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City Council Committees - Operations and Public Safety Committee - 09/20/2022 (2)
Operations and Public Safety Committee Tuesday, September 20, 2022 4:00 PM Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 819 1988 4681, Passcode: 235930 Chair Bill Boyce Councilmember Brenda Fincher Councilmember Satwinder Kaur Councilmember Marli Larimer Councilmember Zandria Michaud Councilmember Les Thomas Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Business Chair A. Approval of Minutes Approval of September 6, 2022 Minutes YES Chair 01 MIN. B. Payment of Bills - Approve YES Paula Painter 01 MIN. C. Resolution Allowing Community Roots Housing to Build Middle-Income Housing within the City of Kent - Adopt YES Bill Ellis 10 MIN. D. Agreement with Pause, Inc for Staff Training - Authorize YES Uriel Varela 05 MIN. E. Agreement with Nelson Electric, Inc. for Corrections Internal Cameras - Authorize YES Brian Rambonga 10 MIN. F. Consultant Services Agreement with MIG, Inc. YES Kristen Holdsworth 10 MIN. Operations and Public Safety Committee CC Ops and PS Regular Meeting September 20, 2022 for the 2024 Comprehensive Plan Update - Authorize G. Amendment with Verra Mobility/ATS for Additional Red Light Cameras - Authorize YES Commander O'Reilly 10 MIN. H. Office of the Washington State Auditor Engagement Letter for the 2021 Audit - Authorize YES Paula Painter 10 MIN. I. INFO ONLY: King County Solid Waste Restructure Update NO Tony Donati 05 MIN. J. INFO ONLY: Second Quarter 2022 Investment Report NO Joe Bartlemay 10 MIN. 5. Adjournment Chair The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at the public meeting. Written public comments that do not relate to a committe e agenda item are not permitted. Written public comments are not read into the record. Unless otherwise noted, the Operations and Public Safety Committee meets at 4 p.m. on the first and third Tuesday of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent, WA 98032 For additional information please contact Kim Komoto at 253-856-5728, or email Kkomoto@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Page 1 of 5 Pending Approval Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes September 6, 2022 Date: September 6, 2022 Time: 4:02 p.m. Place: Chambers Members: Bill Boyce, Chair Brenda Fincher, Councilmember Satwinder Kaur, Councilmember Marli Larimer, Councilmember Zandria Michaud, Councilmember Les Thomas, Councilmember Toni Troutner Councilmember Agenda: 1. Call to Order 4:02 p.m. Council President Boyce called the meeting to order. 2. Roll Call Attendee Name Title Status Arrived Bill Boyce Chair Present Brenda Fincher Councilmember Late Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Excused Les Thomas Councilmember Late Toni Troutner Councilmember Present 3. Agenda Approval 1. I move to approve the agenda as presented. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Boyce, Kaur, Larimer, Troutner 4. Business A. Approval of Minutes Approval of Minutes dated August 16, 2022 MOTION: Move to approve the Minutes dated August 16, 2022 Packet Pg. 3 Minutes Acceptance: Minutes of Sep 6, 2022 4:00 PM (Approval of Minutes) Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes September 6, 2022 Kent, Washington Page 2 of 5 RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Kaur, Larimer, Troutner B. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/20/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner C. Grant Agreement with Washington State Administrative Office of the Court for Kent Community Court - Authorize Margaret Yetter, Municipal Court Administrator presented details on the Grant Agreement with the Washington State Administrative Office of the Court for Kent's Community Court. The Kent Municipal Court has a Community Court Program that has operated since October 2019 without any additional funding or staff. The Court applied for and received a grant from Washington State’s Administrative Office of the Courts to enhance community court programs. The grant from AOC is $125,000, it requires no match, and the grant funds will be used to hire a part-time case manager/social worker, to fund treatment components for defendants, and additional costs incurred, including transportation, meals, water, and snacks for participants. The funding is available through June 30, 2023. MOTION: I move to authorize the Municipal Court Administrator to sign a grant agreement with the Washington State Administrative Office of the Courts in the amount of $125,000 to benefit Kent Community Court, to amend the City budget accordingly, and to authorize expenditure of the funds consistent with the terms of the grant agreement. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/20/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner D. Grant Agreement with Washington State Administrative Office of the Courts for Reimbursement of Costs Associated with State v. Blake - Authorize Yetter provided details on the Agreement with the Washington State Office of Packet Pg. 4 Minutes Acceptance: Minutes of Sep 6, 2022 4:00 PM (Approval of Minutes) Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes September 6, 2022 Kent, Washington Page 3 of 5 the Courts. In 2021, the Washington Legislature appropriated funds in the 2022 budget to cover the costs incurred by cities in the review and possible vacation of convictions for Blake-related cases in the local municipal court. At the end of 2021 Legislative session, the Legislature appropriated $44.5 million to the Administrative Office of the Courts “to assist counties with costs of resentencing and vacating the sentences of defendants whose convictions or sentences are affected by the State v. Blake decision.” In the 2022 supplemental budget, cities received $21.5 million to offset the financial impacts of vacating simple drug possession charges tied to the Blake decision. Kent has been designated as one of 112 cities to receive reimbursement, up to $576,526 for extraordinary expenses reimbursement and up to $497,909 in reimbursement of legal financial obligations previously paid by offenders. Accepting this agreement with AOC will allow the Court to request reimbursement for the costs associated with implementing the Supreme Court’s decision from the funds appropriated by the Legislature. MOTION: I move to authorize the signing of the Interagency Reimbursement Agreement with the Washington State Administrative Office of the Courts, in the total amount of $1,074,435, to amend the budget, and to authorize expenditure of funds consistent with the terms of the agreement to reimburse costs incurred as a result of the State v. Blake decision. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/20/2022 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner E. Additional Purchases - Anaconda Networks, Inc Equipment and Hardware Purchase, Software License and Maintenance Agreement - Authorize Galen Hirschi, Network Engineering Supervisor, provided an overview of the agreement with anaconda Networks. The City and Anaconda Networks, Inc. entered into an Equipment and Hardware Purchase, Software License, and Maintenance Agreement on September 1, 2021 (“Agreement”). The Agreement provides for an initial 1- year term, with the option for annual renewals through December 31, 2027. To date, the City has made three purchases under the agreement, whose collective amount of $92,624.86 is within the Mayor’s $100,000 contract authority. MOTION: I move to authorize staff to purchase products and services Packet Pg. 5 Minutes Acceptance: Minutes of Sep 6, 2022 4:00 PM (Approval of Minutes) Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes September 6, 2022 Kent, Washington Page 4 of 5 through Anaconda Networks, Inc. under the terms of a purchase agreement dated September 1, 2021, if those purchases are within established budgets previously approved by Council and made during the agreement’s term, and to ratify all prior acts consistent with this motion. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/20/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner F. 2022-2023 Walker and Roller Safety Grant Project for Pacific Highway South Grant Agreement - Authorize Chief Rafael Padilla provided information on the Interagency Agreement for the Walker and Roller Safety Project for the Pacific Highway South project. This is the second year of funding from the Washington Traffic Safety Commission to fund walker and roller safety projects along Pacific Highway South from Federal Way north to Tukwila. The Kent Police Department is the fiscal agent for this grant project which will build upon the work done during year one including enforcement, observation surveys, education and outreach transcribed into 12 different languages, and signage improvement. MOTION: I move to authorize the Mayor to sign an Interagency Agreement with the Washington Traffic Safety Commission accepting funding for the City’s Pacific Highway South Walker and Roller Safety Program, amend the budget and authorize expenditure of the funds consistent with the Interagency Agreement. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/20/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner G. Agreement with Axon – Extension of Contract and Records Management - Authorize Eric Hemmen, Assistant Chief of Investigations provided information on the Agreement with Axon. The City has a 5-year contract with Axon for the Body Worn Camera program that expires in September of 2024. The Police Department is in need of a new records management system. After extensive research and testing by the City’s Information Technology Packet Pg. 6 Minutes Acceptance: Minutes of Sep 6, 2022 4:00 PM (Approval of Minutes) Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes September 6, 2022 Kent, Washington Page 5 of 5 Department, Axon Records was selected as the choice for the new records management system. The City was able to negotiate an amendment to the original agreement that will include the addition of the records management system in addition to extending the term of the contract until September of 2029. MOTION: I move to authorize the Mayor to sign the First Amendment to the Master Services and Purchasing Agreement with Axon, to add the Officer Safety Plan 7+, premium edition; activate the records management subscription; purchase associated hardware and services; and extend the Agreement through September 30, 2029, in an amount not to exceed $4.5 million, subject to final terms and conditions acceptable to the City Attorney and Police Chief. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/20/2022 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Thomas, Troutner H. INFO ONLY: July 2022 Financial Report Financial Planning Manager, Michelle Ferguson presented the July 2022 Financial Report. Details were provided on General Fund revenues, including the increase in sales tax revenues and decrease in utility tax revenues. General Fund revenue year-to-year comparisons for sales and use tax, charges for services, fines and forfeitures, fire contracted services, parks recreation and community services, and police were reviewed for July 2020 through July 2022. Revenues for the Capital Resources Fund, Property Insurance expenditures and Fleet Services expenditures for 2020 - 2022 year-to-date were reviewed. 5. Adjournment 4:33 p.m. Council President Boyce adjourned the meeting. Kimberley Komoto Committee Secretary Packet Pg. 7 Minutes Acceptance: Minutes of Sep 6, 2022 4:00 PM (Approval of Minutes) FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South Kent, WA 98032 253-856-5264 DATE: September 20, 2022 TO: Operations and Public Safety Committee SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills. SUMMARY: BUDGET IMPACT: SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 4.B Packet Pg. 8 ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, AICP, EDFP 220 Fourth Avenue South Kent, WA 98032 253-856-5454 DATE: September 20, 2022 TO: Operations and Public Safety Committee SUBJECT: Resolution Allowing Community Roots Housing to Build Middle-Income Housing within the City of Kent - Adopt MOTION: I move to adopt Resolution No. 2050, authorizing the Mayor to sign an Interlocal Agreement with the City of Seattle that allows Community Roots Housing, a Public Development Authority established by the City of Seattle, to develop affordable middle income and multifamily housing in Kent. SUMMARY: Community Roots Housing is a public development authority under RCW 35.21.730 chartered by the City of Seattle. Both the City of Seattle and the Board of Directors of Community Roots Housing have passed resolutions of intent to prospect, acquire, and develop properties in the City of Kent and work with the City of Kent in these efforts. To allow and welcome the Public Development Authority’s activities in the City of Kent, the City Council will need to pass a resolution. This will enable Community Roots Housing to work with City of Kent staff to identify and build opportunities within our City. If this Resolution passes out of Operations and Public Safety Committee, it will also proceed to Council for final action on the Consent Calendar of the City Council meeting agenda tonight. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Community Roots Housing - Interlocal Resolution (PDF) 4.C Packet Pg. 9 1 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing RESOLUTION NO. 2050 A RESOLUTION of the City Council of the City of Kent, Washington: (1) finding that a pressing need exists to develop affordable and workforce multifamily housing and helping to fulfill that need is a government purpose, and (2) authorizing the Mayor to sign an interlocal agreement with the City of Seattle that authorizes Community Roots Housing, a public development authority created by the City of Seattle, to develop affordable and workforce multifamily housing in the City of Kent. RECITALS A. The City Council has found that there is a pressing need for more affordable housing for low-income and moderate- income households within Kent. B. In June 2021, the City of Kent (City) adopted a Housing Options Plan that identifies actions to ensure that Kent has a diverse range of housing types to accommodate all economic segments of the community, including housing for moderate-income community members who may not be eligible for regulated or subsidized affordable housing that is income-restricted. C. The City desires to encourage and support the development of more affordable housing through agreements with other public entities with access to additional financing tools not previously available to the City. 4.C.a Packet Pg. 10 Attachment: Community Roots Housing - Interlocal Resolution (3284 : Resolution Relating to Community Roots Housing - Adopt) 2 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing D. The City of Seattle chartered the Capitol Hill Housing Improvement Program, which is now known as Community Roots Housing, in 1976 as a public corporation organized under chapter 35.21 of the Revised Code of Washington (RCW), and the purpose of Community Roots Housing is to help preserve, develop, own and operate affordable multifamily housing as well as cultural, social, and economic facilities and to provide programs and services to promote equity and resilience in communities. E. Community Roots Housing has a long history of successfully fulfilling its purpose both inside and outside its Capitol Hill boundaries, including a prior affordable housing project in unincorporated King County in which Community Roots Housing partnered with the Delridge Neighborhoods Development Association and the White Center Community Development Association to secure tax credit equity for the SOPI Village affordable housing project. F. Community Roots Housing desires to work with additional community-based partners in incorporated and unincorporated King County to provide affordable housing and cultural, social and economic opportunities and facilities, and Community Roots Housing requested permission from the City of Seattle to work at new locations in incorporated and unincorporated King County. G. RCW 35.21.740 provides that a public development authority may not operate outside of the boundaries of the establishing city unless that city enters into an agreement with another city or county. H. Seattle Municipal Code Section 3.110.170(B) states, “If authorized by its charter to do so, a public corporation may undertake 4.C.a Packet Pg. 11 Attachment: Community Roots Housing - Interlocal Resolution (3284 : Resolution Relating to Community Roots Housing - Adopt) 3 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing projects and activities or perform acts outside the limits of the City [of Seattle] only in those areas of another jurisdiction whose governing body by agreement with the City [of Seattle] consents thereto” and the Community Roots Housing charter so authorizes. I. Through Ordinance 125424, passed by the Seattle City Council on September 25, 2017 and approved by the Mayor on October 5, 2017 (Ordinance), the City of Seattle authorized and directed the Director of Intergovernmental Relations to enter into agreements with King County and the cities of Bellevue, Federal Way, Issaquah, Kirkland, Kent, Mercer Island, Redmond, Renton, SeaTac, Shoreline and Tukwila, substantially in the form attached to such Ordinance, to permit Community Roots Housing to participate in the development of affordable housing projects in areas outside Seattle. J. Any termination of such agreement between Kent and Seattle to permit Community Roots Housing to develop affordable and workforce housing projects would apply prospectively only and would not apply to any Community Roots Housing projects already completed or underway at the time of termination. K. As required by the Ordinance, Community Roots Housing has submitted a resolution of its Board of Directors, requesting Seattle and the City enter into the Agreement and certifying the Board’s authorization for projects within the City consistent with its charter. L. It is in the interests of the City to permit Community Roots Housing to engage in mission-driven projects that provide affordable and workforce housing and community development within the City’s boundaries. 4.C.a Packet Pg. 12 Attachment: Community Roots Housing - Interlocal Resolution (3284 : Resolution Relating to Community Roots Housing - Adopt) 4 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing M. The construction of affordable and workforce housing is an integral means of making Kent a safe, inclusive, and welcoming community. N. On September 20, 2022, City staff provided the Operations and Public Safety Committee an overview of Public Development Authorities and the potential role of Community Roots Housing in developing affordable and workforce housing in Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Findings. The City Council hereby finds that in the South King County region, a significant percentage of households are cost- burdened and pay more than 30% of their income on housing costs. There is a severe shortage of housing affordable and available to families earning between 60% and 120% of the area median income within the boundaries of Kent. The housing shortfall results in high housing costs, reduced home ownership, reduced household ability to pay for transportation, childcare, and medical care, disproportional impacts on communities of color, increased traffic congestion and air and water pollution, negatively affects Kent employers’ ability to attract and retain a qualified and diverse work force, impacts transportation infrastructure, and reduces overall quality of life. The Council hereby further finds that the provision of workforce housing affordable to moderate income households is a fundamental governmental purpose. SECTION 2. – Delegation of Authority. The Mayor is hereby authorized to enter into an interlocal agreement with the City of Seattle for 4.C.a Packet Pg. 13 Attachment: Community Roots Housing - Interlocal Resolution (3284 : Resolution Relating to Community Roots Housing - Adopt) 5 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing the purpose of permitting Community Roots Housing, a public corporation chartered by the City of Seattle, to provide affordable housing and community development projects located outside Seattle city limits and within the City of Kent, subject to final terms and conditions acceptable to the City’s Economic and Community Development Director and the City Attorney. The agreement shall be in substantially the form of Attachment A to this Resolution. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. September 20, 2022 DANA RALPH, MAYOR Date Approved ATTEST: September 20, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted 4.C.a Packet Pg. 14 Attachment: Community Roots Housing - Interlocal Resolution (3284 : Resolution Relating to Community Roots Housing - Adopt) 6 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing APPROVED AS TO FORM: TAMMY WHITE, CITY ATTORNEY 4.C.a Packet Pg. 15 Attachment: Community Roots Housing - Interlocal Resolution (3284 : Resolution Relating to Community Roots Housing - Adopt) 7 Attachment A – Interlocal Agreement ATTACHMENT A - INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is entered into between the CITY OF KENT, a municipal corporation and political subdivision of the State of Washington, hereinafter referred to as the “City” and THE CITY OF SEATTLE, a Washington municipal corporation, hereinafter referred to as “Seattle,” each being a unit of general local government of the State of Washington. RECITALS WHEREAS, Seattle chartered Capitol Hill Housing Improvement Program, now known as Community Roots Housing (“CRH”), in 1976 with the purpose of assisting homeowners, property owners, residential tenants, and residents of the Capitol Hill community and such other areas as approved by the Board of Directors in preserving, improving, and restoring the quality of their homes, property, and neighborhoods, and to provide additional housing, cultural, social, and economic opportunities and facilities; and WHEREAS, CRH has a long history of successfully fulfilling its purpose both inside and outside its Capitol Hill boundaries; and WHEREAS, an important component of CRH’s mission is to facilitate and provide safe and affordable housing and community development for the benefit of low-income and moderate-income individuals and families; and WHEREAS, CRH has identified a specific mission-driven need in the City of Kent and anticipates identifying a project or projects meeting such need in the near future; and WHEREAS, CRH is a public corporation established under Seattle Municipal Code (SMC) Chapter 3.110; and WHEREAS, SMC, Section 3.110.170, states in part: “If authorized by its charter to do so, a public corporation may undertake projects and activities or perform acts outside the limits of the City [of Seattle] only in those areas of another jurisdiction whose governing body by agreement with the City [of Seattle] consents thereto,” and 4.C.a Packet Pg. 16 Attachment: Community Roots Housing - Interlocal Resolution (3284 : Resolution Relating to Community Roots Housing - Adopt) 8 Attachment A – Interlocal Agreement the CRH Charter so authorizes; and WHEREAS, both the City and Seattle desire to facilitate CRH’s undertaking of projects and activities consistent with its chartered purpose and to provide needed affordable housing; and WHEREAS, by Seattle Ordinance 125424, the City Council of Seattle authorized Seattle’s Director of Intergovernmental Relations to enter into this agreement with the City to enable CRH to perform the activities described herein; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES, THE PARTIES AGREE AS FOLLOWS: 1. Consents The City and Seattle each consent to CRH, a public corporation chartered by Seattle, developing affordable housing and community development projects located outside the Seattle limits in the city of Kent, which may include, without limitation, participating in the financing, ownership, and operation of such projects. The consent provided in this Agreement is intended to satisfy the conditions of SMC 3.110.170 and the Charter of CRH for actions outside Seattle, and does not constitute approval of any components of such projects that may be required by the City or any , state or federal law or regulation. 2. Powers and Authority Pursuant to RCW Section 35.21.740, the City and Seattle agree that with respect to all activities of CRH related to such projects and all related property interests now or hereafter held by CRH, the powers, authorities, and rights of Seattle to establish, to confer power and authority upon, and to exercise authority over, a public corporation or authority, as expressly or impliedly granted pursuant to RCW Sections 35.21.730 through 35.21.755, shall be operable, applicable, and effective in the city of Kent, so that CRH shall have the same powers, authority, and rights with respect to such activities as CRH has within the corporate limits of Seattle, and shall be subject to the same Seattle ordinances and authority of Seattle. 3. Duration This Agreement and the consents herein shall take effect when both parties have signed this Agreement and shall remain in effect so long as the corporate 4.C.a Packet Pg. 17 Attachment: Community Roots Housing - Interlocal Resolution (3284 : Resolution Relating to Community Roots Housing - Adopt) 9 Attachment A – Interlocal Agreement existence of CRH continues, unless the City has withdrawn its consent set forth in Section 1 or this Agreement has been otherwise modified or terminated by written agreement of the City and Seattle. 4. Miscellaneous a. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. Nothing in this Agreement shall impose any obligation, liability or responsibility on the City or Seattle for any liability, action, or omission of CRH. b. CRH shall provide an annual report to the City Economic and Community Development Director by December 1 of each year, detailing the activities of CRH in the City of Kent, including but not limited to: existing buildings and/or properties acquired; number of units converted or built; projects in the development pipeline; and targeted and achieved income levels for units built or acquired. CITY OF KENT CITY OF SEATTLE By: Signature By: Signature Printed Name Printed Name Title Title Date Date APPROVED AS TO FORM: CITY OF KENT ATTORNEY CITY OF SEATTLE ATTORNEY By: Signature By: Signature Printed Name Printed Name Date Date 4.C.a Packet Pg. 18 Attachment: Community Roots Housing - Interlocal Resolution (3284 : Resolution Relating to Community Roots Housing - Adopt) OFFICE OF THE MAYOR Mayor Dana Ralph 220 Fourth Avenue South Kent, WA 98032 253-856-5710 DATE: September 20, 2022 TO: Operations and Public Safety Committee SUBJECT: Agreement with Pause, Inc for Staff Training - Authorize MOTION: I move to authorize the Mayor to sign a Professional Services Agreement with Pause, Inc. for staff training, in an amount not to exceed $154,000.00, subject to final terms and conditions acceptable to the Chief Administrative Officer and City Attorney. SUMMARY: Pause Inc. has been selected as the consulting group who will provide mandatory staff training on effective communication and Influence: Leading with Emotional Intelligence. The training will focus on enhancing communication abilities and increasing trust across the organization, reinforcing team relationships while increasing the potential for effective partnership and collaboration. The training will be completed by December 31, 2022. Objectives: • Enhance communication and active listening skills for effectively developing others, building healthy staff dynamics, and managing difficult conversations. • Identify patterns, triggers, and stress responses that can drive or derail performance. • Enhance emotional regulation, replacing impulsive and automatic reactions with conscious choice. Outcomes: • Manage tough conversations with more confidence and connection. • Acquire tools to navigate challenging topics while staying in relationship with another. • Foster highly productive and authentic relationships based on trust and kindness. • Use self-awareness and empathy to diffuse tense situations and unstick relationships. • Increase resilience and decision-making abilities. The training package includes: •Twelve, half-day trainings for City of Kent employees offered as open enrollments, up to one hundred people foreach, total offering for up to six hundred people. Held onsite at the City of Kent’s offices. •Two, full-day trainings for City of Kent Police Department, up one hundred people for each, total offering for up to two hundred people. Held onsite at the City of 4.D Packet Pg. 19 Kent’s offices. •Training dates to take place between October 10, 2022, and December 16, 2022. Preferable days for training are Wednesday and Thursday, as requested by the sponsor. Start and end times TBD. •Up to five facilitators for each training, depending on size of groups and length of training day. •Pause, Inc’s online EQ Assessment - an 80-question emotional intelligence assessment for each training participant. •The EQ Primer: An Introduction to Emotional Intelligence - a 70-plus page book authored by Seattle University professors, used as the main text in the Seattle University MBA course, Leading with Emotional Intelligence, which is co-taught by Pause, Inc. One copy per participant. •EQ Cheat Sheet - reference of primary models used through the training. •Certificate of Completion for attending full training. BUDGET IMPACT: Cost of training to be covered by American Rescue Plan Act funds. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Professional Services Agreement with Pause, Inc (PDF) 4.D Packet Pg. 20 PROFESSIONAL SERVICES AGREEMENT between the City of Kent and PAUSE, INC. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and PAUSE, INC. organized under the laws of the State of Washington, located and doing business at 1027 Bellevue Ct. E. #600 Seattle, WA 98102, (206).245.6999 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City: [Pause, Inc. will provide training services to City of Kent staff on effective communication and Influence: Leading with Emotional Intelligence, the training will focus on enhancing communication abilities and increasing trust across the organization, reinforcing team relationships while increasing the potential for effective partnership and collaboration. ] The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and the Contractor shall complete the work by December 31st 2022. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $154,000.00 for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for the Contractor’s services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor’s services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor’s services, or the Contractor is engaged in an independently 4.D.a Packet Pg. 21 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent’s Equal Employment Opportunity Policy. The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 4.D.a Packet Pg. 22 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) VIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor’s part, then the Contractor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Contractor’s part. IX. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. CONTRACTOR’S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor’s business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. 4.D.a Packet Pg. 23 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. I. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior 4.D.a Packet Pg. 24 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: Print Name: Its: DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONTRACTOR: Hartley McGrath Pause Inc. 1027 Bellevue CT. E. #600, Seattle, WA 98108 (206) 245-6999 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Uriel Varela Jr City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856 6064 (telephone) (253) [Insert Fax Number] (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk 4.D.a Packet Pg. 25 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of ____ , 20____. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 4.D.a Packet Pg. 26 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 4.D.a Packet Pg. 27 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20____. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 4.D.a Packet Pg. 28 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) TRAINING PROPOSAL FOR CITY OF KENT, WASHINTON JUNE 20, 2022 EFFECTIVE COMMUNICAITON AND INFLUENCE: LEADING WITH EMOTIONAL INTELLIGENCE DELIVERED BY PAUSE, INC. Pause, Inc. is pleased to present a training services proposal to on June 20th, 2022. Our highly interactive Effective Communication and Influence: Leading with Emotional Intelligence training focuses on enhancing communication abilities and increasing trust across organizations. Outcomes include bolstering and reinforcing team relationships while increasing the potential for effective partnership and collaboration. Training Objectives/Outcomes Participants will learn and practice core competencies of emotional intelligence, including self-awareness, self-management, social-awareness, and relationship management. The skills and tools gained will bring awareness to habitual reactions that get in the way of being effective in relationships and maintaining empathy and curiosity during conflict. Training participants learn the value in having direct and challenging conversations and begin to see those interactions as growth opportunities for trust- building and achieving results. Objectives: •Enhance communication and active listening skills for effectively developing others, building healthy staff dynamics, and managing difficult conversations. •Identify patterns, triggers, and stress responses that can drive or derail performance. •Enhance emotional regulation, replacing impulsive and automatic reactions with conscious choice. Outcomes •Manage tough conversations with more confidence and connection. •Acquire tools to navigate challenging topics while staying in relationship with another. •Foster highly productive and authentic relationships based on trust and kindness. •Use self-awareness and empathy to diffuse tense situations and unstick relationships. •Increase resilience and decision-making abilities. EXHIBIT A 4.D.a Packet Pg. 29 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) Training Package Includes •Twelve, half-day trainings for City of Kent employees offered as open enrollments, up to one hundred people for each, total offering for up to six hundred people. Held onsite at the City of Kent’s offices. •Two, full-day trainings for City of Kent Police Department, up one hundred people for each, total offering for up to two hundred people. Held onsite at the City of Kent’s offices. •Training dates to take place between October 10, 2022, and December 16, 2022. Preferable days for training are Wednesday and Thursday, as requested by the sponsor. Start and end times TBD. •Up to five facilitators for each training, depending on size of groups and length of training day. •Pause, Inc’s online EQ Assessment – an 80-question emotional intelligence assessment for each training participant. •The EQ Primer: An Introduction to Emotional Intelligence – a 70-plus page book authored by Seattle University professors, used as the main text in the Seattle University MBA course, Leading with Emotional Intelligence, which is co-taught by Pause, Inc. One copy per participant. •EQ Cheat Sheet – reference of primary models used through the training. •Certificate of Completion for attending full training. Pricing Training Price Emotional Intelligence Training - $275.00 per person, eight hundred participants. (Pause, Inc. charges for one group of fourteen participants - $3.850.00 or $275.00 per person.) $220,000.00 Large group discount of 30% - $66,000 ($66,000.00) $154,000/800 participants = $192.50 per person Cost per full-day training - $19,250.00 for up to one hundred participants. Cost per half-day training - $9,625.00 for up to one hundred participants. Training Package Total $154,000.00 Disclaimer: The prices listed in the preceding table are an estimate for the services discussed. This summary is not a warranty of final price. Estimates are subject to change if project specifications are changed or costs for outsourced services change before a contract is executed. Cost includes all program planning, design, materials, travel, and incidental costs, as well as fees for 1-5 facilitators for one-half-day or one-day programs, and work with and follow-up with sponsor. Cancellations need to be made more than 48 hours before program date/time to receive full refund on program. If cancellation of program is made within 24-48 hours of training, 50% of contract cost will be billed. Amount may be assessed at lower cancellation fee based on individual circumstances. Cancellations made within in 24 hours, up to 100% cost of contract may be billed. Amount billed may be determined based on individual circumstances. Total cost of training will be billed for any number of participants less than and up to eight hundred people. Pause, Inc. shall invoice for services performed and expenses incurred, and payment is due fifteen (15) days from receipt of invoice. Credit Card payments will incur a 3% processing fee. Once training proposal is approved by sponsor, a formal contract will be sent to the training sponsor at The City of Kent to sign and complete. EXHIBIT A 4.D.a Packet Pg. 30 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) Effective Communication and Influence: Leading with Emotional Intelligence Program Overview Building on the work of authors and researchers Brené Brown, Richard Boyatzis, Murray Bowen, Daniel Goleman, Chade-Meng Tan, and others in the evolution of Emotional Intelligence (EQ), this program expands participants’ capacities and skills in the following key competencies: The Four EQ Quadrants SELF AWARENESS SOCIAL AWARENESS The ability to accurately perceive your emotions and stay aware of them as they happen. This includes being aware of how you tend to respond to specific situations, triggers, and people. The ability to accurately read the emotions of others — what others are thinking and feeling — and being able to effectively see and navigate organizational culture. SELF MANAGEMENT RELATIONSHIP MANAGEMENT The ability to use the awareness of your emotions to positively direct behavior — managing your emotional reactions in challenging situations. The ability to use the awareness of your emotions and the emotions of others to successfully manage interactions and relationships. Methodology Emotional intelligence (EQ) is the ability to manage ourselves and our relationships effectively, especially when things are tense, or we are in conflict. Increasing one’s emotional intelligence can lead to more effective leadership skills, enhanced career success, and greater happiness and relationship satisfaction. Current research shows that the more emotionally intelligent one is the more likely they are to receive higher peer and/or supervisor ratings of people skills and have a higher tolerance for stress. People with high EQ are also better able to work in teams, adjust to change, and maintain resilience. The evidence is strong that there is a significant relationship between EQ and workplace performance. EXHIBIT A 4.D.a Packet Pg. 31 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) Emotional Intelligence is not only about navigating through conflict and stress. It is about mindfulness and the informed choices we can make in our relationships if we are aware of our strengths and triggers. It is also about learning to authentically connect with others and show up as our true selves in all arenas of our lives — home and work. Effective Communication and Influence: Leading with Emotional Intelligence is a training where participants are actively involved from the start, learning as they are doing. The training’s exercises provide a visceral experience of the tools and skills being learned, jump-starting participant’s ability to immediately apply the learnings in real-time. This workshop uses an interactive approach, one-on-one coaching, and real-time application of learning, e.g., applying skills to participant’s current issues. The active engagement through experiential activities helps create a fun and dynamic learning atmosphere. We use experiential exercises and activities to give participants the best learning and training experience, because: • People learn best when challenged and placed in novel settings beyond their daily routine and activities. • Theory becomes real when participants practice new skills with their peers in a “Learning Lab” setting. • Stretching participants out of their comfort zone brings them into the learning zone. • The skill-intensive training is an efficient way to build relationships and a learning community of bonded individuals. Training Overview Participants will learn and practice core competencies of emotional intelligence, including self-awareness, self-management, social-awareness, and relationship management. The skills and tools gained will focus on identifying habitual reactions that get in the way of being effective in relationships, having direct and challenging conversations while maintaining empathy and curiosity, and seeing those interactions as growth opportunities for trust-building, strengthening relationships, and achieving results. Objectives Include: • Enhance communication and active listening skills for effectively developing others, building healthy team