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HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 09/20/2022^*4 KENT CITY COUNCIL AGENDA • Tuesday, September 20, 2022 KENT 7:00 PM W A 5 H I N G T O N Chambers A live broadcast is available on Kent TV21, www.facebook.com/CitvofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 873 9790 3656, Passcode: 810567 Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner Councilmember Marli Larimer Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Proclamation for Constitution Week 2. Proclamation for Diaper Need Awareness Week 3. Proclamation for Hispanic Heritage Month 4. Proclamation for Childhood Cancer Awareness Week B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report City Council Meeting City Council Regular Meeting September 20, 2022 C. Councilmembers' Reports 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council at this meeting, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerkCCDKentWA.goV. If you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at Mayor(@KentWA.aov and CityCounci10KentWA.gov. Emails are not read into the record. S. CONSENT CALENDAR A. Approval of Minutes Council Workshop - Workshop Regular Meeting - Sep 6, 2022 5:00 PM City Council Meeting - City Council Regular Meeting - Sep 6, 2022 7:00 PM B. Payment of Bills - Authorize C. Grant Agreement with Washington State Administrative Office of the Courts for Kent Community Court - Authorize D. Grant Agreement with Washington State Administrative Office of the Courts for Reimbursement of Costs Associated with State v. Blake - Authorize E. Additional Purchases under the City's Agreement with Anaconda Networks, Inc - Authorize F. 2022-2023 Walker and Roller Safety Program for Pacific Highway South - First Amendment to Grant Agreement - Authorize G. First Amendment to Agreement with Axon Enterprise, Inc. - Authorize H. Consultant Services Agreement with MIG, Inc. for the 2024 Comprehensive Plan Update - Authorize I. Resolution Allowing Community Roots Housing to Build Middle -Income Housing within the City of Kent - Adopt 9. OTHER BUSINESS 10. BIDS City Council Meeting City Council Regular Meeting September 20, 2022 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE:A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. 4.A.1 PROCLAMATION WHEREAS, September 17, 2022, marks the two hundred thirty fifth anniversary of the adoption and signing of the Constitution of the United States of America; and WHEREAS, The United States Constitution, America's most important document, stands as a testament to the tenacity of Americans throughout history to maintain their liberties, freedoms and inalienable rights; and WHEREAS, In 1955, Daughters of the American Revolution petitioned Congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week. The resolution was later adopted by the U.S. Congress and signed into public law on August 2, 1956, by President Dwight D. Eisenhower. NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM SEPTEMBER 17-23, 2022 TO BE CONSTITUTION WEEK In the city of Kent, Washington, and I encourage Kent residents to reaffirm the ideals of the framers of the Constitution and celebrate the rights and freedoms that we enjoy as the people of this proud Nation. In witness whereof, I have hereunto set my hand this 17th day of September, 2022. W A 9 H I HMO 7 O N --Po-ro7r:->-,711- Mayor Dana Ralph Packet Pg. 4 4.A.2 PROCLAMATION WHEREAS, diaper need, the condition of not having a sufficient supply of clean diapers to keep babies and toddlers clean, dry, and healthy, can adversely affect the health and well-being of babies, toddlers, and their families; and WHEREAS, national surveys and research studies report that one in three families struggle with diaper need, and 48 percent of families delay changing a diaper to extend the available supply; and WHEREAS, infants and toddlers go through six to 12 diapers each day during the two to three years they wear diapers and purchasing enough diapers to keep a baby or toddler clean, dry and healthy can consume 14 percent of a low -wage family's post -tax income; and WHEREAS, a daily or weekly supply of diapers is generally an eligibility requirement for babies and toddlers to participate in child care programs and quality early -education programs that enable children to thrive and parents to work; and WHEREAS, many parents struggling with diaper need report missing an average of four days of work each month due to an insufficient supply of diapers, and parents missing work due to diaper need hinders their ability to provide for their family financially, creates workforce problems for small businesses, and hurts the local economy WHEREAS, without enough diapers, babies and toddlers risk infections and health problems that may require medical attention resulting in medical costs, WHEREAS, diaper banks such as WestSide Baby and EastSide Baby Corner, and the staff and volunteers who run them, are community leaders and logistics experts who ensure a stable and sustainable supply of basic necessities for members of their communities. NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM THE WEEK OF SEPTEMBER 24 THROUGH OCTOBER 2, 2022 TO BE DIAPER NEED AWARENESS WEEK In Kent Washington and thank the aforementioned diaper banks, their staff, volunteers and donors for their service, and encourage the residents of Kent to donate generously to diaper banks and diaper drives in support of families struggling with diaper need. In witness whereof, I have hereunto set my hand this 20th day of September, 2022. Mayor Dana Ralph KENr T WASHINGTON Packet Pg. 5 4.A.3 PROCLAMATION WHEREAS, National Hispanic Heritage Month, known as "Mes de Herencia Hispana", is celebrated nationwide from September 15 through October 15 each year. The observation started in 1968 as Hispanic Heritage Week and was expanded by President Ronald Reagan in 1988, to cover the month at which it is celebrated today; and WHEREAS, the day of September 15 is significant because it is the anniversary of independence for Latin American countries Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16 and 18, respectively; and WHEREAS, the City of Kent looks forward to celebrating "Mes de Herencia Hispana", with the greater community to highlight the rich heritage, arts, histories, food, music and traditions of all 26+ Latin-American nations. While recognizing that these nations are not monogamous and this month celebrates, honors and pays tribute to all for their contributions to our city and our society; and WHEREAS, we recognize that Hispanics amount to an estimated 22 thousand residents totaling 16 % of the City of Kent and understand that Hispanics are extremely entrepreneurial and play a vital role in our economy and workforce; and WHEREAS, the City of Kent recognizes the significant contributions of all Hispanic residents, city employees, business leaders and outreach groups that help increase cultural awareness, education, enrichment and community engagement with our residents. It is through their support and community involvement that our city has continued to become more culturally diverse and a welcoming city for everyone; and NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM SEPTEMBER 15 TO OCTOBER 15, 2022, TO BE Hispanic Heritage Month in Kent Washington and call upon our residents to recognize the achievements and contributions Hispanics make to our city and community. In witness whereof, I have hereunto set my hand this 15th day of September, 2022. SENiT W A S H I N O T O N Mayor Dan$Bcalph Packet Pg. 6 4.A.4 PROCLAMATION WHEREAS, it is estimated that 15,950 children and adolescents (ages 1 to 19) will be diagnosed with cancer in 2022, approximately 1 in 285 children will develop cancer before the age of 20 and approximately 47 children are diagnosed with cancer every day in the US; and WHEREAS, although the five-year survival rate for childhood cancer has reached 85 percent, nearly 1,600 American children under the age of nineteen still die each year from cancer, making it the second most common cause of death in children; and WHEREAS, many children who survive cancer will face at least one chronic health condition later on in life - not limited to, but including - heart, liver and lung damage, infertility, secondary cancers and growth deficits; and WHEREAS, the causes of childhood cancer are largely unknown and more studies are needed to understand which treatments work best for children; and WHEREAS, cancer treatment for children often must differ from traditional adult treatments to take into account children's developmental needs and other factors including the higher number of types and variances of childhood cancers than adult cancers; and WHEREAS, the death rates of children diagnosed with cancer are decreasing thanks to awareness and research of childhood cancers, improvements in treatment and more children taking part in clinical trials, making continued research and awareness vital to the ongoing fight against this deadly disease; and WHEREAS, Kent is a caring community that supports children and families; NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim September 25 through October 1, 2022 as Childhood Cancer Awareness Week In Kent Washington and encourage residents to join me in reaffirming our commitment to fighting childhood cancer. In witness whereof, I have hereunto set my hand this 20th day of September, 2022. MayorDana Ralph KENT W A 9 M I N O T O N Packet Pg. 7 5.B Administration • Kent 101 started on Thursday of last week. The program, which was suspended due to COVID-19, is well attended this time around, and we are excited to share the workings of the City with interested community members. • Preparation of the proposed budget continues. The proposed budget will be presented at a special meeting of the Council on September 27, which will be followed by the Council Budget Retreat at the Green River College Kent Campus on October 5. Communications • Thank you all for attending the Mayor's Annual BBQ! It was great to see everyone. • Kent 101 started September 15 and runs through the end of October. Our Kent residents are looking forward to learning more about the City, meeting staff and becoming Ambassadors of Kent. • Mark your calendar for the Haunted Boo- Levard event with Kent Station, Monday, October 31 from 4:30-7pm. • We are looking for a Video Production Coordinator! If you know anyone, please forward the job posting. We bid a sad farewell to Alex Klinger last week. He and his wife are taking on a new adventure and moving across the country. We will miss him and his incredible talent! Race and Equity • Look out for CARE's newsletter in late September. The newsletter will now be available via govdelivery, and will be subscription based. The issue will cover Hispanic Heritage month, National welcoming week, and the Kent International Festival, among many other interesting topics. • Title VI CORE team members are being identified to serve as point of contact for the City's Title VI plan. This team will act as point of contact for their department and make sure information regarding Title VI is being disseminated. Economic Development • In partnership with Kent's community - based organizations (CBOs), Economic Development staff promoted the Working Washington Grants Round 5 program to Kent's small businesses and nonprofits. Round 5 is likely the last small business Covid relief grant program offered by the state. The deadline to apply was Friday, September 9. The team appreciates the stellar collective work by our CBOs who provided outreach assistance to us and support with the application process to businesses. Applications will be reviewed this month. In early October awardees will be notified and funds will be distributed. • As a global aerospace and advanced manufacturing hub, staff helped organize and promote a free aerospace job fair hosted by the Pacific Northwest Aerospace Alliance, the Aerospace Joint Apprenticeship Committee, and the Center of Excellence for Aerospace and Advanced Manufacturing. The event was held September 15 at the Centerpoint Business Page 1 of 10 Packet Pg. 8 5.B Park. With so many Kent Valley companies hiring, the area is a booming jobs destination for candidates interested in aerospace. Many of the career opportunities here can't be found anywhere else. Long Range Planning • 2024 Comprehensive Plan Update: LRP staff are wrapping up contract negotiations with the chosen consultant team to assist with the 2024 Comprehensive Plan update. Staff are concurrently applying for a Department of Commerce grant in the amount $325,000 to help finance this work. • Housing: LRP staff attended a joint Interjurisdictional Team (IJT)/HousingIJT meeting of the Growth Management Planning Council to review implementation of House Bill 1220 (passed 2021), a state law requiring jurisdictions to update their Comprehensive Plan Housing Elements to identify affordable housing needs and strategies. Staff continue to evaluate affordability allocation methodologies proposed by Commerce and advocate for options which recognize regional housing equity. • ST and TOD: On October 21, 2022, PSRC is hosting a TOD workshop with walking tours. ECD staff will co -host a tour of the Kent Des Moines Station and the Midway subarea. Representatives from PSRC, Des Moines, WSDOT, and Sound Transit will also attend. Budget • The Budget Division continues to compile the Mayor's 2023-2024 Proposed Budget. The Mayor will be presenting her budget at a Special Council Meeting on Tuesday, September 27 at 5:00 PM, followed immediately by a Special Workshop. Customer Service • Danae Gulling started in the Account Representative position on September 16. • Online utility and B&O payments made by e-check will go through an added bank account validation feature beginning September 18. This validation process is required by the National Automated Clearing House Association (NACHA) and is expected to reduce returned e-check payments. Accounting and Reporting • The General Ledger Team continues working with the State Auditor's Office as they focus on the 2021 Financial and Single (Grant) Audits. Much of their time is responding to requests for information and answering questions as they arise. • Payroll has been working on Release 2 for Workday. Two annual Workday updates are released that deliver substantial enhancements and new functionality. In coordination with HR, Payroll has planned, prepared, and methodically tested new functionality that automatically updated on September 12. They are also reviewing features that would require set up, to determine if any are beneficial to the City. • Updated DRS contribution rates for PERS (employer only) and PSERS (employer and employee) are effective as of September 1. There are no changes to LEOFF contribution rates. Payroll has completed testing and are ready for implementation of the updated rates with the September 20 paycheck. Tax and Business Licensing • The Tax Division is working in coordination with Multimedia on templates for new business license application forms for the 2023 relicensing period. Updates for 2023 include a new simplified form for businesses without an office or facility within Kent city limits. Workday • Workday System Update/Release took place effective 9/12; updated job aids and information to align with the updates Recruitment • New hires starting on 9/16- Danae Gulling (Account Representative), and Benjamin Kaufman (Records Specialist) • Assistant Chief promotional process took place on 9/15 • Interviews conducted for Assistant City Attorney on 9/13, Accounting Technician in Page 2 of 10 Packet Pg. 9 5.6 Parks on 9/14, and Maintenance Worker 2 in Water Distribution on 9/20 Benefits • Working with Alliant on Benefits renewals for 2023 • Working on Open Enrollment set up and testing • Open Enrollment scheduled for 10/27- 11/10 • Working with CVS to finalize one outstanding KPOA CBA change • Working with Employees and Managers on Protected Leave cases and ADA Accommodations • DRS Rate Changes effective 9/1/2022 have been completed • Review/testing of Workday R2 updates has been completed • Working on RDS Application • Health Care Board Meeting - September 28, 2022 Labor • Working on three reclasses • Preparing for negotiations that start on 9/28 • Policy updates Risk • Gathering citywide data needed to complete application for 2023 Liability insurance coverage due by month end. Information Technology Projects • Tiburon Replacement - to replace the Police Department's end of life criminal record management system, Tiburon, with a scalable solution that will integrate with other department systems for centralized management and secure/encrypted data share. The solution will streamline the current PD system landscape resulting in more efficient, accurate tracking of records and maintenance contract savings in addition to aligning with citywide initiatives. • GolfNow Upgrade - to migrate the on premise GolfNow system to the providers hosted G1 environment. With this move we will be on GolfNow's supported platform and will allow us to upgrade the technology that it runs on at the Point -of -Sale locations. Information Technology operational support for September 04, 2022 to September 13, 2022 • Number of tickets opened - 139 • Number of tickets closed - 257 Enterprise GIS General: • Normalization of address database to King County 911 data • Working with Parks to help with GIS items • Rebuilding GIS Kent GeoPortal for city website • Completing inventory of GIS core SDE data citywide • Building 3D citywide building layer • Working to complete preparation on the rearchitect of GIS system implementation • Assessing GIS Warehouse Task Force data and standards • Accessing ValleyCom 911 data Weekly Customer Service Requests • Monthly GIS data update • Providing customer support to help staff connect to GIS data • Managing Connect Explorer login access • eGIS participating in citywide software implementations and providing GIS support • Prosecutors prepared 127 criminal cases for trial in September. Six of those cases were set to trial the week of September 12 The remaining cases were either resolved by plea or dismissal, or were otherwise continued to a future trial date. • As of September 13t", the criminal division has received 77 misdemeanor cases for review and filing. A single defendant may have more than one case filed against them. Of those 77 cases, 32 involve a criminal defendant who is being held in custody, and 45 involve a criminal defendant who is out of custody and charges were filed "at large". • The criminal division continues to work in collaboration with the municipal court to vacate previous convictions for cases impacted by the state Supreme Court's ruling in State v. Blake. In State v. Blake, Page 3 of 10 Packet Pg. 10 5.B the Court found statutes that made it unlawful to possess drugs or drug paraphernalia, without requiring prosecutors to prove the defendant knew they possessed those drugs or drug paraphernalia, were unconstitutional and void. • Continued to help the Finance Department evaluate and resolve a director -level, administrative appeal involving the assessment of utility taxes. Following a conference with representatives from the taxpayer, and its attorney, the Law department will help the Finance department make a final determination as to whether the City's utility tax is applicable to the taxpayer's business operations. If necessary, the Law department will represent the City in any further appeals. • The Law Department celebrates the completion of the cleanup of the wetland at the end of the South 216th Street. Over the past few years, attorneys have worked to help acquire this property and then to hold the parties responsible for contaminating the wetland under the Model Toxics Control Act. • Assisted the HR Department in a number of sensitive employment and labor related matters. • Assisted City departments in reviewing and negotiating contract terms for a number of contracts related to construction, technological, and development projects. • Assisted outside counsel on a number of cases currently in litigation. • Worked with staff to acquire the property rights necessary to complete various projects throughout the City. Recreation and Cultural Services • Public Art projects continue to add color and vibrancy to the city! The 2022 batch of traffic signal control box artwork has been installed in locations throughout Kent. One final location (2nd Ave. and Gowe St. at Kent-Kherson Park) will be installed once the park renovation is complete. • The Kent Creates platform has been officially retired due to cyber security issues related to the site's aging technology. • The 2022-2023 Spotlight Series season brochure has been printed and mailed. Each of the six shows have sold approximately 50 tickets as of September 7. Unfortunately, the opening Spotlight Series performance - Catapult "Magic Shadows" - has been canceled. Two other venues withdrew from the tour, creating a financial situation that led the company to cancel all the remaining dates, including ours. Ticket buyers have been notified and are receiving full refunds. • Fall classes are in full swing and registrations are soaring! Popular classes this fall with waitlists are Dance Team I & II, Hip Hop, Ceili Irish Dance, Parkour, Piano, Child2Chef Cooking, Youth Art, Musical Movement and Tiny Tot (18 m-3 yrs) classes! Be sure to check out all our program offerings for you or family members at mykentparks.com. • New Preschool Classes! The community asked, we listened! Kent Parks is providing a variety of play -based, child -centered educational preschool programs for children ages 18m -5 years old. Class offerings range from art, science, cooking, and play! • The Senior Activity Center hosted a highly successful 2nd Annual Food Truck Frenzy on September 8th. Designed to be a fun and entertaining outreach event, it provided community members an introduction to senior services, recreation opportunities, and much more. Over 170 participants attended this outdoor event. We are already looking forward to and planning for next year. • The Kent Senior Activity Center would like to introduce Hannah Barber, our new Senior Services Outreach Coordinator. This position, funded through King County's Veterans, Seniors, and Human Services Levy, will be pivotal in helping make sure the physical, cultural, mental health, and social needs of our aging population are being addressed. Welcome Hannah. Page 4 of 10 Packet Pg. 11 5.6 Facilities • Driving Range Fire: Operations have been going well and we've received clearance to start repairs. Working on scheduling because carpet isn't due to arrive for about another eight weeks. • Solar grant application for the Senior Center roof was submitted and we were awarded the grant. We still can't formally announce. • Courthouse and Corrections generator project is underway. The generator slab was poured. The generator has a very long lead time and expected to arrive in April 2023 at which time it will be installed and commissioned. • Police HQ Renovation is in progress. The training room is scheduled to be completed in the next few weeks and looking very nice. Lunchroom millwork is in process and we're pushing to complete. • Senior Center Roof bid was awarded to Signature Roof Service LLC. The start date was pushed to October due to scheduling conflicts. • IT Annex remodel scheduling is in process and IT is being very helpful with moving and cleaning items. • HVAC team has continued to be very busy with the hot weather and doing a great job responding to fix any issues. The change in weather is coming so they're preparing for the colder months and switch over. • Kent Commons gym wall pads are moving forward and expected to be installed before the end of the year. • Contracting with Sazan to start the engineering and design for the new Police HQ cooling tower. • A new commercial walk-in refrigerator for Corrections is approved. This has an extremely long lead time and we'll be tracking it closely. • Driving Range smashed doors have a 6- month lead time. Order is placed and we're tracking. • New gate and operators for the Shops East gate is approved and put into production for replacement and upgrades. • New fence and gates for the Commons back parking lot is approved and moving into production. Staff Changes - Hiring/Retirement/ Recruitment/Leaves/Promotions • Lateral Officer Cassandra Ward started September 1. • Lateral Officer Bill Guyer started September 1. • Entry Level Officer Justin Whitlock started September 1. • Entry Level Officer Samir Mahfuz was separated from employment September 8. Significant crime activities/arrests /investigations • On August 29, at 12:07 pm, officers were dispatched to an assault at the Peking Market located at 23729 104' Ave SE. The victim was a contractor doing work on the property and the owner was the suspect. The victim and suspect got into an argument regarding how many dumpsters the contractor had paid for to use, and the suspect escalated the situation into a physical fight. During the fight, he pointed a handgun at the victim. The suspect was taken into custody for Assault. • On August 31, at 3:52 pm, officers were dispatched to a stabbing at Central Flats Apartments. Two victims were located. An adult male who is the husband and father of the victims was detained. This male also had stab wounds as well as an injury to his head and abdomen. All three were transported to the hospital. Detectives are investigating. • On September 1, at 3:36 am, officers responded to a threat with a weapon incident located at the 7-Eleven located at 20727 108t" Ave SE. A vehicle had been blocking numerous parking stalls as it was parked horizontally. The victim yelled at the driver (suspect) of that vehicle which prompted the suspect to get out and walk over to the victim holding a handgun. The suspect broke out the window of the victim's vehicle and pointed the gun at him. The suspect then fled in the vehicle. Detectives are investigating. • On September 2, at 9:30 pm, officer responded to a vehicle vs pedestrian accident at 2401" & Pacific HWY. The pedestrian was transported to Harborview c U 0 U 0 N 0 a a� Page 5 of 10 Packet Pg. 12 in critical condition. The juvenile driver was arrested for DUI. • On September 3, at 3:00 am, officers responded to a shooting at the Shell Gas Station located at 22588 84t" Ave S. The victim had been hanging out at the Chevron Gas Station at S 180t" St and East Valley Hwy looking at vehicles. When he left, he was traveling southbound on Hwy 167 when the suspect vehicle pulled up beside him and began to match speeds. The victim then heard gunshots and was hit in the leg. Detectives are investigating. • On September 3, at 4:02 am, officers responded to an assault that occurred at the Chevron located at 8315 S 2121" St. The victim was filling up his vehicle with gas when two males abruptly walked up to him, one holding a handgun. The suspects demanded money and the victim stated he did not have any. One of the suspects hit him over the head and they ended up taking a credit card and his driver's license. The suspects fled in a vehicle. Detectives are investigating. • On September 4, at 1:53 am, officers were dispatched