ne extensien te file a request has been gFanted, >11
for any charges arising frem the impeund,
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deemed pFeper thFee (3) ealendaF days afteF the date such netice is sent by
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by this seetien, the address of the intended recipment whieh is either listed
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decurnent or correspondence filed with the ceurt by the intended recipient,
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Commented[71Nhite7]:Moved to KCC 9.39.050(B)(4) Hearings Srrar, at the diSffetie1n ef theEourt, be he'd by a
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eenstitutepFmFna faem.. vial......e of the status of the driver's ..testant'.. •E
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vehicle, U
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ev and exangine witnesses present in eeurt.
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Commented[TWhlte9]:Moved to KCC9.39.050(B)(6) hj. The burden of proof is open the bty o establiss' +srr tha -the Q
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Commented[TWhitel0]:Moved to KCC 9.39.050(B)(7) Ig if+h a .+ : fe nd + ha. p +h M
L2 H }p ovrrarrrcrrc�s ro a rraz6�c prop c�crr�E6tl F�Srhrulr�cirtcr
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an E)rdeF Se stating. The eefft'S eFdeF Shall previde that the impounded
thms seetmen have been satmsfmed. The eeuFt shall grant tinge payngents enly
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9 Amend Ch. 9.39 KCC 0
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guarantee of payngent.
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Commented[TWhitell]:Moved to KCC 9.39.050(B)(8) h fo
und be nimproper,-the court shallUC
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paid, the eeuFt shall eFdeF the O
Fefund by the city ef the Eests ef impoundment. if the
to
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/ and a filing fee was paid, the filing fee shall beFeturned te the payer.
t t find that the i ndn
Commented[1 VVhitel2]:Moved to KCC 9.39.050(B)(9) �1^ r4 re event I3 ourrarrreRb"duspT6per
but the R
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removal, tewing, sterage, or administrative fees charged fe
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/ and a filing O
fee was paid, the filing fee shall be Feturned te the payei�.
Commented[TWhitel3]:Moved to KCC 9.39.050(B)(i0) 411. N6deteffi9inatien of facts-n9ade-at a he3Flilg un ei this seeti&r E
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shall have any eellateFal esteppel effect on a subsequent EFinginal O
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Commented[TWhltel4]:Moved to KCC 9.39.050(B)(ll) ri . Tc-rrcanrrg prBEeaures set-ro in this sav£seEtF011-shall apply a
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Commented[TWhitel5]:Moved to KCC9.39.050(A)(4) i� 31. The ceuur , miTS diseretf611�a'q waive the filing fee requiFed by O
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peFSon who us requesting the hearing is indigent as that term is defined
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9-.0 Economic or personal hardship petition—RenTtalears Ffehieie dealeer lender with per-feeted seeur4q, interest Gemmereial er farm transpe
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vehieles— Exeeptien .-4-, The court is authorized to release a vehicle towed
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and impounded pursuant to this section prior to the expiration of any period E
of impoundment provided for under KCC 9.39.030(6). Q
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1. Persons who may file a petition. The following individuals may U
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file a petition seeking early release of a vehicle subject to a mandatory hold c
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under KCC 9.39.030: O
a. Tthe owner of the meter vehicle who was not the driver,
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provided he ewe they state under penalty of perjury that he er she w 1 M
they were unaware the driver was suspended or revoked at the time of
impoundment, or
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b. of--a-A family member or dependent person of the driver m
who is suffering w -ed upe+reconomic or personal hardship 0)
due to the unavailability of the a
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vehicle_,—and after o
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2. Mannerin which petition filed. A petition under this section shall `O
be filed in accordance with the provisions set forth in KCC 9.39.050 for other o
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hearings requested under this chapter. ;
3. Matters considered by the court. In considering a petition filed E
under this section, the court shall consideratieR: U any-prior economic or v
hardship petition that may have been filed; (ii) ef-the threat to public safety >;
that may result from the release of the vehicle, including but net 'i gited to N
without limitation, the driver's criminal history, driving record, license status, (L
and access to the vehicle; and (iii) any other evidence relevant to the a
petitioner's economic or personal hardship petition. If
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autheFmzed he court authorizes a vehicle's release prior to expiration of the
impound hold, the person redeeming the vehicle must satisfy the redemption U
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requirements of KCC Y
9.39.030(B)(5) and (6). c
4. No duty created. The court's decision to release the vehicle c
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pursuant to this subsection shall not create any duty to protect any 0
individual, nor shall it impart any costs, fees, or other financial obligations
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11 Amend Ch. 9.39 KCC 0
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associated with the removal, towing, and/or storage of the vehicle to the E
City, provided the removal, towing, and/or storage were lawful under the Q
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Kent Municipal Code or the Revised Code of Washington. Further, neither U
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the decision to release the vehicle, nor any determination of facts at a c
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hearing under this mien KCC 9.39.050, shall provide a defense in any 0
subsequent criminal prosecution, or have any collateral estoppel effect or
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preclude litigation of those same facts in a subsequent criminal prosecution. M
The release ef a vehicle puFsuant te this subseetien shall be available te an
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ewner er relative er dependent persen ef the driver ene (1) tinge e4y-.
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. -Pursuant—te—rcCv 46.55.120,—crs�red"c--enacted ei=—I?er=ernff�rcr C
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amended, a Fental eaF business n9ay immediately Fedeem a Fental vehicle itm
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3. Pursuant to RGW 46.SS.120 r as new enacted er here
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amended, a motor vehicle dealer or lender with a perfected security interest LO
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r tewing,
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ewner ef the vehicle and may release the vehicle te the ewneF, er designee
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of the I
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owner, Of either is reasonably available, as long as the ownerdFiver was suspended eF Feveked. This Fengedy shall net be available when
designee states undeF penalty ef peFjuFy that he eF she was unawaine the 0
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the owner has reeeived a priE)F Felease under this subsection or RGW
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46.55.120(l)(a)(ii). in the event that the ewneF eF designee cannet be
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Commented[TWhite16]: eentacted ravailable,�
These provisions exist in state law,which is adopted for application
in Kent through the Model Traffic Ordinance adopted under KCC
9.36.010;WAC 308-330;and RCW 46.90.010.
payment of t i L
and storage eests.
It is not necessary for us to restate these provisions in our local code. r O
For that reason,they have been removed.
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effoceFS under the eornrnon law.
6. For the purposes of this section,"faFn9 transport vehicle"means V
a Fneter vehme'e ewned by a farmer and that is being actively used On the
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faFFn/ / wastes, fFeFn
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eF 0
rsuppliesused en the M
/ eFehard, aquatie faFng, er daiFy,
vehiele weight rating ef seven theusand twe hundred fifty eight (7,258
and that has a gress
kilegrarns (sixteen thousand one (16,001) pounds) or
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IE. Sale of veh%Efe. Any vehicle—lr pounded pursuant to this section shall d
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Commented[7Whitel7]:This provision exists in state law, statutes as new ^naette a er hereafter ang,...ded 1 N
which is adopted for application in Kent through the Model Traffic T
Ordinance adopted under KCC 9.36.010;WAC 308-330;and RCW M
46.90.010 C n„fL f., r F T6 L : F I' L l : 1 C
. rtathor q, to enAgree. The ehaef efpelmee, e�Fs6i=-heF designee, and
It is not necessary for us to restate it here r
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Commented[TWhitel8]:Moved to KCC 9.39.070 PFOcedUlFes as n9ay be neeeSSaFy t8 eaFFY aut the direetives ef this seetien. E
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Sec. 9.39.040. Notice of impound. When a vehicle is impounded, $1
Commented[TWhitel9]:Relocated from existing KCC the tow truck operator shall send notice to the legal and registered owners co
9.39.030.C.1.:
(C.Impound hearing.
as required by RCW 46.55.110 and other applicable statutes as now enacted (L
1.When a vehicle is impounded pursuant to this section,the Q.
Or hereafter amended.)
tow truck operator shall send notice to the legal and
registered owners as required by RCW 46.55.110 and other 0
applicable statutes as now enacted or hereafter amended.)