dynamics, and managing difficult conversations. • Identify patterns, triggers and stress responses that can drive or derail performance. • Enhance emotional regulation, replacing impulsive and automatic reactions with conscious choice. Outcomes Include: • Manage tough conversations with more confidence and connection. • Acquire tools to navigate challenging topics while staying in relationship with other. • Foster highly productive and authentic relationships based on trust and kindness. • Use self-awareness and empathy to diffuse tense situations and unstick relationships. • Increase resilience and decision-making skills. Measurements • Training outcomes can be measured by participant’s favorable reaction to the learning event, and how they acquire the intended knowledge, skills and attitudes based on their participation in the learning event. • Outcomes can also be measured by the degree to which participants apply what they learned back at work, and to which targeted outcomes are reached because of the training and the organization’s accountability commitment to support behavioral change. EXHIBIT A 4.D.a Packet Pg. 32 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) Program Training Topics What Is Emotional Intelligence and Why Does It Matter? The day begins with a high-level introduction of the training’s objectives and purpose. We set an experiential tone with group activities that are engaging and fun, designed to jump-start relationship building. We present an overview of emotional intelligence through the lens of four quadrants, looking at the importance and relevance of EQ skills within the work context. Our grounding quote is from Viktor Frankl, and it captures the essence of our EQ work, “Between stimulus and response there is a space …” Focusing on the space between stimulus and habitual, unconscious reactions gives us an opportunity to get out of our way and have conscious choice around our responses. By becoming more aware of what is driving behavior, our triggers, we can then intentionally choose a more effective path. The Brain We look at what happens in the brain when we get emotionally hijacked and how our brains react to conflict when driven by the amygdala: flight, fight, or freeze. It is easy to be emotionally intelligent when the waters are calm, and our brain does not sense danger or fear — real or perceived. The focus is on the neuroscience of being able to retrain the limbic system, in a sense, connecting the amygdala with the pre-frontal cortex for better emotional regulation. Unlike IQ, which is fixed, EQ can be learned and developed over time. We apply pausing and mindful techniques to help develop more effective behaviors with self and others. Participants explore emotionally driven vs. conscious responses. Mindful Communication Participants partner with one another and practice active listening, paraphrasing, and empathy. Humans spend much of their time thinking about the future or analyzing the past, even though change and showing up fully in relationships only occurs in the present moment. We engage in training activities that help build self and social awareness — perceiving the emotions of others — so we can course correct when necessary. Being able to effectively paraphrase and empathize during a tough conversation can provide the necessary traction to have healthy conflict and keep the relationship intact. Examples of Mindfulness Exercises: • Cartoon bubble — how our inner monologue and feelings can unconsciously influence what we say and do in the moment. • Dropping judgement to listen, connect and coach colleagues — especially during challenging conversations or discussions on hot topics. • Identifying present moment emotions to create transparency for effective communication and relationship management. Conviction/Connection Model Conviction/Connection highlights our habitual, reactive tendencies to anxiety, fear, and misunderstanding. People avoid conflict and stress in relationships by using learned behaviors to suppress their own anxiety, which may not be effective for what is occurring on an interpersonal level with the other. Usually, these habits form early in our lives by our family system and upbringing. The model provides insight into patterns that get in the way of communicating effectively, expressing truth, and staying in relationship with the other. Participants “get up” on the model as a group to explore what different reactions look like and ways to come to a more centered, conscious, influential, and effective position. This tends to be a highly impactful self-awareness “ah-hah” moment in the workshop. Take- aways include learning to come to the relationship with a position yet being open to influence. Taking care of self though differentiation while having empathy and connection with the other. EXHIBIT A 4.D.a Packet Pg. 33 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) Stuck Relationship To help practice new tools and skills, participants apply them to a current “stuck” relationship. The relationship should be one where there is possibility for it to shift — not a relationship that has been written off. It is best if this is a present or “live” relationship issue. Many participants enter these relationships after the training with new insights and skills that can help move the relationship to a more productive place. If participants do not have a current stuck relationship, they can practice by using one from the past. We create groups consisting of two or three participants who become each other’s coaching partners. They will practice using the EQ tools while giving each other feedback. This is an opportunity for participants to learn from one another, practice empathic listening, and create rich connections. These small groups can be made up of members from an intact team or individuals from across the organization taking part in an open-enrollment training. Bias/Perception/Stories We facilitate an interactive exercise that shows the tendency to blame and look outside of self when expectations are not met. Coaching partners practice “making it all about the other” to see how it cannot be 100% the other person’s fault in getting the relationship off track. There is a critical choice point in stuck relationships that requires one to have self-awareness and empathy, shifting from a place of blame to recognizing ownership of one’s part in the breakdown. We focus on biases/perceptions/stories and show how the tendency to treat these as facts perpetuates misunderstanding and keeps relationships stuck. We also look at how triangulation and emotional off-loading can harm organizational culture, lower trust, and make it hard for people to feel safe expressing their truth. We stress the importance of open communication and self-disclosure and the impact these actions have on interpersonal and group-level dynamics. Psychological safety. Additionally, confirmatory bias can keep us locked in our stories, where we unconsciously look for things about the other or the situation to confirm our story, making it harder to see facts, the other person’s side, or how someone is a multi-dimensional human being. Devil vs. angel boxes. Mush Separator The Mush Separator is a communication tool that helps one effectively communicate during conflict. This tool can also be used to help prepare for tough conversations or to reflect on a previous conversation that did not go well. Participants practice this tool with coaching from facilitators. The tool helps participants identify facts versus stories, and name emotions and wants. Many people lack the vocabulary and self-awareness to identify what they are feeling in the present moment and that lack of awareness can show up in relationships in unpleasant ways. For example, instead of recognizing that we are feeling scared or hurt, we can get aggressive and mean. The Mush Separator helps people slow things down when emotions are running hot or the conversation gets tense, take a pause, and have clear, clean conversations while maintaining connection with the other. Most organizations will adopt the language of the Mush Separator to encourage authentic communication and use the tool for coaching and delivering feedback. Giving and receiving feedback becomes viewed as an opportunity for growth. Withholding feedback deprives people of the opportunity to gain experience and to build trust in relationships. The team norm of honesty becomes an expression of care. To bring the day together, participants apply the tools learned to their stuck relationship and practice for real-time implementation. Participants receive feedback from triad members to help shape the future conversation. Action Plan We close by creating action plans and look at how participants can support each other in achieving individual goals. Team norms and behaviors are committed to by members of the group. EXHIBIT A 4.D.a Packet Pg. 34 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) Company Profile Pause, Inc. Pause, Inc. performs one-on-one coaching and facilitates domestic and international leadership and team development trainings and retreats. Our experiential training methodology creates high-impact programs that are memorable and transformative learning experiences. All our work from coaching to team building centers on emotional intelligence and authentic communication. Our trainings are like a gym for the limbic system, helping build a solid foundation of emotional intelligence and leadership skills that increase one’s ability to effectively communicate, influence and lead — from all levels within an organization. Clients include Allegro Pediatrics, Boeing, Friends of the Children Seattle, Microsoft, Puget Sound Energy, Seattle University, University of Washington, Washington State Bar Association, and Washington Utilities and Transportation Commission. Hartley McGrath, President, and Owner Hartley McGrath is the owner of Pause, Inc., and an adjunct professor of management at Seattle University. She has over seventeen years of experience in delivering leadership development and team building training experiences in higher education, non-profit, and corporate settings. She co-teaches three graduate courses in Seattle University’s MBA program - Teams, Creativity, and Decision Making, Adventure Based Leadership, and Leading with Emotional Intelligence, which is one of the highest rated electives in the Albers Business School. Additionally, she leads an annual 8-day intensive emotional intelligence course in the Italian Dolomites for students and corporate guests. Hartley studied at Seattle University and received her MBA from Texas A&M - Corpus Christi. She attended the NTL Institute for Applied Behavior Science in Maryland where her studies focused on learning and development, management practices, and organization behavior. Hartleymcgrath@gmail.com 206.245.6999 Updated 06/20/2022 EXHIBIT A 4.D.a Packet Pg. 35 Attachment: Professional Services Agreement with Pause, Inc (3275 : Agreement with Pause, Inc for Staff Training - Authorize) INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington 220 Fourth Avenue South Kent, WA 98032-5895 253-856-4600 DATE: September 20, 2022 TO: Operations and Public Safety Committee SUBJECT: Agreement with Nelson Electric, Inc. for Corrections Internal Cameras - Authorize MOTION: Authorize the Mayor to sign a Public Works Agreement with Nelson Electric, Inc., in an amount not to exceed $150,000, for the purchase and installation of internal cameras at the Kent Correctional facility, subject to final contract terms and conditions acceptable to the IT Director and City Attorney. SUMMARY: Internal cameras at Kent’s Correctional Facility have served their useful hardware lifecycle and need to be replaced. The internal camera system includes technology equipment that delivers surveillance solutions for greater security. These tough and resilient devices provide live views and enable mitigation of security risks and increase safety for inmates and staff. In evaluating suitable replacement options, IT staff selected a system supplied by Nelson Electric Inc. because of the reliability and reputation of their hardware, professional services, and customer support. In selecting Nelson Electric Inc. as our preferred vendor, City bidding requirements were met by utilizing the small works roster managed by Municipal Research Services Center. This small works roster for public works projects process is authorized under sections 3.70.120-.200 of the Kent City Code. Nelson Electric Inc. will supply and install all the necessary hardware. The total contract cost will not exceed $150,000.00. This cost is fully funded and budgeted for in IT’s existing capital budget. BUDGET IMPACT: Public Works Agreement between City of Kent and Nelson Electric Inc. - 2022 Capital Budget - Cost Impact $150,000 SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. 4.E Packet Pg. 36 ATTACHMENTS: 1. Agreement with Nelson Electric (PDF) 4.E Packet Pg. 37 PUBLIC WORKS AGREEMENT - 1 (Over $20K with Performance Bond) PUBLIC WORKS AGREEMENT between City of Kent and Nelson Electric Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Nelson Electric Inc., organized under the laws of the State of Washington, located and doing business at 9620 Stone Ave. N. Suite 201 Seattle, WA 98103, (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: • Exhibit A – Nelson Electric Quote.pdf • Exhibit C – Jail Camera Replacement – RFI.pdf • Exhibit D - Service Rates.pdf The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 30 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed within 30 working days. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $150,000.00, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City’s payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. 4.E.a Packet Pg. 38 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - PUBLIC WORKS AGREEMENT - 2 (Over $20K with Performance Bond) A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor’s signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City’s written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor’s services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor’s services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. 4.E.a Packet Pg. 39 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - PUBLIC WORKS AGREEMENT - 3 (Over $20K with Performance Bond) F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this Agreement. C. The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor’s breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor’s possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a “Statement of Intent to Pay Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of 4.E.a Packet Pg. 40 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - PUBLIC WORKS AGREEMENT - 4 (Over $20K with Performance Bond) all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor, IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 4.E.a Packet Pg. 41 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - PUBLIC WORKS AGREEMENT - 5 (Over $20K with Performance Bond) 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor’s receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's 4.E.a Packet Pg. 42 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - PUBLIC WORKS AGREEMENT - 6 (Over $20K with Performance Bond) performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor’s liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor’s part, then the Contractor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Contractor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. 4.E.a Packet Pg. 43 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - PUBLIC WORKS AGREEMENT - 7 (Over $20K with Performance Bond) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 4.E.a Packet Pg. 44 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - PUBLIC WORKS AGREEMENT - 8 (Over $20K with Performance Bond) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: Print Name: Its (title) DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONTRACTOR: Geoff Newman Nelson Electric Inc. 9620 Stone Ave. N. Suite 201 Seattle, WA 98103 206-349-3812 (telephone) NOTICES TO BE SENT TO: CITY OF KENT: ITA@kentwa.gov City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-4600 (telephone) (253) 856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk 4.E.a Packet Pg. 45 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 4.E.a Packet Pg. 46 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 4.E.a Packet Pg. 47 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 4.E.a Packet Pg. 48 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - BIDDER RESPONSIBILITY CRITERIA - 1 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (March 28, 2022), the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Nelson Electric Inc. By: __________________________________________ Signature of Authorized Official* Printed Name: _________________________________ Title: ________________________________________ Date: ________________________________________ City and State: _________________________________ *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. 4.E.a Packet Pg. 49 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - NELSON ELECTRIC INC. Electrical Contractors Since 1951 Design • Construction • Service February 7, 2022 To: Mr. Brian Rambonga City of Kent Subject: Bid Response for City of Kent Jail Security Camera Replacement per provided RFP, and our site survey. Base Scope of Work CCTV: New Cat 6 wiring to all new Camera locations. o Provide and install new Cat 6 wiring to all new Camera locations (42) per provided plans. o Provide and install new rack mount patch panels in existing technology closets as required for all new camera runs. (Will use open ports if available). o Provide and install (42) new interior Axis IP cameras per provided schedule in Jail and Annex locations per provided RFP. o Provide and install any new sleeves for new cable entrance to IDF closet locations as needed. o Provide and install new conduit protection in open areas back to closest wall or ceiling space per provided RFP. o Remove abandoned CCTV cameras, conduit and wiring as identified in provided plan, return to City of Kent designated location, or person as directed. o Maintain existing cameras and wiring until new system is online per provided RFP. o Assist client IT staff in bringing new system online, ad justing camera views one time as directed. o Document installation per customer specification. Base Bid: $ 108,656.00 (Excludes WSST) Assumptions and Clarifications of Scope: o Nelson will label and certify all cables per customer specification. o We assume the space will be unoccupied for access to our work. o Our proposal is based on normal working hours, Day shift 7AM-5PM. o We will dispose of our trash in a dumpster provided and maintained by others. o Low voltage cabling permit allowance is included. o Label, terminate and test per EIA/TIA cabling standards. o Price is based on work being performed in one continuous phase. o We have an allowance included for Lift access as required. o Nelson reserves the right to request a change order for any impact associated with changes in the construction schedule. 4.E.a Packet Pg. 50 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - Page 2 of 2 Exempt from Scope: o Unforeseen circumstances or conditions not readily apparent. o Door Hardware (electric locks, strikes, panic bars) or any cutting and or patching of door frames. o Software licensing for any active equipment, recurring access to tech support etc. o ONSSI programming of any of the new Cameras, we will assign IP addresses (provided by client) for new cameras only. o Service entrance cabling for all systems (phone, network etc). o Sales tax and bond. o Premium time. o Plywood backboards. o Conduit, cores, sleeves and pull-string, unless specified. o Cable tray outside of telecom rooms. o Telephone switch and active network equipment, unless specified. o Builder’s risk or OCIP premiums or deductibles as may be required or levied. Acceptance of Quotation: ______________________________________ _______________________ Signature Date ______________________________________ _______________________ Print Name/Title Purchase Order No. Please contact me at (206) 349-3812 if you have any questions. Sincerely, Geoff Newman, RCDD Nelson Electric Inc. 4.E.a Packet Pg. 51 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 4.E.a Packet Pg. 52 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 4.E.a Packet Pg. 53 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - CITY OF KENT JAIL SECURITY CAMERA REPLACEMENT REPLACEMENT OF INTERNAL CAMERAS 4.E.a Packet Pg. 54 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - 1 Table of Contents Location ......................................................................................................................................................... 