to Arbor Chase Apartments where 20 subjects were fighting. Four males had significant slashing wounds. All were treated and refused to go to the hospital. All parties refused to provide any details. • On September 5, at 12:38 am, officers were dispatched to a shooting at the Ventanna Apartments. The victim's ex - boyfriend had shot into her residence, no one was injured, and the suspect fled in a red pickup. An officer located the suspect vehicle and initiated a brief pursuit until the suspect ran on foot. A K9 track was conducted, and the suspect was taken into custody. The handgun was believed to be inside the vehicle which was impounded for a search warrant. • On September 6, at 12:09 am, officers were dispatched to a residential burglary in progress in the 23700 block of 1261" PI SE. Three subjects wearing ski masks walked into a back yard. Neighbors saw flashlights moving around in an upstairs window. Officers also found a reported stolen vehicle in a parking lot near the 5.6 location that appeared to be the suspect's vehicle. Officers waited until three male suspects exited the residence through the rear slider. They were confronted and ran from the area. A K9 was deployed, and all three suspects were taken into custody. One suspect was armed with a firearm. They attempted to take electronics and miscellaneous items, all of which were recovered. • On September 7, at 2:00 pm, SIU Detectives were conducting surveillance attempting to locate a homicide suspect a within the City of Auburn. While they were 0 doing this, they saw the suspect confront two subjects in the parking lot at that — U location. Detectives watched as the suspect ; pulled out a gun and shot both people L) before fleeing on foot. Auburn and Kent E officers responded along with SWAT ° personnel and took the suspect into custody. The suspect was booked for the a shooting in Auburn. Detectives are filing murder charges for the prior homicide and filing a Seattle Shooting that the suspect a committed hours prior to our homicide. • On September 8, at 7:57 am, a Command N L Staff member from the South King County Fire Consortium located in the 20800 block o of 84t" Ave S had his work vehicle broken a) into and several thousand dollars of M equipment was taken. It was also N discovered that two other employee 'c vehicles were broken into as well. E Detectives are investigating. w • On September 8, at 9:56 am, officers were dispatched to the Kent Parks and Rec Golf center regarding an armed robbery. A c subject walked into their building and took two rental golf clubs. When the subject was .2 confronted by an employee, he pulled out a I handgun and pointed it at the employee. c The suspect was detained and taken into U custody. The suspect was booked into the King County Jail. • On September 9, at 9:18 am, officers were dispatched to a robbery that occurred at the EZ Smoke Shop located at 26022 Pacific Hwy S. The suspect came into the store and robbed it at gun point. The suspect took Vape pens and money, tied Page 6 of 10 Packet Pg. 13 5.B up the victim with a shoestring and fled the store. Detectives are investigating. Events and awards • Evidence Custodians Tarisa Bacon and Ashley Orlowski were commended for their attention to detail and accountability during a full evidence audit of all sensitive items. Environmental • Mayor's Homeless Outreach Team/On-Call Garbage Contract: Totem Logistics began cleanup of the Little property (at the foot of James behind the stormwater pump station). Work is expected to last one day. Staff continues to work with PD and PWO to identify encampments and clean them up. Staff will meet with Totem Logistics, PD, and Housing and Human Services on Thursday, September 15th at an active camp area south of 112th and 240th on the East Hill. Once posted, and the quote to cleanup the encampments are approved, Totem will begin its work. • TeamUp2CleanUp: The fall TeamUp2CleanUp was Saturday, September 17 from 9-noon. • 2022 Recycle Collection Events: A record number, 200+ vehicles, attended the final mini event of the year Friday, September 9 (1-4 pm) at the Kent United Methodist Church. Residents were able to recycle electronics, mattresses, documents for shredding, and paint. The final large recycle event is Saturday, October 15 (9 am to 3 pm) at Hogan Park on Russell Road. This is a free event to the public. Working with Multimedia to update the event brochure for mailing. • Cross Connection Control Program: Coordination with customers and site inspections - Klavano Property, Northwest Corporate Park, Hawthorn Suites, Tacoma Screw, Les Schwab, Kent International Plaza o Permit Center - We had a good meeting with Permit Center/Development Engineering staff regarding cross - connection control permit designation and review on Sept 7 and got some resolutions on the issues discussed. Permit Center manager will send an email about some deliverables discussed during the meeting. • Stormwater Planning: Water Quality staff will meet with representatives from other departments and other Public Works divisions. The meeting is Wednesday 9/14 at 10 am and will cover long range stormwater planning, low -impact stormwater management, and basin planning efforts. Design • 2023 Overlays: locations finalized. Preparing for complete streets and validation of crosswalk locations. 30% review expected mid to late September. Early 2023 advertisement. • S. 224th St - Phase 3 West and East: o WEST: further coordination with utilities indicate that advancing a Joint Utility Trench is too costly for utilities. Team incorporating time for utility relocation work to be done concurrent to the project and constructability impacts. Preparing 60% review package expected to be distributed late September. NEPA approved by WSDOT. Early summer advertisement expected. o EAST: evaluating stormwater options (existing pond and proposed pond). • Willis St - 74th Improvements: all documents submitted to WSDOT on the channelization plan. Moving ahead with PS&E development. Design submitted to Olympic Pipeline for review. Early 2023 advertisement. • Panther Lake Library on 108' Ave SE: preparing to kick off project and consultant selection process for development of channelization plans and documentation. • Safe Routes to School (SRTS) - School Zone Flashers: preparing to kick off project. Gathering information to place project on the STIP. Construction • West Hill Reservoir: electrical between control building and tank ongoing. Recirculation pump installation underway. Encapsulation of exterior being completed. Starting exterior coating process with special inspector oversight. co c U 0 U E 0 N 0 a a� Page 7 of 10 Packet Pg. 14 • Downey Side Channel Restoration Final Phase: crews continue to haul off material week of 9/12, with all in water work scheduled to be complete. The final type 2 log structure completed on 9/12. Installation of the erosion control blanket has begun. • 2022 Asphalt Overlays: concrete demo and flatwork occurred week of 9/12 at 941" and 248t" and seal coating speed cushions on 40t" and on 268t" Wednesday and Thursday. 761" Avenue South - North Segment: PCMS boards going up this week for pending southbound only traffic revision scheduled for 9/19. Contractor preparing critical material submittal packages and submitting survey requests for layout. Lumen waiting on direction for the conclusion of their conduit relocation. Streets • Street Maintenance performed sidewalk repairs on SE 274t" Way, repaired a concrete curb on W Meeker St, cleaned the shoulder areas on Russell Rd, replaced railroad pylons on W James St, performed grinding/paving and hot patching for an inlay on S 200t" St and on 132nd Ave SE, cleaned and swept the roadway at 737 Wynwood Dr and sealed inlay/overlay patches at various locations Citywide. • Signs and Markings installed signs and bases on 116t" Ave SE, on SE 216t" St and 5.6 on 124t" Ave SE, installed flex posts on W Smith St, W Meeker St, SE Kent Kangley Rd and on 64t" Ave S, installed bases and replaced signs for retro-reflectivity on 94t" Ave S and maintained signs in various locations Citywide. • Solid Waste cleaned up debris in several locations including along Military Rd S, 132nd Ave SE, 3rd Ave S and at the dead- end area of Novak Ln. • Water Vegetation mowed and line trimmed multiple locations such as at the Clark Springs fence line, Pump Station #5, the a 212t" Treatment Plant, the 208t" Well, the co upper and lower area of Kent Springs and at the West Hill sites. - • Street Vegetation staff picked up litter and ; cleared debris along 124t" Ave SE and 0 along SE 196t" St, pulled weeds, cleared E debris and tested backflow assemblies in ,° various traffic islands Citywide, mowed, line trimmed, cleaned up litter and spot a sprayed in the planted beds along James Hill, and sprayed Rachel's Place easement for the Storm Department and along a roadsides Citywide. • The Sidearms mowed on 132nd Ave SE, S ) 208t" St, S 272nd St, Pacific Hwy S, SE 216t" St, S 218t" St, 84t" Ave S, Frager Rd, o Riverview Blvd, Green River Rd, Garrison > Hill from Benson Rd SE to 94t" PI S and along the upper area of Kent Springs. N • Wetland Mitigation crews ran the irrigation c systems at the Downey, KOA, 72nd Ave and E Barn Road mitigation sites, line trimmed w and removed weeds at the Barn Road mitigation and GRNRA Cottonwood Forest U sites, built an irrigation system and began c planting at the Hytek site and weeded the plants around the GRNRA nursery. Water • Staff have worked on water service E renewals on Scenic Way and E Titus St, U potholed for the 76t" Ave S North Phase project and worked with the contractor on water main shutdowns for the Ovation project on W Harrison St. Staff have also continued to repair, replace and exercise fire hydrants from their maintenance list. Source, Supply and Pumpstations • Source and Supply staff have performed disinfection biproduct sampling for the Page 8 of 10 Packet Pg. 15 5.B Department of Health, installed a new Permanganate Breakthrough Detector, checked the transmission main trails and fences at various watersheds, worked on writing up contracts for the fall restraint system, to remove hazardous trees at Clark Springs and for the 212th treatment plant gutter/roof cleaning and anchor placement, checked fuel levels in generators and performed any needed maintenance, collected wellhead samples and data, performed operations and exercised the generator at the 2121h treatment plant and performed various site checks for any needed maintenance or repairs. • SCADA staff checked demands and flow at the 212th treatment plant well and adjusted as needed, continued to work on the hotbox power project at the Guiberson Corrosion Facility, programmed the SCADA controls and screen work for pumpstation #6 Fill Mode operations, assisted with the installation of the Permanganate Breakthrough Detector, worked with IT on updating/replicating the SCADA virtual boxes and performed troubleshooting and testing of the Renton Intertie system. • Pumpstation crews prepared the Frager wet well for removal and checked various pumpstations for any needed maintenance or repairs Storm/Sewer/Drainage Vegetation • Storm crews cleaned storm lines on 110th Ave SE and for 2023 overlays on S 259th PI, took inventory of ditches on SE 264th St, performed vault inspections and hauled spoils and performed site maintenance at the Vactor site. Crews also performed National Pollutant Discharge Elimination System (NPDES) assessing on 116th Ave SE, SE 204th PI and on 127th PI SE and pumping on SE 223rd PI and on SE 214th Pl. • Sewer crews TV'd and cleaned existing sewer lines with the Vactor between 104th Ave SE and 1161h Ave SE from SE 237th St to SE 244th St, between 124th Ave SE and 132nd Ave SE from SE Kent Kangley Rd to SE 256th St, for the 2023 overlays on S 1961h St between 6611 Ave S and 681h Ave S, on Reith Rd between 38th Ave S and Military Rd S, on SE 229th PI between 100th Ave SE and 104th Ave SE, on Kensington Rd at Reiten Rd and the new sewer line at Sunrise View South on 119th Ave SE at S 242nd St, performed manhole lid and frame changeouts on 96th Ave S and cleaned the lines at the Monte Carlo Pub. • Wetland Maintenance mowed, line trimmed, sprayed and removed invasive weeds at the 64th Ave P2 channels on 64th Ave S, the Russell Rd Wetland on Russell Rd S, Kentview North on 43rd Ave S, Kentview Northwest on Veteran's Drive, Kentview Southwest on Military Rd S, Swan Court on 112th Ave SE, South Bend on 116th Ave SE, Royal Woods Manor on 27th PI S, McSorley on S 272nd St, Birk on Pacific Hwy S, the Kennebeck Wetland on Kennebeck Ave, Signal Electric on 3rd Ave S, the 72nd Ave diversion channel on 68th Ave S, the 196th corridor wetland on S 196th St, Pacific Northwest Equipment on S 200th St, Kam Singh on SE 277th St, Garrison Creek on S 216th PI and at the South Seattle Auto Auction on 77th Ave S and inspected wetlands for transient activity and removed litter as necessary at Maplewood Grove on 108th Ave SE, Redondo on 27th Ave S, Signal Electric on 3rd Ave S, 72nd Ave Diversion Channel on 72nd Ave S and at Horseshoe Bend on 80th Ave S. • Holding Pond crew mowed and line trimmed at Greenfield Park on 26th PI S, Winterbrook on Cardiff Ave, Cambridge East on Somerset Ln, Randall Park on S 2615t St, Pacific Hwy Pond on 215t Ct S, Kentwood Glen on S 247th St, Muth on S 215th PI, the 216th roundabout holding pond on S 216th St, The Vineyard on 35th PI S, LID 353 (behind Century Motel) on Military Rd S, KDM Pond and the Linda Heights Easement on S 248th St and at Punjab Plat on S 259th PI. Fleet/Warehouse • The Warehouse crew continued to assist with CDL training, maintained the shops yard, keeping it clean and free of litter and debris, cleaned and maintained the wash rack, washed and vacuumed motor pool vehicles, issued personal protection equipment (PPE's) and motor pool vehicles to staff and hydrant meters and public CO c U 0 U E 0 N 0 a a� Page 9 of 10 Packet Pg. 16 5.B notice boards to contractors, repaired small equipment as needed, received parts and inventory orders, hauled spoils as time and equipment were available and continued to manually open and close the broken East gate daily and locked and unlocked the gates in the employee south parking lot at the beginning and close of the work day. Fleet staff sent Police Department vehicles to the upfitter to remove items going into new vehicles, worked on new truck builds for the Signs and Street departments, modified catalytic converters on vehicles to assist with deterring theft, prepared vehicles for auction, performed air brake inspections, worked on various mower repairs and worked on scheduled and non- scheduled maintenance and repairs. Page 10 of 10 Packet Pg. 17 KENT WAS M IN G 7 0 N Date: September 6, 2022 Time: 5:02 p.m. Place: Chambers I. CALL TO ORDER Pending Approval City Council Workshop Workshop Regular Meeting Minutes September 6, 2022 Council President Boyce called the meeting to order. Attendee Name _ Title Bill Boyce Council President Status Arrived Present Present Brenda Fincher Councilmember Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Excused Toni Troutner Councilmember Councilmember Mayor Present Present Present Les Thomas Dana Ralph II. PRESENTATIONS 1 Human Services Funding Allocation Merina Hanson 30 MIN. Process Update Merina Hanson, Parks Human Services Manager presented the Human Services Funding Recommendations for 2023-2024. Human Services Vision is "All residents experience Kent as a thriving, sustainable, and inclusive community." The purpose of the Human Services Strategic Plan is to provide a roadmap for investing in community priorities over the next five years; identify new or expanded strategic partnerships to leverage resources and services to the community; and align City investments with those priorities and partnerships. Human Services Mission is to "Create a healthy, thriving, and inclusive community for all Kent residents by ensuring access to opportunity and high - quality services that respect each person's unique experiences." Hanson reviewed the Guiding Principles and also talked about how equity is part of the process. Hanson talked about the priorities of: A good start Packet Pg. 18 City Council Workshop Workshop Regular Meeting Minutes Healthy aging Individual and community well-being Stable housing September 6, 2022 Kent, Washington For the 2022 funding application cycle, Hanson talked about: Equitable grantmaking Details of the data What changed as a result of the 2020-2021 Equity Analysis The Technical assistance overview Hanson reviewed the funding recommendations by Master Plan Priority Area Sub Category and talked about the follow-up review for parity, funding source, and percentage of funding by priority area. Human Services Commissioners held a special, publicized meeting to review the revised funding recommendations. Staff presented the recommended adjustments based on the parity review and funding source analysis. Commissioners voted and approved the funding recommendations unanimously Funding recommendations will be included in the 2023 City of Kent Budget. Staff will Continue to refine the funding source, communicate the funding recommendations to Mayor, CAO and Councilmembers; communicate funding recommendations to organizations; draft a process for completing an Equity Review of the application process and discuss at the September Human Services Commission meeting; draft an African American and Hispanic community population specific research and investment plan and begin discussions at the September Human Services Commission meeting; and begin drafting 2023-2024 contracts and negotiate scopes of work with funded organizations. This includes refining performance measures and outcomes that will be reported by agencies quarterly. Lori Guilfoyle, Senior Human Services Coordinator provided information on how the participants were recruited to get input, including selecting people involved and engaged in the community, those with relevant expertise, by age, gender, race or by their work experience. 2 Sound Transit Federal Way Link Derek Hawkes 30 MIN. Extension Mark Madfai Mark Madfai, Design Engineering Supervisor and Liaison for Sound Transit presented the Federal Way Link Extension Update. Madfai provided an overview of the project and talked about the station c 4- 0 0 a Page 2 of 3 Packet Pg. 19 City Council Workshop Workshop Regular September 6, 2022 Meeting Kent, Washington Minutes ..............................................................................................................................................................................................................................................................................................._......................................................................................................................................................................................................... names, reviewed statistics regarding permit revisions and talked about the Kent Des Moines Station garage. Madfai showed multiple photos of current progress of work on the Star Lake Station and Garage, Kent Des Moines Station, and Traffic Mitigation Projects. Revenue Service Schedule has been extended beyond 2024. 3 Storm and Sewer Updates Jens Vincent 30 MIN. Jens Vincent, Sewer/Storm Drainage Manager for Public Works Operations presented an update on Sewer/Storm projects and accomplishments. w 0 Vincent talked about the Sewer Pump Station Maintenance and Sanitary Sewer Pump Stations. 0 a a Vincent reviewed sewer line replacement projects and pipe repair projects. Sewer line replacement in addition to storm improvements at Mill Creek a Middle School and Bridges Vault Maintenance. o Meeting ended at 6:30 p.m. K6mbv,rZey A. K" oto- City Clerk Page 3 of 3 Packet Pg. 20 KENT WAS M IN G 7 0 N Date: September 6, 2022 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Pending Approval Kent City Council City Council Regular Meeting Minutes September 6, 2022 Attendee Name Dana Ralph 1Title Mayor Status Arrived Present Present Present Bill Boyce Council President Brenda Fincher Councilmember Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Toni Troutner Councilmember Present Les Thomas Councilmember Councilmember I Present I Excused Zandria Michaud 3. AGENDA APPROVAL Chief Administrative Officer, Pat Fitzpatrick requested the addition of a Consent Item 8.N for an Excused Absence for Councilmember Michaud. A. I move to approve the agenda as amended RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas 4. PUBLIC COMMUNICATIONS A. Public Recognition Mayor Ralph recognized the recent changes in staff that included Pat Fitzpatrick as the Chief Administrative Officer, Tammy White as the City Attorney and Christina Schuck as the Deputy City Attorney. Mayor Ralph recognized the City's Video Program Coordinator, Alex Klinger and the entire Multimedia Department for receiving seven first place awards, four second place awards and two third place awards from the 2022 Government Programing Awards. Mayor Ralph expressed sincere appreciation for Klinger and the work he does Packet Pg. 21 Kent City Council City Council Regular Meeting September 6, 2022 Minutes Kent, Washington in elevating the City of Kent and for his professionalism. to help elevate the City of Kent Klinger expressed his appreciation for his team, the leadership team and the hard work of all City employees. i. Employee of the Month Mayor Ralph recognized Tania Reyes-Selden, Paralegal in the City's Law Department as the City's September Employee of the Month. V) City Attorney, Tammy White expressed her appreciation of Reyes-Selden and of all of the hard work that she does in supporting the Law 2 4- Department. ° ii. Proclamation for National Recovery Month i a Mayor Ralph presented the Proclamation for National Recovery Month to �- a Kathleen Murphy, Behavior Health Specialist, from King County Behavioral Health and Murphy expressed appreciation of the proclamation. a iii. Appointments to the Kent Arts Commission Mayor Ralph requested Council confirm her recommended appointments of Kelly Spreitzer and Sandra Pearce to the Kent Arts Commission. B. Community Events Council President Boyce announced upcoming events at the accesso Showare Center. Councilmember Fincher announced Team up 2 Clean Up and invited the public to visit Kentwa.gov to sign up to volunteer. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor talked about her recent visit to the Howard Hanson Dam kicking off the funding for the Fish Passage Project, with Public Works Director, Chad Bieren, Congresswoman Kim Shrier and Senator Patty Murray. Mayor visited SKCAC Industries and Employment.- employment for individuals with disabilities. SCAC empowers people with disabilities by offering employment services, packaging, assembly, and fulfillment services. Mayor Ralph advised that the City of Kent employs several supported employees and is looking to grow the program. Mayor Ralph indicated that she traveled with Chief Padilla along with a South King County delegation to Tucson, Arizona to visit their Crisis Receiving Center. Mayor indicated the Center is open 24/7 - it's a stabilization center. Page 2 of 7 Packet Pg. 22 Kent City Council City Council Regular Meeting Minutes September 6, 2022 Kent, Washington Crises Center staff help develop plans for connecting people with services - something that is needed in South King County. The delegation also visited Tucson's version of Valley Communications 9-1-1 center. Tucson's 9-1-1 operators recognize the need for support and do a warm hand off. The caller gets passed on to a crises responder to take the time to help stabilize the caller. Mayor advised there are multiple ordinances on tonight's Consent Agenda that will be followed up with budget requests for our municipal court to continue the Community Court to assist those with resources. B. Chief Administrative Officer's Report Chief Administrative Officer, Pat Fitzpatrick advised his written report is in 4- today's agenda packet and there is an Executive Session regarding current 0 litigation that is expected to last for 10 minutes. 'o a Fitzpatrick indicated budget preparation continues and there is a special a workshop retreat on October 51" at the Green River College campus at the Kent Station. a 0 0 C. Councilmembers' Reports ti N Council President Boyce serves as the Chair of the Operations and Public N Safety Committee and provided a recap of today's agenda items. Council President Boyce serves as the Chair of the Council's Workshop and provided a recap of the three presentations from today's meeting. Councilmember Kaur serves on the Multicare Board and advised the Covington birth center is closing due to low demand. Kaur advised the Washington State Building Code Council is proposing changes to the residential energy codes and the public hearing is open now through October 14th. Councilmember Fincher serves on the Sound Cities Association King Conservation District Advisory Committee - Visit KingCD.org for free services. Councilmember Fincher serves on the Sound Cities Association Mental Illness and Drug Dependency Oversight Committee King County. Fincher expressed appreciation for Kent organizations that provide services: Kent Youth and Family Services, Peer Kent, Birds Flying Free Art Therapy, Seamar, and Valley Cities. Councilmember Fincher serves on Kent's Arts Commission and advised of the upcoming Spotlight Series events. Page 3 of 7 Packet Pg. 23 Kent City Council City Council Regular Meeting Minutes September 6, 2022 Kent, Washington Fincher serves as the Chair of the Public Works Committee and advised the new West Hill water tower is being painted. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governance Board that will meet on September 71" at 5:30 station 78 in Covington. 6. PUBLIC HEARING •[m a� 7. PUBLIC COMMENT Avalyn Rudolph, from Troop 8455 advised she is working on a merit badge 4- that requires her to discuss an issue going on in the community right now. 0 0 Rudolph asked about the Kent Teacher's School District strike. a Q Eddy Walsh, from Troop 8455 was also in attendance. s S. CONSENT CALENDAR Move to approve consent items A - N. Mayor expressed appreciation for the action the Council took tonight to pass the ordinances relating to public safety issues. Mayor spoke to each of the resolutions. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas A. Approval of Minutes Council Workshop - Workshop Regular Meeting - Aug 16, 2022 5:00 PM City Council Meeting - City Council Regular Meeting - Aug 16, 2022 7:00 PM B. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 8/15/22 and paid on 8/15/22 and authorize the checks issued for payroll 8/1/22-8/15/22 and paid on 8/19/22, all audited by the Operations and Public Safety Committee on 8/16/22. C. Consolidating Budget Adjustment Ordinance for Adjustments between April 1, 2022 and June 30, 2022 - Adopt Page 4 of 7 Packet Pg. 24 Kent City Council City Council Regular Meeting Minutes September 6, 2022 Kent, Washington MOTION: I move to adopt Ordinance No. 4439, consolidating budget adjustments made between April 1, 2022 and June 30, 2022, reflecting an overall budget increase of $16,463,769. D. Redesignate Remaining ARPA Flex Fund Allocation for Commercial Affordability Projects: City Allocation - Authorize MOTION: I move to authorize the redesignation of the remaining FlexFund American Rescue Plan Act allocation in the amount of $1.1 million for commercial affordability projects and work with Community Development Financial Institution partners to support Black, Indigenous, and people of color businesses and developers in Kent. E. Ordinance Restricting the Sale of Aerosol Paint Containers - Adopt MOTION: I move to adopt Ordinance No. 4440, that amends Chapter 9.02 of the Kent City Code to make housekeeping revisions to KCC 9.02.660 related to the crime of possessing graffiti tools and to enact new code sections that restrict public access to aerosol paint containers and prohibit sales of those paint containers to minors. F. Ordinance Prohibiting Solicitation of Occupants of Vehicles - Adopt MOTION: I move to adopt Ordinance No. 4441 adding Section 9.02.645 to the Kent City Code that prohibits any person from entering or remaining on an arterial roadway or median with the intent to conduct a solicitation of the occupant of any vehicle traveling on or stopped on the arterial roadway. G. Ordinance Prohibiting the Unlawful Use of Dangerous Drugs in Public Places - Adopt MOTION: I move to adopt Ordinance No. 4442, amending Chapter 9.12 of the Kent City Code related to dangerous drugs to prohibit the use of those drugs in public places, and to repeal or revise other code sections to ensure consistency with the state Uniform Controlled Substances Act. H. Pedestrian and Bicycle Program - Pedestrian Hybrid Beacon on 108th Avenue SE at Kent Panther Lake Library - Authorize MOTION: I move to authorize the Mayor to sign all documents necessary to accept grant funding from the Washington State Department of Transportation Pedestrian and Bicycle Program and to amend the budget to authorize the expenditure of funds to design and construct a Pedestrian Hybrid Beacon on 108t" Ave SE (SR 515) near the Panther Lake Library. c 4- 0 0 a Page 5 of 7 Packet Pg. 25 Kent City Council City Council Regular Meeting September 6, 2022 Minutes Kent, Washington I. Safe Routes to School - School Zone Flashers - Authorize MOTION: I move to authorize the Mayor to sign all necessary documents to accept grant funding from the Washington State Department of Transportation Safe Routes to School Program and to amend the budget to authorize the expenditure of funds to design and construct School Zone Flashing Beacons in nine school zones. J. Consultant Agreement with KBA, Inc. for the 76th Avenue South - North Segment Project - Authorize MOTION: I move to authorize the Mayor to sign the Consultant Services Agreement with KBA, Inc. for contract administration, management, quality control, and inspection in the amount of o $402,242 for the 76t" Avenue South - North Segment project, subject to final terms and conditions acceptable to the Public a Works Director and City Attorney. a K. Appointment of Kelly Spreitzer to the Kent Arts Commission - Confirm a MOTION: I move to confirm the Mayor's appointment of Kelly 0 ro` Spreitzer to fill a vacated position on the Kent Arts Commission N that will expire on November 15, 2025, after which time, N Spreitzer will be eligible to serve two full 4-year terms. a L. Appointment of Sandra Pearce to the Kent Arts Commission - cn Confirm 4- 0 MOTION: I move to confirm the Mayor's appointment of Sandra Pearce to a four-year term as an alternate on the Kent Arts Commission. The term will begin on September 6, 2022 and expire on September 5, 2026. M. Accept the 2022 Crack Sealing Project as Complete - Authorize w MOTION: I move to authorize the Mayor to accept the 2022 Q Crack Sealing Project as complete and release retainage to Huizenga Enterprises, LLC upon receipt of standard releases from the State and the release of any liens. N. Excused Absence for Councilmember Michaud - Approve MOTION: I move to approve an excused absence for Councilmember Michaud as she is unable to attend the meeting of September 6, 2022. 9. OTHER BUSINESS None. 10. BIDS Page 6 of 7 Packet Pg. 26 Kent City Council City Council Regular Meeting September 6, 2022 Minutes Kent, Washington None. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION The council went into executive session at 7:55 p.m. for 10 minutes with no action expected when the Council reconvenes into regular session. A. Current Litigation, as per RCW 42.30.110(1)(i) 12. ADJOURNMENT The Council reconvened into regular session at 8:05 p.m. With no action, Mayor Ralph adjourned the meeting. Meeting ended at 8:07 p.m. K&H Ley A. Kavu)to- City Clerk Page 7 of 7 Packet Pg. 27 8.B • KENT *A S M IN G T O N DATE: September 20, 2022 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: I move to approve the payment of bills received through 8/31/22 and paid on 08/31/22, and approve the checks issued for payroll 8/16/22- 8/31/22 and paid on 9/2/22, all audited by the Operations and Public Safety Committee on 9/6/22. SUMMARY: Approval of payment of the bills received through: 08/31/22 and paid 08/31/22 Approval of checks issued for Vouchers Date Document Numbers Amount 08/31/22 Wire Transfers 9348 9361 $2,229,018.11 08/31/22 Regular Checks 763623 763967 $5,825,606.61 08/31/22 Payment Plus 104437 104466 $164,765.28 Void Checks ($500.00) Void Payment Plus $0.00 08/31/22 Use Tax Payable $1,947.00 Total Accounts Payable: $8,220,837.00 Approval of checks issued for Payroll: 08/16/22-08/31/22 and paid 09/02/22 Date 09/02/22 Checks Voids and Reissues 09/02/22 Advices FR&P Total Payroll: Document Numbers BUDGET IMPACT: None 09/06/22 PASSES I,MY,W11 :1M- LSiy Amount $2,104, 203.29 $0.00 $5,931.10 $2,110,134.39 Operations and Public Safety Committee MOTION Packet Pg. 28 8.B 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 Packet Pg. 29 8.0 • KENT *A S M IN G T O N DATE: September 20, 2022 TO: Kent City Council SUBJECT: Grant Agreement with Washington State Administrative Office of the Courts for Kent Community Court - Authorize 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. SUMMARY: Kent Municipal Court has a Community Court Program that has operated since October 2019 without any additional funding or staff. We applied for and received a grant from Washington State's Administrative Office of the Courts (AOC) 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 (evaluations, treatment costs and treatment monitoring), and additional costs incurred, including transportation, meals, water, and snacks for participants. The funding is available through June 30, 2023. BUDGET IMPACT: None. 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. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Washington Administrative Office of the Courts Application for Grant Funding - Therapeutic Courts and Community Justice Counselors (PDF) 2. Thera peutic_Court_Grant_GRT23007_Kent Municipal Court (PDF) Packet Pg. 30 8.0 09/06/22 Operations and Public Safety Committee MOTION PASSES 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 Packet Pg. 31 WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS 8.C.a APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction The 2022 Supplemental Budget includes funds to be awarded to courts for the following purposes: 1. For the creation of new therapeutic courts or the expansion of services being provided to an existing therapeutic court. Funding may not supplant existing funds utilized for this purpose. ($4,900,000 total available statewide); 2. Support community justice counselors and community coordinators that work with municipal and district court drug and therapeutic court programs. Community justice counselors are responsible for working with court participants to ensure connection to community services and existing resources to support completion of court requirements. Funding may also be used for additional supports for participants, including bus passes and other transportation assistance, basic cell phones and phone cards, and translation services. ($2,469,000 total available statewide); Please contact Stephanie Oyler, Court Association Coordinator, with questions [or to email your completed application along with supporting documentation] at stetah�nie.❑ Ier courts.wa.go_y or 360-890-0901. Your application must be signed/dated by the Presiding Judge and Court Administrator. The final deadline for applications is 5:00 PM June 17, 2022. Applications will be reviewed and monies awarded by July 8, 2022. 1. Name and Title of Applicant: Michael Frans, Presiding Judge 2. Jurisdiction: Kent Municipal Court (KMC) 3. Phone number and email: 253-856-5735 4. Are you applying for (check all that apply): ® Funding for Therapeutic Courts $ 125,000 ® Funding for Community Justice Counselors �$ TOTAL: $125,000 5. Have you applied in the past? If yes, please specify if you would like your prior application considered. If so, please state that clearly, leave the remainder of the form blank, and complete the signature box at the end. Yes, KMC applied for the prior grant opportunity to expand its community court program. This application is modified as we are also including funds for subsidizing treatment related costs. We believe the funding qualifies for both funding options listed above. 6. Has your court or city already received funds to support the activities for which you're requesting these state funds (this includes other grants, CARES funding or any other COVID relief funding: ® No ❑ Yes 5a. If yes, please describe including dollar amounts: Our court has no other sources of funding or grants for the community court. Our court does have NHTSA/Washington Traffic Safety grant for its long-established DUI Court. Packet Pg. 32 WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS 8.Ca APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction T From the following three options, please select the category that best represents your court's current position Please select only one. ❑ My court does not have an existing therapeutic court program or any community justice counselors. ® My court has an existing therapeutic court program that it would like to expand, or would like to hire additional community justice counselors. ❑ My court has an existing therapeutic court program and we need additional funding to maintain it. 8. Please describe your court's proposed program or your court's need for community justice counselors, including your planned start date and target population. If you have an existing program, please describe your program and how your program will expand with this grant funding. Kent Municipal Court has a Community Court Program that has operated since October 2019 without any funding. Conservatively speaking, over one third of our case load is directly related to issues stemming from poverty, mental health, and severe addiction --most often a combination of all three. Our program brings applicable providers together on one calendar to meet with participants and develop individual plans for each participant. The goal is to assist participants in addressing core issues not only to reduce recidivism but to hopefully see participants leaving the court in a better position than when they came in. We identify participants that would benefit from direct connection to resources and then place them on the calendar regardless of case posture. Placement on our Community Court calendar is not outcome dependent, there is no opt -in process, the only criteria is need. We have the providers, resources, calendar space, participants that need this program, and the compassion and will as a court. What we are missing is a case manager to assist in follow up, tracking, and connection to our resources outside the Community Court calendar. The purpose of the grant request is to provide a part time case manager/social worker for our Community Court --it is the missing link in our program. Our ability to provide greater services and reach more persons in need will be greatly advanced with the addition of a case manager/social worker. Having a case manager will allow our court to improve and expand its ability to identify individuals in our court with substance use disorders or other behavioral health needs, and engage those individuals with community -based therapeutic interventions, including co-occurring disorders and homelessness intervention services. 9. Briefly explain how your court's program does or will comply with evidence -based best practices if chosen to receive grant funding. The case manager and the court will utilize treatment and other recommendations to craft specific plans for defendants to address the underlying issues, utilizing the best practices standards based on evidence and research criteria as provided by the participating programs. Compliance with individual program Packet Pg. 33 WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS 8.C.a APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction standards and practices will ensure stability for the defendants and reduce the rates of re-entry to the criminal justice process. The evidence -based approach shall include early identification and assessment of needs using established treatment and mental health evaluation techniques administered by our partner professionals in the program. While some participants may be ordered to attend Community Court as part of their pre-trial process to alleviate socio-economic factors contributing to justice involvement, the court is open to all persons with demonstrated need and an open case with KMC. The court and the providers will maintain data on the impact of the Community Court, its participants, and the effects of Community Court intervention on the participants. The Court will also periodically review its data and modify the approach as needed based on the data. Receiving funding for a dedicated case manager will allow the Community Court program to track and maintain data and coordinate services to improve client support and outcomes. 10. Briefly explain how your court's program does or will address racial inequities and increase access to the courts. A primary purpose of the Community Court is to address the unequal access to services and inequalities that perpetuate or exacerbate participants health and housing and result in increased interaction with criminal justice. By providing direct access in Community Court to the services typically unavailable to the participants, the court will be able to closely monitor participants and identify any additional equitable access issues. Also, Kent is one of the most diverse jurisdictions in the State of Washington and in the country. Recent studies place Kent in the top 10 most diverse communities in the country for its population size. Providing these services in our Community Court will have the greatest effect on communities of color and other financially and socially disadvantaged communities. KMC maintains eligibility requirements for participation in Community Court so as to address public safety while also considering the availability of appropriate treatment and each individual candidate's individual circumstances. Persons who have historically experienced sustained discrimination or, reduced social opportunities because of their race, ethnicity, gender, sexual orientation, sexual identity, physical or mental disability, religion, or socioeconomic status receive the same opportunities as other individuals to participate and succeed in the Community Court. The court will endeavor to follow principles of procedural fairness to ensure that persons involved with the Community Court are treated in a fair manner. If an eligibility requirement has the unintended consequence of differentially restricting access for members of a group that has historically experienced discrimination, the requirement will be adjusted to increase the representation of such persons unless doing so would jeopardize public safety or the effectiveness of the Community Court. Packet Pg. 34 WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS 8.C.a APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction 11. Briefly explain how your court collaborates with other courts and community partners to address substance use disorder and the behavioral health needs of defendants. Kim Powers, of the REACH Program, has really been the quarterback of our resource team. They work with individuals while in -custody to create a release plan and connect individuals to resources. Catholic Community Services has worked closely with Kim Powers in individual plan development. Peer Kent, specializes in connecting participants to resources outside the Community Court resource team. Multi Care Services (MCS), represented by Linda Felton and more recently Sonia Van Hee, are mobile housing assessors and assist participants with housing needs. We had representatives from SeaMar,' Pioneer Human Services and Sound Mental Health appearing regularly on the calendar. Physical in -court participation from these providers has declined since the pandemic due to turnover, but we are still connecting participants to these providers. Valley Cities is now a community partner as is Asian Counseling Referral Services. Union Gospel Mission has reached out and we expect greater involvement with them in the near future. Christie Mitchell from King County also has a huge impact on our program. The Implementation of a paid case manager would allow the program to serve more participants and would reduce costs and time for community partners. It would also benefit the coordination of multiple provider -partners. Coordination would also reduce the number of defendant participants who fail to follow up with providers due to lack of active case management and would help ensure participants make it to the calendar and/or connect to resources off calendar. 12. Provide a justification statement, including priority of costs for potential funding. Most of the funding request is for a part-time contracted case manager/social worker, treatment components (evaluations, treatment costs and treatment monitoring), and some additional funds for transportation, meals, water, and snacks for participants. The hope is that the ability to fund evaluations when needed will lead to more timely treatment connections. As stated above, the case manager/social worker is essential for operating the program at optimum levels and providing participants with the ability to utilize services. For the reasons detailed above, a case manager/social worker would take our program to the next level and would allow us to help more people more effectively with less loss of opportunity. We have taken the program this far with zero funding; we are doing our best with what we have to meet the enormous need that exists in this community, but we can do so much more. The requested funding will have an immediate impact on the level of care and assistance we are able to provide to those in this community that need it most. Packet Pg. 35 WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS 8.C.a APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction Community court programs require intensive collaboration amongst court operations and community resource providers. In addition, ongoing communication with our participants is paramount to help ensure the success of the program. In order to support this important work, we are requesting funding for a Community Court Case Manager. The Case Manager would be responsible for the following: ■ Identify and coordinate with social service agencies, building and maintaining strong relationships. ■ Perform Risk/Needs Assessments for community court participants. ■ Manage intake screening services and maintain contact through the entire process. ■ Coordinate entry of participants into various treatment facilities and/or substance abuse programs. ■ Track and report on community court participants, maintaining complete case files. ■ Connect court participants with community service opportunities. ■ Facilitate and organize on -site group sessions and programs. ■ Attend Community Court sessions and provide support to all participants. In addition to the funding request for a Case Manager, we are requesting $65,000 for 'uncompensated costs'. Uncompensated expenses can serve as a barrier for our Community Court participants. Examples of uncompensated costs are: ■ SUD assessments for those without insurance and without the ability to pay. Many of the immigrant participants in our program are ineligible for state health insurance and lack the resources to pay for assessments. SUD assessments range from $100-$250, depending on agency and nature of assessment. • Hotel Vouchers for those who do not qualify for emergency housing and/or shelter programs. Cost $75-$150/night ■ Gas vouchers for those who use their own vehicles to attend court ordered appointments and who are not on a bus line. • GED testing fee for those who do not qualify for subsidized testing fees through Hopelink. ■ ID cards/Social Security card replacement costs. These are a few examples of uncompensated expenses that can serve as a barrier for our Community Court participants. In recognition of the fact that many courts are seeking funding, we are asking for minimal funds to cover these expenses. At $4,000/month, we expect to use these funds very sparingly and only when all other sources of coverage have been completely exhausted. Packet Pg. 36 WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS s.C.a APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction 4 13. For Therapeutic Court Grant Applicants - Please provide your anticipated costs (utilizing grant funds) for each of the following cost categories: Personnel Salaries & Benefits $60,000 Staff Equipment & Training $ Treatment Services/Compliance Monitoring $48,000 Other Participant Services* $17,000 Total Request for these Grant Funds: $125,000 " Includes other supportive services meant to ensure participant success — e.g. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water, and snacks, but excluding program incentives that would constitute a "gift." 14. For Community Justice Counselors Grant Applicants - Please provide your anticipated costs (utilizing grant funds) for each of the following cost categories: Personnel Salaries & Benefits J $ Staff Equipment & Training $ Treatment Services/Compliance Monitoring $ Other Participant Services* $ Total Request for these Grant Funds: $125,000 same as above * Includes other supportive services meant to ensure participant success — e.g. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water, and snacks, but excluding program incentives that would constitute a "gift." Presiding Ju ge ( ri�nt Name): Michael Frans 2 d _f Signature: Date: ��[ Z Administrator (P nt Name): Margaret Yett r Signature: Date: Packet Pg. 37 1 DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 8.C.b GRANT AGREEMENT - GRT23007 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND Kent Municipal Court THIS AGREEMENT (Agreement) is made by and between, Washington State Administrative Office of the Courts (AOC) and Kent Municipal Court (Grantee), (collectively as the Parties and individually each as a Party). The Parties hereby enter into this Agreement whereby Grantee will perform certain services for, and provide product deliveries to AOC. Grantee is subject to the terms and conditions specified in Attachment A and agrees to the following terms and conditions. 1. SCOPE OF WORK Grantee must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community - based therapeutic interventions within the Grantee's jurisdiction in accordance with the Grantee's grant application, and Statement of Work (Attachment A). This contract constitutes an official award letter. 2. TERM AND PERIOD OF PERFORMANCE This Agreement's period of performance runs from July 1, 2022 through June 30, 2023, unless otherwise terminated (Term). Notwithstanding the foregoing, this Agreement and all its terms and conditions shall remain in full force and effect until all deliverables are completed or otherwise terminated, and this Agreement is terminated and/or completed. 3. COMPENSATION AND PAYMENT The awarded amount is $125,000.00 . Grantee will use the funds for the following cost categories (these amounts need to match what the grantee submitted in their application) Cost Category Amount Personnel salaries & benefits $ 60,000 Staff equipment & training $ Treatment services $ 48,000 Other participant services $ 17,000 Total $ 125,000 Grantee may vary the amount in any particular category by up to 10%, but any adjustments beyond 10% require the explicit written consent of AOC's Project Manager, and in no case E GRT23007 Page 1 of 6 Q Packet Pg. 38 DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 8.C.b m may the total amount exceed the awarded amount above. o This amount includes expenses necessary or incidental to performing the items under the Statement of Work, including, but not limited to, travel, lodging and per diem related expenses. Grantee will submit an invoice after the completion and acceptance of each deliverable noted above. E This amount will be disbursed in two allotments, one in August 2022 and the second in January 2023 upon receipt of a properly filled out Form A-19. 4. REPORTING The Grantee must submit quarterly reports to AOC documenting the progress of their therapeutic court program. These reports will provide: • The number of program participants for the corresponding quarter, • The services provided to program participants for the corresponding quarter, • The cost of services provided to program participants for the corresponding quarter, • Other costs accrued by the Grantee to support the therapeutic court program during the corresponding quarter, and • Any challenges faced by the Grantee in operating their therapeutic court program during the corresponding quarter. Reports shall be submitted to https://inside.courts.wa.gov/apes/therapeuticgrants/view/dsp the rapeuticgrants .cfm on the following schedule: Period Report Due 07/01 /22 - 09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Grantee's eligibility for future funding. 5. BILLING PROCEDURES Grantee will submit properly prepared Form A-19s via email to AOC Financial Services at payablesl'c�courts.wa.gov. Invoices shall be submitted no more than twice during the pendency of the contract. Incorrect or incomplete invoices shall be returned by AOC to Grantee for correction and reissuance, and may result in delays in funding. All Invoices shall provide and itemize, at a minimum, the following: A. Contract NumberGRT23007; B. Grantee name, address, phone number; C. Grantee Federal Tax Identification Number; E GRT23007 Page 2 of 6 Q Packet Pg. 39 DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 8.C.b D. Description of Services to be provided; E. Date(s) Services will be provided; F. Total Invoice Price. Payment will be considered timely if made by the AOC within thirty (30) calendar days of receipt of a properly prepared invoice. Payment shall be sent to the address designated by the Grantee. The AOC may, in its sole discretion, terminate the contract or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the AOC. 6. SAFEGUARDING OF INFORMATION The use or disclosure by the Grantee of any information obtained as a result of performance under this contract concerning the AOC or the Court for any purpose not directly connected with the administration of the AOC's, the Court's or the Grantee's responsibilities with respect to services provided under this contract is prohibited except by written consent of the AOC or the Court. 