........ JSec. 9.39.050. Hearing to contest impound or charges. �n Cii
Slight revisions to language that have no substantive effect. O�
Commented[TWhite20]:Relocated from existing KCC accordance with RCW 46.55.120, any person seeking to redeem an V
9.39.030(C)(2)—(C)(13) V
impounded vehicle has a right to request a hearing, without a jury, in the 1
Slight revisions to language,many of which have no substantive
effect Kent municipal court to contest the validity of the impound or the amount
Substantive changes highlighted for Council's ease of reference of towing and storage costs.1 f bsent good cause as provided for in KCC M
Commented[TWhite2l]:The reformatting to create a section
specific to the right to a hearing,and the inclusion of this highlighted 9.39.050(B)(3), failure to timely request a hearing pursuant to this section
language,is intended to make it clear that the right to request a Q
hearing applies to all tows and not just those tows under existing shall constitute a waiver of the right to a hearing_
KCC 9.39.030(OWLS and DUI tows/impounds)
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Commented[TWhite22]:Relocated from existing KCC �A. A request for a hearing must: Q
9.39.030(C)(3)
1. Be in writing in a form approved by the administrator of the
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Kent municipal court, c
2. Be signed by the person contesting the impound, -a
3. Be received by the Kent municipal court within ten (10) dam
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of the date the notice of impoundment was mailed or given to such person c
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pursuant to RCW 46.55.110 or 46.55.120(2)(a), whichever is later, and
Commented[TWhite23]:Relocated from existing KCC more than five (5) days before the date of the auctionIj and o
9.39.030(C)(3)and reformatted.Text is the same,except for the ++
highlighted language,which is new. 4. Be accompanied with the required filing fee. At the time of filing
This highlighted language is included in RCW 46.55.120,but appears to have been inadvertently excluded when KCC 9.39 was the request for hearing, the petitioner must pay to the court a filing fee in N
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originally adopted. the amount of thirty-nine dollars ($39). �he court, in its discretion, may ii
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waive this filing fee upon proof by competent evidence that the person who N
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is requesting the hearing is indigent as that term is defined in RCW ,N
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Commented[TWhite24]:Relocated from KCC 10.101.010(3), as currently enacted or later amended. M
9.39.030(C)(13).Text substantively the same.Slight revision to C,
language to fit its inclusion within this same subsection.(previously, j)
this indigency waiver was addressed in a section separate from the r
filing fee) _�B1. The hearing shall be provided as follows:
Commented[TWhite2sR24]:RCW 10.101.010(3): 1. The court, within five (5) days after a proper request for a E
(3)"Indigent"means a person who,at any stage of a court CI
proceeding,is: - hearing has been received, shall set the hearing date and send notice of the V
(a)Receiving one of the following types of public assistance:
Temporary
ncebe benefits,
medica for l
yfservies uncleaged,blind,W74.isabled
9.035, date, time, and location of the hearing to the registered and legal owners of $
assistance benefits,medical care services under RCW 74.09.035,
pregnant women assistance benefits,poverty-related veterans' CO)
benefits,food stamps or food stamp benefits transferred the vehicle or other item of personal property registered or titled with the
electronically,refugee resettlement benefits,medicaid,or i1
supplemental security income;or Department of Licensing,the person requesting the hearing if not the owner,
(b)Involuntarily committed to a public mental health facility;or Q.
(c)Receiving an annual income,after taxes,of one hundred twenty- the tow truck operator, and the person or agency authorizing the impound.five percent or less of the current federally established poverty level; O 0
or 2. If the vehicle is still impounded at the time the written request o)
(d)Unable to pay the anticipated cost of counsel for the matter M
before the court because his or her available funds are insufficient to for a hearing is received, the court shall set the hearing within seven (7)
pay any amount for the retention of counsel. V
Commented[TWhite26]:Relocated from KCC days of receipt of the written request. The hearing, however, may be set Y
9.39.030(C)(4)(a)—(f),and(C)(5)—(C)(12).Only substantive
changes are those high lighted;the remaining text is either verbatim beyond this time period if reasonably necessary to secure the presence of
of existing language or slight non-substantive revisions for d
flow/clarity. witnesses.1 IN the vehicle has been released from impound at the time the
Commented[TWhite27]:This language clarifies that the court M
has the ability to deviate from this hearing timeline ifneeded to written request is received, the court shall set the hearing within forty-five
accommodate a witness's availability. i
(45) days of receipt of the written request. O
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3. Any person seeking a hearing who has failed to request such E
hearing within the time requirements set forth in KCC 9.39.050(A) may Q
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petition the court for an extension to file a request for hearing. Such U
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extension shall be granted only upon the demonstration of good cause as to c
the reason(s) the request for hearing was not timely filed and only in the O
event that notice of the auction of the vehicle has not been published by the r
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tow company pursuant to the requirements of RCW 46.55.110, 46.55.130, M
and other applicable statutes as now enacted or hereafter amended.
a. For the purposes of this section, "good cause" shall be
defined as circumstances beyond the control of the person seeking the d
hearing that prevented such person from filing a timely request for hearing_ L
In the event such extension is granted, the date of granting the extension a
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shall be treated as the date the hearing request was received. In the event c
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that an extension is granted, additional fees resulting from the storage of r
the vehicle caused by the delay in the hearing shall be paid by the person o
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requesting the extension, regardless of whether the impound is determined
to be lawful or unlawful. E
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b. If a person fails to file a request for hearing within the V
time periods required, and no extension to file a request has been granted, $�
the right to a hearing is waived, the impoundment and the associated costs CO
of impoundment are deemed to be proper, and the registered owner is liable
Commented[7'V1lh1te28]:This restates the presumption of
financial responsibility established by the Legislature in RCW for any towing, storage, or other impoundment charges as provided for by Q.
46.55.105(1) O
Ch. 46.55 RCW. ...
Commented[TWhite29]: 01
The computation of time provision in existing KCC c. For the purposes of this section any computation of time M
,
9.39.030(C)(4)(e)referred to the standard set by court rules(CR 6
6(a)). shall be in accordance with RCW 1.12.10401. V
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However,since this hearing is provided by statute(RCW Y
46.55.120),it seems more appropriate that the statutory computation d. Delivery of notices required by this section shall be ,
of time provision apply.(RCW 1.12.040,exclude first,include last, y
unless last day is Sat/Sun/Legal Holiday,then it is also excluded). deemed proper three U calendar days after the date such notice is sent by
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By default,RCW 1.12.040 would apply to interpretation of RCW regular first class mail, or in any other manner reasonably calculated to C
46.55.120.It didn't seem necessary to change this specifically for
Kent,and it's not clear why CR 6(a)was used originally when KCC reach the intended recipient. For the purposes of delivering notices required
9.39 was adopted(CR 6(a),exclude first,include last,unless last day Q
isclusun/Leg Holiday,eSathen iLegH also lidaysded.Iflessthan7days, by this section, the address of the intended recipient which is either listed
exclude intermediate Sat/Sun/Leg Holidays). �
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15 Amend Ch. 9.39 KCC 0
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on a citation issued by a police officer, or which appears on any record E
maintained by or for the Department of Licensing, or which appears on any Q
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document or correspondence filed with the court by the intended recipientF u
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shall be an appropriate and accurate address of the intended recipient. c
4. Hearings shall, at the discretion of the court, be held by a O
judge, commissioner, Judge pro tempore, or magistrate of the Kent r
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municipal court, who shall determine whether the impoundment was proper M
and/or whether the associated removal, towing, storage, and any c
administrative fees were proper. The court may not adjust fees or charges
that are in compliance with the posted or contracted rates; the purpose of d
these fees are to cover tow and impound costs associated with remedial L
Commented[TWhite30]:Restates that tows are exercised for tows authorized under Ch. 46.55 RCW and not to punish the individual N
remedial purposes and not punitive purposes. _--_ __--- _-- - N
5. The court may consider the criminal citation, any civil c
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infraction, the authorization to impound created pursuant to KCC 9.39.060E r
and any other written report made under penalty of perjury submitted by o
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the City of Kent or other impounding agency in lieu of the officer's personal
appearance at the hearing. In evaluating any tow or impound under KCC E
9.39.030, the court may also consider an abstract of driving record and V
electronically printed registration information, without further evidentiary $I
foundation, which collectively with any other records, shall constitute prima CO
facie evidence of the status of the driver's or contestant's license to drive a a
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motor vehicle, the proper period of impoundment, or the ownership of the Q.
impounded motor vehicle. The person requesting a hearing under this O
section may subpoena witnesses, including the officer, and has the right to
present evidence and examine witnesses present in court. U
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6. The burden of proof is upon the City to establish that the tow 1
and impound were proper by a preponderance of the evidence.