1 About City of Kent Jail Camera System ......................................................................................................... 2 Removal of Old Cameras and Cabling ........................................................................................................... 3 Installation of 42 New Cameras .................................................................................................................... 3 Integration with Existing Siemens Control System ....................................................................................... 4 Relevant Information .................................................................................................................................... 4 Network Equipment .................................................................................................................................. 4 OnSSI Servers and Storage ........................................................................................................................ 4 Legend ....................................................................................................................................................... 5 Timeline......................................................................................................................................................... 5 Questionnaire ............................................................................................................................................... 5 Quote ............................................................................................................................................................ 8 Contact Information ...................................................................................................................................... 9 Agreement .................................................................................................................................................... 9 Location 1230 Central Ave S Kent, WA 98032 4.E.a Packet Pg. 55 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - 2 About City of Kent Jail Camera System The City of Kent Jail is a housing facility for misdemeanant offenders. There are 7 bed/containment units capable of housing as many as 130 male and female inmates. It is staffed by 27 Corrections staff. Movements are controlled by a Siemens control system and monitored by existing analog cameras managed through a DVR system. External perimeter cameras have been upgraded to Axis IP based cameras managed through an OnSSI system. While the external perimeter cameras have been replaced the internal cameras are obsolete and require replacement. All internal cameras, 38 within the jail and another 5 in an offsite annex building, will be replaced with 42 new Axis IP based cameras. This work will include: • Removal of the old cameras and cabling where practical. • Installation of new cameras and cabling terminated at the technology closet. • Integration of new cameras with existing Siemens control system. 4.E.a Packet Pg. 56 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - 3 Removal of Old Cameras and Cabling a. Remove all conduit from existing cameras. b. Remove all cabling from existing cameras. c. Dispose of all material and devices deemed waste by City of Kent. i. Cabling doesn’t need to be removed where not reasonably able without damaging other wiring or utilities. ii. Existing cameras must remain operational until new cameras are made available to jail staff. iii. Handling and disposal of all materials and devices shall be done in accordance with RCW Chapter 70.95 – Solid Waste Management – Reduction and Recycling. Installation of 42 New Cameras a. Install 37 Axis cameras at the jail. i. Axis Q3515-LV (qty 6) ii. Axis Q9216-SLV (qty 7) iii. Axis P3715-PLVE (qty 4) iv. Axis P3807-PVE (qty 15) v. Axis P3727-PLE (qty 1) vi. Axis M3057-PLVE (qty 4) b. Install 5 Axis cameras at the Jail Annex i. Axis Q3515-LV (qty 1) ii. Axis Q3515-LVE (qty 1) iii. Axis P3807-PVE (qty 2) iv. Axis P3727-PLE (qty 1) c. Install camera in IPv66 rated enclosures when possible. d. Install conduit from camera enclosure to wall or ceiling penetration. e. Provide and install 4” conduit sleeve directly above technology closet for access into the closet. All Cat6 Ethernet cabling from new IP cameras will pass through this sleeve for termination on the rack mounted patch panels in the closet. f. Run Cat6 rated Ethernet cabling from technology closet to all new IP based cameras. i. Cables will be run through common paths where possible. g. At each camera location, Cat6 cable will terminate with an RJ45 Ethernet connector as required for the camera connection port. h. Label cabling at technology closet patch panel and RJ45 termination closest to camera. i. At the technology closet, all Cat6 Ethernet cables will be terminated on rack mounted patch panels. If not, enough empty ports exist, vendor will furnish and install patch panels as needed. The City of Kent will identify rack location for the required patch panels. j. Site-in cameras. i. Make changes to the camera view angle as required by Cmdr McCuistion or assigned staff. k. Assign IP addresses to cameras i. City of Kent IT will provide IP assignments. 4.E.a Packet Pg. 57 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - 4 Integration with Existing Siemens Control System Once the camera installation is complete, the new cameras need to be integrated into the existing Siemens control system. Camera views are connected to certain buttons/controls. When certain tasks are performed from the control center, specific camera views are displayed on surrounding monitors or consoles. These views are typically a batch of keystroke commands that are sent to the cameras for retrieval of specific camera views. These ‘command strings’ would need to be updated to use the new IP cameras. Vendor to define/template logistics for cutover. • Facilities for data center. • IT for network and technical infrastructure. • Corrections for existing camera and control system. Relevant Information Network Equipment Network switches will be purchased, configured, and installed by the City of Kent IT Dept. upon the vendor completing installation of cameras and terminating cables in the technology closet patch panels. City of Kent IT Dept. will also provide and install all fiber and copper patch cables required to connect the new camera infrastructure to the City of Kent data network. OnSSI Servers and Storage OnSSi servers and related storage equipment will be purchased, configured, and installed by the City of Kent IT Dept. upon the vendor completing installation of cameras and cabling. City of Kent IT Dept. will be responsible for camera recording, storage, and retention schedules. 4.E.a Packet Pg. 58 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - 5 Legend Timeline 1. Kent City Hall UPS Location Walkthrough – Week of 4/18/22 2. Vendor Proposals and Quotes Due – 5/6/22 3. Vendor Selection – 5/13/22 Questionnaire 1. Provide applicable SLA for the proposed solution. a. What is your maintenance and support structure? We offer 24/7 support via a toll free number with multiple technicians on call. Our office is local with access to our local stock as well as suppliers located in Kent and Renton. i. What is applicable cost? Current costs are Site Calls of $150 and hourly labor at $250. OT and same day it 1.5x. Holiday is 2.0x b. What is warranty for hardware? Axis offers a 5 year warranty on hardware. Their warranty can be found HERE. c. Define the support process – camera replacement/upgrade/fix? 4.E.a Packet Pg. 59 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - 6 Our service department can be reached by email, fax, or phone 24/7. After 4pm we switch phones to our on-call technicians with an integrated IP based call system. The first tech is called and then rolls to the second if the first is not available. We also offer the direct cell numbers of the technicians as well as office staff and the owner. That allows several ways to contact people. It is rare to need to contact the second, or third person, but with phone outages, dead batteries, etc. we make certain our clients have several methods to contact us. The service itself for cameras is straightforward. Our technicians carry IP based camera testers as well as wire and network testers. We can test the camera, the physical wire and the wire rating and speed as well as the connectors. We also have the ability to diagnose much more than the City will need from us. Those capabilities are services such as POE, Switch, Managed Switch, IP configuration, Firewall and Router diagnostics and repair. d. Would you be willing to support all Kent closed circuit cameras? Yes. This would need to be discussed in more detail as to the level of care, service, pricing and rollout. E.g. We would need to take over the City’s services slowly, design a game plane, perform site surveys, create hardware profiles for each location (with IP address, MAC address, switch models, etc.) 2. Provide the contact information (name, phone number, email) for three references (preferrable Corrections facilities). Medallion Foods is a high end food processing facility that must incorporate top level CCTV surveillance to maintain quality of food as well as protect against bio-terrorism. In many ways the camera system we installed for them (license plate recognition, 24/7 conveyor belt cameras, fish eye, laboratory surveillance, and ½ a petabyte of data storage with foundational elements for cloud storage) is equivalent or higher tech than what we will install for the city of Kent. Medallion Foods Inc Bob Martin Maintenance/Project Manager 18420 50th Avenue East Tacoma, WA 98446 bob@medallionpasta.com Cell 253 961-4062 Union Gospel Missions has several locations the most relevant is the Men’s shelter located in downtown Seattle. This facility has many attributes of a jail, (access control, a control center manned by security, etc) It is a housing and aid facility for drug addicts, homeless men, etc. We have installed access control, cameras, intercom systems, wrought iron gate systems, etc. 4.E.a Packet Pg. 60 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - 7 Tony Schuling Director of Facilities and Capital Improvements Seattle’s Union Gospel Mission tschuling@ugm.org 206-678-8938 Milgard Windows has several plants in Fife, WA. (at least 6) We have worked all aspects of their security, most recently the integration of vehicular gates into their access control. Their security ranges from tracking the nearby homeless population via camera (and now through the new security gates) to access control, alarms, and physical locks. Nick Lien System Administrator Direct 253-896-2462 Milgard Windows & Doors NickLien@milgard.com Other client references can be provided by request and approval of our end client. They include banks, Federal Facilities, Port facilities, etc; and include installations such as vault cameras, explosion proof cameras and all corresponding explosion proof wiring, high security areas that require an escort at all times, etc. 3. Tell us about the upgrade lifecycle (software and hardware) for this solution. Axis cameras currently enjoy one of the best warranties, technical support, design solutions, and company personnel support of all the camera manufacturers. As an example, please note the below image. 4.E.a Packet Pg. 61 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - 8 This demonstrates a camera that was discontinued in the last two years. The company makes it clear that it will be supported (hardware, technical support, and firmware) until 2027. Even after that, Axis offers technical support and has been known to update firmware if the situation warrants a major fix; they do not want to tarnish their reputation by allowing cameras that require a fix to go unattended. Axis also has partner programs with companies such as Wesco, a worldwide company that is building its newest warehouse in Kent with an IP camera Lab. Beyond that they work with partner programs such as the one we at ESI enjoy. This allows us to coordinate with Axis reps like Paul Schlichler who visited the site and helped design the system. Paul and his staff are known as FSE (Field Sales Engineers) and are available to help us at ESI diagnose, repair, and solve many issues that might arise in the future. All of this still comes with the standard 5-year warranty on hardware. If a camera is discontinued in that time frame ESI will have access to private stock off the discontinued model. If for some reason that private stock is depleted, and the camera cannot be repaired, then we will update the camera to the newest model at no charge for hardware costs; labor costs still apply. Quote Hardware Product Description Quantit y Price/Each Price Q3556-LVE 9MM 4MP CAMERA 7 $1,323.00 $9,261.00 Q9216-SLV 4MP IP66 LED W/MICROPHONE 7 $1,465.50 $10,258.50 P3715- PLVE 360 DEGREE IR 4 $1,147.50 $4,590.00 P3807-PVE 180 DEGREE OUTDOOR 17 $1,720.50 $29,248.50 P3727-PLE 8MP PTZ WDR 2 $1,720.50 $3,441.00 M3507- PLVE 6MP MKII SENSOR 4 $828.00 $3,312.00 Q3536-LVE 22MM DOME 1 $1,338.00 $1,338.00 4.E.a Packet Pg. 62 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - 9 SUPPLIES CAT6 PLENUM, CONDUIT, CONNECTORS, ETC 1 $25,000.00 $25,000.00 Total Cameras 42 Sub Total $86,449.00 Labor Install 42 cameras at designated locations. After install, remove former CCTV system; existing CCTV system will remain active until new system is functional. Install all associated wire, cabling, conduit, and mounting hardware. Wires to be run to IT closet in garage and terminated for City employees to connect and add to the network. Does NOT include integration to the facility’s control panel. . Labor Sub Total $168,000 Project Total: $254,449.00 Contact Information Please direct all work questions/inquiries to the City of Kent project team: • Brian Rambonga, Project Manager o brambonga@kentwa.gov • Galen Hirschi, Network Engineer Supervisor o ghirschi@kentwa.gov • Chris Beagle, Network Engineer o cbeagle@kentwa.gov • James Endicott, Infrastructure and Security Operations Center Manager o jendicott@kentwa.gov Agreement PW-Over 20K-With Performance Bond.docx 4.E.a Packet Pg. 63 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - TO: ATTN: Service Level Response Labor rate:Service Level Response Labor rate:Service Level Response Labor rate: 8 hour turnaround 8 hour turnaround 4 hour turnaround LV Security Service Tech M-F 7AM-6PM $105.00 After Hours, Saturdays $157.50 Sundays, Holidays $195.00 (Includes Truck and Tools) LV Security Project Tech $95.00 $135.00 $175.00 LV Security Installer $80.00 $120.00 $150.00 LV Communications Service Tech M-F 7AM-6PM $105.00 After Hours, Saturdays $157.50 Sundays, Holidays $195.00 (Includes Truck and Tools) LV Communications Project Tech $85.00 $127.50 $165.00 LV Communications Installer $80.00 $120.00 $157.50 Fiber Restoration Technician M-F 7AM-6PM $125.00 After Hours, Saturdays $187.50 Sundays, Holidays $205.00 (Includes Truck and Tools) Fiber Installation Project Tech $105.00 $157.50 $195.00 Fiber Installer $85.00 $135.00 $175.00 LV Project Manager, RCDD design Anytime $105.00 Anytime $105.00 Anytime $105.00 These rates are based upon T&M Projects, quoted jobs to be at negotiated composite rate These rates for the LV Technicians are based on Union scale from January 1, 2022 to Dec 31,2022 Sincerely, Geoff Newman Systems Group Nelson Electrical Services Low Voltage Installation Technician Rate Schedule: 9620 Stone Ave N Seattle WA 98103 Phone: (206) 523-4525 Fax: (206) 527-9539 gnewman@nelsonelec.com City of Renton Service Rates 2022 220 4th Ave S Kent WA 98032 206 527-9539 Mr. Brian Rambonga 5/10/2022 Low Voltage Technician Labor Rate Schedule: Licensed IBEW 06 Technicians Communications • LV Service • Lighting & Maintenance • Design-Build Electrical Thank you for considering Nelson for your projects. We look forward to your authorization to proceed on the above referenced agreement. This quote will be subject to review and subsequent revisions after 90 days. If you have any questions, or if we can be of further assistance, please contact me at 206 349-3812. City of Kent Rates 2022.1xls.xlsx 4.E.a Packet Pg. 64 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - PAYMENT AND PERFORMANCE BOND Page 1 of 2 PAYMENT AND PERFORMANCE BOND TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, _______________________________________ as Principal, and ____________________________________________________ a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of ___________________________________ (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by 4.E.a Packet Pg. 65 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - PAYMENT AND PERFORMANCE BOND Page 2 of 2 law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. TWO WITNESSES: PRINCIPAL (enter principal’s name above) ________________________ BY: _________________________ ________________________ TITLE: _________________________ DATE: ___________________ DATE: _________________________ ________________________ CORPORATE SEAL: ________________________ PRINT NAME DATE: ___________________ ________________________________ SURETY CORPORATE SEAL: BY: _____________________________ DATE: ___________________________ TITLE: ___________________________ ADDRESS: _______________________ ________________________________ CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that _________________________________________ Who signed the said bond on behalf of the Principal ___________________________ Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. ________________________________ SECRETARY OR ASSISTANT SECRETARY P:\Civil\Forms\Contracts, Releases\PerformanceBond.doc 4.E.a Packet Pg. 66 Attachment: Agreement with Nelson Electric (3276 : Agreement with Nelson Electric, Inc. for Corrections Camera Purchase and Installation - ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, AICP, EDFP 220 Fourth Avenue South Kent, WA 98032 253-856-5454 DATE: September 20, 2022 TO: Operations and Public Safety Committee SUBJECT: Consultant Services Agreement with MIG, Inc. for the 2024 Comprehensive Plan Update - Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with MIG, Inc., in an amount not to exceed $544,090, for the 2024 Comprehensive Plan Update, subject to final terms and conditions acceptable to the Economic and Community Development Director and City Attorney. SUMMARY: In Washington, cities are required to adopt comprehensive plans that comply with the Growth Management Act (GMA). Per the GMA, Kent and other cities planning under the GMA must conduct a periodic update of their comprehensive plans every eight to ten years. The City’s existing Comprehensive Plan was last updated in 2015 and the deadline for the next periodic update is December 2024. The periodic update will be led by the City’s Economic and Community Development Department. This Consultant Services Agreement with MIG, Inc. will provide additional staffing and expertise to perform a complete review of the existing Comprehensive Plan, facilitate equitable outreach, update the Comprehensive Plan document in accordance with state and legislative priorities and updates, and complete a SEPA environmental impact review. The consultant team is based in Seattle and has expertise in community visioning, strategic planning, landscape architecture and urban planning and design. MIG, Inc. is an established multidisciplinary firm, including staff biologists, scientists, environmental compliance experts, and civil engineers, adding expertise to the Comprehensive Plan update. MIG, Inc. shares values core to the City of Kent, such as equitable and inclusive community involvement, sustainably built environments, and environmental stewardship. If this contract passes out of Operations and Public Safety Committee, it will also proceed to Council for final action on the Consent Calendar of the City Council meeting agenda tonight. BUDGET IMPACT: The Comprehensive Plan periodic update is a part of the City’s Economic and Community Development Department workplan. The City is applying for a $325,000 grant through the Department of Commerce to offset the costs of 4.F Packet Pg. 67 this work. 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. ATTACHMENTS: 1. Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (PDF) 4.F Packet Pg. 68 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Moore Iacofano Goltsman, Inc (dba MIG, Inc) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Moore Iacofano Goltsman, Inc (dab MIG, Inc) organized under the laws of the State of Washington, located and doing business at 119 Pine St, Suite 400 and 206-223-0326 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: MIG will be performing a major update to the cities comprehensive plan, outreach, and an environmental impact statement/review in accordance with the attatched scope of work, Exhibit A. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by December 31, 2024 . III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $544,090, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit C. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant 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 Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible 4.F.a Packet Pg. 69 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant 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 Consultant due to a force majeure event. 4.F.a Packet Pg. 70 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then the Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and 4.F.a Packet Pg. 71 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant 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. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. 4.F.a Packet Pg. 72 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant 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 Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 4.F.a Packet Pg. 73 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Daniel Iacofano, CEO Moore Iacofano Goltsman, Inc 119 Pine Street, Suite 400 Seattle, WA 98101 (206)223-0326 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Kristen Holdsworth, Long Range Planning Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5441 (telephone) (253) 253-856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk [In this field, you may enter the electronic filepath where the contract has been saved] 4.F.a Packet Pg. 74 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 4.F.a Packet Pg. 75 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 4.F.a Packet Pg. 76 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 4.F.a Packet Pg. 77 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 4.F.a Packet Pg. 78 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 4.F.a Packet Pg. 79 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ 4.F.a Packet Pg. 80 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with City of Kent Comprehensive Plan Update 1 SCOPE OF WORK 1 OVERALL PROJECT MANAGEMENT AND TEAM OVERSIGHT 1.1 TASK 1.1: PROJECT MANAGEMENT/TEAM OVERSIGHT MIG’s Project Manager and Principal-In-Charge will provide overall team coordination and project management for the duration of the contract. MIG will coordinate with the Kent City Project Manager on general logistics, planning and deliverables, and public events. This task includes regular oversight of the statement of work, project team coordination, subconsultant management and coordination, budget management, and QA/QC monitoring, as well as ad hoc voice and e-mail communications. 1.2 TEAM MEETINGS/COORDINATION CALLS MIG will coordinate with the City to schedule and facilitate up to 80 bi-weekly project management team coordination meetings or conference calls focused on moving tasks forward and addressing project issues as they arise. MIG will provide a brief e-mail summary of the coordination meeting, documenting project decisions and next steps, as applicable. These meetings will be primarily by phone or Zoom but will also include internal work sessions with City staff or stakeholders in addition to covering general project issues. Deliverables: •MIG will provide project oversight, regular coordination with City Project Manager/Project Management Team •Bi-weekly, one-hour coordination meetings, meeting summaries Assumptions: •The project duration will begin in 2022 and complete in 2024 2 PROJECT INITIATION AND INFORMATION GATHERING 2.1 PROJECT KICKOFF MIG and Fehr & Peers will coordinate with the City to schedule and facilitate a virtual or in-person three-hour kickoff meeting to (1) identify measures of success; (2) refine the draft scope of work, budget, and schedule for the overall effort; (3) define key elements, task dependencies, and completion of the project; (4) develop a strategy to establish the project advisory committee; (5) discuss expectations around the outreach strategy, including the extent of translation services, and regular updates to elected officials; and (6), the critical issues and potential measures of success that are most important to address in the project and how that should be reflected in the early community visioning tasks. 2.2 PLANS REVIEW MIG will review, summarize, and identify relevant information from existing documents (supplied by the City) that could be used for the Comprehensive Plan update. The memorandum will include a brief summary (one to two paragraphs), key findings, and how the plan information will be incorporated in the update process. EXHIBIT A 4.F.a Packet Pg. 81 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with 2 City of Kent Comprehensive Plan Update 2.3 COMPREHENSIVE PLAN REGULATORY AND EQUITY ASSESSMENTS 2.3.1 Regulatory Assessment The MIG Team will review the existing Comprehensive Plan and facility plans against the current Puget Sound Regional Council, County, Growth Management Act, and SEPA requirements to identify what components of the Comprehensive Plan are out of date. The MIG Team will use the Department of Commerce Periodic Update Checklist for Cities (2022) to develop a matrix that identifies if the current plan addresses the item and if changes or additions are necessary to meet current GMA and SEPA requirements. The expanded matrix will include (1) the comprehensive plan section, (2) existing content, and (3) a discussion of potential policy considerations needed. The outcome of this task will be a clear understanding of where major and/or minor changes to the existing Comprehensive Plan will be required. 2.3.2 Equity Assessment MIG will complete an equity assessment of the existing Comprehensive Plan to identify potential policy elements that may have or are currently contributing to creating or perpetuating inequities in Kent. The equity assessment will be presented in a separate matrix and report with findings and recommendations that will be used to inform the development of Comprehensive Plan. The assessment will begin with a preliminary review using a list of screening questions that are centered on equity and inclusion. As part of Task 3.2, MIG will develop a set of questions for City Staff that are responsible for the implementation of current policies and programs to understand the unintentional biases or outcomes that are inequitable to historically under-represented groups. An initial set of recommendations will be presented to the project team and their inclusion as a lens or policy to the comprehensive plan will be discussed. Following staff input, MIG may conduct additional targeted data gathering and/or focused conversations, at the request of staff. 2.4 BASELINE CONDITIONS ANALYSIS MIG will develop a webmap of publicly available information that can be accessed through the City’s website that provides information about existing conditions, including land use and environmental layers, transportation, and other information as available. MIG will create visual outputs to develop a 10-15-page map book with key statistics that identify baseline land use and population information for the City and team members to use in developing the future land use map. t 2.5 LAND USE AND PLANNING BOARD AND CITY COUNCIL WORK SESSION Following City staff review and approval, MIG will present the Regulatory and Equity Assessment at a Land Use and Planning Board and City Council work session or other appropriate venue and format, determined by the City Council. MIG will update the audit analysis following the meetings. Deliverables: • Internal coordination to prepare for kickoff and project chartering • Preparation for and facilitation of the internal project kickoff, including measures of success and meeting summary 4.F.a Packet Pg. 82 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with City of Kent Comprehensive Plan Update 3 • Data-Request Table • 10–15-page map book with land use, population and environmental statistics • Development of a webmap application with baseline GIS information (see tasks 4.3-4.9), including but not limited to: Existing conditions Environmental or sensitive use areas Current zoning/land use map Projected growth areas Transportation and existing infrastructure Future land use map (when developed) • GIS layers and data packaged for the City • Draft and final Plan Review Memorandum • Plan Regulatory and Equity Assessment Matrix • Attendance and presentation at a Land Use and Planning Board, City Council work session or an appropriate format and venue that will be pre-determined by Staff or City Council. Assumptions: • Format of the kickoff meeting will be determined by the City If virtual, MIG will provide the zoom link If in-person, the City will coordinate the meeting room • MIG will be granted access to the City’s website • Project website will be hosted on the City’s website and managed by City staff • The City will provide the available data and documents requested in the Data-Request Table with the first package of available data to be delivered no more than 3 weeks of the date of the request. Additional time may be granted but not without possible impacts to the project schedule. 3 PUBLIC COMMUNICATIONS AND OUTREACH 3.1 PUBLIC ENGAGEMENT PLAN MIG will develop a Public Engagement Plan to engage the community that lives, plays, and works in Kent. The Public Engagement Plan (PEP) will identify the tools, techniques, and anticipated timing for major events, including the incorporation of the Equity Assessment initial review. The PEP will also include recommendations for groups and departments that the City may want to include in the Project’s engagement and outreach and potential messaging language. MIG will coordinate closely with the City’s Race and Equity Manager and use the Race and Equity Strategic Plan as a foundation to the plan to ensure the PEP will provide direction on the type and location of meetings, potential partnering opportunities with existing community-based organizations, events, social media outreach, and demographics in the area that require focused outreach and specific strategies to meet those 4.F.a Packet Pg. 83 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with 4 City of Kent Comprehensive Plan Update needs. The EEP will focus on providing opportunities that include: • Interactive and multigenerational engagement through multiple platforms; • Goals and strategies for outreach, including for BIPOC and other community members who may not attend a traditional meeting; • In-person and online events, including marketing, platforms, and analysis assumptions; • Recommendations to attract and retain local community and nonprofit partners as part of the project chartering and advisory groups; • General schedule and types of events, including staffing needs and social media support; • Mailing and outreach recommendations; • Metrics, anticipated activities and target audiences, and a schedule for both in-person and online events; • Content translation of written and online materials (promotional posters, flyers, and mailers, etc.) in Spanish 3.2 STAKEHOLDER MEETINGS AND FOCUS GROUPS MIG will facilitate up to 10 individual stakeholder meetings or focus groups or roundtable interviews to identify key issues and opportunities that should be addressed during the Comprehensive Plan process and determine ways to better partner with and engage hard-to-reach populations. The City will contact and organize the meeting attendees. Focus groups may include City staff and leadership to understand points of agreement/disagreement prior to beginning the Comprehensive Planning process. MIG will facilitate the meetings and provide a summary of input following the conclusion of all meetings and focus groups. The results of these stakeholder meeting(s) will be incorporated into the Public Engagement Plan, as applicable. 3.3 COMMUNITY ADVISORY COMMITTEE MEETINGS MIG will work with the City to plan for and facilitate Community Advisory Committees to review and provide input on the project at major project milestones. MIG assumes up to six meetings scheduled to coincide with major deliverables and City Council meetings. 3.4 PUBLIC ENGAGEMENT TOOLKIT MIG will develop an outreach toolkit to assist community partners and City staff to communicate project updates and solicit and collect feedback. The outreach toolkit will include substantive components needed for the City to conduct pop-up events and other outreach activities. Toolkits will include the following items: • A facilitator’s guide that identifies the purpose and the desired outcomes of each engagement activity; • Pop-up event display boards and instructions; • Agenda templates and sign-in sheets; and 4.F.a Packet Pg. 84 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with City of Kent Comprehensive Plan Update 5 • Instructions for providing feedback through the City’s website. 3.5 PUBLIC MEETINGS 3.5.1 Community Kickoff and Scoping MIG will work with the City to organize and facilitate a two-hour general workshop/open house that introduces the project and vision developed prior to the Comprehensive Planning process. The anticipated outcomes of this meeting are to: • Introduce community members to the project if they haven’t been part of the earlier visioning process; • Confirm major vision elements and goals; • Gather input to develop citywide land use scenarios; and • Identify topic areas to be covered for SEPA (this meeting will meet SEPA scoping requirements). The meeting will consist of educational and interactive events to identify important locations and issues, as well as identifying potential areas where future population and public amenities should be located. This exercise will also be accessible online through the City’s website to gather additional input. Following the in-person and online event, MIG will provide a meeting summary in PowerPoint that identifies key findings and anticipated next steps. MIG will provide draft language for the open house for the City to use in promoting the community event, following approval of the design and layout by the Multimedia group. 3.5.2 Community Priorities and Values Workshop MIG will work with the City and community partners to host and facilitate a Kent Community Priorities and Values Workshop. This event will also be hosted online through the project website that can mimic our proposed approach to the in-person event. This workshop will consist of the following: • Open house components that provide project information. • Confirmation existing visions part of recently completed and adopted guiding plans still resonates with the community and city. • Structured workshop with large and small workgroups to refine draft policy language and review and provide input on future growth. At the same time as the meeting, MIG will launch an online, interactive platform where users can provide input on the major elements of the plan and land use scenarios; ask policy framework questions; and place georeferenced pins on maps to identify specific locations and provide comments. The in-person and online workshop will gather community input on the scenarios and policy considerations that will be incorporated into the Policy Framework and a preliminary future land use map. The results of this meeting will be compiled into a PowerPoint of results and an accompanying written summary that will be vetted with local neighborhood and business interests, landowners, advisory committees, and the City through the project website. 4.F.a Packet Pg. 85 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with 6 City of Kent Comprehensive Plan Update MIG will prepare one postcard mailer (or similar) that the City can use to distribute via mail. City will be responsible for printing and distribution. 3.5.3 Draft Comprehensive Plan Open House After the Administrative Draft Plan is completed, MIG will coordinate with the City to host an in-person and online open house to provide the community with an opportunity to discuss the entire draft plan and provide comments. This open house will include displays of the draft plan and interactive ways to identify priority elements and policies. MIG will use a similar online platform as other meetings to provide input on the Draft Plan. The results of this meeting and online input will be compiled into a PowerPoint of results that will be vetted with local neighborhood and business interests, landowners, advisory committees, and the City. MIG will provide draft language for the open house for the City to use in promoting the community event, following approval of the design and layout by the Multimedia group. 3.6 PROJECT WEBSITE AND LOGO MIG will coordinate with the City Multimedia group to develop a project landing page using the City’s existing web portal. The project landing page will allow users to sign up for automatic email notifications when new project information is posted on the website, review the latest information, and download public documents related to the project. MIG will maintain comment logs throughout the duration of the project and will update the website as new project information becomes available during the project, particularly at major milestones and events. MIG assumes that the project website and content will be translated using in-house MIG resources or a third-party organization in coordination with the City’s Multimedia group. MIG will also create a project logo and color scheme for the project landing page that will also be used for project deliverables. Deliverables: • Draft and Final Public Engagement Plan (PEP) • Preparation, attendance, facilitation, and summary of up to 10 stakeholder meetings, focus groups, or interviews • Preparation, attendance, facilitation, and summaries of up to six Community Advisory Committee meetings • Development of materials for a public engagement toolkit for City and community use • Design of mailer for Community Kickoff Open House, Communities Priorities Workshop, Draft Future Land Use Map Open House, and Draft Comprehensive Plan Open House • Preparation, attendance, facilitation, and summary of public kickoff. MIG will provide design of all materials • Preparation, attendance, facilitation, and summary of Community Priorities Workshop with on- demand polling (MIG to provide equipment) and online survey 4.F.a Packet Pg. 86 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with City of Kent Comprehensive Plan Update 7 • Materials budget includes resources to conduct social media add-buys to ensure equity population- focused outreach • Preparation, attendance, facilitation, and summary of the Draft Plan Open House with online survey • Project landing page and logo • Translation into Spanish for public involvement materials, as needed Assumptions: • City staff will lead the recruitment of stakeholder meetings, focus groups, or interviews with support from the MIG • City staff will lead the community promotions of workshop and open houses. MIG will provide draft language • Spanish translation of Task 3.4 will be provided and other languages will be an add-service or the responsibility of City staff • In-person translations at public meetings will be discussed with City staff prior to the event • MIG attendance at up to 12 community events for the duration of the project • City staff will lead printing and distribution of mailers • Draft online surveys will be reviewed by the City and revisions and comments will be returned within 2 weeks from delivery 4 COMPREHENSIVE PLAN 4.1 CHAPTER 1: PROFILE AND VISION MIG will update the introductory chapter of the existing comprehensive plan, as needed, with information from the current plan update planning process, organization of the plan, and provide an overview of the public engagement process. The community profile will be updated with the most recent information from the US Census Database and the American Community Survey, the Puget Sound Regional Council, and other sources that have verified recent demographic and employment trends data. This will include graphics and imagery used for this chapter. MIG will also incorporate information from the previous tasks to develop the project vision. Deliverables: • Draft and final Chapter 1, including plan cover and front sections 4.2 CHAPTER 2: LAND USE ELEMENT 4.2.1 Land Use Baseline Analysis and Affected Environment MIG will coordinate with the City to develop a baseline land use scenario that incorporates the County’s buildable lands inventory and existing GIS information from the City. The baseline analysis will be developed in Urban Footprint to establish a foundation for the alternatives analysis. Maps will also be placed on a webmap for staff review. As part of the baseline analysis, MIG will develop an effected environment memorandum that will be used for 4.F.a Packet Pg. 87 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with 8 City of Kent Comprehensive Plan Update SEPA documentation that characterizes the existing conditions within Kent Urban Growth Area (UGA). The City will provide GIS data, as available, to complete the task. MIG will complete the following analysis: • Existing land use information for existing City Limits and the Urban Growth Area as available that includes: Comprehensive Plan and zoning designations; Vacant and developed parcels; Existing land uses; Parcel size; Redevelopable land based on land- to-improvement value calculations; Natural resources and identified critical areas, parks, and open spaces; and Topography and environmental constraints. 