7. CONFLICT OF INTEREST Grantee warrants that at the date of execution of this Agreement, no organizational conflict of interest exists or is likely to arise in the performance of its obligations under the Subcontract. Grantee warrants that it shall advise AOC immediately if a conflict of interest arises in the future. 8. PROJECT MANAGEMENT The Project Manager for each of the parties shall be the contact person for all communications regarding the performance of this Contract. AOC Project Manager II Grantee Project Manager Stephanie Oyler Margaret Yetter PO Box 41170 1220 Central Ave S Olympia, WA 98504-1170 Kent, WA 98032-7426 Stephanie.Oyler@courts.wa.gov Myetter@kentwa.gov 360-890-0901 Phone 9. ASSIGNMENT Grantee agrees that none of the deliverables to be furnished under this Agreement shall be CU assigned or subcontracted (including to independent consultants) without the prior written permission of AOC. r c a� E GRT23007 Page 3 of 6 Q Packet Pg. 40 DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 8.C.b 10.TERMINATION A. Termination for Default The AOC may, by written notice, terminate this contract, in whole or in part, for failure of the Grantee to perform any of the obligations or provisions required by the contract. In the event of default, the Grantee shall be liable for damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time; Provided, that if (i) it is determined for any reason the Grantee was not in default, or (ii) the Grantee's failure to perform is without Grantee's and/or SubGrantee's control, fault, or negligence, the termination shall be deemed to be a Termination for Convenience. B. Termination for Convenience Except as otherwise provided in this contract, the AOC may terminate this contract by providing written notice of such termination to the Grantee, specifying the effective date thereof, at least five (5) calendar days prior to such date. If this contract is so terminated, the AOC shall be liable only for payment for services rendered prior to the effective date of termination. 11. DISPUTES The Parties agree to attempt to resolve any dispute arising under this Agreement first by elevating the matter to appropriate levels of management within each organization. Grantee agrees that pending any decision, appeal or judgment on the settlement of any dispute arising under this Agreement, Grantee shall proceed diligently with the performance of this Agreement. 12. INDEMNIFICATION The Grantee shall defend, protect, and hold harmless the state of Washington, the AOC, or any employees thereof, from and against all claims, suits or actions arising from the Grantee's acts which are libelous or slanderous, which result in injury to persons or property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark or trade name through use or reproduction of material of any kind. 13. FORCE MAJEURE Neither Grantee nor AOC shall be liable or responsible for delays or failures in 6 performance resulting from events beyond the reasonable control of such party and U without fault or negligence of such party. Such events shall include but not be limited to CD strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except SubGrantees). a� E GRT23007 Page 4 of 6 Q Packet Pg. 41 DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 8.C.b 14. REPRESENTATION AND CERTIFICATIONS Grantee shall complete all required Representations and Certifications as they apply to this Agreement, if any. Grantee further agrees that it will provide additional or annual Representations and Certifications as may be requested by AOC in connection with this Agreement, and also agrees to promptly notify AOC of any changes which modify the information contained in any such Representations and Certifications. 15. COMPLIANCE WITH LAWS Grantee shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this Agreement. 16. INDEPENDENT GRANTEES Grantee is an independent Grantee in relation to AOC with respect to all matters arising under this Agreement. Nothing herein shall be construed to establish a partnership, joint venture, association or employment relationship between the parties. Neither Party shall be deemed to be an agent of the other or to have any authority to bind or create any obligation, express or implied, on behalf of the other. 17. WHOLE AGREEMENT This Agreement and the SOW attached hereto contain and embody the entire agreement of the Parties hereto and supersede all prior agreements, negotiations and discussions between the Parties hereto. Any representation, inducement or agreement that is not contained in this Agreement shall not be of any force or effect. Except as otherwise expressly provided in this Agreement, this Agreement may not be modified or changed in whole or in part in any manner other than by an instrument in writing duly signed by both Parties hereto. J mWelo1V 4:u, I IL, [elFwViT/rA4 o [1] 4 This Agreement will be governed by and construed and enforced in accordance with the laws of Washington without giving effect to the principles of conflict of laws thereunder. 19. EXECUTION IN COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall constitute one and the same Agreement. 20. WAIVER No Party shall be deemed to have waived any right hereunder unless such waiver is in writing, and the waiver or failure of either Party to exercise in any respect any right provided for herein shall not be a waiver of any further right hereunder. 21. SEVERABILITY If any portion of this Agreement is held or determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect as if this Agreement had been executed within the invalid portion eliminated. GRT23007 Page 5 of 6 Q Packet Pg. 42 DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 8.C.b 22. HEADINGS Any headings used in this Agreement are for purposes of organization only and have no independent legal significance. In WITNESS WHEREOF, the parties hereto have caused this instrument to be signed as of the day and year below written. Administrative Office of the Courts Signature Chris Name Grantee Date Signature Date her Stanlev Margaret Yetter Director, MSD Title Name Court Administrator Title GRT23007 Page 6 of 6 Q Packet Pg. 43 DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 Attachment A 8.C.b Statement of Work: The Grantee must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community -based therapeutic interventions within the Grantee's jurisdiction in accordance with the Grantee's grant application. Funds can be used for the following costs categories: • personnel salaries & benefits, • staff equipment & training, • treatment services (therapeutic services specifically designed to address SUD and MH) & compliance monitoring, and • other participant services (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks). Funds cannot be used for: replacing or supplementing the salary of current employees of the Grantee (employees must be taking on additional work or be a new employee to be eligible for funding), program incentives that constitute a gift or reward items and activities outside of the cost categories listed in the Grantee's contract. The Grantee shall submit quarterly reports to AOC documenting the progress their therapeutic court program. These reports shall provide: • the number of program participants for the corresponding quarter, • the services provided to program participants for the corresponding quarter, • the cost of services provided to program participants for the corresponding quarter • other cost accrued by the Grantee to support the therapeutic court program during the corresponding quarter, and • challenges faced by the Grantee in operating their therapeutic court program during the corresponding quarter. Reports shall be submitted to https://inside.courts.wa.gov/apps/therapeuticgrants/view/dsp therapeuticgrants .cfm on the following schedule: Reporting schedule: Period Report Due 07/01 /22-09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) r Failure to submit a report by the due date may adversely affect the Grantee's eligibility for E future funding. Q GRT23007 IPacket Pg. 44 8.D • KENT *A S M IN G T O N DATE: September 20, 2022 TO: Kent City Council SUBJECT: Grant Agreement with Washington State Administrative Office of the Courts for Reimbursement of Costs Associated with State v. Blake - Authorize 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. SUMMARY: On February 25, 2021, the Washington State Supreme Court entered its decision in State of Washington v. Blake, invalidating as unconstitutional the crime of simple possession of a controlled substance under RCW 69.50.4013. The Supreme Court's decision invalidated the law, not only prospectively, but also retroactively, with the effect that previous convictions were void at the time of conviction. One consequence of this retroactive application is that prior legal financial obligations paid in connection with these voided convictions are now subject to refund. Additionally, court resources will be required to process requests to vacate convictions and potentially resentence offenders on unrelated matters if a now void conviction affected their sentence at the time it was originally entered. Courts must provide relief to all persons with simple drug possession convictions following Blake. The statute invalidated by Blake was enacted in 1971, and while pending charges have been dismissed, the number of persons potentially entitled to relief in the state may exceed 100,000. 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 the 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 Packet Pg. 45 8.D simple drug possession charges tied to the Blake decision. Of the amount appropriated, approximately $10 million is earmarked to reimburse legal and financial obligations tied to vacated convictions. Kent has been designated as one of 112 cities to receive reimbursement, up to $576,526 to reimburse extraordinary expenses and up to $497,909 to reimburse legal financial obligations previously paid by offenders. Numerous defendants have been charged and convicted in the Kent Municipal Court for violations of RCW 69.50.4013 prior to the Blake decision. 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. BUDGET IMPACT: None. 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. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Interagency Reimbursement Agreement Blake Funding (PDF) 09/06/22 Operations and Public Safety Committee MOTION PASSES 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 Packet Pg. 46 DocuSign Envelope ID: 7B564CDE-OECO-4BF5-BC2A-2A2133036C20 8.D.a INTERAGENCY REIMBURSEMENT AGREEMENT IAA23735 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND KENT THIS REIMBURSEMENT AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) andKENT , for the purpose of reimbursing KENT (City) for extraordinary costs of resentencing and vacating sentences under Blake and for the cost of refunding legal financial obligations (LFOs) under the Blake decision. 1. PURPOSE The purpose of this Agreement is to provide reimbursements to assist Cities and Municipal Courts with extraordinary judicial, prosecutorial, or defense -related costs of resentencing and vacating the sentences of defendants whose convictions or sentences in are affected by the State v. Blake decision, and to provide reimbursements to assist Cities and Municipal Courts who have reimbursed or will reimburse LFOs to defendants whose convictions or sentences in Municipal Court are affected by the State v. Blake decision. 2. REIMBURSEMENT A. Extraordinary Expenses Reimbursement. AOC shall reimburse the City up to a maximum of $576,526.00 for extraordinary judicial, prosecutorial, or defense -related costs of resentencing and vacating the sentences of defendants whose convictions or sentences are affected by the State v. Blake decision incurred during the period of February 25, 2021 to June 30, 2023. No reimbursement will be made under this Agreement for resentencing or vacation costs incurred after June 30, 2023, and any reimbursement requests in excess of this amount will be denied. If additional funding is appropriated by the Legislature for these purposes, the amount of reimbursement under this Agreement may be increased by agreement of the parties. B. LFO Reimbursement. AOC will reimburse the City up to a maximum of $497,909.00 for payments made by the City during the period February 25, 2021 to June 30, 2023 pursuant to court order which required reimbursement by the State of Washington of legal and financial obligations. No reimbursement will be made under this Agreement for resentencing or vacation costs incurred after June 30, 2023, and any reimbursement requests in excess of this amount stated in this Section 2 (b) will be denied. If additional funding is appropriated by the Legislature for these purposes, the amount of reimbursement under this Agreement may be increased by IAA23735 Page 1 of 4 Packet Pg. 47 DocuSign Envelope ID: 7B584CDE-OECO-4BF5-BC2A-2A2133036C20 8.D.a agreement of the parties. Nothing in this Agreement requires the City to make payments pursuant to a court order when the funds available for reimbursement are less than the amount of the payment. C. General. AOC shall provide reimbursement to the City for approved and completed reimbursements by warrant or account transfer within 30 days of receipt of a properly completed A-19 invoice and the completed data report as required below. 3. PERIOD OF PERFORMANCE Performance under this Agreement begins July 1, 2022, regardless of the date of execution, and ends on June 30, 2023. The period of performance may be amended by mutual agreement of the parties if the Legislature provides additional funding or time for these purposes. 4. TERMS OF REIMBURSEMENT a) The City shall request reimbursement as follows: 1. The City will submit its A-19 invoices monthly to payables_caurEs.wa. ov. A-19 invoices submitted under this agreement must include: a. Payment documents from the City indicating the amounts expended, the recipients, and the date of expenditure. b. Sufficient information to allow AOC to determine that the costs reimbursed are extraordinary judicial, prosecutorial, or defense - related costs of resentencing and vacating the sentences of defendants whose convictions or sentences are affected by the State v. Blake. c. Proper coding for expenses under both 2.A. and B. ForKENT , expenses under 2.A. must be coded 40021070, and reimbursement under 2.13. must be coded 40022090. 2. The City shall provide a monthly report to AOC that must contain at a minimum: a. A list of any case numbers associated with the services provided; b. A breakdown of expenses by judicial, prosecutorial, and defense - related costs; c. The amount of LFOs reimbursed, with the case number associated with that amount. d. Any positions supported by these funds, broken down by judicial, prosecutorial, and defense -related positions; and e. Data, including case numbers and aggregate data on the number and type of cases: i. Vacated under Blake; IAA23735 Page 2 of 4 Packet Pg. 48 DocuSign Envelope ID: 7B584CDE-OECO-4BF5-BC2A-2A2133036C20 8.D.a ii. Resentenced under Blake; and iii. Being worked on under Blake. b) By May 1, 2023, the City agrees to report any allocated funds under either 2. A. or B. that it will be unable to spend during the term of the contract, or any additional funds it anticipates needing during the term of the contract should additional funds become available. AOC reserves the right to reallocate funds that are reported to be unable to be spent. 5. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by agreement of the parties. Such amendments are not binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement must be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. This Agreement; and c. Any other provisions of the agreement, including materials incorporated by reference. 7. WAIVER A failure by either party to exercise its rights under this Agreement does not preclude that party from subsequent exercise of such rights and is not a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 8. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference is held invalid, such invalidity does not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. Page 3 of 4 IAA23735 Packet Pg. 49 DocuSign Envelope ID: 7B584CDE-OECO-4BF5-BC2A-2A2133036C20 8.D.a 9. AGREEMENT MANAGEMENT The program managers noted below are responsible for and are the contact people for all communications and billings regarding the performance of this Agreement: AOC Program Manager Christopher Stanley Chief Financial and Management Officer PO Box 41170 Olympia, WA 98504-1170 christopher.stanley@courts.wa.gov (360) 357-2406 Margaret Yetter Court Administrator 1220 Central Ave S Kent, WA 98032 myetter@kentwa.gov 253-856-5735 10. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement are considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. AGREED: Administrative Office of the Courts Signature Christopher Stanley Name Title Date IAA23735 KENT Signature Judge Michael Frans Name Title Date Page 4 of 4 Packet Pg. 50 DocuSign Envelope ID: 7B584CDE-OECO-4BF5-BC2A-2A2133036C20 FORM STATE OF WASHINGTON A 19-1A '� - INVOICE VOUCHER (Rev. 5191) �"4 TO. AGENCY USE ONLY AGENCY NO. LOCATION CODE P.R.EAA. AGENCY NAME Office of the Administrator for the Courts VENDOR OR CLAIMANT arrant is to be payable to FEDERAL I.D. NO. OR SOCIAL SECURITY NO. (For reporting Personal Services Contract Payments to I.R.S. Do not fill in. Attach a W9 form DATE DESCRIPTION INSTRUCTIONS TO VENDOR OR CLAIMANT.- Submit this form to claim payment for materials, merchandise or services. Show complete detail for each item. Vendors Certificate: I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services furnished to the State of Washington, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion, or Vietnam era or disabled veterans status. BY (SIGN IN INK) (TITLE) (DATE) RECEIVED BY DATE RECEIVED UNIT FOR AGENCY QUANTITY PRICE AMOUNT USE PREPARED BY TELEPHONE NUMBER DATE AGENCY APPROVAL DATE DOC. DATE PMT DUE DATE CURRENT DOC. NO REF DOC. VENDOR NUMBER VENDOR MESSAGE UBI NUMBER REF DOC TRANS CAE M 0 FUND MASTERINDEX SUB oBJ SUB SUB ORG INDEX WORKCLASS gLLoc COUNTY BUDGET LINT CITYITOWN Mos PROJECT SUB PROJ PROJ PHAS AMOUNT INVOICE NUMBER APPN PROGRATA ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER IAA23735 Packet Pg. 51 8.E KENT , i n N .L I G N DATE: September 20, 2022 TO: Kent City Council SUBJECT: Additional Purchases under the City's Agreement with Anaconda Networks, Inc - Authorize MOTION: I move to authorize staff to purchase products and services through Anaconda Networks, Inc. under the terms of the parties' existing 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. SUMMARY: 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. IT would like to obtain Council approval to continue to use this Agreement for additional products and services the City may need to purchase through Anaconda Networks, Inc. throughout the Agreement's term, so long as those purchases can be made within established budgets. For example, IT currently plans to renew the NetCloud Mobile Essentials Plan for 49 devices which is for an additional three-year term for a total of $31,576.89 under the terms of the Agreement, exceeding the Mayor's contract authority. Additional purchases within established budgets may also be made with this authorization by Council. Anaconda provides both hardware and software that supports the mobility of our Police and Economic Community Development vehicles. They provide modems, antennas and cabling as well as a centralized management platform for the modems. BUDGET IMPACT: $31,376.89 which has been allocated through Information Technology's maintenance account. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 52 8.E Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 2022_Anaconda-Master Contract_OPSC Bundle v1 (PDF) 09/06/22 Operations and Public Safety Committee MOTION PASSES 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 Packet Pg. 53 8.E.a Anaconda - Master Contract Contract & Quote Exhibit for OPSC Packet Pg. 54 8.E.a Anaconda - Master Contract Equipment and Hardware Purchase, Software License, and Maintenance Agreem, Packet Pg. 55 8.E.a 40 , • KENT WASHINGTON EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT This Equipment and Hardware Purchase, Software License, and Maintenance Agreement (Agreement) is between the CITY OF KENT (City), a Washington Municipal Corporation located at 220 Fourth Avenue South, Kent, WA 98032 and ANACONDA NETWORKS, INC. (Vendor), organized under the laws of the State of Colorado with its principal place of business at 1724 Majestic Drive, Unit 108B Lafayette, CO 80026. This Agreement is to obtain access to equipment, hardware, and software marketed and provided by Vendor, on an as -needed basis, all of which will continue to be supported and maintained by Vendor under the terms of this Agreement. 1. Description of Work. Vendor shall provide the City with equipment, hardware, software licenses, and maintenance services on an as -needed basis. Upon the City's request, Vendor will provide the City with an estimate that describes the equipment, hardware, software, or maintenance services desired, along with their total cost inclusive of tax. If the City accepts the pricing provided for in the Vendor's estimate, Vendor shall provide those items under the terms provided for in this Agreement. Upon acceptance of the estimate by the City, such estimate shall form an addendum to this Agreement and shall be subject to its terms and conditions. However, the estimate shall provide only for the product and its associated cost; no additional purchase terms or contract provisions included on any estimate shall be given effect or shall otherwise alter the provisions of this Agreement or apply to the City's purchase. When an estimate is accepted and an order placed, Vendor will ship the order within 10 working days for goods available, and within 2 weeks for specialty items. If a product cannot be shipped within that time frame, Vendor shall notify the City as to why the product cannot ship within those time frames and shall provide an estimated shipping date. If such shipping date is not acceptable to the City, the City may cancel the order without penalty or other cost. 2. Risk of Loss. All orders shall include freight prepaid, F.O.B. destination, and shall be included within any cost estimate provided to the City. The risk of loss of all orders shall pass to the City upon the completion of both (a) delivery of that equipment and hardware to: (i) the City's designated location; or (ii) another location owned or controlled by the City and specified by the City for such delivery; and (b) the signature of the person authorized to receive the delivery. 3. Change Orders. No changes or revisions to the equipment, hardware, software, or maintenance services shall be made from that ordered by the City and approved through Vendor's estimate, except pursuant to the terms of this Agreement. The City may alter any requested equipment, hardware, software, or maintenance services by submitting a change order for Vendor's acceptance. Each change order will consist of a brief outline of the new or different equipment, hardware, software, or maintenance services, the agreed upon cost(s) therefore, and other specifics unique to the request. Upon acceptance of the change order by Vendor and the mutual written agreement of the parties with respect to proceeding with the requested change order, such change order shall form an addendum to this Agreement and shall be subject to its terms and conditions. 4. City Property. Unless otherwise specified, title to any equipment or hardware provided under this Agreement shall pass to the City upon its acceptance. Vendor shall at all times protect the City's property and data from injury or loss arising in connection with this Agreement. S. Grant of License to Access and Use Software. For the term of this Agreement including any renewal or extension, Vendor hereby grants to City, including to all its Authorized Users, a non-exclusive, non-sublicensable, non -assignable, royalty -free, and worldwide license to access EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 1 Packet Pg. 56 8.E.a and use any software government operations. reverse compilation, to Section 13.3. provided by Vendor (the "software") for the The City shall refrain from taking any steps such derive a source code equivalent to the software City's non-commercial as reverse assembly or as further described in 6. Term. The initial term of this Agreement shall begin on August 4, 2021, or the last date signed below, whichever event occurs later, and continue through December 31, 2022 (Initial Term), with the option for the City to renew annually thereafter for up to five additional one (1) year terms (each a Renewal Term) for a maximum contract term through December 31, 2027. This Agreement shall automatically renew for a Renewal Term unless City gives written notice of cancellation at least 30 days prior to the expiration of the Initial Term or any Renewal Term. Any reference in this Agreement to "days" shall mean "calendar days" unless a different meaning is expressly stated. 7. Subscription Fees/Taxes. 7.1 Fees for Goods and Services. In consideration of the Vendor providing the City with the equipment, hardware, software licenses, and maintenance services as provided for in this Agreement, the City agrees to pay any invoice issued by the Vendor that is consistent with a previously approved estimate or change order, and upon the City's receipt and acceptance of such items as conforming to the terms of this Agreement. For any software license or maintenance fees due, the Vendor shall invoice the City for those fees at least 30 days before the commencement of the term applicable to those license and maintenance fees. 7.2 Undisputed Fees. Undisputed invoices shall be due and payable by the City within 30 days of invoice receipt. City shall notify Vendor in writing of any disputed amount within 15 business days of receipt of the applicable invoice. Portions of invoices that are subject to a good faith billing dispute shall not be considered delinquent for purposes of this Agreement. Disputed billings are subject to Section 20.2, Dispute Resolution. 7.3. Taxes. All contract amounts shall be inclusive of sales or other applicable taxes, and invoices shall include all tax obligations stated separately from the contract amounts. City shall pay all applicable sales, use, value added or similar taxes to Vendor and Vendor shall remit all such taxes, if imposed by local and/or state authorities on all software, and other taxable goods and services procured by the City under this Agreement. 7.4 Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. 