7. If the tow and impound are found to be proper, the court shall c
enter an order so stating. For impounds made under KCC 9.39.030, the
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16 Amend Ch. 9.39 KCC 0
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after the applicable impound period has expired and the redemption
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requirements of KCC 9.39.030(B)(5) and (6) have been satisfied. The court Q
a)
shall grant time payments only in cases of extreme financial need, and only
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after a finding of such extreme financial need, and only where there is an c
assured and effective guarantee of payment. Tow companies who contract 0
with the City are required to abide by any orders issued by the Kent
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Commented[TWhite3l]:Clarifies that tow operators are to Municipal Court under Ch. 9.39 KCC.
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abide by any municipal court orders concerning the tow/impound ...
costs due. 8. If the tow and impound decision of the police officer is found to
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be improper, the court shall enter an order so stating and order the
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immediate release of the vehicle. If the tow and impound costs have already
been paid, the court shall order the City to refund the person who previously L
paid those costs. If the tow and impound is determined to be improper, and a
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a filing fee was paid, the City shall also refund the filing fee to the payor. c
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9. In the event the court finds that the tow and impound was LO
proper, but the costs associated with the vehicle's removal, towing, storage, o
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or administrative fees were not in compliance with the posted or contracted
rates, the court shall determine the correct fees to be charged. If the tow E
and impound costs have been overpaid, the court shall order a refund by 0
the tow company of the tow and impound costs that were overpaid. If the r
tow and impound costs are found to have been overpaid, the City shall
reimburse the filing fee to the payor. lid
10. No determination of facts made at a hearing under this section a
shall have any collateral estoppel effect on a subsequent criminal O
prosecution, and such determination shall not preclude litigation of those
same facts in a subsequent criminal prosecution. v
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11. The hearing procedures set forth in this subsection shall apply Y
only to hearings set pursuant to this section.
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Sec. 9.39.060046. Authorization to impound. When an officer
authorizes the impound of a motor vehicle pursuant to this chapter, such
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authorization shall state the basis for the impound; the ordinance or statute
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which authorizes the impound; the date, time, and place of the impound; Q
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and the officer who authorized the impound. Such authorization shall be U
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delivered to the towing company-^e r-within twenty-four (24) hours c
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of the impoundment. The towing company^eor shall deliver the 0
authorization to impound to the registered and legal owners of the vehicle
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with the other required information and within the time period required by M
RCW 46.55.110.
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Commented[TWhite32]:Relocated from xcc939.o3o(F) Lsecl. 9.39.070. Authority to enforce. The chief of police, or their
and added language to clarify this authority includes contract 1
authority to retain tow companies. designee, and the court are hereby authorized to implement such vi
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administrative procedures as may be necessary to carry out the provisions a
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respond to calls for service. LO
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SECTION 2. - Severability. If any one or more section, subsection, 0a�
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or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validityof the remaining E
g portion of this ordinance E
and the same shall remain in full force and effect. U
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon N
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approval of the City Attorney, the City Clerk and the Code Reviser are a�
authorized to make necessary corrections to this ordinance, including the a
correction of clerical errors; ordinance, section, or subsection numbering; or
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references to other local, state, or federal laws, codes, rules, or regulations. Ci
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18 Amend Ch. 9.39 KCC 0
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SECTION 4. - Effective Date. This ordinance shall take effect and be Q
in force 30 days from and after its passage as provided by law.
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DANA RALPH, MAYOR Date Approved
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ATTEST:
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted N
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Date Published N
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APPROVED AS TO FORM:
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ARTHUR"PAT" FITZPATRICK, CITY ATTORNEY E
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4.D
INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
KENT Kent, WA 98032-5895
WAS"'N G T O N 253-856-4600
DATE: March 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: Direct Contract with Info-Tech Research Group — Authorize
MOTION: I move to authorize the Mayor to sign a contract with Info-Tech
Research Group, Inc. for an initial 3-year term and options to renew for
three additional 1-year terms to purchase a membership at a total contract
cost not to exceed $265,000.00, subject to final contract terms acceptable
to the IT Director and the City Attorney.
SUMMARY: Info-Tech Research Group is a leading information technology research
and advisory group. Membership to Info-Tech Research Group gives us access to
unbiased and highly relevant research which will assist IT leaders in making
strategic, timely, and well-informed decisions. Info-Tech Research Group partners
closely with IT teams to provide actionable tools to analyze guidance, to ensure
measurable results for our organization.
BUDGET IMPACT:
Pre-Tax Tax Total
2022 - Year 1 - Budget Approved $39,359 $2,572 $41,931
2023 - Year 2 - To be requested $39,359 $2,572 $41,931
2024 - Year 3 - To be requested $39,359 $2,572 $41,931
2026 Optional year - To be requested $43,334 $2,831 $46,165
2027 Optional year - To be requested $43,334 $2,831 $46,165
2028 Optional year - To be requested $43,334 $2,831 $46,165
$248,079 $16,208 $264,287
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 2022-2025_InfoTech-3-yr Renewal_OPSC Bundle (PDF)
Packet Pg. 28
4.D.a
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Service Proposal
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City of Kent
Service Proposal 3
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Sid Gupta N
Director, Member Services
sgupta@infotech.com E
1-888-670-8889 ext.3150 U
February 14, 2022 Q
Page 1 of 4 Packet Pg. 30
4.D.a
Hi James, Info-Tech Research Group
On behalf of our entire team at Info-Tech Research Group, I am pleased to 3960 Howard Hughes Parkway c
present this proposal for IT Research and Advisory services to you and your Suite 500, Las Vegas, NV, USA
IT department at City of Kent. 89169 3
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Info-Tech's IT Research and Advisory membership provides you with access infotech.com
to our powerful diagnostic tools and key research to help you systematically ci
improve your IT department's performance.
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To help you maximize the impact of your membership, we also provide an LO
unmatched level of member service. o
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1 welcome the opportunity to work with you and your IT executives at
City of Kent. Should you have questions at any time, please contact me m'
directly at your convenience.
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Sincerely, °�
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Sid Gupta M
Director, Member Services
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sgupta@infotech.com 0
1-888-670-8889 ext.3150 c
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4.D.a
SERVICE AGREEMENT WITH INFO-TECH RESEARCH GROUP
Service Start Date: March 24, 2022 11 Contract Length: 3-year
Contact: James Endicott
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City of Kent
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Product Description Quantity Subtotal Total U
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Leadership Membership Leadership Membership: Unlimited analyst calls,full diagnostic access, contract reviews, 1.00 $25,460.96 $25,460.96
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assigned executive advisor, 1 software selection engagement per year cU
Reference Membership Access to core research content-project blueprints, Info-Tech Academy, software selection 4.00 $0.00 $0.00 i
content, tools and templates library p
Online Workshop Workshop Delivered Online 1.00 $13,898.24 $13,898.24 ti
Membership �o
Total: $39,359.; m
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All items stated on this document are in USD and is subject to applicable tax o'p
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4.D.a
Federal Supply Service Authorized Federal Supply Schedule Price List(GSA)- GS-35F-298GA
Payment Terms: Prompt payment terms 0%, Net 30 days
Unless otherwise stated, consulting and workshop engagements do not include travel and expenses, which will be charged in addition to the fees listed. Workshops
purchased as part of membership expire without refund or credit at the end of the membership period covered by the purchase. Workshops purchased outside
membership expire without refund or credit 1-year after purchase. Please work with your member services representative to select and schedule workshops prior to c
expiration.
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Subject to applicable taxes. If your company is tax exempt, please provide a valid tax exemption certificate with the signed proposal. The Service Agreement is governe( 3
by the Agreement for Software as a Service between the City of Kent and Info-Tech Research Group Inc., executed in February 2022. U
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Unless agreed to in writing, any customer terms, including purchase order terms and conditions, are of no force or effect. By signing this Service Agreement, you agree o
pay the fees set out herein annually for the term indicated. v
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This proposal has a definite expiry date of February 25, 2022.
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Please return this signed Service Agreement to Info-Tech by DocuSign, email sgupta@infotech.com or fax (1-519-432-2506). Please include PO if
required. Thank you for your business! 2
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The signature below affirms your commitment to pay for the services ordered in accordance with the terms of this service agreement and in accordance with the m
Terms of Use. U
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If you are tax exempt, please provide tax exemption certificate. 3
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4.D.a
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OPSC Exhibit B
Draft Agreement for SaaS
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DocuSign Envelope ID:9C7AB969-017D-4BD8-88F9-DA8795A26379
4.D.a
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40\17KENT _
W.sHiwaTaN
AGREEMENT FOR SOFTWARE AS A SERVICE
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Between the City of Kent and Info-Tech Research Group Inc. 0
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This Software as a Service (Saas) Agreement (Agreement) is between the CITY OF KENT (City or a
Customer), a Washington Municipal Corporation located at 220 Fourth Avenue South, Kent, WA Q.