4.2.2 Land Use Classifications Using the existing Comprehensive Plan and zoning designations, MIG will coordinate with the City to determine if new or revised Comprehensive Plan land use classifications should be considered to accommodate projected growth. Comprehensive Plan land use classifications will be vetted as part of the Community Priorities Workshop and will inform the land use scenarios. The land use classifications will include: • Preliminary generalized land use classifications that accommodate existing zoning and comprehensive plan designations. • Identification of new classifications, as needed, to address future land uses that may be included on a future land use map. MIG will create a user-friendly infographic that explains the draft Comprehensive Plan land use classifications with images and brief narrative to illustrate the expected development that could occur. 4.2.3 Future Land Use Scenarios MIG will develop up to three land use scenarios that build from the baseline analysis, incorporating community input gathered and technical analysis completed during the project to date. MIG will use GIS and Urban Footprint to develop the scenarios. For each scenario, MIG will provide outputs for a series of indicators, including what is needed for SEPA compliance, the Department of Commerce, and from the local preference and community needs to differentiate between development alternatives. MIG and the City will determine which indicators to analyze, but these could include jobs/housing balance, land use mix, greenhouse gas emissions, infrastructure demand and available capacity, and transportation impacts. All scenarios will document potential development capacity and how well each accommodates projected growth targets. MIG assumes that infrastructure (e.g. sewer, water, stormwater) capacity analysis will be completed by the City. MIG will provide housing units, commercial square footage etc, necessary to assess capacity. MIG will coordinate and provide draft scenarios to the City’s Sanitary Sewer Comp. Plan (SSCP) consultant in order for the SSCP to incorporate likely future demands into 4.F.a Packet Pg. 88 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with City of Kent Comprehensive Plan Update 9 the sewer model (sewer modeling expected mid 2023). MIG will also coordinate with the Fire Authority to address fire flow requirements as it relates to water modeling. MIG will review the adopted Downtown Planned Action Ordinance and incorporate any growth projections/scenarios/assumptions in the development of the future land use scenarios and will be evaluated in Task 5.3. This task will result in memorandum formatted to be a chapter of the SEPA EIS that includes and brief narrative of each of the alternatives, plan view maps and data outputs, precedent imagery, and a summary of findings from the scenario modeling tool that will be used to support SEPA documentation for the Comprehensive Plan. 4.2.4 Recommended Future Land Use Scenario/Future Land Use Map Based on public input and technical analysis, MIG will develop a recommended future land use scenario using the same indicators for the preliminary future scenarios to confirm growth targets are met and community vision and goals are achieved. MIG will export all land use information to GIS and create the recommended Future Land Use Map with updated (as needed) Comprehensive Plan land use classifications. MIG will update Chapter 2: Land Use with precedent imagery to illustrate major land uses as well as updated narrative and mapping to describe community character, land use, and urban design. Products from this task will be organized to be incorporated directly into the draft Comprehensive Plan. Deliverables: • Data collection and baseline land use analysis with two-page infographic • Development of up to three growth scenarios analyzed and compiled into a PowerPoint presentation with accompanying maps and memorandum for staff review prior and approval prior to evaluation in the SEPA addendum. • Scenario outputs with tabular data and a brief summary of findings • Draft and final future land use map, with supporting narrative for Chapter 3 4.3 CHAPTER 3 – HOUSING ELEMENT MIG will incorporate the following to update Chapter 3, including: • Buildable Lands Analysis results related to housing; • Kent Housing Options Plan findings for type of housing needs and policy direction related to producing an adequate and diverse supply of housing. • Countywide Planning Policies including new requirements that are expected in mid-2022 from the Department of Commerce as well as new requirements in the Countywide Planning Policies that come from the Affordable Housing Committee and the Growth Management Planning Council. MIG assumes that the land use, housing, and economic development chapters will be completed in the same timeframe because they have related analysis needs. The land use scenarios developed as part of Task 4.2 will assess land supply and housing type, providing information necessary for the City to meet housing targets and 4.F.a Packet Pg. 89 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with 10 City of Kent Comprehensive Plan Update growth projections. Demographics and other housing or population-related information will be completed as part the demographic analysis completed as part of Task 4.8 (Economic Development). Deliverables: • Draft and final Housing Element 4.4 CHAPTER 4: TRANSPORTATION ELEMENT The City of Kent Transportation Master Plan (TMP) was adopted by the City Council on Tuesday, March 2, 2021. Extensive community outreach, technical analyses, project development, and City Council input shaped the TMP. The purpose of this task is to translate the TMP into the Transportation Element (TE) of the Comprehensive Plan. This will include additional analysis in line with Comprehensive Plan emphasizing land use scenarios. This scope does not include updating the travel model forecasts from 2040 to 2044 for one land use scenario to align with Puget Sound Regional Council’s (PSRC) updated land use estimates and comprehensive plan review cycle, which is planned to be performed by Fehr & Peers for the City of Kent under a different contract. 4.4.1 Land Use Scenario Travel Forecasts While most of the content of the TE has been developed and adopted in the TMP, the Comprehensive Plan will evaluate up to two additional land use scenarios. To evaluate these new scenarios, consultant will modify the 2044 City of Kent traffic demand model and run them to develop forecasts that represent these scenarios. Using these forecasts, consultant will analyze PM peak hour conditions in 2044 for these additional scenarios using Synchro software and report any corridors that do not meet the City’s level of service (LOS) standard requiring mitigation beyond the projects identified for implementation as part of the TMP. Consultant will identify a list of potential projects to address locations where corridors do not meet the City’s LOS standard. Then, consultant will re-run the model incorporating the list of proposed projects that address roadway capacity, and analyze the PM peak hour volumes using Synchro software under each scenario. Deliverable: • Table of LOS results for three scenarios (two land use scenario with TMP-based roadway capacity projects, and one land use scenario with additional roadway capacity mitigation projects) Assumptions: • 2044 land use allocations will be provided by City Staff organized by traffic analysis zone (TAZ) • Two additional scenarios of the LOS results are being provided under the separate contract with the City of Kent. 4.4.2 Development of Transportation Element Fehr & Peers will develop a document that could serve as the City of Kent’s Transportation Element of its 2024 Comprehensive Plan. This document is anticipated to be developed in Microsoft Word and will reflect the content from the TMP as adopted. Envisioned sections include: an introduction, statement of the City’s transportation vision and goals, transportation policies, and supporting technical documentation that 4.F.a Packet Pg. 90 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with City of Kent Comprehensive Plan Update 11 collectively respond to the requirements of RCW 36.70A.070. Key tasks include: • Confirming outline with City staff • Developing initial document using template provided by MIG • Responding to one consolidated round of staff edits Deliverable: • Standalone Transportation Element Assumptions: • The standalone Transportation Element will reflect the content from the TMP as adopted, and will often include text directly from the TMP such as: an introduction, statement of the City’s transportation vision and goals, and transportation policies 4.4.3 SEPA Coordination Fehr & Peers will support the development of responses to the SEPA checklist regarding transportation. Responses will be summarizing previous analysis and no new analysis will be created. Deliverable: • Word Document summarizing responses to transportation checklist items 4.5 CHAPTER 5: PARKS AND RECREATION ELEMENT MIG will work with the Parks Department staff to ensure that goals and policies of the Parks & Recreation Element are consistent with the 2022 Parks and Open Space Plan. MIG assumes that all substantive information for this section will be provided by the new Parks and Open Space Plan. Deliverables: • Draft and final Chapter 5 Element 4.6 CHAPTER 6: UTILITIES ELEMENT Concurrent with development of the land use scenarios, and while performing the analysis to update the Housing Element in Task 4.3 and Task 4.8, MIG will provide growth assumptions to the City, who will be responsible for identifying capacity improvements requirements, as needed. MIG will provide the number and type of dwelling units, commercial square footage etc. for growth scenarios determined in discussions with City Staff. MIG will coordinate with the consultants of the ongoing Sanitary Sewer Comp Plan (SSCP) regarding sanitary sewer needs associated with various growth scenarios. Additionally, MIG will coordinate with the County and other agencies to ensure coordination with existing efforts. Deliverables: • Draft and final Chapter 6 with appendices for technical analysis (to be completed by the City or its infrastructure consultants) • Coordination with other utilities services providers for areas not covered by City utilities 4.F.a Packet Pg. 91 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with 12 City of Kent Comprehensive Plan Update Assumptions: • Modeling of infrastructure needs will be conducted by subconsultants retained by the City 4.7 CHAPTER 7: HUMAN SERVICES ELEMENT MIG will review current Human Services Element and update the demographic, economic, and social trends with current data. Findings from Tasks 3 public engagement activities will be used to update the element as necessary. MIG will hold a one-hour work session with staff from the Housing and Human Services and Parks, Recreation & Community Services Department to understand the breadth of human services planning and programs and their effectiveness. Outcomes of the facilitated discussion will include: • Comprehensive understanding of current programs, staffing and funding Existing and gaps in needs and services for residents MIG will summarize this information and update this chapter, as appropriate. Deliverables: • Draft and final Chapter 7, with updated data and incorporating findings from the community during the public engagement activities 4.8 CHAPTER 8: ECONOMIC DEVELOPMENT ELEMENT MIG will review existing plans relevant to the existing and future economic state of the City and update and/or revise the element as appropriate. MIG will review the following: • Kent Industrial Lands Market Analysis and Industrial Site Design Analysis (November 2019) • Kent Industrial Valley Employment and Market Trends Update (April 2022) • Rally the Valley (2019) • Relevant data and reports from the Puget Sound Regional Council Economic Development goal and policy updates will be informed by the findings and recommendations from these existing plans. MIG assumes updates to this Element will utilize the existing reports and plans as they are currently available. No additional analysis is assumed. Deliverables: • Draft and final Chapter 8 4.9 CHAPTER 9: CAPITAL FACILITIES ELEMENT In collaboration with city staff from the Public Works Department, including but not limited to water, sanitary sewer, stormwater, and street maintenance staff, MIG will review the chapter and update: • the inventory of existing public capital facilities, including their location and capacity; • the forecast of future needs for public capital facilities, their proposed locations and capacities; MIG assumes that financing strategies will be completed by the City. 4.F.a Packet Pg. 92 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with City of Kent Comprehensive Plan Update 13 Deliverables: • Draft and final Chapter 9 Assumptions: • MIG assumes that additional modeling will not be required as part this element. Modelling will be completed as part of the Utilities element and completed by the City or its infrastructure consultant(s) 4.10 CHAPTER 10: SHORELINE Using the City of Kent Shoreline Master Program: Gap Analysis Report (October 2018) and in collaboration with City Staff, MIG will review, update, and revise, as necessary, the Shoreline Element. Deliverables: • Draft and final Chapter 10 4.11 CHAPTER 11: CLIMATE ELEMENT The Climate Element will identify primary and secondary changes and impacts such as air and water temperatures, precipitation patterns, snowpack, streamflow, flooding, sediment dynamics, and wildfire, as feasible. The analysis will summarize potential impacts on terrestrial and aquatic ecosystems, geologically hazardous areas, aquifer recharge areas, and soils. Sources will include the best available science from scientific literature, assessments, and agency and non-government reports and tools. MIG will ensure the contents of the Element aligns with Countywide Planning Policies (CPPs), Vision 2050/Multicounty Planning Policies (MPPs) and the King County-Cities Climate Collaboration (K4C). Deliverables: • Draft and Final Climate Element Assumptions: • Desktop analysis only. No fieldwork included. 4.12 LAND USE AND PLANNING BOARD HEARINGS MIG, together with the City, will jointly present at up to two Land Use and Planning Board public hearings. MIG assumes that a maximum of two consultant staff will attend the meetings. 4.13 PRESENTATIONS TO THE LAND USE AND PLANNING BOARD, ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE, AND CITY COUNCIL COMMITTEE MIG, together with the City, will jointly present at up to 8 meetings to review and gather input from the Land Use and Planning Board and City Council Committee and City Council’s Economic and Community Development Committee. MIG assumes that a maximum of two consultant staff will attend the meetings. Deliverables: • Preparation for and attendance at up to 8 meetings and 2 public hearings to support the Comprehensive Plan development and adoption process 4.F.a Packet Pg. 93 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with 14 City of Kent Comprehensive Plan Update 5 SEPA EIS 5.1 SCOPING MIG will prepare a SEPA scoping notice indicating what topics are assumed to be included within the EIS. Consultant assumes that as part of the public kickoff, SEPA scoping (in-person and online) will be incorporated into the initial comprehensive plan outreach. Consultant will provide a summary of scoping comments. After scoping, the SEPA Team will draft a Preliminary Draft EIS alternatives description for City review. Consultant assumes that the EIS alternatives will include the SEPA-required No Action Alternative and up to three Action Alternatives. Consultant will evaluate one Preferred Alternative in the Final EIS. 5.2 DEIS OUTLINE MIG will prepare a Draft EIS outline that identifies the major elements of the EIS, including all elements required in WAC 197-11. Consultant will provide the outline to the City for review and revise, assuming one round of comments. 5.3 PRELIMINARY DEIS MIG will collect GIS, documents and other readily available information necessary to complete a Preliminary Draft EIS. Desktop and GIS analysis is assumed to be sufficient for this task. MIG will incorporate existing previous EIS information into the Preliminary Draft EIS as possible. MIG assumes the following responsibilities to complete each element of the Preliminary Draft EIS: Consultant Responsibility: • Population, employment, and housing o Consultant assumes that existing data sources will be sufficient to complete this section • Existing Land Uses and zoning designations o Consultant will use existing GIS and PSRC data, as available, to complete this section o Incorporation of mitigation measures from the Downtown Planned Area Ordinance • Transportation baseline analysis • Air Quality, Greenhouse Gas Emissions and Climate Change • Ecosystems, Parks and Recreation • Visual Quality Water Quality and Hydrology • Environmental Health • Energy MIG assumes the City or its infrastructure consultant(s) will complete the systems analysis necessary to complete the utilities analysis 4.F.a Packet Pg. 94 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with City of Kent Comprehensive Plan Update 15 Air Quality, Greenhouse Gas Emissions, and Climate Change SEPA requires air pollutants that could be generated by potential construction and operational activities to be evaluated. In addition, climate change and greenhouse gas emissions are also addressed as Air Elements. MIG will quantify emissions of air pollutants and greenhouse gases for the preferred action and up to three alternatives. The analysis will consider emissions from sources such as, but not limited to, transportation, energy use, and solid waste decomposition. Air pollutant emissions will be compared in the context of appropriate ambient air quality standards, while GHG emissions will be compared In the context of the State's 2030 (45% below 1990 levels), 2040 (70% below 1990 levels), and 2050 (85% below 1990 levels and net zero GHG emissions) targets. MIG will, as appropriate, rely on existing sources of information such as the upcoming K4C GHG emissions inventory and projections to prepare emissions estimates for the Comprehensive Plan. MIG will also rely on project-specific information, such as trip and vehicle miles travelled developed by Fehr & Peers for the Transportation Element. Assumptions: • MIG will estimate emissions for the proposed action and up to three alternatives. Greenhouse gas emissions estimates will be provided to a level of detail commensurate with the details available for the Comprehensive Plan. • MIG will be provided access to the methodology and/or tools used to prepare the upcoming K4C GHG emissions inventory. If available, MIG will also be provided GHG emission inventory information from the K4C analysis for the City of Kent. • MIG assumes the electronic inventory files will not be directly editable but can be used to modify existing GHG emissions levels and develop new GHG estimates to reflect the Comprehensive Plan. • MIG assumes any direct changes/edits to K4C work products (i.e., new detailed inventory-level GHG emissions estimates) would be requested and/or performed by the City or K4C. Deliverable • MIG will provide the City with a preliminary Draft EIS for review. City will provide one set of consolidated, non-contradictory comments to MIG. MIG will incorporate the City’s comments and provide a print-ready Draft EIS. 5.4 DRAFT EIS WITH 30-DAY REVIEW PERIOD MIG will prepare a notice of availability and print-ready version of the Draft EIS to the City for posting and public review. The City will publish the Draft EIS. 5.5 FINAL EIS After the public comment period is completed, MIG will prepare a Final EIS including, a fact sheet, table of contents, draft EIS analysis corrections as needed, description of the preferred alternative, and responses to comments. MIG will provide the Final EIS to the City for review. MIG assumes one round of consolidated, non- contradictory comments. Based on City comments, MIG will provide the Final EIS and notice of availability. The City will be responsible for publication. 