8. System Availability and Support Services. The City's license to access and use any software will be available to the City throughout the term of this Agreement, along with maintenance and support services as described in Section 10 and the attached and incorporated Exhibit A. 9. Representation and Warranties. 9.1 Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) such Party has the required power and authority to enter into this Agreement and to perform its obligations hereunder, and shall have obtained and continue to maintain all licenses, permits, and certifications required for such Party in connection with the performance of this Agreement; (b) the execution of this Agreement and performance of its obligations hereunder do not EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 2 Packet Pg. 57 8.E.a and will not violate any other agreement to which it is a party; and (c) this Agreement constitutes a legal, valid, and binding obligation when signed by both Parties. 9.2 Vendor Warranties and Representations. Vendor represents and warrants as follows: a. It will faithfully and satisfactorily perform in accordance with the provisions of this Agreement. In addition, all services or other work performed by Vendor will be performed in a professional and workmanlike manner, consistent with applicable industry standards, and the corresponding specifications set forth in the applicable statement of work and service level commitments. b. For all deliverables, including but not limited to, equipment, hardware, software, and third -party products provided by Vendor, Vendor shall be the primary point of contact and shall be responsible for coordinating the delivery of all products to the City and taking commercially reasonable action to cause the products to conform to and be delivered as provided by this Agreement. Without limiting the foregoing, if any of Vendor's subcontractors shall fail to deliver the products as required, Vendor shall take commercially reasonable action as the City may request to enforce the terms of any subcontract agreement between Vendor and its subcontractor. C. All equipment, hardware, and software, in whole and in part, shall operate: in accordance with applicable specifications and the requirements of this Agreement; in accordance with the description of the functions and capabilities as described in Vendor's documentation, provided that the equipment, hardware, and software are properly used in accordance with Vendor's instructions; and shall operate and be maintained error free, or if errors occur, Vendor will timely correct, update, or modify the software to correct those errors at no charge to the City; throughout the term of this Agreement, including any renewal or extension thereof. If any equipment, hardware, and software sold to the City through this Agreement are third -party products that are not branded by Vendor, Vendor sells those third -party products to the City with the manufacturer's or publisher's standard warranty, license, and maintenance provisions. For such third -party products, Vendor will provide all warranty and maintenance call numbers and will assist the City in engaging the manufacturer on warranty and maintenance issues. d. The deliverables provided under this Agreement are subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. e. It will promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect, unless this Agreement provides otherwise. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. Additionally, if any repaired or replaced product proves to be inadequate, or fails of its essential purpose, the Vendor will refund the full amount of any payments that have been made with respect to that product. f. Vendor is the owner of the software licensed hereunder, or otherwise has the right to grant to the City, the licensed rights to access the software through this Agreement without violating any rights of any third -party worldwide. Vendor is not aware of any claim, investigation, litigation, action, suit or administrative or judicial proceeding pending or threatened based on claims that Vendor's software infringes or misappropriates any patents, copyrights, trade secrets or other intellectual property rights of any third -party; and Vendor's software does not knowingly infringe upon or misappropriate any patents, copyrights, trade secrets or any other intellectual property rights of any third -party. In performing the maintenance services under the Agreement, Vendor shall EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 3 Packet Pg. 58 8.E.a substantially and materially comply with the descriptions and representations as to those services, including performance capabilities, accuracy, completeness, characteristics, Statement of Work, configurations, standards, function, and requirements. Additionally, vendor will: Promptly and diligently perform and reperform services which are not in compliance with documentation/specifications, representations, and warranties at no additional cost to the City; Maintain the equipment, hardware, and software in accordance with the specifications and terms of this Agreement and meet all availability and system performance service levels as specified in this Agreement. In the event the services require failover activities, then Vendor shall be responsible for continuance of the services and the City shall not be subject to additional costs unless otherwise specified in this Agreement. iii Promptly coordinate with the City all tasks related to correcting problems and deficiencies connected with the equipment, hardware, and software. iv Not disable any City software, including Vendor's software, without notice to and agreement by the City. v Refund to the City fees previously paid for any unused term and for the time for which a deficiency existed that the Vendor was unable to remedy, if the City elects to terminate this Agreement due to that deficiency. h. Vendor's performance under this Agreement will comply with all applicable federal, state, and local laws, regulations, codes, and ordinances to which it is subject. Vendor will, throughout the term of this Agreement, including any renewal or extension thereof, comply with changes to and new applicable federal, state, and local laws, regulations, codes, and ordinances to which it is subject. Vendor will comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary in the performance of this Agreement. 10. Vendor Maintenance Services. 10.1 During the term of this Agreement, Vendor will provide maintenance support and warranty services as provided for in Exhibit A, which include updates, upgrades, modifications, customized interfaces and enhancements to the software, and any subsequent versions thereof. Subject to the terms and conditions of this Agreement, Vendor shall provide software support via telephone, web, remote access and electronic mail, and site visits, when necessary. To enable Vendor to provide effective support, the City will establish remote access procedures. The maintenance services provided by Vendor shall include the following: a. Provide users with verbal or electronic telephone responses to specific, discrete and descriptive inquiries on the use and operation of the equipment, hardware, and software provided through this Agreement. Service shall be provided by telephone contact with Vendor's offices during the hours provided for in Exhibit A. b. If errors of functional operation are identified by the City and determined by the Vendor to exist in the software, corrections will be made and corrected versions of the software will be provided to the City through media acceptable to the City (web, remote access, email, or on CD). EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 4 Packet Pg. 59 8.E.a C. If the City loses or destroys all copies of the supplied software being maintained under this Agreement, Vendor will provide replacements for that software, at Vendor's cost. Such replacements will not include replacement of City data. d. If, after concerted attempts to resolve a problem by remote access, the parties are not able to do so, Vendor will provide onsite support services. e. After updates, upgrades, modifications, customized interfaces or enhancements are made to the software, Vendor will make them available to the City, at no additional charge, within 30 days of their release to other licensees of the software, on media acceptable to the City (web, remote access, email, or on CD) so that the maintained software is current with the latest version being sold while maintaining for the City the same level of functionality that it had with respect to the software immediately prior to the installation of such upgrade, update, modification, customized interface or enhancement. All costs pertaining to the creation and installation of such upgrades, updates, modifications, customized interfaces and enhancements shall be borne by the Vendor. If Vendor has any third -party product(s) embedded in its own product or system, and such third -party product has been upgraded or a new release has been issued, vendor certifies that its own product or system will be upgraded, within 18 months, to integrate with the upgrade or issuance of the new release of the third -party product. f. As needed to resolve problems or upon request from the City, Vendor will be provided remote access to the equipment, hardware, and software. The preferred method for Vendor access to City systems is through a VPN (virtual private network) or any other designated connection. To enable Vendor to provide effective support, Vendor's remote access will be escorted by the City and must be scheduled in advance at a mutually agreeable date and time. Vendor must agree to abide by the conditions set forth in any City network usage policy and apply due diligence in maintaining security on Vendor' own network. g. Vendor will comply with the service level and response procedures provided for in Exhibit A for responding to incident reports and targets for correcting software errors or otherwise responding to issues concerning the software. The escalation procedure will apply if Vendor does not meet the response time periods, as set out in Exhibit A. 10.2 Ownership. City owns all of the information and materials that it submits, uploads or transfers, or causes to be submitted, uploaded, or transferred utilizing Vendor's software (City's Data). 10.3 Data Protection. Vendor shall maintain and handle all of City's Data with commercially reasonable physical, electronic, and procedural safeguards to protect and preserve the confidentiality and security of City's Data (including personal information) in accordance with applicable data protection legislative requirements and as further described in Vendor's policies which should reflect the highest industry standards for privacy and security, which applicable policies are incorporated herein by reference. 10.4 Data Restrictions. Vendor shall restrict access to City Data to Vendor employees, affiliates' employees, or others who need to know that information to provide services to City. City Data shall be stored and hosted within the United States of America. Vendor will use City Data for the purposes described in this Agreement. Vendor will not sell, license, transmit or disclose this information outside of Vendor's business unless: (1) City expressly authorizes Vendor to do so; (2) it is necessary to allow Vendor's Licensors to perform services under this Agreement); (3) in order to provide Vendor's products or services to City; (4) otherwise as Vendor is required by law after written notice to City of such requirement. Notwithstanding the foregoing, Vendor is responsible for any disclosures of City Data by Vendor's Licensors made contrary to the terms of this Agreement. EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 5 Packet Pg. 60 8.E.a 10.5 Data Backup. Vendor shall protect City's data by having a backup system that includes running the Vendor's Service on geographically dispersed data centers with extensive backup, data archive, and failover capabilities. Disaster recovery plan shall include: (1) Data backup procedures that create multiple backup copies of City's data, in near real time, at the disk level; and (2) A multi- level backup strategy that includes disk -to -disk -to -tape data backup in which tape backups serve as a secondary level of backup, not as the primary disaster -recovery data source; or other data backup system providing at least the same or higher protection of City's Data in the event of a potential data loss. 11. Intellectual Property Ownership. Vendor (and its Licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the software. This Agreement, does not convey to City any rights of ownership in or to the Vendor's software or the intellectual property rights owned by Vendor and its Licensors, where applicable. 12. Non -Disclosure of Confidential Information. The Parties' obligations regarding non- disclosure of Confidential Information is contained in the attached and incorporated Exhibit B. All Confidential Information is and shall remain the property of its owner to the extent consistent with applicable law. The disclosure of Confidential Information to the other party does not grant to it any express or implied right to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein. 13. City Obligations. 13.1 Equipment, Hardware, and Software Obligations. Except for the equipment, hardware, and software provided through any approved estimate, the provision and maintenance of which is part of Vendor's required performance under this Agreement, the City shall be responsible for obtaining and maintaining all other computer equipment, hardware, software, and communications equipment needed to access and utilize any purchased or licensed software. 13.2 Anti -Virus Obligations. The City will use commercially reasonable efforts to safeguard against computer infection, viruses, worms, Trojan horses, and other code that manifest contaminating or destructive properties (collectively "Viruses") that may reasonably affect the performance of Vendor's software. 13.3 Restricted Uses. The City will not: a. knowingly upload or distribute any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the software, b. modify, disassemble, decompile or reverse engineer the software or pre-release equipment or hardware devices or software disclosed, copy, reproduce, resell or commercially exploit the software, d. reverse engineer, decompile or disassemble any software code and/or pre- release equipment or hardware devices disclosed. 14. Indemnification Obligations. 14.1 City Indemnification Obligations. Subject to Section 14.3 below, City shall defend, indemnify, and hold Vendor and its parent organizations, subsidiaries, Affiliates, officers, directors and employees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (i) a third -party claim alleging that the use of City Data infringes the rights of, or has caused harm to, a third -party; (ii) a third -party claim alleging a breach of any of City's representations and warranties; EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 6 Packet Pg. 61 8.E.a or (iii) a third -party claim alleging City's use of Confidential Information or intellectual property rights of Vendor or its Licensors is in violation of this Agreement; (iv) third -party claim of injury or death to person or damage to property arising from City's negligence. 14.2. Vendor Indemnification Obligations. Subject to Section 14.3 below, Vendor shall defend, indemnify, and hold City and its elected officials, officers, employees, agents and attorneys harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (i) a third -party claim alleging that the equipment, hardware, or software provided, maintained, and supported by Vendor infringes or misappropriates the rights of, or has caused harm to, a third -party; (ii) a third - party claim alleging a breach of any Vendor representations and warranties in this Agreement; (iii) a third -party claim alleging Vendor's use of City Data is in violation of this Agreement; or (iv) a third - party claim alleging a breach of Vendor's confidentiality or data security obligations, that infringes the rights of, or has caused harm to, a third -party, (v) third -party claim of injury or death to person or damage to property arising from Vendor's negligence. 14.3 As an express condition of the foregoing indemnification obligations, the parties hereby agree that: a. the indemnified party shall promptly notify the indemnifying party in writing for any claim for which indemnification is sought; b. the indemnified party shall cooperate with all reasonable requests of the indemnifying party (at the indemnifying party's expense) in defending or settling such claim. the indemnifying party shall be allowed to control the defense and settlement of such claim, d. the indemnifying party may not settle any claim that includes an admission of liability, fault, negligence or wrongdoing on the part of the indemnified party unless the indemnified party provides prior written consent, e. the indemnified party shall have the right, at its option and expense, to participate in the defense of any action, suit or proceeding relating to such a claim through counsel of its own choosing; f. each indemnified party will undertake commercially reasonable efforts to mitigate any loss or liability resulting from an indemnification claim related to or arising out of this Agreement. 15. Limitation of Liability 15.1. EXCEPT FOR CLAIMS ARISING FROM EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, CONFIDENTIALITY AND SECURITY OBLIGATIONS, REPRESENTATIONS AND WARRANTIES, AND INTELLECTUAL PROPERTY INFRINGEMENT OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE PARTY'S STATED INSURANCE LIABILITY CAP. 15.2. NEITHER PARTY WILL BE LIABLE FOR BREACH -OF -CONTRACT DAMAGES SUFFERED BY THE OTHER PARTY THAT ARE REMOTE OR SPECULATIVE, OR THAT COULD NOT HAVE REASONABLY BEEN FORESEEN ON ENTRY INTO THIS AGREEMENT. 15.3. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 7 Packet Pg. 62 8.E.a 16. Insurance. Vendor shall maintain insurance that is sufficient to protect its business against all applicable risks, at a minimum as set forth in the attached and incorporated Exhibit C, "Insurance Requirements." Vendor shall promptly provide City with certificates of insurance to evidence Vendor's continued compliance with Exhibit C. 17. Termination of Agreement. 17.1 Termination for Convenience. Either party may terminate this Agreement without cause. In the event of such desire, the City may terminate upon giving the Vendor 60 days advance written notice of termination, and the Vendor upon giving the City 180 days advance written notice of termination. 17.2 Termination by City for Cause. In addition to any other rights granted to City in this Agreement or under law, City has the right to terminate this Agreement upon written notice due to: a. a material breach of a term, representation, or warranty under this Agreement (including a material breach under any incorporated attachment, addendum and/or exhibit to this Agreement) by Vendor of any of its subcontractors or licensors of services if such material breach is not remedied within 30 days following receipt of written notice from City; or b. a third-party's claim that Vendor's hardware, software, or any other services and products provided to the City by Vendor or its subcontractors or Licensors or other third -parties and the intellectual property rights associated therewith, infringes upon such third-party's intellectual property rights. C. City Council fails to appropriate funds for payment of Vendor's products or services under this Agreement. d. Vendor files for protection under bankruptcy laws, makes an assignment for the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or insolvency act or has any such petition filed against it which is not discharged within 60 days of the filing thereof.. 17.3 Termination By Vendor for Cause. In addition to any other rights granted to Vendor in this Agreement or under law, Vendor reserves the right, upon written notice to City, to terminate this Agreement due to: a. any undisputed amounts City owes that are delinquent greater than 90 days; or b. a material breach of the terms of this Agreement, other than a payment obligation, by City or its users if such breach is not remedied within 30 days following receipt of written notice of such breach from Vendor to City; or C. a third-party's claim that City's Data, and/or intellectual property infringes upon such third-party's rights. 17.4 No Suspension of Service. Provided City continues to timely make all undisputed payments, Vendor warrants that during the term of this Agreement, Vendor will not withhold Services provided herein, for any reason, including but not limited to a dispute between the parties arising under this Agreement, except as may be specifically authorized herein. EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 8 Packet Pg. 63 8.E.a 17.5 Effect of Termination. a. If City terminates for cause or Vendor terminates without cause, City will only be obligated to pay the amounts then due for services provided meeting Vendor's contractual commitments as calculated up to the date of termination and, if applicable, City will be reimbursed a prorated amount of unused, prepaid fees. b. If Vendor terminates for cause that City does not dispute or if City terminates without cause and a balance is still due on City's account, then City agrees that Vendor may bill City for such unpaid fees due up to the date of termination. C. In the event this Agreement terminates for any reason, Vendor shall provide the City a file of City's Data in a format acceptable (and at no cost) to City within 30 days of the effective date of termination. City shall have 60 days following termination to notify Vendor if litigation, laws, regulations, or other lawful process requires Vendor retain City's data beyond the termination of this Agreement. City will thereafter promptly notify Vendor when such litigation, laws, regulations, or other lawful process no longer requires Vendor maintain the City's data. Vendor may dispose of City's data at Vendor's expense as permitted by law 61 days after termination, if City provides no notice otherwise; or after City notifies Vendor there are no laws, regulations, litigation, etc. requiring further retention. Retained data is subject to the confidentiality provisions of the Agreement. 18. Remedies. Termination of this Agreement shall not affect any right of action of either party prior to the termination being affected. All remedies shall be cumulative and may be exercised concurrently, or separately, which shall not be deemed to constitute an election of any one remedy to the exclusion of any other. In addition to any other remedy provided for herein, or at law or equity, City shall have the right to recover from Vendor all damages reasonably caused by default of any representation or warranty. This paragraph shall not limit City's right to pursue any other remedy available to it in law, at equity or pursuant to this Agreement. 19. Non -Discrimination. In the hiring of employees for the performance of this Agreement or any subcontract, the Vendor, its subcontractors, or any person acting on behalf of the Vendor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the Compliance Statement, all attached and incorporated as Exhibit D. 20. General Provisions 20.1 Governing Law and Venue. The Agreement will be governed by the laws of Washington and its choice of law rules. Vendor irrevocably consents to the exclusive personal jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any dispute arising out of or in connection with the Agreement and agrees not to commence or prosecute any action or proceeding arising out of or in connection with the Agreement other than in the aforementioned courts. 20.2. Dispute Resolution. The City and Vendor desire, if possible, to resolve disputes, controversies and claims (Disputes) arising out of this Agreement without litigation. To that end, upon written notification of dispute by a party to the other, each party shall appoint a knowledgeable, responsible management representative to meet and negotiate in good faith to resolve any Dispute arising under this Agreement. If the parties are unable to settle any Dispute, the exclusive means of EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 9 Packet Pg. 64 8.E.a resolving that Dispute shall only be by filing suit as provided for under Section 20.1, unless the parties agree in writing to an alternative dispute resolution process. 20.3 Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provision will continue in full force without being impaired or invalidated in any way. The City and Vendor agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. 20.4. Nonwaiver. Any failure by either party to enforce strict performance of any provision of the Agreement will not constitute a waiver of the its right to subsequently enforce such provision or any other provision of the Agreement. 20.5 No Assignment. Either party may assign this Agreement and all of its rights and obligations hereunder as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets so long as said assignee accepts all of the respective Agreements rights and obligations of its predecessor as provided in this Agreement without limitation. Except as expressly stated in this Agreement, neither party may otherwise assign its rights or obligations under this Agreement either in whole or in part without the prior written consent of the other party, and any attempted assignment or delegation without such consent will be void. 20.6 Notices. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any 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. Either party may change its address by giving written notice of such change to the other party. 20.7 Legal Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit either party's right to indemnification under Section 14 of this Agreement. 20.8. Force Majeure. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, floo �" other natural disaster or acts of government ("force majeure event"). Performance that is prev 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 Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 10 Packet Pg. 65 8.E.a 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 Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work 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 Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. 20.9 Independent Contractor. City and Vendor intend that an independent Contractor relationship be created with this Agreement. Vendor shall not be considered an agent or employee of City for any purpose and the employees of Vendor are not entitled to any of the benefits that City provides for its employees. Nor shall this Agreement be evidence of a joint venture between Vendor and City. 20.10 Problem Notification. Each party will promptly notify the other in writing of any events or circumstances that will affect the performance of its obligations under this Agreement including the delivery of any deliverable or delay in completion of any of its obligations. Vendor shall notify City in writing of all material defects in the hardware or software, whether discovered by other parties or by Vendor, within five (5) business days of their discovery and fix or replace the affected hardware or software within a commercially reasonable time. A defect is considered material if it has the potential to delay or inhibit the primary functionality of the software or if said defect has the potential to corrupt City data. 20.11 Entire Agreement/Modification. This Agreement, together with all exhibits comprise the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein. This Agreement may be amended, modified, or added to only by written instrument properly signed by both parties hereto. 