98032 and Info-Tech Research Group Inc. (Vendor), organized under the laws of the State of c
Delaware with its principal place of business at 3960 Howard Hughes Parkway, Suite 500, Las Vegas, t�
NV 89169, effective on the last date signed below. This Agreement is to obtain access to Vendor's
products and services, on an as-needed basis, all of which will continue to be supported and c
maintained by Vendor under the terms of this Agreement.
I. Description of Work and Services Provided by Vendor.
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1.1 Products and Services Provided. Vendor shall provide the City with those Vendor ,o
products, software licenses, and maintenance services that the City determines are necessary for 9
City operations. Upon the City's request, Vendor will provide the City with a proposal that describes
the software, support, and/or maintenance services desired by the City, along with their total cost 3
inclusive of Washington State sales tax. In providing its pricing proposal, Vendor agrees it will U
provide the City with the most advantageous pricing available under any contract Vendor has
entered into, whether that pricing is provided for under any GSA contract with the federal 0
government, any cooperative purchasing contract entered into with another public agency, or any
other contract Vendor has entered into for the same products and services provided to the City
under this Agreement. If the City accepts the pricing provided for in Vendor's proposal, Vendor o
shall provide those products and services under the terms provided for in this Agreement. Upon L;
acceptance of the proposal by the City, such proposal shall form an addendum to this Agreement c
and shall be subject to its terms and conditions. However, the proposal shall provide only for the
stated product(s) and services and their associated cost; no additional purchase terms or contract m
provisions included on any Vendor proposal shall be given effect or shall otherwise alter the c
provisions of this Agreement or apply to the City's purchase. m
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1.2 Grant of License to Access and Use Products and Services. For the term of this a-
Agreement including any renewals, Vendor hereby grants to City, including to all its Authorized 0I
Users, a revocable, non-exclusive, non-sublicensable, non-assignable, royalty-free, and worldwide 3
license to access and use the products and services Vendor makes available to the City through
this Agreement, which may include products and services accessible for use by the City on a
subscription basis, Vendor professional services, content from any professional services, or other L
required equipment components or other required hardware (the "Services") for City's non- M
commercial government operations. The Services shall include those products and services
specified within Exhibit A, as well as any additional or future products and services that are added
during the term of this Agreement under the process provided for in Section 1.1 of the Agreement. ,o
The City shall refrain from taking any steps such as reverse assembly or reverse compilation, to 5
derive a source code equivalent to the Services as further described in Section 9.3. In
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1.3 Privacy Policy. In providing the Services under this Agreement, the City agrees to N
Vendor's privacy policy attached and incorporated as Exhibit F. N
2. Term. The initial term of this Agreement shall be three (3) year(s), commencing on March
24111, 2022 and expiring on March 23, 2025 (Initial Term), with the option for the City to renew E
annually thereafter for up to three (3) additional one (1) year terms (each a Renewal Term) for a U
maximum contract term through March 23, 2028. This Agreement shall automatically renew for a Q
AGREEMENT FOR SOFTWARE AS A SERVICE
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4.D.a
Renewal Term unless City gives written notice of cancellation at least 30 days prior to the expiration
of the Initial Term or any Renewal Term.
Any reference in this Agreement to "days" shall mean "calendar days" unless a different N
meaning is expressly stated. L
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3. Subscription Fees/Taxes. '
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3.1 Subscription Fees. Subscription fees and payment terms for the Services ordered at
the time this Agreement was originally signed are as set forth in the attached and incorporated
Exhibit A and, for any additional Services provided by Vendor on an as-needed basis as set forth
in Section 1.1 of the Agreement, the City agrees to pay any invoice issued by the Vendor that is L
consistent with a previously approved Vendor proposal, and upon the City's receipt and acceptance
of such items as conforming to the terms of this Agreement. For any software license or maintenance
fees due for those Services, the Vendor shall invoice the City for those fees at least 30 days before
the commencement of the term applicable to those license and maintenance fees.
3.2 Undisputed Fees. Undisputed invoices shall be due and payable within 30 days 12
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following the City's receipt of an accurate invoice and acceptance of the product as conforming, .9
whichever event occurs last. City shall notify Vendor in writing of any disputed amount within 15 3
business days of receipt of the applicable invoice. Portions of invoices that are subject to a good faith
billing dispute shall not be considered delinquent for purposes of this Agreement. Disputed billings cLa
are subject to Section 16.2, Dispute Resolution. o
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3.3. Taxes. All contract amounts shall be inclusive of sales or other applicable taxes, and
invoices shall include all tax obligations stated separately from the contract amounts. City shall pay
all applicable sales, use, value added or similar taxes to Vendor and Vendor shall remit all such taxes, o
if imposed by local and/or state authorities on all software, and other taxable goods and services LO
procured by the City under this Agreement. M
3.4 Card Payment Program. The Vendor 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 Vendor. If the Vendor m
voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed Cn
by financial institutions or credit card companies. The Vendor shall not charge those fees back to the a-
City.
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4. Reserved. RESERVED
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5. Representation and Warranties. L,
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5.1 Mutual Representations and Warranties. Each Party represents and warrants to the other
Party that (a) such Party has the required power and authority to enter into this Agreement and to CD
perform its obligations hereunder, and shall have obtained and continue to maintain all licenses, c
permits, and certifications required for such Party in connection with the performance of this —I
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Agreement; (b) the execution of this Agreement and performance of its obligations hereunder do not cm
and will not violate any other agreement to which it is a party; and (c) this Agreement constitutes a N
legal, valid, and binding obligation when signed by both Parties. N
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5.2 Vendor Warranties and Representations. Vendor represents and warrants that the
Services will be performed in a professional and workmanlike manner, consistent with applicable E
industry standards and the corresponding specifications set forth in the applicable Statement of Work
and Service Level commitments.
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a. Deliverables. Vendor represents and warrants that each deliverable shall meet
AGREEMENT FOR SOFTWARE AS A SERVICE
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4.D.a
and confirm to its applicable specifications as provided herein following its acceptable and during the
Term. Vendor also represents and warrants that the Services, in whole and in part, shall operate in
accordance with the applicable configuration documentation, and this Agreement
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b.. Services. Vendor represents and warrants that (a) it shall perform the Services 'o
required pursuant to this Agreement in a professional manner, with high quality, and (b) it shall give r
due priority to the performance of the Services. '
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C. Title Warranty and Warranty against Infringement. Vendor hereby warrants and 3
represents that Vendor is the owner of the Services licensed hereunder, or otherwise has the right 0-
to grant to the City, the licensed rights to Vendor's Services through this Agreement without violating
any rights of any third-party worldwide. Vendor represents and warrants that (i) Vendor is not aware L
of any claim, investigation, litigation, action, suit or administrative or judicial proceeding pending or
threatened based on claims that Vendor's software infringes or misappropriates any patents,
copyrights, trade secrets or other intellectual property rights of any third-party; and (ii) Vendor's
Services does not knowingly infringe upon or misappropriate any patents, copyrights, trade secrets
or any other intellectual property rights of any third-party. 17
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d. Maintenance Services Warranty. Vendor warrants that, in performing the
Services under the Agreement, Vendor shall substantially and materially comply with the descriptions 3
and representations as to the Services, including performance capabilities, accuracy, completeness,
characteristics, Statement of Work, configurations, standards, function, and requirements, which cLa
appear in this Agreement. o
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e. Warranty of Compliance with Applicable Law. Vendor warrants the Services
shall comply with all applicable federal, state and local laws, regulations, codes and ordinances to
which it is subject. Vendor warrants that, throughout the Term of this Agreement, including any o
renewals, the Services shall comply with changes to and new applicable federal, state, and local LO
laws, regulations, codes, and ordinances to which it is subject. Vendor represents and warrants that M
it shall comply with all applicable local, state, and federal licensing, accreditation, and registration
requirements and standards necessary in the performance of the Services.