4.F.a Packet Pg. 95 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with 16 City of Kent Comprehensive Plan Update 5.6 IMPLEMENTATION MEMORANDUM The SEPA Team will prepare a SEPA implementation memo to support the City in next steps related to SEPA review for future functional plans, SEPA permit facilitation tools and related technical tasks, such as future adoption and addenda or other forms as appropriate. Deliverables • Draft EIS outline • Preliminary Draft EIS in WORD • Public Comment Log • Final EIS in WORD and PDF • Draft and final Implementation Memo 4.F.a Packet Pg. 96 Attachment: Consultant Services Agreement with Moore Iacofano Goltsman, Inc (dba MIG, Inc) (3274 : Consultant Services Agreement with POLICE DEPARTMENT Rafael Padilla, Police Chief 220 Fourth Avenue South Kent, WA 98032 253-852-2121 DATE: September 20, 2022 TO: Operations and Public Safety Committee SUBJECT: Amendment with Verra Mobility/ATS for Additional Red Light Cameras - Authorize MOTION: I move to authorize the Mayor to sign the Third Amendment to the Professional Services Agreement with Verra Mobility, extending the term through May 30, 2028, and authorizing the installation of additional red light cameras at six new locations, subject to final terms and conditions acceptable to the City Attorney and Police Chief. SUMMARY: The purpose of the Third Amendment is to both expand the scope of the City’s contract with Verra Mobility to add additional red light camera locations and to extend the contract for an additional 5-year term through May 30, 2028. The red light camera program has shown to be successful in both creating safer intersections in Kent as well as funding the body worn camera program. Additionally, the cameras act as a force multiplier for the police department, especially the traffic unit which is inundated with traffic complaints, collisions, and investigations. RCW 46.63.170 authorizes local jurisdictions to use automated traffic safety cameras to detect and enforce red light violations within its jurisdiction. Pursuant to RCW 46.63.170, the Kent City Council previously adopted KCC 9.36.150 which sets forth the restrictions, public notice, and signage requirements, as well as the processing and procedural requirements for use of the cameras. The ordinance also established the fines for stoplight violations that are detected with cameras. Before additional red light camera locations are authorized, RCW 46.63.170 requires that Council prepare an analysis of the locations proposed for red light cameras. The required analysis has been conducted by Verra Mobility, and a copy of Verra Mobility’s report is attached. Based upon the study, the Police Department and Public Works Department jointly recommend red light cameras be authorized and installed at the following locations: • 108th Ave SE & SE 208th St - All directions • 116th Ave SE & SE 240th St - All directions • Washington Ave N & W Meeker St - All directions • 116th Ave SE & Kent Kangley Rd - All directions • 68th Ave S & S 228th St - All directions 4.G Packet Pg. 97 • 68th Ave S & S 212th St - All directions BUDGET IMPACT: Program to cover the cost of contract. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Third Amendment to Verra Mobility Agreement (PDF) 4.G Packet Pg. 98 1 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Third Amendment ("Third Amendment") is dated and effective as of the last date signed below (the “Effective Date”), and is entered into between American Traffic Solutions, Inc., doing business as Verra Mobility (“Verra Mobility”), a Kansas corporation with its principal place of business at 1150 N. Alma School Rd., Mesa, Arizona 85201, and the City of Kent ("Customer" or “City”), a Washington State municipality. RECITALS WHEREAS, Customer and Verra Mobility entered into a Professional Services Agreement dated May 30, 2013 ("Agreement"), which has subsequently been amended through the First Amendment, dated June 30, 2015, and the Second Amendment, dated January 9, 2019; and WHEREAS, the Agreement provides it shall renew for successive five-year terms at the City’s option; and WHEREAS, Section 15 of the Agreement provides that changes to services or scope and additional systems and services may be added to the Agreement by mutual consent of the parties by written addendum to the Agreement; and WHEREAS, Exhibit C to the Agreement provides that additional locations may be designed by the Customer for camera installation, which will be based upon Customer review and an engineering analysis; and WHEREAS, the necessary review and engineering analysis has been completed and Customer requests Verra Mobility install additional red light safety camera systems at additional locations within the Customer’s; and WHEREAS, the Customer and Verra Mobility desire to amend the terms and conditions of the Agreement to add these additional camera locations and to extend the Agreement for another five year term; TERMS AND CONDITIONS NOW, THEREFORE, the parties agree to supplement and amend the Agreement as follows: 1. The parties agree that the Agreement shall automatically extend for an additional five-year term beginning on May 31, 2023, through May 30, 2028. Thereafter, additional five-year renewal terms shall occur upon notice by the City as provided for under Section 3 of the Agreement. 2. Pursuant to the provisions set forth under Exhibit C to the Agreement, entitled “Designated Locations,” Verra Mobility will install additional red light safety camera systems at the following locations: • 108th Ave SE & SE 208th St – All directions • 116th Ave SE & SE 240th St – All directions • Washington Ave N & W Meeker St – All directions • 116th Ave SE & Kent Kangley Rd – All directions • 68th Ave S & S 228th St – All directions 68th Ave S & S 212th St – All directions The Service Fees for the Additional Cameras shall be as set forth under Section 5 of the Agreement, as revised by the Second Amendment, and shall begin on the first day of the month following the first issued Citation from each Additional Camera. 4.G.a Packet Pg. 99 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - 2 3. All other terms and conditions of the Agreement not expressly modified by this Third Amendment, or prior amendments, shall remain in full force and effect. In the event of a conflict between the terms of this Third Amendment and the Agreement, as amended by the First and Second Amendments, the terms of this Third Amendment shall prevail and control. 4. The provisions of the Agreement, as amended by the First, Second, and Third Amendments, including the recitals, comprise all of the terms, conditions, agreements, and representations of the Parties with respect to the subject matter hereof. 5. This Third Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. 6. Customer and Verra Mobility each represents and warrants that the representative signing this Third Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Third Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment. ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS, INC. CITY OF KENT, WASHINGTON By: By: David M. Roberts President & Chief Operating Officer Date Dana Ralph, Mayor Date ATTEST: By: Kent City Clerk Date 4.G.a Packet Pg. 100 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 1 Proprietary & Confidential 8/17/2021 Location: NB 108th Ave SE / SR 515 @ SE 208th St Option #1 Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 ← ← ↑ ↑ → • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 4.72 Option #2 Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 ← ← ↑ ↑ → • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 3.45 Option #3 Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 ← ← ↑ ↑ → • System Type: Auto Patrol • System Quantity: 2 • Predicted Violations after Maturity: 5.36 Constructability Notes for NB 108th Ave SE / SR 515 @ SE 208th St Constructable: Yes Constructability Comments: 5 Lanes, 2x systems required to capture all lanes; Option 1: Single pole rear radar in range on shoulder to monitor L2 thru 5; Option 2: Single pole rear radar in range on shoulder to monitor L1 thru 4; Option 3: 2x systems, 2x separate pole locations; first system to capture ST & RT lanes; 2nd system placed after 1st system to capture LT Lanes; 4.G.a Packet Pg. 101 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 2 Proprietary & Confidential 8/17/2021 Location: SB 108th Ave SE / SR 515 @ SE 208th St Option #1 Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 ← ← ↑ ↑ → • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 4.45 Option #2 Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 ← ← ↑ ↑ → • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 3.07 Option #3 Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 ← ← ↑ ↑ → • System Type: Auto Patrol • System Quantity: 2 • Predicted Violations after Maturity: 5.0 Constructability Notes for SB 108th Ave SE / SR 515 @ SE 208th St Constructable: Yes Constructability Comments: 5 Lanes, 2x systems required to capture all lanes; Option 1: Single pole rear radar in range on shoulder to monitor L2 thru 5; Option 2: Single pole rear radar in range on shoulder to monitor L1 thru 4; Option 3: 2x systems, 2x separate pole locations; first system to capture ST & RT lanes; 2nd system placed after 1st system to capture LT Lanes; 4.G.a Packet Pg. 102 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 3 Proprietary & Confidential 8/17/2021 Location: EB SE 208th St @ 108th Ave SE / SR 515 Option #1 Lane 1 Lane 2 Lane 3 Lane 4 ← ↑ ↑ → • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 4.22 • Conditions: Major Tree Trim Constructability Notes for EB SE 208th St @ 108th Ave SE / SR 515 Constructable: Conditional Constructability Comments: Conditional, Multiple Major Tree trims; Single pole rear radar in range on shoulder to monitor L1 thru 4 Location: WB SE 208th St @ 108th Ave SE / SR 515 Option #1 Lane 1 Lane 2 Lane 3 ← ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 1.74 Constructability Notes for WB SE 208th St @ 108th Ave SE / SR 515 Constructable: Yes Constructability Comments: 15' stop bar separation between L1 & 2; multiple driveways; Unable to capture L3 due to driveway; Radar angle @ min specs; Single pole rear radar on shoulder to capture L1 & 2; 4.G.a Packet Pg. 103 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 4 Proprietary & Confidential 8/17/2021 Location: NB 116th Ave SE @ SE 240th St Option #1 Lane 1 Lane 2 ← ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 2.43 Constructability Notes for NB 116th Ave SE @ SE 240th St Constructable: Yes Constructability Comments: Underground utilities on shoulder; Single pole rear radar in range on shoulder to monitor L1 & 2; Location: SB 116th Ave SE @ SE 240th St Option #1 Lane 1 Lane 2 Lane 3 ← ↑ → • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 3.9 Constructability Notes for SB 116th Ave SE @ SE 240th St Constructable: Yes Constructability Comments: Single pole rear radar in range on shoulder to monitor L1 thru 3 4.G.a Packet Pg. 104 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 5 Proprietary & Confidential 8/17/2021 Location: EB SE 240th St @ 116th Ave SE Option #1 Lane 1 Lane 2 Lane 3 ← ↑ → • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 3.71 Constructability Notes for EB SE 240th St @ 116th Ave SE Constructable: Yes Constructability Comments: Single pole rear radar in range on shoulder to monitor L1 thru 3; Location: WB SE 240th St @ 116th Ave SE Option #1 Lane 1 Lane 2 Lane 3 ← ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 3.56 Constructability Notes for WB SE 240th St @ 116th Ave SE Constructable: Yes Constructability Comments: Single pole rear radar in range on shoulder to monitor L1 thru 3; 4.G.a Packet Pg. 105 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 6 Proprietary & Confidential 8/17/2021 Location: NB Washington Ave N @ W Meeker St Option #1 Lane 1 Lane 2 Lane 3 Lane 4 ← ↑ ↑ → • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 4.92 Constructability Notes for NB Washington Ave N @ W Meeker St Constructable: Yes Constructability Comments: Single pole rear radar in range on shoulder before driveway to monitor L1 thru 4; Location: SB Washington Ave N @ W Meeker St Option #1 Lane 1 Lane 2 Lane 3 Lane 4 ← ↑ ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 4.73 Constructability Notes for SB Washington Ave N @ W Meeker St Constructable: Yes Constructability Comments: Single pole rear radar in range on shoulder to monitor L1 thru 4 4.G.a Packet Pg. 106 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 7 Proprietary & Confidential 8/17/2021 Location: EB W Meeker St @ Washington Ave N Option #1 Lane 1 Lane 2 Lane 3 ← ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 3.7 Constructability Notes for EB W Meeker St @ Washington Ave N Constructable: Yes Constructability Comments: Wide Driveway; underground utilities in area; Radar angle at min specs; Single pole rear radar in range on shoulder right after driveway to monitor L1 thru 3; Location: WB W Meeker St @ Washington Ave N Option #1 Lane 1 Lane 2 Lane 3 ← ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 3.76 Constructability Notes for WB W Meeker St @ Washington Ave N Constructable: Yes Constructability Comments: Single pole rear radar in range on shoulder to monitor L1 thru 3; 4.G.a Packet Pg. 107 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 8 Proprietary & Confidential 8/17/2021 Location: NB 116th Ave SE @ Kent Kangley Rd Option #1 Lane 1 Lane 2 Lane 3 Lane 4 ← ↑ ↑ ↱ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 2.74 Constructability Notes for NB 116th Ave SE @ Kent Kangley Rd Constructable: Yes Constructability Comments: Bike lane on sidewalk; Offset @ max; Radar angle at min specs; Single pole rear radar in range on shoulder to monitor L1 thru 3; Location: SB 116th Ave SE @ Kent Kangley Rd Option #1 Lane 1 Lane 2 Lane 3 ← ↑ ↑↱ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 2.92 Constructability Notes for SB 116th Ave SE @ Kent Kangley Rd Constructable: Yes Constructability Comments: 20' slanted stop bar; Single pole rear radar in range to monitor L1 thru 3 4.G.a Packet Pg. 108 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 9 Proprietary & Confidential 8/17/2021 Location: EB Kent-Kangley Rd @ 116th Ave SE Option #1 Lane 1 Lane 2 Lane 3 ← ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 3.37 Constructability Notes for EB Kent-Kangley Rd @ 116th Ave SE Constructable: Yes Constructability Comments: Bus Stop on shoulder; Single pole rear radar in range on shoulder to monitor L1 thru 3; Location: WB Kent-Kangley Rd @ 116th Ave SE Option #1 Lane 1 Lane 2 Lane 3 Lane 4 ← ← ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 3.87 Constructability Notes for WB Kent-Kangley Rd @ 116th Ave SE Constructable: Yes Constructability Comments: 16' slanted stop bar; Single pole rear radar in range to monitor L1 thru 4; 4.G.a Packet Pg. 109 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 10 Proprietary & Confidential 8/17/2021 Location: NB 68th Ave S / SR 181 @ S 228th St Option #1 Lane 1 Lane 2 Lane 3 Lane 4 ← ↑ ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 2.97 • Conditions: Major Tree Trim Constructability Notes for NB 68th Ave S / SR 181 @ S 228th St Constructable: Conditional Constructability Comments: Conditional, Major Tree Trims required; Single pole rear radar in range on shoulder to monitor L1 thru 4; Location: SB 68th Ave S / SR 181 @ S 228th St Option #1 Lane 1 Lane 2 Lane 3 Lane 4 ← ↑ ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 3.38 Constructability Notes for SB 68th Ave S / SR 181 @ S 228th St Constructable: Yes Constructability Comments: Single pole rear radar in range on shoulder to monitor L1 thru 4; 4.G.a Packet Pg. 110 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 11 Proprietary & Confidential 8/17/2021 Location: EB S 228th St @ 68th Ave S / SR 181 Option #1 Lane 1 Lane 2 Lane 3 Lane 4 ← ↑ ↑ → • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 4.41 Constructability Notes for EB S 228th St @ 68th Ave S / SR 181 Constructable: Yes Constructability Comments: Single pole rear radar in range on shoulder to monitor L1 thru 4; Location: WB S 228th St @ 68th Ave S / SR 181 Option #1 Lane 1 Lane 2 Lane 3 Lane 4 ← ↑ ↑ → • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 5.23 Constructability Notes for WB S 228th St @ 68th Ave S / SR 181 Constructable: Yes Constructability Comments: Sign relocation required; Possible tree trim Single pole rear radar in range on shoulder to monitor L1 thru 4; 4.G.a Packet Pg. 111 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 12 Proprietary & Confidential 8/17/2021 Location: NB 68th Ave S / SR 181 @ S 212th St Option #1 Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 ← ← ↑ ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 4.46 Option #2 Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 ← ← ↑ ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 3.59 Option #3 Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 ← ← ↑ ↑ ↑→ • System Type: Auto Patrol • System Quantity: 2 • Predicted Violations after Maturity: 5.19 Constructability Notes for NB 68th Ave S / SR 181 @ S 212th St Constructable: Yes Constructability Comments: Wide Driveway on shoulder, limited pole placement; unable to capture Shared ST/RT lane 5 using Rear Radar due to driveway; >250' from traffic signal, possible IQ issues on LT Signal; Underground utilities in area; Option 1: Front radar in range to capture L2 thru 5; Rear camera placement after driveway; Option 2: Single pole rear radar in range on shoulder after driveway to capture L1 thru 4; Option 3: front radar to capture L3 thru 5; rear radar to capture LT lanes 1 & 2; 4.G.a Packet Pg. 112 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 13 Proprietary & Confidential 8/17/2021 Location: SB 68th Ave S / SR 181 @ S 212th St Option #1 Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 ← ← ↑ ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 4.54 Option #2 Lane 1 Lane 2 Lane 3 Lane 4 Lane 5 ← ← ↑ ↑ ↑→ • System Type: Auto Patrol • System Quantity: 2 • Predicted Violations after Maturity: 5.34 Constructability Notes for SB 68th Ave S / SR 181 @ S 212th St Constructable: Yes Constructability Comments: 5 lanes approach; 2nd system required to Capture LT Lane 1; Option 1: Single pole rear radar in range on shoulder before 1st tree to capture L2 thru 5; Option 2: System capturing LT lanes would be >260' from traffic signal, possible IQ Issues; 2x rear systems 2x pole locations; 1 system on shoulder after 1 tree to capture LT lanes; 2nd system placed before 1st tree to capture L3 thru 5; 4.G.a Packet Pg. 113 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - SLS Request Client Report Account: Kent Name: WAKEN - 09/24/2021 ©2019 Verra Mobility Page 14 Proprietary & Confidential 8/17/2021 Location: EB S 212th St @ 68th Ave S / SR 181 Option #1 Lane 1 Lane 2 Lane 3 Lane 4 ← ↑ ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 4.71 Constructability Notes for EB S 212th St @ 68th Ave S / SR 181 Constructable: Yes Constructability Comments: Possible IQ obstruction from intersecting overhead wires in front of traffic Signal; Single pole rear radar in range on shoulder to capture L1 thru 4; Location: WB S 212th St @ 68th Ave S / SR 181 Option #1 Lane 1 Lane 2 Lane 3 Lane 4 ← ↑ ↑ ↑→ • System Type: Auto Patrol • System Quantity: 1 • Predicted Violations after Maturity: 4.69 Constructability Notes for WB S 212th St @ 68th Ave S / SR 181 Constructable: Yes Constructability Comments: Utilities in the area on shoulder; Single pole rear radar in range on shoulder to monitor L1 thru 4; The information provided in this report is an estimate and shall not be considered as binding. The actual numbers may be different. Ref:MSG25933188_JMhOxARccwzCXTFTRZx 4.G.a Packet Pg. 114 Attachment: Third Amendment to Verra Mobility Agreement (3277 : Amendment with Verra Mobility/ATS for Additional Red Light Cameras - FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South Kent, WA 98032 253-856-5264 DATE: September 20, 2022 TO: Operations and Public Safety Committee SUBJECT: Office of the Washington State Auditor Engagement Letter for the 2021 Audit - Authorize MOTION: I move to authorize the Mayor and Finance Director to sign the Engagement Letter with the Office of the Washington State Auditor for the 2021 audit. SUMMARY: This Engagement Letter confirms the nature and limitations of the audit, as well as responsibilities of the parties and other engagement terms. The letter also confirms the audits will be performed for the City of Kent by the Office of the Washington State Auditor in accordance with the provisions of Chapter 43.09 RCW. The following audits for the fiscal year ended December 31, 2021 will be performed: • Financial Statement Audit • Federal Single Audit • Accountability Audit BUDGET IMPACT: The Office of the Washington State Auditor estimates the cost of the audit to be $160,000 plus travel costs, and other expenses, if any. While this exceeds the remaining 2022 budget, anticipated savings in other line items are estimated to cover the difference. 