20.12 Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 20.13 City Business License Required Agreement, Vendor agrees to provide proof of Chapter 5.01 of the Kent City Code. Prior to commencing performance under this current city of Kent business license pursuant to EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 11 Packet Pg. 66 8.E.a 20.14 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. VENDOR: CITY: Anaconda Networks, Inc. CITY OF KENT By: .Aar"t_l By: Print Name: Chip George Print Name: Dana Ralph Its CEO Its Ma)or DATE: 6-24-21 DATE: 09/01/2021 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Chip George Information Technology Department Anaconda Networks, Inc. City of Kent 1724 Majestic Dr. Suite 108B 220 Fourth Avenue South Kent, WA 98032 Lafayette, CO 80026 (253) 856-4600 (telephone) (303) 573-4817 (telephone) (253) 856-4700 (facsimile) (303) 573-4786 (facsimile) ITA@kentwa.gov (email) chip@anaconda-networks.com (email) AP�ROVVSTO FORM: 'ri Kent Law Department Z�' A�MVA Kent City Clerk EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 12 Packet Pg. 67 8.E.a EXHIBIT A SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES A. SERVICE LEVEL AGREEMENT 1. Applicable Levels. Vendor's software shall maintain a System Availability of at least 99.9% during each calendar month of the Agreement following initial implementation completion. 2. Scheduled System Maintenance. Vendor may take the software offline for scheduled maintenances of which City has received prior written notice of the planned maintenance schedule. 3. System Availability Definition. 3.1. "System Availability' means the percentage of minutes in a month that the key components of the software are operational 3.2. Not Included in 'System Availability a. scheduled maintenance; b. events of force majeure; or C. events caused by the City's acts or omissions or inoperability of City's technology/devices. 4. Remedies. Should Vendor not achieve System Availability for 2 months or more in any six month period the City shall be entitled to the following credit against fees due: a. Two -months - Two months credit b. Three months - Three months credit C. Four or more months - A monthly credit for each month where system availability was not achieved The credit remedies provided herein is not exclusive and City shall be entitled to all other remedies provided for in this Agreement or provided in law and equity as a result of Vendor's failure to meet System Availability requirements. B. SUPPORT SERVICES 1. Support services entitles the City to the following: 1.1 Telephone or electronic support, 24 hours per day and 7 days per week, to help the City locate and correct problems with the hardware and software provided through this Agreement. 1.2 Bug fixes and code corrections to correct software malfunctions to bring the software into substantial conformity with the operating specifications. EXHIBIT A - SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES (to Hardware Purchase, Software License, and Maintenance Agreement) Packet Pg. 68 8.E.a 1.3 All extensions, enhancements and other changes that Vendor makes or adds to the software and which the Vendor offers, without charge, to other software licensees. 1.4 Up to 3 dedicated contacts designated by the City in writing who will have access to Vendor's support services. 1.5 Training services to educate authorized City staff on how to operate and maintain the hardware and software. 2. Problem Reporting Procedure 2.1 The City may report errors or problems to the Vendor in the following manner: By phone, currently at 720-573-4786 (office), plus emergency cell phone as provided from time -to -time: 303-941-5789 (phone or text) By email, currently at support@anacondanetworks.com 2.2 The City will cooperate with Vendor to provide information concerning any suspected error or problem reported. 2.3 The escalation procedures in Section B.4. will apply if Vendor does not meet the time periods provided for in Section B.2. 3. Response and Resolution Goals 3.1 Severity 1: The Production system/application is down, seriously impacted and there is no reasonable work around currently available. Once Vendor receives notice, the Vendor will respond within 1 hour, will begin continuous work to resolve the issue, and a customer support person must be available at any time to assist with problem determination. Once the issue is reproducible or once vendor has identified the Software defect, Vendor will provide reasonable efforts for workaround or solution within 24 hours. 3.2 Severity 2: The system or application is seriously affected. The issue is not critical and does not comply with the Severity 1 conditions. There is no workaround currently available or the workaround is cumbersome to use. Once Vendor receives notice, the Vendor will respond within 4 hours, will begin continuous work to resolve the issue, and a customer support person must be available at any time to assist with problem determination. The Vendor will work during normal business hours to provide reasonable effort for workaround or solution within 3 calendar days, once the issue is reproducible. 3.3 Severity 3: The system or application is moderately affected. The issue is not critical and the system has not failed. The issue has been identified and does not hinder normal operation, or the situation may be temporarily circumvented using an available workaround. Once Vendor receives notice, the Vendor will respond within 8 hours, and a customer support person must be available at any time to assist with problem determination, if unknown. The Company will work during normal business hours to provide reasonable effort for workaround or solution within 5 business days, once the issue is reproducible. EXHIBIT A - SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES (to Hardware Purchase, Software License, and Maintenance Agreement) Packet Pg. 69 8.E.a 3.4 Severity 4: Non -critical issues. The Company will seek during normal business hours to provide a solution in future releases of the software. 4. Problem Escalation 4.1 The response time periods set out above shall be measured from the time the City logs the call via the options listed above, and shall end when the Vendor contacts the designated City representative. The targeted fix time set forth above shall be measured from the time the City logs the call via the options listed above, and shall end when the Vendor has successfully implemented the correction or patch. 4.2 If response and resolution times are not being met per the above criteria, the City may escalate the issue by contacting CradlePoint or their appointed designee. Name: CradlePoint Phone: (855) 813-3385 Email: Support(a)cradlepoint.com 4.3 A joint meeting between CradlePoint and the City's designated representative will ensue. This meeting will be used to discuss and resolve problems that have resulted in the objectives of the Agreement not being met. CEO EXHIBIT A - SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES (to Hardware Purchase, Software License, and Maintenance Agreement) Packet Pg. 70 8.E.a EXHIBIT B NON -DISCLOSURE OF CONFIDENTIAL INFORMATION Definition of Confidential Information and Exclusions. (a) "Confidential Information" means non-public information that a party to the Agreement ("Disclosing Party") designates as being confidential to the party that receives such information ("Receiving Party") or which, under the circumstances surrounding disclosure ought to be treated as confidential by the Receiving Party. "Confidential Information" includes non-public information that City designates as being confidential or which, under the circumstances surrounding disclosure, Vendor ought to treat as confidential, including but not limited to information in tangible or intangible form relating to and/or including City data, computer programs, code, algorithms, formulas, processes, inventions, schematics and other technical, business , financial and product development plans, forecasts, strategies and proprietary or intellectual property whether or not it is owned by City and information received from others that City is obligated to treat as confidential. Except as otherwise indicated in this Agreement, the term 'Vendor" also includes all its subcontractors and Affiliates. An "Affiliate" means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly or indirectly, controls, are controlled by, or are under common control with a party. "Confidential Information" also includes non-public information that Vendor designates as being confidential, or which, under the circumstances surrounding disclosure ought to be treated as confidential by the City, including without limitation, information in tangible or intangible form relating to and/or including released or unreleased Vendor software or hardware products, the marketing or promotion of any Vendor product, Vendor's business policies or practices, and information received from Vendor that the City is obligated to treat as confidential. (b) Confidential Information shall not include any information, however designated, that: (i) is or subsequently becomes publicly available without Vendor's breach of any obligation owed City; (ii) became known to Vendor prior to City's disclosure of such information to Vendor pursuant to the terms of this Agreement; (iii) became known to Vendor from a source other than City other than by the breach of an obligation of confidentiality owed to City; (iv) is independently developed by Vendor; or (v) is not confidential as a matter of law. 2. Obligations Regarding Confidential Information (a) Receiving Party shall: (i) Refrain from disclosing any Confidential Information of the Disclosing Party to third -parties for two (2) years following the date that Disclosing Party first discloses such Confidential Information to Receiving Party, except as expressly provided in Sections 2(b) and 2(c) below; (ii) Take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, but no less than prevailing standard of reasonable care in the Receiving Party's industry, to keep confidential the Confidential Information of the Disclosing Party; (iii) Refrain from disclosing, reproducing, summarizing and/or distributing Confidential Information of the Disclosing Party except in pursuance of EXHIBIT B - NON -DISCLOSURE OF CONFIDENTIAL INFORMATION (to Hardware Purchase, Software License, and Maintenance Agreement) Packet Pg. 71 8.E.a Receiving Party's business relationship with Disclosing Party, and only as otherwise provided hereunder; and (iv) Refrain from reverse engineering, decompiling or disassembling any software code and/or pre-release hardware devices disclosed by Disclosing Party to Receiving Party under the terms of the Agreement, except as expressly permitted by applicable law. (b) Receiving Party may disclose Confidential Information of Disclosing Party in accordance with judicial action, federal or state public disclosure requirements, state or federal regulations, or other governmental order or requirement of law, provided that Receiving Party gives the Disclosing Party reasonable notice prior to such disclosure to allow Disclosing Party a reasonable opportunity to seek a protective order or equivalent, at the Disclosing Party's sole cost, effort, and expense. In the event the Disclosing Party elects to obtain a protective order or equivalent, or legally contest and avoid such disclosure, the Receiving Party shall fully cooperate with the Disclosing Party. (c) The Receiving Party may disclose Confidential Information only to Receiving Party's employees and consultants on a need -to -know basis. The undersigned Receiving Party will have executed or shall execute appropriate written agreements with third -parties sufficient to enable Receiving Party to enforce all the provisions of this Agreement. (d) Receiving Party shall notify the undersigned Disclosing Party immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of the Agreement by Receiving Party and its employees and consultants, and will cooperate with Disclosing Party in every reasonable way to help Disclosing Party regain possession of the Confidential Information and prevent its further unauthorized use or disclosure. Upon discovery of an inadvertent or accidental disclosure, the Receiving Party shall promptly notify the Disclosing Party of such disclosure and shall take all reasonable steps to retrieve the disclosure and prevent further such disclosures. If the foregoing requirements are met, a Receiving Party shall not be liable for inadvertent disclosure. (e) The restrictions herein shall not apply with respect to Confidential Information which: (i) Is or becomes known to the general public without breach of this Agreement; or (ii) Is or has been lawfully disclosed to a Receiving Party by a third -party without an obligation of confidentiality; (iii) Is independently developed by a Party without access to or use of the Confidential Information; or (iv) At the end of the period of confidentiality set forth in the Agreement. (f) All tangible information, including drawings, specifications, and other information submitted hereunder, by the Receiving Party to the other shall remain the property of the Disclosing Party. The Receiving Party promptly shall return Confidential Information, including all originals, copies, reproductions and summaries of Confidential Information and all other tangible materials and devices provided to the Receiving Party, and shall cease any further use thereof, upon the first to occur of the following events: (i) written request of the Disclosing Party; (ii) termination of the parties' Agreement; or EXHIBIT B - NON -DISCLOSURE OF CONFIDENTIAL INFORMATION (to Hardware Purchase, Software License, and Maintenance Agreement) Packet Pg. 72 8.E.a (iii) completion of the purpose for which the Confidential Information was disclosed. In lieu of the foregoing, the Receiving Party, upon mutual consent, may destroy all copies of the Confidential Information and certify to the Disclosing Party in writing that it has done so. (g) The Receiving Party shall not export, directly or indirectly, any Confidential Information or any products utilizing such data unless it first complies with any applicable laws and regulations pertaining thereto, including, but not limited to, U.S. export laws or traffic in arms regulations. 3. Remedies The parties acknowledge that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that Disclosing Party shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction. 4. Miscellaneous (a) All Confidential Information is and shall remain the property of Disclosing Party. By disclosing Confidential Information to Receiving Party, Disclosing Party does not grant any express or implied right to Receiving Party to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein. Disclosing Party reserves without prejudice the ability to protect its rights under any such patents, copyrights, trademarks, or trade secrets except as otherwise provided herein. Except as expressly herein provided, no rights, licenses or relationships whatsoever are to be inferred or implied by the furnishing of Confidential Information specified above or pursuant to this Agreement. (b) The terms of confidentiality under this Agreement shall not be construed to limit either the Disclosing Party or the Receiving Party's right to independently develop or acquire products without use of the other party's Confidential Information. Further, the Receiving Party shall be free to use for any purpose the residuals resulting from access to or work with the Confidential Information of the Disclosing Party, provided that the Receiving Party shall not disclose the Confidential Information except as expressly permitted pursuant to the terms of this Agreement. The term "residuals" means information in intangible form, which is retained in memory by persons who have had access to the Confidential Information, including ideas, concepts, know-how or techniques contained therein. The Receiving Party shall not have any obligation to limit or restrict the assignment of such persons or to pay royalties for any work resulting from the use of residuals. However, this sub -paragraph shall not be deemed to grant to the Receiving Party a license under the Disclosing Party's copyrights or patents. EXHIBIT B - NON -DISCLOSURE OF CONFIDENTIAL INFORMATION (to Hardware Purchase, Software License, and Maintenance Agreement) Packet Pg. 73 8.E.a EXHIBIT C INSURANCE REQUIREMENTS EXHIBIT C - INSURANCE REQUIREMENTS (to Hardware Purchase, Software License, and Maintenance Agreement) Packet Pg. 74 8.E.a EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant'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. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Coverage may be in the form of an underlying GL policy combined with an Umbrella/Excess policy in order to meet the limits required. Packet Pg. 75 8.E.a EXHIBIT C (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 Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 as respects work performed by or on behalf of the Consultant 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 Consultant'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 Consultant 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 Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. Packet Pg. 76 8.E.a ACORO® CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 09/01 /2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Cheryl Campbell VHCNN E.t: (303)444-3334 FAA/C No; (303)444-2716 Rick Baker & Associates Insurance, Inc 5360 Arapahoe Ave Ste D Boulder, CO 80303 E-MADDRESS: cheryl@rickbakerinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURERA: CNA INSURED CHIP GEORGE INC INSURERB: INSURERC: DBA ANACONDA NETWORKS INC 1724 MAJESTIC DR INSURER D UNIT 108E INSURER E: LAFAYETTE, CO 80026 1 INSURER F: COVERAGES CERTIFICATE NUMBER: 00004966-44577 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSO SUER WVO POLICY NUMBER MOLIDY EFF MOLIDY/X/PY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y 6025517135 02/12/2021 02/12/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISESccuence)$ (E. occurrence) 300,000 MED EXP (Any one person) $ 1,000,000 GEN'L X PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY Y Y 6025517135 02/12/2021 02/12/2022 CM Ea aoc den SINGLE LIMIT $ 1,000,000 BODILY I NJ U RY(Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 6025517006 02/12/2021 02/12/2022 X STATUTE ERPER H E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Kent 220 Foruth Avenue South KENT, WA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE 1988-2015 ACORD CORPORATION. All riahts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by CLC on September 01, 2021 at 02:48PM Packet Pg. 77 CNA SB146 (Ed. 10-19) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured — Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1.a. Primary — Noncontributory provision 1.b. Definition of "written contract" 2. Additional Insured — Extended Coverage II. Liability Extension Coverages A. Bodily Injury — Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Fellow Employee First Aid E. Legal Liability — Damage to Premises F. Personal and Advertising Injury — Discrimination or Humiliation G. Personal and Advertising Injury — Broadened Eviction H. Waiver of Subrogation — Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED — BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or SB146932G (10-19) Page 1 of 7 Copyright, CNA All Rights Reserved. Packet Pg. 78 SB146 8•E.a (Ed. 10-19) h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a "written contract." 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such "written contract;" b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owners liability for "bodily injury," "property damage" or "personal and advertising injury" as co- owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" as grantor of a franchise to you. SB146932G (10-19) Page 2 of 7 Copyright, CNA All Rights Reserved. Packet Pg. 79 SB146 8•E.a (Ed. 10-19) d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury," takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury," takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of: N uS (1) The following hazards in connection with premises you own, rent, or control and to which this 0 insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract," we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured. SB146932G (10-19) Page 3 of 7 Copyright, CNA All Rights Reserved. Packet Pg. 80 SB146 8•E.a (Ed. 10-19) i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" caused by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertising injury" for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products -completed operations hazard." But this provision (2) does not apply to such "bodily injury" or "property damage" if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract"; and (b) The "written contract" requires you to make the person or organization an additional insured for such "bodily injury" or "property damage"; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE 1. With respect only to additional insured coverage provided under paragraphs A. and B. above: a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a "written contract" requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. b. Under Liability and Medical Expense Definitions, the following definition is added: "Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: (1) Is currently in effect or becomes effective during the term of this policy; and (2) Was executed prior to: (a) The "bodily injury" or "property damage;" or (b) The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage. 2. With respect to any additional insured added by this endorsement or by any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an insured; SB146932G (10-19) Page 4 of 7 Copyright, CNA All Rights Reserved. Packet Pg. 81 SB146 8•E.a (Ed. 10-19) b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or e. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs a. through d. above; (2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily injury — Expanded Definition Under Liability and Medical Expenses Definitions, the definition of "Bodily injury" is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: M (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; N O O O (3) Any manager, if you or an additional insured is a limited liability company; O N (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. SB146932G (10-19) Page 5 of 7 Copyright, CNA All Rights Reserved. Packet Pg. 82 SB146 8•E.a (Ed. 10-19) D. Fellow Employee First Aid Coverage In the section entitled Who Is An Insured, paragraph 2.a.1. is amended to add the following: The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providing cardiopulmonary resuscitation or other first aid services to a co -"employee" or "volunteer worker" that becomes necessary while your "employee" is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations. E. Legal Liability — Damage To Premises Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage" to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D — Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products - completed operations hazard." Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury: Exclusions c, d, e, if, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. SB146932G (10-19) Page 6 of 7 Copyright, CNA All Rights Reserved. Packet Pg. 83 SB146 8•E.a (Ed. 10-19) 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of: a. $1,000,000; or b. The Damage to Premises Rented to You Limit shown in the Declarations. F. Personal and Advertising Injury — Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions: (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16) Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17) Fines or Penalties N uS Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by 0 endorsement. 0 G. Personal and Advertising Injury - Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of 'Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following: C. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. H. Waiver of Subrogation — Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932G (10-19) Page 7 of 7 Copyright, CNA All Rights Reserved. Packet Pg. 84 8.E.a EXHIBIT D CITY OF KENT NON-DISCRIMINATION POLICY AND FORMS 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 belgwi I agree to fulfill the five requirements referenced above. For: a_ r o k-,t 6r Title: P,-c,S� C% 4A±/ I G Eo Date: $I 3 EXHIBIT D - NONDISCRIMINATION PROVISIONS (to Hardware Purchase, Software License, and Maintenance Agreement) Packet Pg. 85 8.E.a 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. EXHIBIT D - NONDISCRIMINATION PROVISIONS (to Hardware Purchase, Software License, and Maintenance Agreement) Packet Pg. 86 8.E.a 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 N 1, Q cAn-yjOL, n z k' S; Company, hereby acknowledge and declare that the before -mentioned company was the prime contractor for the Agreement known astio� P S •cv{ Lq czvd that was entered into on the $13 i la,l -"' c�i �-F2. R� r-z.�Y��- (date), between t erm ! re�resent 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. M Fo r : Gc. S O drt. ZJ--k, 0 01f e s Title: a C C E4 Date: $(31144 EXHIBIT D — NONDISCRIMINATION PROVISIONS (to Hardware Purchase, Software License, and Maintenance Agreement) Packet Pg. 87 8.E.a Anaconda - Master Contract Estimate# 5098 m N O t 3 El El co LO N M O C 7 m U d O I ca L r O V L C� G O V Q I N N O N C N E L V 2 Q Packet Pg. 88 Anaconda Networks 1724 Majestic Dr. Unit 108B Lafayette, CO 80026 US +1 7205734817 chip@anaconda-networks.com ADDRESS Accounts Payable City of Kent, WA 220 4TH AVE S KENT, WA 98032-5838 ESTIMATE # 5098 SHIP VIA Software DESCRIPTION DATE 08/31 /2022 8.E.a Estimate ANACONDA N E T w U R K S Boulder • ColoradD TRACKING NO. Software Renewal NetCloud Mobile Essentials Plan, 3-yr 9/29/2022 6/28/2025 NCM Renewal 2022 / 3yr / Expiry 6-28-25 Bid is valid for 30 days. Total 49 Devices / September Accepted By SHIP TO Cody Koppelman City of Kent, WA 220 4TH AVE S KENT, WA 98032 SALES REP CG QTY RATE 49 585.31 SUBTOTAL TAX (0.101) TOTAL Accepted Date AMOUI 28,680. 