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f. Warranty of Services. General Responsibilities. Vendor warrants the Services m
for the term of this Agreement. Vendor shall provide Warranty Services as described in this Cn
Agreement at no additional cost to correct deficiencies in the Services and to repair and maintain a-
the Services in accordance with the specifications, subject to the Service Level Agreement. Vendor's 0I
warranty service responsibilities shall include, but not be limited to the following: 3
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i. Promptly and diligently perform and reperform the Services which is not
in compliance with documentation/specifications, representations, and
warranties at no additional cost to the City; M
ii. Maintain the Services in accordance with the specifications and terms of
this Agreement and meet all availability and system performance service c
levels as specified in this Agreement. In the event the Service requires —I
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failover activities, then Vendor shall be responsible for continuance of cm
the Services and the City shall not be subject to additional costs unless N
otherwise specified in this Agreement. N
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iii. Promptly coordinate with the City all tasks related to correcting
problems and deficiencies connected with the Services. m
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iv. Not disable any City software, including Vendor's software, without r
notice to and agreement by the City. Q
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4.D.a
V. If Vendor and/or City reasonably determines that Vendor is unable to
remedy such deficiencies, Vendor or City may terminate the Agreement
and Vendor shall issue a prorated refund to City of the fees previously
paid by City to Vendor for any unused term of this agreement and fees N
from the date of termination. L
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6. City Data/Vendor Obligations. a
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6.1 Ownership and Use. City owns all of the information and materials that it submits, 3
uploads or transfers, or causes to be submitted, uploaded, or transferred utilizing Vendor's Services
(City's Data).
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6.2 Data Protection. Vendor shall maintain and handle all of City's Data with commercially
reasonable physical, electronic, and procedural safeguards to protect and preserve the confidentiality
and security of City's Data (including personal information) in accordance with applicable data
protection legislative requirements and as further described in Vendor's policies which should reflect
the highest industry standards for privacy and security, which applicable policies are incorporated 17
herein by reference. c
6.3 Data Restrictions. Vendor shall restrict access to City Data to Vendor employees, 3
affiliates' employees, or others who need to know that information to provide services to City. City
Data shall be stored and hosted within the United States of America. Vendor will use City Data for cLa
the purposes described in this Agreement. Vendor will not sell, license, transmit or disclose this o
information outside of Vendor's business unless: (1) City expressly authorizes Vendor to do so; (2) L)
it is necessary to allow Vendor's Licensors to perform services under this Agreement); (3) in order
to provide Vendor's products or services to City; (4) otherwise as Vendor is required by law after
written notice to City of such requirement. Notwithstanding the foregoing, Vendor is responsible for
any disclosures of City Data by Vendor's Licensors made contrary to the terms of this Agreement. LO
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6.4 Data Backup. Vendor shall protect City's data by having a backup system that includes
running the Vendor's Services on geographically dispersed data centers with extensive backup, data
archive, and failover capabilities. Disaster recovery plan shall include data backup procedures that
create multiple backup copies of City's data, in near real time. m
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7. Intellectual Property Ownership. Vendor (and its Licensors, where applicable) shall own a-
all right, title and interest, including all related intellectual property rights, in and to the Service, the 0I
content, the software, and in its technology. This Agreement, does not convey to City any rights of 3
ownership in or to the Vendor's Services, technology, software, or the intellectual property rights
owned by Vendor and its Licensors, where applicable.
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S. Non-Disclosure of Confidential Information. The Parties' obligations regarding non- M
disclosure of Confidential Information is contained in the attached and incorporated Exhibit C. All
Confidential Information is and shall remain the property of its owner to the extent consistent with W
applicable law. The disclosure of Confidential Information to the other party does not grant to it any -
express or implied right to or under any patents, copyrights, trademarks, or trade secret information —I
except as otherwise provided herein. N
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9. City Obligations. N
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9.1 Hardware Obligations. Except for any equipment or hardware provided by Vendor
under this Agreement, the provision and maintenance of which is part of Vendor's required m
performance under this Agreement, the City shall be responsible for obtaining and maintaining all
other computer equipment, hardware, software, and communications equipment needed to internally r
access and utilize the Services. Q
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4.D.a
9.2 Anti-Virus Obligations. The City will use commercially reasonable efforts to safeguard
against computer infection, viruses, worms, Trojan horses, and other code that manifest
contaminating or destructive properties (collectively "Viruses") that may reasonably affect the
performance of Vendor's software. N
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9.3 Restricted Uses. The City will not: r
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a. knowingly upload or distribute any files that contain viruses, corrupted I
files, or any other similar software or programs that may damage the operation of the Services,
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b. modify, disassemble, decompile or reverse engineer the Services or pre-release
equipment or hardware devices or software disclosed,
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C. copy, reproduce, resell or commercially exploit the Services, W
d. reverse engineer, decompile or disassemble any software code and/or pre-
release equipment or hardware devices disclosed. 17
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10. Indemnification Obligations. 9
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10.1 City Indemnification Obligations. Subject to Section 10.3 below, City shall defend,
indemnify, and hold Vendor and its parent organizations, subsidiaries, Affiliates, officers, directors cLa
and employees harmless from and against any and all claims, costs, damages, losses, liabilities and c
expenses (including reasonable attorneys' fees and costs) arising oust of or in connection with: (i) a U
third-party claim alleging that the use of City Data infringes the rights of, or has caused harm to, a
third-party; (ii) a third-party claim alleging a breach of any of City's representations and warranties;
or (iii) a third-party claim alleging City's use of Confidential Information or intellectual property rights
of Vendor or its Licensors is in violation of this Agreement; (iv) third-party claim of injury or death LO
to person or damage to property arising from City's negligence. M
10.2. Vendor Indemnification Obligations. Subject to Section 10.3 below, Vendor shall
defend, indemnify, and hold City and its elected officials, officers, employees, agents and attorneys
harmless from and against any and all claims, costs, damages, losses, liabilities and expenses m
(including reasonable attorneys' fees and costs) arising out of or in connection with: (i) any breach Cn
by Vendor (or any of Vendor's employees, agents, subcontractors, or by anyone else for whose acts a-
any of them may be liable) of any of the promises, agreements, representations, warranties, or
insurance requirements contained in this Agreement; (i) a third-party claim alleging that the Vendor' 3
Services, content, software, or technology infringes or misappropriates the rights of, or has caused
harm to, a third-party; (ii) a third-party claim alleging a breach of any Vendor representations and
warranties in this Agreement; (iii) a third-party claim alleging Vendor's use of City Data is in violation L,
of this Agreement; or (iv) a third-party claim alleging a breach of Vendor's confidentiality or data M
security obligations, that infringes the rights of, or has caused harm to, a third-party, (v) third-party
claim of injury or death to person or damage to property arising from Vendor's negligence. W
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agree that: N
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a. the indemnified party shall promptly notify the indemnifying party in writing for N
any claim for which indemnification is sought; N
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b. the indemnified party shall cooperate with all reasonable requests of the m
indemnifying party (at the indemnifying party's expense) in defending or settling such claim.
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C. the indemnifying party shall be allowed to control the defense and settlement Q
of such claim;
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d. the indemnifying party may not settle any claim that includes an admission of
liability, fault, negligence or wrongdoing on the part of the indemnified party unless the indemnified
party provides prior written consent, N
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e. the indemnified party shall have the right, at its option and expense, to r
participate in the defense of any action, suit or proceeding relating to such a claim through counsel a
of its own choosing; I
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f. each indemnified party will undertake commercially reasonable efforts to c_
mitigate any loss or liability resulting from an indemnification claim related to or arising out of this
Agreement.
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11. Limitation of Liability
11.1. EXCEPT FOR CLAIMS ARISING FROM EITHER PARTY'S INDEMNIFICATION
OBLIGATIONS, CONFIDENTIALITY AND SECURITY OBLIGATIONS, REPRESENTATIONS AND o
WARRANTIES, AND INTELLECTUAL PROPERTY INFRINGEMENT OBLIGATIONS, IN NO EVENT SHALL c
EITHER PARTY'S AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING OUT OF THIS
AGREEMENT EXCEED THE PARTY'S STATED INSURANCE LIABILITY CAP. 3
11.2. NEITHER PARTY WILL BE LIABLE FOR BREACH-OF-CONTRACT DAMAGES SUFFERED
BY THE OTHER PARTY THAT ARE REMOTE OR SPECULATIVE, OR THAT COULD NOT HAVE o
REASONABLY BEEN FORESEEN ON ENTRY INTO THIS AGREEMENT. L)
11.3. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR
TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
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12. Insurance. Vendor shall maintain insurance that is sufficient to protect its business M
against all applicable risks, at a minimum as set forth in the attached and incorporated Exhibit
D, "Insurance Requirements." Vendor shall promptly provide City with certificates of insurance
to evidence Vendor's continued compliance with Exhibit D.