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. City of Kent Fiscal Year 2021 Engagement Letter (PDF) 4.H Packet Pg. 115 Financial Statement Audit We will perform an audit of the comprehensive financial report of the City of Kent as of and for the fiscal year ended December 31, 2021 prepared in accordance with accounting principles generally accepted in the United States of America (GAAP). Our audits will be conducted with the objective of our expressing opinions on these financial statements. We will perform our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free from material misstatement. Since we do not review every transaction, our audit cannot be relied upon to identify every potential misstatement. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk exists that some material misstatements may not be detected, even though the audit is properly planned and performed in accordance with the standards identified above. A financial statement audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers relevant internal controls in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of internal control. Accordingly, we will express no such opinion. Office of the Washington State Auditor Pat McCarthy September 5, 2022 Mayor and City Council City of Kent 220 4th Ave. S. Kent, WA 98032 We are pleased to confirm the audits to be performed by the Office of the Washington State Auditor, in accordance with the provisions of Chapter 43.09 RCW, for the City of Kent. This letter confirms the nature and limitations of the audits, as well as responsibilities of the parties and other engagement terms. Office of the Washington State Auditor Responsibilities Insurance Building, P.O. Box 40021 Olympia, Washington 98504-0021 (564) 999-0950 Pat.McCarthy@sao.wa.gov 4.H.a Packet Pg. 116 Attachment: City of Kent Fiscal Year 2021 Engagement Letter (3279 : Office of the Washington State Auditor Engagement Letter for the 2021 Although our audit is not designed to provide an opinion on the effectiveness of internal control over financial reporting, we are required to report any identified significant deficiencies and material weaknesses in controls. We are also required to report instances of fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that could have a direct and material effect on the accuracy of financial statements. A financial statement audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. All misstatements identified by the audit will be discussed with management. Material misstatements corrected by management and all uncorrected misstatements will be communicated at the exit conference, as required by professional auditing standards. Our responsibility is to express in a written report an opinion on the financial statements based on the results of our audit. We cannot guarantee an unmodified opinion. We may modify or disclaim an opinion on the financial statements if we are unable to complete the audit or obtain sufficient and appropriate audit evidence supporting the financial statements. If our opinion is other than unmodified, we will fully discuss the reason with you prior to issuing our report. Further, in accordance with professional standards, we may add emphasis-of-matter or other-matter paragraphs to our report to describe information that, in our judgment, is relevant to understanding the financial statements or our audit. We will also issue a written report (that does not include an opinion) on issues identified during the audit related to internal control over financial reporting and on compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The City prepares supplementary information that accompanies the financial statements, which is required by Generally Accepted Accounting Principles. We agree to perform auditing procedures on this information, with the objective of expressing an opinion as to whether it is fairly stated, in all material respects, in relation to the financial statements taken as a whole. The City also prepares other information to accompany the financial statements, which is required by accounting standards or is done at its discretion. We will perform limited procedures on this information for the purpose of identifying inconsistencies with the financial statements. However, we will not express an opinion on its fair presentation. Federal Single Audit We will also perform a federal single audit on compliance with, and report on internal control over compliance for, each major program for the fiscal year ended December 31, 2021 in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. Because of the inherent limitations 4.H.a Packet Pg. 117 Attachment: City of Kent Fiscal Year 2021 Engagement Letter (3279 : Office of the Washington State Auditor Engagement Letter for the 2021 of an audit, together with the inherent limitations of internal control, an unavoidable risk exists that some material noncompliance may not be detected, even though the audit is properly planned and performed in accordance with these standards and the Uniform Guidance. In planning and performing the compliance audit, we will consider internal control over compliance in order to determine the appropriate auditing procedures necessary for opining on compliance with each major program, and for testing and reporting on internal control over compliance in accordance with Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we will express no such opinion. Although our audit is not designed to provide an opinion on the effectiveness of internal control over compliance, we are required to report any identified significant deficiencies and material weaknesses in controls. We will express an opinion as to whether the Schedule of Expenditures of Federal Awards is fairly stated, in all material respects, in relation to the financial statements taken as a whole for the fiscal year ended December 31, 2021. We estimate the federal single audit will cover two federal grant programs, which will be identified at the audit entrance conference. If additional grant programs are audited to satisfy the requirements of the Uniform Guidance, the audit budget discussed below will increase by approximately $7,000 per additional major program. Upon completion of our audit we will issue a written report containing our opinion on compliance for each major program and a written report on internal control over compliance. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, issue a disclaimer of opinion, or add an emphasis-of-matter or other-matter paragraph(s) to the report. Accountability Audit We will perform an accountability audit of compliance with applicable state laws, regulations, and policies, and of controls over the safeguarding of public resources for the fiscal year ended December 31, 2021. The audit will be conducted in accordance with provisions of RCW 43.09.260 and the Office’s audit policies, which include policies specific to these types of audits and general audit policies. Our general audit policies apply to all our engagements and incorporate the requirements of Government Auditing Standards, as applicable, on topics such as communications with auditees, independence, audit evidence and documentation, and reporting. An accountability audit involves performing procedures to obtain audit evidence about compliance and controls in areas selected for audit. In keeping with general auditing practices, we do not examine every transaction, activity, policy, internal control, or area. The areas examined and procedures selected depend on the auditor’s judgment, including the assessment of the risks of fraud, loss, abuse, or noncompliance. Upon completion of our audit, we will issue a written report describing the overall results and conclusions for the areas we examined. Data Security Our Office is committed to appropriately safeguarding the information we obtain during the course of the audit. We have entered into a data sharing agreement with the City of Kent to ensure compliance with legal requirements and Executive Directives (Executive Order 16-01, RCW 42.56 and OCIO Standard 141.10) in the handling of information considered confidential. 4.H.a Packet Pg. 118 Attachment: City of Kent Fiscal Year 2021 Engagement Letter (3279 : Office of the Washington State Auditor Engagement Letter for the 2021 Responsibilities specific to this engagement Additionally, we will: • Provide the audit liaison with advanced notification if we identify issues that require further audit work and increase audit costs. • Participate in weekly progress meetings to discuss audit plans for future weeks. At those meetings, we will provide information on the departments we will work in and the audit objectives we will be addressing. • Safeguard City financial records and documentation from loss, damage, and inadvertent release to unauthorized persons. • Provide input on accounting standards when requested by City staff as they apply to the City’s financial statements and propose adjusting journal entries as necessary. • Present the City with our financial statement opinion (ACFR letter) by October 31, 2022 provided the financial statements we receive for audit are free of significant or numerous errors and the City fulfills its requirements listed in the succeeding Client’s Responsibilities section. • Present the City with our Single Audit opinion by October 31, 2022. • Interact with City staff professionally and respectfully and communicate needs and issues in a timely manner. • We will notify the City the previous day, if we know that audit staff will not be onsite the subsequent day(s). • Provide written correspondence during the course of the audit through email to the audit liaison, Cheryl Lopez, Interim Accounting Supervisor. • Provide advance notice when a scheduled meeting is to be cancelled. • Allow the City seven days to provide a written response to any findings. Reporting levels for audit issues Issues identified through the auditing process will be communicated as follows. Failure to appropriately address audit issues may result in escalated reporting levels. • Findings formally address issues in an audit report. Findings report significant results of the audit, such as significant deficiencies and material weaknesses in internal controls; misappropriation; and material abuse or non-compliance with laws, regulations, contracts or grant agreements. You will be given the opportunity to respond to a finding, and this response, or a synopsis of it, will be published in the audit report. Professional auditing standards define the issues we must report as findings with regard to non-compliance with a financial statement effect and internal controls over financial reporting. The Uniform Guidance defines the issues we must report as findings with regard to non-compliance and internal controls over compliance with federal grants. • Management letters communicate control deficiencies, non-compliance, misappropriation, abuse, or errors with a less-than-material effect on audit objectives. Management letters are referenced, but not included, in the audit report. • Exit items address control deficiencies, non-compliance, abuse, or errors that have an insignificant effect on audit objectives. These issues are informally communicated to management and are not referenced in the audit report. Client’s Responsibilities Management is responsible for the accuracy and completeness of information provided to the auditor and will provide the Office of the Washington State Auditor with: • Unrestricted access to people with whom the auditor wishes to speak. • All information that is requested or relevant to auditor requests. 4.H.a Packet Pg. 119 Attachment: City of Kent Fiscal Year 2021 Engagement Letter (3279 : Office of the Washington State Auditor Engagement Letter for the 2021 • Notification when any documents, records, files, or data contain information that is covered by confidentiality or privacy laws. • Adequate workspace and conditions, including interacting with auditors professionally and respectfully and promptly communicating about any issues and concerns. Moreover, our audit does not relieve management or the governing body of their responsibilities. Management’s responsibilities, with oversight from the governing body, include: • Selecting and applying appropriate administrative and accounting policies. • Establishing and maintaining effective internal controls over financial reporting, compliance, and safeguarding of public resources. • Designing and following effective controls to prevent and detect fraud, theft, and loss. • Promptly reporting to us knowledge of any fraud, allegations of fraud or suspected fraud involving management, employees or others, in accordance with RCW 43.09.185. • Ensuring compliance with laws, regulations and provisions of contracts and grant agreements. • Preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America (GAAP). • Preparing the following supplementary information and providing us with certain written representations concerning the supplementary information: o Schedule of Expenditures of Federal Awards (including notes and noncash assistance received) that includes all expenditures from federal agencies and pass-through agencies in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance in accordance with Uniform Guidance 2 CFR § 200.510 requirements o Combining Statements in accordance with Generally Accepted Accounting Principles • Including the auditor’s report on the supplementary information in any document that both contains the supplementary information and indicates that the auditor reported on the supplementary information. • Either presenting the supplementary information with the audited financial statements or, if the supplementary information will not be presented, making the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information and auditor’s report thereon are issued. • Identifying all federal awards received and government programs. • Understanding and complying with the provisions of laws, regulations, contracts, and grant agreements, including applicable program compliance requirements. • Internal control over compliance, including establishing and maintaining effective controls that provide reasonable assurance that the City administers government programs in compliance with the compliance requirements. • Evaluating and monitoring the City’s compliance with the compliance requirements. • Informing us of the City’s relationships with significant vendors who are responsible for program compliance. • Submitting the reporting package and data collection form through the Federal Audit Clearinghouse. Responsibilities at the conclusion of the audit At the conclusion of our audit, the City will provide us with a letter to confirm in writing certain express and implied representations made during the course of the audit. This letter includes representations regarding legal matters. A separate letter may be needed from the City’s legal counsel. 4.H.a Packet Pg. 120 Attachment: City of Kent Fiscal Year 2021 Engagement Letter (3279 : Office of the Washington State Auditor Engagement Letter for the 2021 Management and the governing body are also responsible for following up and taking corrective action on all audit findings, including, when applicable, preparing a summary schedule of prior audit findings and a corrective action plan on the City’s own letterhead. Responsibilities specific to this engagement Additionally, the City will: • Provide our Office with documentation of the financial statement review and approval before they were submitted for audit. • Obtain a clear understanding of accounting standards applied in your financial statements and fully understand any adjusting journal entries recommended by the Office of the Washington State Auditor before approving the entries. • Revise financial statements and schedules only if agreed to in writing by our Office. Estimated Audit Costs and Timeline We estimate the cost of the audit work to be $160,000 plus travel costs, and other expenses, if any. Invoices for these services will be prepared and presented each month as our audit work progresses. We anticipate our reports will be published on our website www.sao.wa.gov and be available to you and the public as outlined below. These estimates are based on timely access to financial information and no significant audit reporting issues. The estimated cost and completion date may change if unforeseen issues arise or if significant audit issues are identified necessitating additional audit work. We will promptly notify you if this is the case. Report Date* Independent Auditor’s Report on Financial Statements October 31, 2022 Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards October 31, 2022 Independent Auditor’s Report on Compliance for Each Major Program and on Internal Control over Compliance in Accordance with Uniform Guidance October 31, 2022 Independent Auditor’s Report on Accountability December 31, 2022 *Report Issuance Dates Are Estimates Only The audit documentation for this engagement, which may contain confidential or sensitive information, is the property of SAO and constitutes a public record under Chapter 42.56 RCW. Subject to applicable laws and regulations, appropriate individuals, as well as audit documentation, will be made available upon request and in a timely manner to appropriate auditors and reviewers, City’s management and governing body, and federal agencies, for purposes of a public records request, a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. The audit documentation for this engagement will be retained for a minimum of five years after the report release (publish) date in accordance with the public records retention schedule established by the Washington Secretary of State. Expected Communications 4.H.a Packet Pg. 121 Attachment: City of Kent Fiscal Year 2021 Engagement Letter (3279 : Office of the Washington State Auditor Engagement Letter for the 2021 During the course of the audit, we will communicate with the City’s selected audit liaison, Cheryl Lopez, Interim Accounting Supervisor, on the audit status, any significant changes in our planned audit scope or schedule and preliminary results or recommendations as they are developed. The audit liaison is responsible for regularly updating management and the governing body on these matters. We may also provide direct communication of these matters to management and the governing body as needed or upon request. Please contact us if any events or concerns come to your attention of which we should be aware. We will expect the audit liaison to keep us informed of any such matters. Audit Dispute Process Please contact the Audit Manager or Assistant Director to discuss any unresolved disagreements or concerns you have during the performance of our audit. At the conclusion of the audit, we will summarize the results at the exit conference. We will also discuss any significant difficulties or disagreements encountered during the audit and their resolution. By signing and returning this letter, you acknowledge that the foregoing is in accordance with your understanding. Please contact us with any questions. We appreciate the opportunity to be of service to you and look forward to working with you and your staff. Sincerely, Ngan Kim-Hoang Nguyen, CPA, CFE, Audit Manager Office of the Washington State Auditor City Response: This letter correctly sets forth our understanding. Dana Ralph, Mayor [Date] Paula Painter, Finance Director [Date] 9/5/2022 [Date] [Date] 4.H.a Packet Pg. 122 Attachment: City of Kent Fiscal Year 2021 Engagement Letter (3279 : Office of the Washington State Auditor Engagement Letter for the 2021 PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: September 20, 2022 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: King County Solid Waste Restructure Update SUMMARY: At the request of cities and haulers throughout King County, the King County Council voted to delay the implementation of its Solid Waste Rate Restructure until January 1, 2024. This delay will allow cities much needed time to update their solid waste contracts with their haulers. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 4.I Packet Pg. 123 FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South Kent, WA 98032 253-856-5264 DATE: September 20, 2022 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: Second Quarter 2022 Investment Report SUMMARY: Cash and Investment Officer, Joe Bartlemay will present the Second Quarter 2022 Cash and Investment Report. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. 4.J Packet Pg. 124