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13. Termination of Agreement. Cn
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13.1 Termination for Convenience. Either party may terminate this Agreement without
cause. In the event of such desire, the City may terminate upon giving the Vendor 60 days advance 3
written notice of termination, and the Vendor upon giving the City 180 days advance written notice c
of termination.
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13.2 Termination by City for Cause. In addition to any other rights granted to City in this 02
Agreement or under law, City has the right to terminate this Agreement upon written notice due to: U
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a. a material breach of a term, representation, or warranty under this Agreement
(including a material breach under any incorporated attachment, addendum and/or exhibit to this S
Agreement) by Vendor of any of its subcontractors or licensors of services if such material breach is o
not remedied within 30 days following receipt of written notice from City; or N
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b. a third-party's claim that Vendor's Services, content, data, infrastructure, N
professional services, technology, software, or any other services and products provided to the City
by Vendor or its subcontractors or Licensors or other third-parties and the intellectual property rights E
associated therewith, infringes upon such third-party's intellectual property rights.
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C. City Council fails to appropriate funds for payment of Vendor's products or Q
services under this Agreement.
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d. Vendor files for protection under bankruptcy laws, makes an assignment for
the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property,
files a petition under any bankruptcy or insolvency act or has any such petition filed against it which N
is not discharged within 60 days of the filing thereof.. o
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13.3 Termination By Vendor for Cause. In addition to any other rights granted to Vendor in a
this Agreement or under law, Vendor reserves the right, upon written notice to City, to terminate I
this Agreement due to: 3
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a. any undisputed amounts City owes that are delinquent greater than 90 days; O
or
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b. a material breach of the terms of this Agreement, other than a payment
obligation, by City or its users if such breach is not remedied within 30 days following receipt of
written notice of such breach from Vendor to City; or
C. a third- art s claim that City's Data and/or intellectual property infringes upon 1°
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such third-party's rights.
13.4 No Suspension of Services. Provided City continues to timely make all undisputed
payments, Vendor warrants that during the term of this Agreement, Vendor will not withhold Services
provided herein, for any reason, including but not limited to a dispute between the parties arising o
under this Agreement, except as may be specifically authorized herein. L)
13.5 Effect of Termination.
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a. If City terminates for cause or Vendor terminates without cause, City will only LO
be obligated to pay the amounts then due for services provided meeting Vendor's contractual M
commitments as calculated up to the date of termination and, if applicable, City will be reimbursed
a prorated amount of unused, prepaid fees.
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b. If Vendor terminates for cause that City does not dispute or if City terminates m
without cause and a balance is still due on City's account, then City agrees that Vendor may bill City Cn
for such unpaid fees due up to the date of termination. a-
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C. In the event this Agreement terminates for any reason, Vendor shall provide 3
the City a file of City's Data in a format acceptable (and at no cost) to City within 30 days of the c
effective date of termination. City shall have 60 days following termination to notify Vendor if
litigation, laws, regulations, or other lawful process requires Vendor retain City's data beyond the L,
termination of this Agreement. City will thereafter promptly notify Vendor when such litigation, laws, 02
regulations, or other lawful process no longer requires Vendor maintain the City's data. Vendor may U
dispose of City's data at Vendor's expense as permitted by law 61 days after termination, if City 0
provides no notice otherwise; or after City notifies Vendor there are no laws, regulations, litigation, c
etc. requiring further retention. Retained data is subject to the confidentiality provisions of the —I
Agreement. o
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14. Remedies. Termination of this Agreement shall not affect any right of action of either party N
prior to the termination being affected. All remedies shall be cumulative and may be exercised N
concurrently, or separately, which shall not be deemed to constitute an election of any one remedy
to the exclusion of any other. In addition to any other remedy provided for herein, or at law or equity, E
City shall have the right to recover from Vendor all damages reasonably caused by default of any
representation or warranty. This paragraph shall not limit City's right to pursue any other remedy r
available to it in law, at equity or pursuant to this Agreement. Q
AGREEMENT FOR SOFTWARE AS A SERVICE
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4.D.a
15. Non-Discrimination. In the hiring of employees for the performance of this Agreement or
any subcontract, the Vendor, its subcontractors, or any person acting on behalf of the Vendor 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 N
available to perform the work to which the employment relates. The Vendor shall execute the City of 'o
Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, r
and upon completion of the contract work, file the Compliance Statement, all attached and a
incorporated as Exhibit E. I
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16. General Provisions
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16.1 Governing Law and Venue. The Agreement will be governed by the laws of Washington L
and its choice of law rules. Vendor irrevocably consents to the exclusive personal jurisdiction and
venue of the federal and state courts located in King County, Washington, with respect to any dispute
arising out of or in connection with the Agreement and agrees not to commence or prosecute any
action or proceeding arising out of or in connection with the Agreement other than in the
aforementioned courts.
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16.2. Dispute Resolution. The City and Vendor desire, if possible, to resolve disputes,
controversies and claims (Disputes) arising out of this Agreement without litigation. To that end, 3
upon written notification of dispute by a party to the other, each party shall appoint a knowledgeable,
responsible management representative to meet and negotiate in good faith to resolve any Dispute cLa
arising under this Agreement. If the parties are unable to settle any Dispute, the exclusive means of o
resolving that Dispute shall only be by filing suit as provided for under Section 16.1, unless the L)
parties agree in writing to an alternative dispute resolution process.
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16.3 Severability. If any provision of the Agreement is held to be invalid or unenforceable o
for any reason, the remaining provision will continue in full force without being impaired or LO
invalidated in any way. The City and Vendor agree to replace any invalid provision with a valid M
provision that most closely approximates the intent and economic effect of the invalid provision.
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16.4. Nonwaiver, Any failure by either party to enforce strict performance of any provision
of the Agreement will not constitute a waiver of its right to subsequently enforce such provision or m
any other provision of the Agreement.
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16.5 No Assignment. Either party may assign this Agreement and all of its rights and 0I
obligations hereunder as part of a corporate reorganization, consolidation, merger, or sale of 3
substantially all of its assets so long as said assignee accepts all of the respective Agreements rights
and obligations of its predecessor as provided in this Agreement without limitation. Except as
expressly stated in this Agreement, neither party may otherwise assign its rights or obligations under L,
this Agreement either in whole or in part without the prior written consent of the other party, and M
any attempted assignment or delegation without such consent will be void. �
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16.6 Notices. 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 —I
written notice hereunder shall become effective three (3) business days after the date of mailing by o
registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the N
address stated in this Agreement or such other address as may be hereafter specified in writing. N
Either party may change its address by giving written notice of such change to the other party. N
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16.7 Legal Fees. 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 r
provided by law; provided, however, nothing in this paragraph shall be construed to limit either Q
party's right to indemnification under Section 10 of this Agreement.
AGREEMENT FOR SOFTWARE AS A SERVICE
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16.8. 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 N
is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. 'o
Both parties represent to the other that at the time of signing this Agreement, they are able to r
perform as required and their performance will not be prevented, hindered, or delayed by the current a
COVID-19 pandemic, any existing state or national declarations of emergency, or any current social I
distancing restrictions or personal protective equipment requirements that may be required under
federal, state, or local law in response to the current pandemic. o
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If any future performance is prevented or delayed by a force majeure event, the party L
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 17
such event and to perform the obligation. c
Notwithstanding other provisions of this section, the Vendor 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 Vendor due cLa
to a force majeure event. Performance that is more costly due to a force majeure event is not o
included within the scope of this Force Majeure provision. L)
If a force majeure event occurs, the City may direct the Vendor 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 LO
or project site arising from a direction by the City under this clause will be dealt with as a change M
order, except to the extent that the loss or damage has been caused or exacerbated by the failure
of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by
this section, all other costs will be borne by the Vendor.
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16.9 Independent Contractor. City and Vendor intend that an independent Contractor Cn
relationship be created with this Agreement. Vendor shall not be considered an agent or employee a-
of City for any purpose and the employees of Vendor are not entitled to any of the benefits that City 0I
provides for its employees. Nor shall this Agreement be evidence of a joint venture between Vendor 3
and City.
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16.10 Problem Notification. Each party will promptly notify the other in writing of any events L,
or circumstances that will affect the performance of its obligations under this Agreement including M
the delivery of any deliverable or delay in completion of any of its obligations. Vendor shall notify
City in writing of all material defects in the Services, whether discovered by other parties or by (D
Vendor, within five (5) business days of their discovery and fix or replace the affected hardware or
software within a commercially reasonable time. A defect is considered material if it has the potential S
to delay or inhibit the primary functionality of the Services or if said defect has the potential to N
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corrupt City data. N
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16.11 Entire Agreement/Modification. This Agreement, together with all exhibits comprise the N
entire agreement between the parties and supersedes all prior or contemporaneous negotiations,
discussions, or agreements, whether written or oral, between the parties regarding the subject matter
contained herein. This Agreement may be amended, modified, or added to only by written
instrument properly signed by both parties hereto. r
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16.12 Public Records Act. The Vendor acknowledges that the City is a public agency subject
to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and
documents, notes, emails, and other records prepared or gathered by the Vendor in its performance
of this Agreement may be subject to public review and disclosure, even if those records are not N
produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the o
City in satisfying the City's duties and obligations under the Public Records Act. r
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16.13 City Business License Required. Prior to commencing performance under this I
Agreement, Vendor agrees to provide proof of a current city of Kent business license pursuant to 0
Chapter 5.01 of the Kent City Code. o
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16.14 Counterparts and Signatures by Fax or Email. This Agreement may be executed in any L
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 c
last date entered below. All acts consistent with the authority of this Agreement and prior to its
effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have 3
applied.
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VENDOR: CITY: c
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Info-Tech ReseardEbbGroup Inc. CITY OF KENT
By: By:
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Print Name; Ryan Huggett Print Name:
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Its General Counsel Its m
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09 February 2022 m
DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: a-
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General Counsel 3
Info-Tech Research Group Inc. City of Kent c
345 Ridout St. N. 220 Fourth Avenue South
Landon, ON CA N6A 2N8 Kent, WA 98032
(519) 432-3550(telephone) (253) 856- (telephone) C?
legal@infotech.corn (email) (253) 856- (facsimile) U
(email) 0
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APPROVED AS TO FORM: —I
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Kent Law Department cN�
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ATTEST: c
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Kent City Clerk r
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AGREEMENT FOR SOFTWARE AS A SERVICE
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EXHIBIT A
SCOPE OF WORK
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Info-Tech is an unbiased industry research group that assists with strategic and informed decisions. 'o
They offer actionable tools and analyst guidance with strategic decisions. This is a membership, and r
no hardware or software is provided. '
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EXHIBIT B — SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES
(to Agreement for Software as a Service)
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4.D.a
EXHIBIT C
NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
1. Scope of Confidentiality Obligation in a Software as a Service Agreement N
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The Parties recognize that in a Software as a Service Agreement, the City is placing its r
information, including Confidential Information, on the Vendor's hosted software application. a
In providing this hosted service, the Vendor is not disclosing or providing City with its
confidential information such as its source code or other proprietary or intellectual property
technology. City therefore cannot modify, reverse engineer or otherwise decompile Vendor's c_
technology and City has committed to not doing so in this Agreement. Thus, this Addendum
describes Vendor's obligations with respect to City's confidential information, if any,
provided to Vendor. a
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2. Definition of Confidential Information and Exclusions.
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(a) "Confidential Information" means non-public information that a party to the ~
Agreement ("Disclosing Party") designates as being confidential to the party that c
receives such information ("Receiving Party") or which, under the circumstances
surrounding disclosure ought to be treated as confidential by the Receiving Party. 3
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"Confidential Information" includes non-public information that City designates as
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being confidential or which, under the circumstances surrounding disclosure, Vendor o
ought to treat as confidential, including but not limited to information in tangible or c)
intangible form relating to and/or including City data, computer programs, code,
algorithms, formulas, processes, inventions, schematics and other technical, business L
financial and product development plans, forecasts, strategies and proprietary or
intellectual property whether or not it is owned by City and information received from ti
others that City is obligated to treat as confidential. Except as otherwise indicated in M
this Agreement, the term "Vendor" also includes all its subcontractors and Affiliates.
An "Affiliate" means any person, partnership, joint venture, corporation or other form
of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly 5
or indirectly, controls, are controlled by, or are under common control with a party. m
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"Confidential Information" also includes non-public information that Vendor designates p
as being confidential, or which, under the circumstances surrounding disclosure ought
to be treated as confidential by the City, including without limitation, information in 3
tangible or intangible form relating to and/or including released or unreleased Vendor
software or hardware products, the marketing or promotion of any Vendor product, W
Vendor's business policies or practices, and information received from Vendor that the >,
City is obligated to treat as confidential.
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(b) Confidential Information shall not include any information, however designated, that: I
(i) is or subsequently becomes publicly available without Vendor's breach of any -
obligation owed City; (ii) became known to Vendor prior to City's disclosure of such SI
information to Vendor pursuant to the terms of this Agreement; (iii) became known to 0
Vendor from a source other than City other than by the breach of an obligation of N
confidentiality owed to City; (iv) is independently developed by Vendor; or (v) is not c
confidential as a matter of law.
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3. Obligations Regarding Confidential Information
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(a) Receiving Party shall: r
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EXHIBIT C - NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
(to Agreement for Software as a Service)
Packet Pg. 46
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4.D.a
(i) Refrain from disclosing any Confidential Information of the Disclosing Party to
third-parties for two (2) years following the date that Disclosing Party first
discloses such Confidential Information to Receiving Party, except as expressly
provided in Sections 3(b) and 3(c) below; N
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(ii) Take reasonable security precautions, at least as great as the precautions it r
takes to protect its own confidential information, but no less than prevailing a
standard of reasonable care in the Receiving Party's industry, to keep I
confidential the Confidential Information of the Disclosing Party;
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(iii) Refrain from disclosing, reproducing, summarizing and/or distributing
Confidential Information of the Disclosing Party except in pursuance of L
Receiving Party's business relationship with Disclosing Party, and only as
otherwise provided hereunder; and
(iv) Refrain from reverse engineering, decompiling or disassembling any software
code and/or pre-release hardware devices disclosed by Disclosing Party to 17
Receiving Party under the terms of the Agreement, except as expressly c
permitted by applicable law. —
(b) Receiving Party may disclose Confidential Information of Disclosing Party in accordance
with judicial action, federal or state public disclosure requirements, state or federal cLa
regulations, or other governmental order or requirement of law, provided that o
Receiving Party gives the Disclosing Party reasonable notice prior to such disclosure to L)
allow Disclosing Party a reasonable opportunity to seek a protective order or
equivalent, at the Disclosing Party's sole cost, effort, and expense. In the event the
Disclosing Party elects to obtain a protective order or equivalent, or legally contest and
avoid such disclosure, the Receiving Party shall fully cooperate with the Disclosing Party. LO
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(c) The Receiving Party may disclose Confidential Information only to Receiving Party's
employees and consultants on a need-to-know basis. The undersigned Receiving Party
will have executed or shall execute appropriate written agreements with third-parties
sufficient to enable Receiving Party to enforce all the provisions of this Agreement. m
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(d) Receiving Party shall notify the undersigned Disclosing Party immediately upon a-
discovery of any unauthorized use or disclosure of Confidential Information or any 0I
other breach of the Agreement by Receiving Party and its employees and consultants,
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and will cooperate with Disclosing Party in every reasonable way to help Disclosing
Party regain possession of the Confidential Information and prevent its further
unauthorized use or disclosure. Upon discovery of an inadvertent or accidental L,
disclosure, the Receiving Party shall promptly notify the Disclosing Party of such M
disclosure and shall take all reasonable steps to retrieve the disclosure and prevent
further such disclosures. If the foregoing requirements are met, a Receiving Party shall a)
not be liable for inadvertent disclosure. ,°
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(e) The restrictions herein shall not apply with respect to Confidential Information which: N
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(i) Is or becomes known to the general public without breach of this Agreement; or N
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(ii) Is or has been lawfully disclosed to a Receiving Party by a third-party without an
obligation of confidentiality; m
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(iii) Is independently developed by a Party without access to or use of the Confidential r
Information; or Q
EXHIBIT C — NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
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(iv) At the end of the period of confidentiality set forth in the Agreement.
(f) All tangible information, including drawings, specifications, and other information
submitted hereunder, by the Receiving Party to the other shall remain the property of N
the Disclosing Party. The Receiving Party promptly shall return Confidential Information, 'o
including all originals, copies, reproductions and summaries of Confidential Information r
and all other tangible materials and devices provided to the Receiving Party, and shall a
cease any further use thereof, upon written request of the Disclosing Party. Upon mutual I
consent, the Receiving Party may destroy all copies of the Confidential Information and
certify to the Disclosing Party in writing that it has done so.
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(g) The Receiving Party shall not export, directly or indirectly, any Confidential Information L
or any products utilizing such data unless it first complies with any applicable laws and
regulations pertaining thereto, including, but not limited to, U.S. export laws or traffic
in arms regulations.
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4. Remedies
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The parties acknowledge that monetary damages may not be a sufficient remedy for
unauthorized disclosure of Confidential Information and that Disclosing Party shall be entitled, 3
without waiving any other rights or remedies, to such injunctive or equitable relief as may be
deemed proper by a court of competent jurisdiction.
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5. Miscellaneous U
(a) All Confidential Information is and shall remain the property of Disclosing Party. By
disclosing Confidential Information to Receiving Party, Disclosing Party does not grant
any express or implied right to Receiving Party to or under any patents, copyrights, LO
trademarks, or trade secret information except as otherwise provided herein. M
Disclosing Party reserves without prejudice the ability to protect its rights under any
such patents, copyrights, trademarks, or trade secrets except as otherwise provided
herein. Except as expressly herein provided, no rights, licenses or relationships
whatsoever are to be inferred or implied by the furnishing of Confidential Information m
specified above or pursuant to this Agreement.
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(b) The terms of confidentiality under this Agreement shall not be construed to limit either 0I
the Disclosing Party or the Receiving Party's right to independently develop or acquire 3
products without use of the other party's Confidential Information. Further, the
Receiving Party shall be free to use for any purpose the residuals resulting from access
to or work with the Confidential Information of the Disclosing Party, provided that the L,
Receiving Party shall not disclose the Confidential Information except as expressly M
permitted pursuant to the terms of this Agreement. The term "residuals" means
information in intangible form, which is retained in memory by persons who have had a)
access to the Confidential Information, including ideas, concepts, know-how or -
techniques contained therein. The Receiving Party shall not have any obligation to limit S
or restrict the assignment of such persons or to pay royalties for any work resulting o
from the use of residuals. However, this sub-paragraph shall not be deemed to grant N
to the Receiving Party a license under the Disclosing Party's copyrights or patents. N
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EXHIBIT C — NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
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EXHIBIT D
INSURANCE REQUIREMENTS
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EXHIBIT D - INSURANCE REQUIREMENTS
(to Agreement for Software as a Service)
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4.D.a
EXHIBIT E
CITY OF KENT NON-DISCRIMINATION POLICY AND FORMS
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DECLARATION a
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY o
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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. w
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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 b
response is required on all of the following questions for this Agreement to be valid and binding. If c
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 3
determination regarding suspension or termination for all or part of the Agreement;
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The questions are as follows: o
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1. I have read the attached City of Kent administrative policy number 1.2.
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Z. 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. ti
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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.
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and 00
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promotion of women and minorities. Cn
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5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime RI
Contractor, that the Prime Contractor complied with the requirements as set forth above.
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By signing below, I agree to fulfill the five requirements referenced above.
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Date: N
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EXHIBIT E - NONDISCRIMINATION PROVISIONS
(to Agreement for Software as a Service)
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CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 r
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SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
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CONTRACTORS APPROVED BY Jim White, Mayor
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POLICY: ayi
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 17
employment opportunity within their organization and, if holding Agreements with the City c
amounting to $10,000 or more within any given year, must take the following affirmative steps:
3
1. Provide a written statement to all new employees and subcontractors indicating
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commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women. L
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's ti
nondiscrimination and equal opportunity requirements shall be considered in breach of contract and M
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. 00
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these p
regulations are familiar with the regulations and the City's equal employment opportunity
policy. 3
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. W
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
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This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the '
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Agreement. I
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I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
as
contractor for the Agreement known as that was
entered into on the (date), between the firm I represent and the City
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of Kent.
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I declare that I complied fully with all of the requirements and obligations as outlined in the City of 3
Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity i
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Policy that was part of the before-mentioned Agreement. o
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EXHIBIT F
VENDOR'S PRIVACY POLICY
This is the privacy policy of Info-Tech Research Group Inc. ("Info-Tech"). This document explains N
Info-Tech's policies for the collection, use and disclosure of personal information. 0
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The Information we collect a
Info-Tech collects information by various methods including information actively provided by its c
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lead providers, its customers, and information arising from customer surveys and general t9
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The types of personal information we collect include name, contact information, identification
information, and credit information. Credit card information is used for billing purposes only. We
may record calls to or from our customer service representatives for purposes of accuracy,
performance reviews, training and General quality assurance. 12
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How we use this information
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This information is used to provide our various products including customer service, accounting, U
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billing, collections, and the marketing of other Info-Tech products.
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Info-Tech may use aggregate or anonymous information, which will not be linked to identified
individuals, for various other uses for itself and third parties. The identity of our corporate clients is
not considered personal or confidential information, and we may disclose that information for
promotion and marketing purposes. c
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Info-Tech users may have the option to participate in online discussion communities. Such
communities are exclusive communities for certain Info-Tech subscribers and are accessible only
by subscribers through their Info-Tech login name and password. Participation in the community is m
completely voluntary. By opting into the community, subscribers agree to share basic contact Cn
information (Name, Company, Address) with their peers in the community p
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Who we share this information with
Info-Tech does not share personal information with any third parties except as disclosed in this
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policy. Info-Tech may provide personal information to Info-Tech's consultants, subcontractors and
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professional advisers (which shall be bound by privacy obligations) to assist Info-Tech's uses
disclosed herein.
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Security �I
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Personal information is stored in a combination of paper and electronic files. They are protected by N
security measures appropriate to the nature of the information. c
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Accessing information
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Individuals may review their personal information contained in Info-Tech files by contacting the M
Info-Tech privacy officer. If an individual believes that any of their personal information is Q
inaccurate, we will make appropriate corrections.
EXHIBIT F- VENDOR'S PRIVACY POLICY
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Cookies
Cookies are used by Info-Tech for the convenience of our users. They are used to streamline
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access to the online subscriber service. Cookies automatically authenticate the user. A user can L
access Info-Tech products with the cookie feature turned off; however, in doing so they may find r
themselves challenged for username and password information on multiple occasions. Info-Tech a
also uses cookies to track user's visits and uses that information to improve the user's experience
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and track use of our products. c
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Links
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Info-Tech seeks out the best Web sources and resources for our advisory services. Many of our
pages contain links to information at other Web sites. When you click on one of these links, you are
moving to another web site. We encourage you to read the privacy statements of these linked sites
as their privacy policy may differ from ours. o
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General
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Info-Tech may amend this policy from time to time. If such amendments affect how Info-Tech uses U
or discloses personal information already held by Info-Tech in a material way, Info-Tech will obtain
consent. U
Notwithstanding the general terms of this policy, the collection, use, and disclosure of personal ;v
information may be made outside of the terms herein to the extent provided for in any applicable o
privacy or other legislation in effect from time to time. ti
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Info-Tech may disclose personal information to another entity purchasing (including for diligence
purposes prior to purchase) the assets of Info-Tech, provided that entity abides by this or a similar
privacy policy. m
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Opt-out
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If at any time you would like to discontinue e-mail communication from Info-Tech Research Group, 3
please notify us via the Contact Us page.
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Contact us
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For more information on Info-Tech and privacy please contact our Privacy Officer at:
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General Counsel 0
Toll-free (US): 1-888-670-8889 r_I
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Toll-free (CAN): 1-844-618-3192 0
International: +1-519-432-3550 N
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EXHIBIT F- VENDOR'S PRIVACY POLICY
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EXHIBIT B
INSURANCE REQUIREMENTS N
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4.E
OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5710
DATE: March 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: INFO ONLY: Equity Strategic Plan (Communications)
SUMMARY: Race and Equity Manager, Uriel Varela will present the Council with the
Communications portion of the City's Equity Strategic Plan.
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.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: March 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: INFO ONLY: Utility Accounts- An Update from Customer
Service
SUMMARY: Finance Customer Services Manager, Molly Bartlemay will provide the
Council with an update on utility accounts.
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