2,896. $31,576J Packet Pg. 89 8.F • KENT *A S M IN G T O N DATE: September 20, 2022 TO: Kent City Council SUBJECT: 2022-2023 Walker and Roller Safety Program for Pacific Highway South - First Amendment to Grant Agreement - Authorize 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. SUMMARY: This is the second year of funding from the Washington Traffic Safety Commission to fund walker and roller safety projects along Pacific Highway South (Highway 99) 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. The total grant award is $101,000 and will fund staffing for this project between the Kent Police Department and Public Health - Seattle & King County along with the various project activities. Funding starts on October 1, 2022 and runs through September 30, 2023. BUDGET IMPACT: Additional grant funds in the amount of $101,000. 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. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: Packet Pg. 90 8.F 1. Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (PDF) 09/06/22 Operations and Public Safety Committee MOTION PASSES 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 Packet Pg. 91 8.F.a L d W.EM.S Y f� M N O N N N O N INTERAGENCY AGREEMENT S2 N M BETWEEN THE Washington Traffic Safety Commission AND City of Kent THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to a "WTSC," and City of Kent, hereinafter referred to as "SUB -RECIPIENT." NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) Nation, Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listing/Catalog of Federal Domestic Assistance (CFDA) #20.6.6, for traffic safety grant project 2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program. 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than October 1, 2022, and remain in effect until September 30, 2023 unless terminated sooner, as provided herein. 3. STATEMENT OF WORK The SUB -RECIPIENT shall carry out the provisions of the traffic safety project described here as the Statement of Work (SOW). If the SUB -RECIPIENT is unable to fulfill the SOW in any manner on this project, the SUB -RECIPIENT must contact the WTSC program manager immediately and discuss a potential amendment. All Federal and State regulations will apply. 3.1 SCOPE OF WORK 3.1.1 Problem ID and/or Opportunity This project seeks to reduce the number of serious injury and deaths of walkers and rollers on Pacific Highway South in King County WA. This project is focused on a portion of Pacific Highway South that runs through King County from Federal Way to Tukwila, between mile posts 6.15 and 24.17. According to crash data provided by Washington State Department of Transportation, a e1of18 Packet Pg. 92 between January 2, 2017 and December 31, 2020 there were a total of 38 collisions with serious injuries or fatalities involy' walkers and rollers along this stretch of highway. Of these collisions, 34 involved pedestrians and four involved bikes. 8•F.a Supporting Data L The Walker and Roller grant program for King County, focusing on South SR 99, was a great success for the 2021-2022 grant yeas Y The Target Zero program succeeded in the following goals: • Created and trained on a Law Enforcement curriculum on Walker and Roller Safety N 0 • Deployed High Visibility Enforcement throughout the target area with a pre and post observational survey N • Created and launched a messaging campaign that included: social media, press release, and purchased billboard time along the N roadway m • Translated multiple bicycle safety documents M Some key highlights and outcomes from those endeavors are outlined below. Key Learnings from Walker and Roller Training: • 100% of participants in the training that took the pre and post survey raised their knowledge of RCWs and laws pertaining to pedestrians and bicycles. • 100% of participants in the training that took the pre and post survey raised their competency in recognizing walker and roller law violations • 71 % of participants that completed the pre and post survey raised their skills and ability to recognize and act on walker and roller law violations • 71 % of participants that completed the pre and post survey raised their confidence to recognize and act on walker and roller law violations • 100% of law enforcement that participated in the training and pre and post survey said they are more likely to stop drivers for walker and roller law violations Key Learnings from the 2021-2022 Grant Year Observational Survey and Enforcement Activities: • There was an overall decrease of 50% in the percent of cars speeding along South SR 99 between the pre -enforcement survey and the second post -enforcement survey • The number and percent of cars speeding varied by location but generally the cities that were able to deploy more patrols had larger and longer sustaining decreases in incidences of speeding. • Top speed of a vehicle observed along this stretch of road was—100mph • There was no observed difference in the occurrence of the other driver and pedestrian behaviors between the pre and two post enforcement patrols. More information would be useful for targeting changes to these behaviors. • This report did not evaluate the impact of the media and social media that accompanied this campaign. Billboards and posters were placed along this roadway later in the summer and were not part of this observational period • It is unknown how the previous state-wide distracted driving campaign influenced the outcomes in these surveys. Though out efforts were well executed and received for the previous grant period there is still much to be done. An unpublished paper by Public Health — Seattle & King County found that it often takes more than one year to create a lasting impact along a problem roadway. Below is some additional crash data and pedestrian/bicycle involved crash data for this stretch of South SR 99 from 2017-2022. As you can see we are looking at matching out 5 year record high for crashes and pedestrian/bicycle involved crashes this year (2022). All of this points to a need to continue this planning work into the 2022-2023 grant year to see the full impact of our efforts to reduce walker and roller injuries and deaths along South SR 99. Table 1: Number of collisions with serious injuries or fatalities involving pedestrians or bikes along Pacific Highway between mileposts 6.15-24.17 from 01/01/2017 — 12/31/2020: a e2of18 Packet Pg. 93 Pedestrians Involved Bikes Involved Total 8.F.a Serious Injuries 27 3 30 Fatalities 9 1 10 3.1.2 Project Purpose and Strategies This project seeks to reduce the number of serious injury and deaths of walkers and rollers on Pacific Highway South in King County WA. This project is focused on a portion of Pacific Highway South that runs through King County from Federal Way to Tukwila, between mile posts 6.15 and 24.17.Though out efforts were well executed and received for the previous grant period therE is still much to be done. An unpublished paper by Public Health — Seattle & King County found that it often takes more than one year to create a lasting impact along a problem roadway. Below is some additional crash data and pedestrian/bicycle involved cras data for this stretch of South SR 99 from 2017-2022. As you can see we are looking at matching out 5 year record high for crashes and pedestrian/bicycle involved crashes this year (2022). All of this points to a need to continue this planning work into the 2022-2023 grant year to see the full impact of our efforts to reduce walker and roller injuries and deaths along South SR 99. Countermeasures Law Enforcement Education Continue the promotion and distribution of training for law enforcement on walker and roller safety (particular focus on South SR99 grant) Number of law enforcement partners trained Enforcement Conduct media and messaging campaign on walkers and rollers in support of HVE and other initiatives • Create media campaign • Conduct media campaign Conduct high visibility enforcement campaigns of drivers for walker and roller safety along South SR99 • Number of emphasis patrols • Number of partners involved in the enforcement campaigns • Number of stops of drivers for violating walker and roller campaigns Conduct pre -post observational survey of drivers, walkers and rollers along the South SR99 corridor to evaluated education and enforcement efforts • Subcontract with observational survey provider • Create survey and identify observational areas • Conduct pre survey • Conduct post survey Engineering Develop and install pedestrian signage at critical intersections/areas along the South SR 99 corridor to warn drivers about the presence of walkers • Working with engineering committee, identify appropriate signs for the area • Get signs ordered and installed along the roadway • Subcontract with observational survey providers • Create survey and identify observational areas • Conduct pre -survey • Conduct -post survey • Develop report on program L d Y_ f� M N 0 N N N O N tD co N M a e3of18 Packet Pg. 94 Walker and Roller Behavior 8•F.a Education Create education materials for public, pedestrians and bicyclist on walker and roller safety (particular focus on SR99 grant) • Develop training materials along with community partners • Ensure materials are equity centered and transcreated into appropriate languages m • Distribute materials to community and law enforcement partners M N Jurisdictional Planning Support O N N Create Tools Create tool for local jurisdictions to audit harm to houseless individuals to improve safety using local evidence bases N along the SR 99 South corridor. • Research information for tool creation to N M • Finalize tool with community/partner input E • Distribute tool to all partners in county Lighting Audit along the length of SR 99 South (ties into ATSC work and data dashboard) • Research information for tool creation • Finalize tool with community/partner input • Distribute tool to all partners in county Checklist for community audit of walker and roller safety • Research information for tool creation • Finalize tool with community/partner input • Distribute tool to all partners in county 3.2 PROJECT GOALS, OBJECTIVES AND MEASURES Goal 1 - Goal 1: Decrease the percent of drivers with unsafe behavior concerning walkers and rollers by 15% along South SR 99 through enforcement, law enforcement education, and driver education by September 30, 2023. Objective Objective Details Specifically knowledge of laws relating to walker and rough training, increase knowledge by certified roller safety, issues faced by walkers and rollers in v enforcement officers trying to use area roadways, and techniques and approaches that can increase walker and roller safety. There will be a minimum of five emphasis patrols for drivers along Pacific Highway South during the project period to be proceeded by a media campaign. Specific locations for emphasis patrols nduct emphasis patrols in high -risk areas focusing will be determined by traffic safety unit commanders issuing citations for high -risk behaviors. for law enforcement agencies involved in the emphasis patrols. Each emphasis patrol will be preceded by an observation study in the focus area and a follow-up observation study will be conducted Completion Date 09/30/2022 09/30/2022 a e4of18 Packet Pg. 95 one week after the enforcement event. Identify appropriate forums to share results of the program. reate and install pedestrian signage along the R99 South The purpose of this objective is to increase driver awareness of walkers and rollers. Work with community partners and local jurisdiction to identify appropriate signage and location of signs. Purchase signs and have them installed along the roadway. Conduct pre and post observational study to identify impact of the installation of the visual signs for drivers. 09/30/2023 Reporting Measure Type Target Frequency Increase percent of knowledge gained about walker and roller issues by certified law enforcement officers by the end of the project as measured Quarterly Outcome 20 by pre- and post -survey results at the training and then a follow-up survey three months after the training. Decrease the percent of specified unsafe driver behaviors around walkers and rollers by the end of the project. The measurement will Quarterly Outcome 10 come from pre- and post -enforcement event observational surveys at selected intersections and conflict points. Decrease rate of speed of drivers and increase the awareness among drivers for the presence of walkers and rollers by the end of the project. Annual Outcome 10 The measurement will come from pre- and post-signage observational surveys at selected intersections and conflict points. Goal 2 - Goal 2: Increase public knowledge and awareness of walker and roller safety issues and ways to increase personal safety while walking and rolling through public outreach and education efforts from law enforcement, communit agencies, and others by 10 percent by September 30, 2023. Objective jective 2-2 Engage with community members at al events to continue to increase knowledge about lestrian and bicycling laws and community norms. jective 2-1 Develop, transcreate, and administer litional education and training to public via law 'orcement, community based organizations, and ers on walker and roller safety. Educational iterials and distribution could include social media ✓ertising, billboard ads, radio ads, bus ads, Objective Details Completion Date 09/30/2022 09/30/2023 `m Y M N 0 N N N 0 N m co N M a e5of18 Packet Pg. 96 transportation ads, and other applicable methods. 8.F.a Measure Reporting Type Target Y Frequency Percent Increase of knowledge of community members about walker and c roller safety issues and strategies to mitigate risk before the end of the N project period. Measurement will involve observed changes in behavior Annual Outcome 10 c through a pre and post spotter survey of drivers along Pacific Highway N south and reach of public education campaigns and social media. N M Goal 3 - Goal 3: Create several tools and distribute to local partners and jurisdictions to implement within their region to reduce harm to critical populations and provide engineering or structural changes to promote walker and roller safety by September 30, 2023. Objective Objective Details Completion Date Create tool for local jurisdictions to audit harm to reate audit tool houseless individuals to improve safety using local 09/30/2023 evidence bases along the SR 99 South corridor. Audit along the length of SR 99 South. This ties into critical work and recommendations that are currently onduct a Lighting Audit 09/30/2023 being developed to support the Active Transportation Safety Council at the state level. reate a checklist for community audit of walker and Iler safety 09/30/2023 Measure Reporting Type Target Frequency Increase the available resource of location jurisdictions to incorporate key walker and roller safety considerations into local planning by Annual Process 100 distributing the above -mentioned tools to all partners. Monitor the number of partners using the tools within their jurisdictions. 3.3. COMPENSATION 3.3.1. The cost of accomplishing the work described in the SOW will not exceed $101,000.00. Payment for satisfactory performanc of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties. a e6of18 Packet Pg. 97 3.3.2. If the SUB -RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established in accordance wi policies, and a federally -approved cost allocation plan may be required to be submitted to the WTSC before any performance is conducted under this Agreement. 3.3.3 The SUB -RECIPIENT must submit a travel authorization form (A-40) to request approval for any travel not defined in the L d scope of work and for all travel outside of the continental United States. State travel policies (SAAM Chapter 10) would apply. M N 3.3.4. If WTSC makes travel arrangements on behalf of the SUB -RECIPIENT, state travel policies must be followed. See O N N Washington State Administrative & Accounting Manual (SAAM) Chapter 10 which can be obtained at this website: N https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/10.htm. If for any reason, this information is not available at this to website, contact the WTSC office at 360-725-9860. N M 3.3.5. WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB -RECIPIENT. If no written policy exists, state travel policies (SAAM Chapter 10) apply. 3.3.6. WTSC will only reimburse the SUB -RECIPIENT for travel related expenses for travel defined in the scope of work and budge or for which approval was expressly granted. The SUB -RECIPIENT must provide appropriate documentation (receipts) to support reimbursement requests, including the A-40 Travel Authorization form if required. 3.3.7. Any equipment that will be purchased under this agreement with a purchase price over $5,000 must be pre -approved by NHTSA prior to purchase. Pre -approval must also be gained if funding from this agreement is used to purchase a portion of an iterr with a purchase price of $5,000 or higher. Approval for these purchases will be facilitated by WTSC. WTSC will notify the SUB - RECIPIENT when approval has been gained or denied. Failure to receive pre -approval will preclude reimbursement. SUB - RECIPIENT will provide WTSC with purchase price, quote, manufacturer, description of its use in the project, and documentation showing that it is made in America. Any equipment purchased with NHTSA funds, must be used exclusively for traffic safety purposes or the cost must be pro -rated. 3.3.8. All equipment must be inventoried by the SUB -RECIPIENT. The SUB -RECIPIENT agrees to maintain the equipment, continue to use it for project purposes, and report on its status to WTSC each year when prompted. 3.3.9. Equipment is defined as any asset with a useful life greater than one year AND a unit cost of $5,000 or greater, and small an attractive assets. Small and attractive assets are the following if they a unit cost of $300 or more: • Laptops and Notebook Computers • Tablets and Smart phones Small and attractive assets also include the following if they have a unit cost of $1000 or more: • Optical Devices, Binoculars, Telescopes, Infrared Viewers, and Rangefinders • Cameras and Photographic Projection Equipment • Desktop Computers (PCs) • Television Sets, DVD Players, Blu-ray Players and Video Cameras (home type) 3.3.10. SUMMARY OF PROJECT COSTS a e7of18 Packet Pg. 98 BUDGET CATEGORY Employee salaries and benefits Travel Contract Services Goods and Services DESCRIPTION Equipment (listed Equipment Cost - $10,000.00 Purchase and installation of traffic signage for below) pedestrians crossing at critical junctions along SR 99. Indirect Costs TOTAL Equipment Description Equipment Cost - $10,000.00 Purchase and installation of traffic signage for pedestrians crossing at critical junctions along SR 99. Budget Justification 8.F.a $52,060 L .00 Y $0.00 N O $46,440 N N 00 N $2,500. N 00 E L $0.00 c a $0.00 co L $101,00 2 0.00 W Quant Unit Arno ity Cost unt Employee Salaries and Benefits = $65,360.00 King County Target Zero Managers Region 7 - $75.00/hour X 12 months X 33/hours per month = $29,700. King County Target Zero Managers Region 8 - $90.00/hour X 12 months X 12/hours per month = $12,960.00. $10,00 $0.00 0.00 Target Zero Managers will be responsible for the planning, coordination, and implementation support for the project. Transcreation of the public education and outreach materials billed through Employee Salaries and Benefits through Public Health Seattle & King County - $8,400.00 Goods and Other Expenses (including printing of translated materials) - $2,500.00 Overtime for patrols by the five police departments located along South State Route 99 + Washington State Patrol - $16,440.00 ($3,288.00/city). The five participating departments are: Federal Way, Kent, Des Moines, SeaTac, and Tukwila. Hours are allocate( based on the length of Pacific Highway South running through each city as well as the crash data showing the higher level of need. Almeida Consulting and Training, LLC. The consultant will deploy a pre -observational survey before education and enforcement occurs in each of the cities as well as a post -observational survey following the education and enforcement work. Data collected from the surveying and the education/enforcement will help the project identify driver, walker, and roller behavior that has potential for dangerous outcomes. Additionally, the consultant will deploy and pre -observational survey before pedestrian signage is installe( and post -observational survey following the installation of pedestrian signage. The cost of contract with Almeida Consulting and a e8of18 Packet Pg. 99 Training is pending discussion with WTSC Research Grant Program. 8.F.a Positive Community Norms campaign to shift unsafe driver behavior - $30,000.00. The project will involve pre -message re message development, campaign development, implementation, and evaluation. Equipment Cost - $10,000.00 Purchase and installation of traffic signage for pedestrians crossing at critical junctions along SR 99. Y Total Direct Costs = $110,000 M N O N N APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: c N tD t0 4. ACTIVITY REPORTS .NM.. The SUB -RECIPIENT will submit progress reports on the activity of this project in the form provided by the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre -approved by WTSC. The SUB. RECIPIENT will include copies of publications, training reports, and any statistical data generated in project execution in the report,, The final report will be submitted to WTSC within 30 days of termination of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are received and approved. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTS( 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8. ASSIGNMENT The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures If any of the funds provided under this Agreement include funds from NHTSA, such third -party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9. ATTORNEYS' FEES In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees an costs. 10. BILLING PROCEDURE The SUB -RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the WEMS invoicing process, or via alternate method if approve( by WTSC. Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, an a e9of18 Packet Pg. 100 claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoi goods received or services performed on or prior to June 30, 2023, must be received by WTSC no later than August 10, 2 invoices for goods received or services performed between July 1, 2023, and September 30, 2023, must be received by WTSC no later than November 15, 2023. WTSC reserves the right to delay the processing of invoices until activity reports required by Sectior L 4 of this agreement, are received and approved. m 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION N The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as 0 N confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of N c the WTSC, or as may be required by law. N m co 12. COST PRINCIPLES N n Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. E 13. COVENANT AGAINST CONTINGENT FEES The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided i writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date c the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation unde this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME a e10of18 Packet Pg. 101 Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or 8.F.a charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to redu costs. 17. INDEMNIFICATION L Y 17.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, c penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this N N Agreement and/or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision N applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothir to M herein shall require the SUB -RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers tc E the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided a� further that if such claims result from the concurrent negligence of (a) the SUB -RECIPIENT, its officers, employees, agents, a contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW - 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUBco m RECIPIENT, its officers, employees, agents, contractors, or subcontractors. `m 17.2. The SUB -RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of this agreement. For this purpose, the SUB - RECIPIENT, by mutual negotiation, hereby waives with respect to WTSC only, any immunity that would otherwise be available tc it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 19. INSURANCE COVERAGE 19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law 19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB -RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirement and standards necessary for the performance of this Agreement. The SUB -RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain books, records, a e 11 of 18 Packet Pg. 102 documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performa services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the W 8•F.a Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any L m duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the N 0 property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to am N N third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond. Each party will c N utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not m erroneously disclosed to third parties. M 22. RIGHT OF INSPECTION The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized ager or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB -RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazine,, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB -RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30 day notice requirement. The Agreement is subject to renegotiation the WTSC's discretion under any new funding limitations or conditions. a e12of18 Packet Pg. 103 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder L conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of m Y this Agreement are declared to be severable. M N 26. SITE SECURITY O N While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in all respects with all N c WTSC physical, fire, or other security policies and applicable regulations. N co 27. TAXES N n All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB- E L RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT. c 28. TERMINATION FOR CAUSE If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB -RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB -RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB - RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property, the cost of whic is reimbursable to the SUB -RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of suc property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligenc( of the SUB -RECIPIENT or which results from the failure on the part of the SUB -RECIPIENT to maintain and administer that proper in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of a e13of18 Packet Pg. 104 this Agreement. 8.F.a 30.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub- contractors. L d Y 31. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such M rights and shall not constitute a waiver of any other rights under this Agreement. N N N N APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): N 32. BUY AMERICA ACT m co M The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB -RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produce) items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue availabl remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns the its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. a e14of18 Packet Pg. 105 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covere transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or vol excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of parties Excluded from Federal Procurement and Non -procurement Programs. 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 34.1. The SUB -RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation c such prohibition. 34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB RECIPIENT's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 34.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receivinc notice from an employee or otherwise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such L d Y M N O N N N 0 N to to N M a e15of18 Packet Pg. 106 purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 8.F.a 34.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. L d 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five M most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual N N gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public CC44 does not have access to information about the compensation of the senior executives of the entity through periodic reports filed 0 CIA under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. N M 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complet and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grant, loans, and cooperative agreements), and that all sub - recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB -RECIPIENT agrees: 37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/fundinc a e16of18 Packet Pg. 107 Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are app including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. L m Y_ 37.1.5. To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in every solicitation for a sub- contract or sub -agreement that receives federal funds under this program. N 0 N 38. POLITICAL ACTIVITY (HATCH ACT) cN.i 0 The SUB -RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of CIA employees whose principal employment activities are funded in whole or in part with federal funds. N M 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE E c� The SUB -RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints 0 that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, an a so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Suc activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement: The Contact for the SUB -RECIPIENT is: Sara Wood swood@kentwa.gov 253-856-5856 42. AUTHORITY TO SIGN The Contact for WTSC is: Jessie Knudsen jknudsen@wtsc.wa.gov 360-725-9860 ext. The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. a e17of18 Packet Pg. 108 City of Kent 8.F.a Signature Printed Name Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date L d Y M N O N N N O N tD co N M a e18of18 Packet Pg. 109 8.G KENT , i n N .L I G N DATE: September 20, 2022 TO: Kent City Council SUBJECT: First Amendment to Agreement with Axon Enterprise, Inc. - Authorize 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. SUMMARY: 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 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. Purchases will cover outfitting all officers in the department (6 more cameras are needed). The amendment provides for taser replacements for all officers in 2024, body worn camera replacements for all officers in 2024, 2026 and 2029 and upgrades the City's current OSP7+ program to Axon's premium program. Axon's OSP7+ premium adds in unlimited auto transcription of the BWC video and Axon Respond. Total cost for the contract extension with Axon: Year 1 BWC/Non-Sworn $574,892.65 Records $0 We do not pay until the system goes live Year 2 BWC/Non-Sworn $568,629.21 Records $65,693 Year 3-7 BWC/Non-Sworn $568,629.21 Records $65,693 Interview Room $6,863.30 Packet Pg. 110 8.G Cameras BUDGET IMPACT: The costs for the Body Worn Camera program will be paid for with Red -Light Camera revenues and the cost of the Axon Records Management System will be paid by Information Technology's budgeted funds. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. First Amendment to Executed MSPA 06252019-Kent PD v.102 (PDF) 2. Statement of Work for Implementation of Axon Records (PDF) 3. Quote from Axon Enterprises, Inc., dated 07202022 (PDF) 4. Master Services and Purchasing Agreement, dated 06252019 (PDF) 09/06/22 Operations and Public Safety Committee MOTION PASSES 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 Packet Pg. 111 8.G.a First Amendment to Master Services AXON and Purchasing Agreement This First Amendment ("Amendment") is between Axon Enterprise, Inc., a Delaware corporation ("Axon"), and Kent Police Department ("Agency"). This Amendment is effective as of the last signature date on this Amendment ("Effective Date"). Axon and Agency are each a "Party" and collectively "Parties". Axon and Agency are parties to a Master Services and Purchasing Agreement with an effective date of 25 June 2019 ("Agreement'). Agency wishes to add OSP7+ Premium, Records and associated hardware and service to the Agreement. The Parties therefore agree as follows: 1. Add and incorporate Attachment A — Axon Respond Appendix 2. Add and incorporate Attachment B — Axon Add -on Services Appendix 3. Add and incorporate Attachment C - Axon Auto -Transcribe Appendix 4. Add and incorporate Attachment D — Axon Virtual Reality Content Terms of Use Appendix 5. Add and incorporate Attachment E - Axon Channel Services Appendix 6. Add and incorporate Attachment F — Quote: Q-392881 7. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. Each representative identified below declares that the representative is authorized to execute this Amendment as of the date of signature. Axon Enterprise, Inc. Agency Signature: Signature: Name: Name: Title: Title: Date: Date: Attachment A Packet Pg. 112 8.G.a First Amendment to Master Services AXON and Purchasing Agreement Axon Respond Appendix This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote. 1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond. 2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good -faith discussions with Agency on upgrading Agency's Axon Respond to better meet Agency's needs. 3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body -worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon's choice to provide LTE service. Axon may change LTE carriers during the Term without Agency's consent. 4. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier's control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. 4.1. With regard to Axon Body 3, Partner networks are made available as -is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third -party beneficiary of any agreement between Axon and the underlying carrier. 5. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon - provided LTE service. Attachment B Axon Add -on Services Appendix This Appendix applies if Axon Citizen for Communities, Axon Redaction Assistant, and/or Axon Performance are included on the Quote. Packet Pg. 113 8.G.a First Amendment to Master Services AXON and Purchasing Agreement 1. Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency. 1.1. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date. 1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add -on. 2. Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Agency's Axon Evidence instance. The post - termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content. 3. Performance Auto -Tagging Data. In order to provide some features of Axon Performance to Agency, Axon will need to store call for service data from Agency's CAD or RMS. Packet Pg. 114 8.G.a First Amendment to Master Services AXON and Purchasing Agreement Attachment C Axon Auto -Transcribe Appendix This Appendix applies if Axon Auto -Transcribe is included on the Quote. Subscription Term. If Agency purchases Axon Auto -Transcribe as part of a bundle or Axon Cloud Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud Services license term, or (2) date Axon provisions Axon Auto -Transcribe to Agency. If Agency purchases Axon Auto -Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto -Transcribe to Agency. 1.1. If Agency cancels Auto -Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage. 2. Auto -Transcribe A -La -Carte Minutes. Upon Axon granting Agency a set number of minutes, Agency may utilize Axon Auto -Transcribe, subject to the number of minutes allowed on the Quote. Agency will not have the ability to roll over unused minutes to future Auto -Transcribe terms. Axon may charge Agency additional fees for exceeding the number of purchased minutes. Axon Auto -Transcribe minutes expire one year after being provisioned to Agency by Axon. 3. Axon Unlimited Transcribe. Upon Axon granting Agency an Unlimited Transcribe subscription to Axon Auto -Transcribe, Agency may utilize Axon Auto -Transcribe with no limit on the number of minutes. Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview Room, Axon Citizen, or third -party transcription, transcription must be requested on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per user per month for multiple months in a row. Axon will not bill for overages. 4. Warranty. Axon disclaims all warranties, express or implied, for Axon Auto -Transcribe. Packet Pg. 115 8.G.a First Amendment to Master Services AXON and Purchasing Agreement Attachment D Axon Virtual Reality Content Terms of Use Appendix If Virtual Reality is included on the Quote, this Appendix applies. 1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Agency related to virtual reality (collectively, "Virtual Reality Media"). 2. Headsets. Agency may purchase additional virtual reality headsets from Axon. In the event Agency decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Agency must purchase those headsets from Axon. 3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. If Agency utilizes more users than stated in this Agreement, Agency must purchase additional Virtual Reality Media licenses from Axon. Agency may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Agency may not: 3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media; 3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same; 3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement; 3.4. use trade secret information contained in Virtual Reality Media; 3.5. resell, rent, loan or sublicense Virtual Reality Media; 3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or 3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within Virtual Reality Media or any copies of Virtual Reality Media. 4. Privacy. Agency's use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/legal/axon-virtual-reality-privacy-policy. 5. Termination. Axon may terminate Agency's license immediately for Agency's failure to comply with any of the terms in this Agreement. Packet Pg. 116 8.G.a First Amendment to Master Services AXON and Purchasing Agreement Attachment E Axon Channel Services Appendix This Appendix applies if Agency purchases Axon Channel Service, as set forth on the Quote. 1. Definitions. 1.1. "Axon Digital Evidence Management System" means Axon Evidence or Axon Commander, as specified in the attached Channel Services Statement of Work. 1.2. "Active Channel" means a third -party system that is continuously communicating with an Axon Digital Evidence Management System. 1.3. "Inactive Channel" means a third -party system that will have a one-time communication to an Axon Digital Evidence Management System. 2. Scope. Agency currently has a third -party system or data repository from which Agency desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Agency's third -party data into an Axon Digital Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services will not delete any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per Agency policy. 3. Purpose and Use. Agency is responsible for verifying Agency has the right to share data from and provide access to third -party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Agency is responsible for any changes to a third -party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Agency's network and systems to perform the Services described in the Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to Agency. 4. Project Management. Axon will assign a Project Manager to work closely with Agency's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 5. Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner. 6. Monitoring. Axon may monitor Agency's use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency's use of channel services. 7. Agency's Responsibilities. Axon's successful performance of the Channel Services requires Agency: 7.1. Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access); 7.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Channel Services); 7.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services; 7.4. Ensure all appropriate data backups are performed; 7.5. Provide Axon with remote access to the Agency's network and third -party systems when required for Packet Pg. 117 8.G.a First Amendment to Master Services AXON and Purchasing Agreement Axon to perform the Channel Services; 7.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and 7.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services). Packet Pg. 118 8.G.a First Amendment to Master Services AXON and Purchasing Agreement Attachment F — Axon Quote See Next Page Packet Pg. 119 8.G.b STATEMENT OF WORK FOR THE IMPLEMENTATION OF AXON RECORDS FOR KENT POLICE DEPARTMENT ("SOW") Submitted By: Axon Enterprise, Inc. (Axon) 17800 North 851h Street Scottsdale, AZ 85255 8.G.b r- LO N M N L O u N� O x Q W O r_ O Y Y E Q E L. O Y L O O E d m U) E Q Packet Pg. 121 8.G.b 1 . PROJECT OVERVIEW: ................................. 1 1.1 SOFTWARE.................................................................. 1 1.2 DEFINITIONS ............................................................... 1 1.3 OUT OF PROJECT SCOPE ................................................. 2 2. P R 0 F E S S 1 0 N A L S E R V I C E S: ........................... 4 2.1 GENERAL.................................................................... 4 2.2 INTERFACES................................................................. 4 2.3 DATA CONVERSION........................................................ 5 2.4 REPORTING AND DATA WAREHOUSE .................................. 5 2.5 READINESS .................................................................. 5 2.6 TRAINING................................................................... 6 2.7 GO -LIVE ...................................................................... 6 3. PROJECT MANAGEMENT: ............................. 7 3.1 MANAGEMENT RESOURCES .............................................. 7 3.2 REQUIREMENTS PLANNING .............................................. 7 3.3 CHANGE CONTROL......................................................... 7 3.4 MILESTONE COMPLETION REPORT ("MCR") ......................... 7 4. AGENCY COMMITMENTS: ............................. 8 5. S U P P O R T:.............................................. 9 6. T E R M S AND CON D I T 1 0 N S :............................ 1 0 ATTACHMENT A - MILESTONE COMPLETION R E P O R T T E M P L A T E....................................... 1 1 A T T A C H M E N T B- P R O J E C T C H A N G E O R D E R T E M P L A T E................................................. 1 3 ATTACHMENT C - THIRD - PARTY PRODUCTS AND SE R VICES..................................................12 i u CD T1 r) C7 z m z f_n 4klik.sl 8.G.b r- LO N M N L O u N� O x Q W O r_ O Y Y E Q E L. O Y L O O E d m U) E Q Packet Pg. 123 8.G.b `k, 1.1 :2vrivvARE The software detailed in this SOW includes the listed functionality. / Axon Records: Washington State NIBRS compliant reporting, workflow, charge -tables 1.2 DEFINITIONc- PARTIES Agency Kent Police Department who is identified within this SOW End -Users Specific Agency groups that will use the system Professional Services The services that Axon will provide within the scope of this SOW SYSTEMS Axon Systems Software solutions and Agency specific integrations developed by Axon QIS The Federal Bureau of Investigation's Criminal Justice Information System MDC Mobile Data Computer - device associated within a vehicle or other mobile unit NIBRS National Incident Based Reporting System DataStore The database Axon provides allowing Agency to query data Axon Records The software solution being implemented as part of this SOW Production Environment The operational environment where the Product will be accessed Training Environment The pre -production environment where all Axon -specific development, configuration, FAT, UAT, and Training will take place (this includes integrations and data conversions identified in sections 2.2 and 2.3 below). Service Portal An online portal provided by Axon where issues identified are entered and triaged PROJECT & MILESTONES Project Scope of this SOW as defined by the work to be completed described herein Project Change Order (PCO) Change order form outlined in Attachment B to be executed between Axon and Agency if a material change in scope is required to this SOW Go -Live All End -Users are activated and Agency is actively using the product Milestone Event that constitutes completion of work as listed in Attachment A PAGE 1 Packet Pg. 124 8.G.b Al Milestone Completion Report The report outlined in Attachment A to be executed at key Milestones between Agency and Axon to approve completion of Project phases Requirements Phase Requirements gathering and confirmation occurs during this phase. Confirmed requirements feed the Sprint phase, and Sprints are designed around what can and can't be accomplished given time and resource constraints on both Axon and Agency's sides. Configuration Phase Project phase encompassing iterative development through Sprints. Integrations and workflows are developed and deployed during this phase. Agency forms are also configured during this phase. Sprint A period of time, during the configuration phase of the project (typically 2 or 3 weeks) where specific pieces of functionality are built, configured, and delivered. Sprint Review Signifies the end of the sprint where Axon will showcase what was built, configured, and delivered. These items will then be deemed ready for FAT and UAT. Third -Party Products and Software, hardware, and services that are not owned by Axon but are being Services provided by Axon for this Project as listed in Attachment C ACCEPTANCE Blocker Issue impacting 50% or more users, after Axon has launched the agency into Production and the agency is considered "live". (Note: blockers or issues identified during the Configuration phase of the project are addressed during the current or following sprint.) Integration Acceptance Scheduled events for testing of each integration point and associated Testing functionality in collaboration with Agency and Agency's vendors Functional Acceptance Testing Testing the functionality of the system as configured for Agency ( FAT) User Acceptance Testing (UAT) Testing the functionality of the system as configured for the Agency from an end -user's perspective 1.3 OUT OF V I%WJACT SCOPE Axon is only responsible for performing the Professional Services described within this SOW. Any additional Professional Services that are not defined explicitly by this SOW shall be done so through a Project Change Order. The following are considered outside the scope of this Project: / Administration, management, or support of any internal City, County, State, Federal or Agency IT network or infrastructure PAGE Packet Pg. 125 I- 8.G.b / Third Party Products and Services costs related to the vendors or Agency's cost of implementing the vendors or Agency's side of the integration / Changes made by Agency or Agency's vendors PAGE Packet Pg. 126 Aa 8.G.b 2.1 GENERAL / Agency will provide a Master Charge Table that Axon will load. 2.2 INTERFACES / Agency must provide technical documentation and/or facilitation of meetings with all third -party systems vendors where an integration is required. / Axon will provide any relevant API documentation to Agency. / Axon will conduct Integration Acceptance Testing demonstrating the functionality of each integration. / Agency must notify Axon of any changes in Agency's side of the integration that is beyond Axon's control and may impact the integration. 2.2.1 Records I ValleyCom 911 CAD I CFS Import: Axon will build an interface with ValleyCom 911 to import CFS data into Axon Records. This will automatically create a report shell in Axon Records, assigned to the Primary Officer on the CFS. 2.2.2 Records I Washington State Patrol Sector: Import of Agency citation data from Sector 2.2.3 Records I Washington State Patrol Sector: Import of Agency crash data from Sector 2.2.4 Records I Law Enforcement Information Exchange I LiNX: Export of Agency incident data to LINX NW 2.2.5 Records I LEXIS NEXIS I CopLogic DORS: Import of Citizen online reports from Lexis Nexis CopLogic DORS 2.2.6 Records I King County Fingerprint System I AFIS: Export of arrest data to the AFIS system 2.2.7 Records I Black Creek JMS I Arrest Data: Axon will build a one way integration that exports Arrest Information from Axon Records to the Black Creek JMS so that officers do not need to enter the data in 2 systems. 2.2.8 Records I ESRI/GIS I Location Data: Import (cadence TBD) of Location Data from the Agency's GIS service which will allow auto addressing inside of reports created in Axon Records. 2.2.9 Records I SPIDR Tech I Incident Data Export: Axon will r PAGE 4 Packet Pg. 127 Al 8.G.b (Kent currently utilizes a file drop from their current RMS to SFIDR Tech.) 2.3 Data Conversion / Axon will work with Agency to map the data from the legacy data structures and formats into Axon Records. / Data quality shall be addressed by Agency prior to provisioning to Axon. / If necessary, as determined by Axon, Agency must facilitate meetings with all third -party system vendors where a data conversion is required. / Agency's third -party system vendors will perform the extractions and provide Axon with data dictionaries, the structure, format, and any documentation that will allow effective migration of the data. 2.3.1 CentralSquare - Tiburon I Records Data Conversion: Migrate reports, attachments, master name index, master vehicle index, master location index from CentralSquare Tiburon database to Axon Records E, . 4 R E P 0 9,-,jn e t_t D 13% Al11% / A file export, in the proper format, will be provided so Agency can transmit Washington State NIBRS data to the state. Axon will configure and make available to Agency a MS SQL Data Warehouse (Axon Data Store) containing information within the Axon Systems allowing Agency to utilize available data. Axon will provide Agency with a data dictionary and/or other appropriate documentation. If Axon provides reports for specific purposes as indicated, it is the responsibility of Agency to maintain them. LA 2.5 READINESS / Axon will conduct Functional Acceptance Testing via use cases approved by Axon and Agency. / All issues discovered during and after training will be entered into the service portal for triage. PAGE C Packet Pg. 128 Al 8.G.b 2.6 TRAINING / Axon will document and propose a Training Plan to Agency based on user types and availability, including additional IT and Admin Training. / All training will be hands-on in an Axon -provided Training environment. / Agency will provide facilities and equipment for conducting the Training. / Train the Trainer: Axon will provide session(s), materials and support allowing Agency's in-house trainers to conduct their own Training. Agency is responsible for updating all Training materials after final acceptance. 2.7 GO -LIVE / Axon will choreograph and orchestrate the Go -Live event. / Commencing on the date of the Go -Live event, a 30-day reliability period will begin, allowing Agency to experience the Axon Records functionality. At the conclusion of the reliability period, Kent will transition to Axon Customer Support for the remainder of the contract period. / If no Blockers are reported during the 30-day reliability period, upon Agency agreement and signoff, the system shall be deemed to have achieved Final Acceptance. PAGE Packet Pg. 129 `k, 8.G.b 3.1 MANAGEMENT RESOURCES / Both Parties will assign a Project Manager to ensure completion of deliverables. / Axon's Project Manager will ensure all team members from Axon and Agency are continually updated on the status of the Project. 3.2 REQUIREMENTS PLANNINNNNNJ / All Project requirements will be documented in Requirements Planning. / Once all requirements are agreed to, Axon's Project Manager will work with Agency's Project Manager to develop a Project plan for Axon's implementation. 3.3 CHANGE CONTROL 40h- / If any changes in the Project cause a material increase or decrease in fees, as determined by Axon, an adjustment in the fees will be agreed upon and included in a signed PCO form. Agency acknowledges a proposed change request might have an impact on both scheduling and cost for the Project that will be outlined in the PCO form. 3.4 MILEST01% COI PLET1%N REPORT ("MCR") Axon will submit an MCR to Agency for approval upon completion of a Milestone. Upon receiving an MCR, Agency has 14 calendar days to approve or respond in writing with issues related to the MCR. Failure to reply within 14 calendar days will be deemed approval. ► This is not applicable to Sprints, only to major milestones of the project. 3.5 SPRINT DEAD. AND REVIEW / At the conclusion of each sprint, Axon will conduct a Sprint Demo and Review with the Agency's Project Team, showcasing the work that was completed during that particular sprint. PAGE Packet Pg. 130 Aa 8.G.b PAGE / Ensure the reasonable availability for meetings, phone or email of knowledgeable staff and personnel to provide timely and accurate documentation and information to Axon. / Identify holidays, non -workdays or major events that may impact the Project. / Ensure Agency desktop or mobile systems and devices can access the Product. 1 Make available relevant systems if needed for assessment by Axon (including making these systems available to Axon via remote access if possible). Provide Axon with remote access to Agency's Axon Evidence account when required. Packet Pg. 131 Al 8.G.b PAGE / Axon will provide on -site Go -Live support the week the system is cut -over. / The Product undergoes updates and enhancements which Agency will automatically receive. / Axon will provide Agency's End Users access to the my.axon.com support portal to submit and review service tickets. / For Technical Support assistance, Agency may contact a Technical Support representative at 800-978-2737, or via email at Support@Axon.com. Online, email -based support and remote -location troubleshooting are included on an ongoing basis as part of Agency's investment in the Axon ecosystem. Phone support is available 24/7. Packet Pg. 132 Ak, 8.G.b This SOW is governed by the Master Services and Purchasing Agreement executed by the Parties. AXON ENTERPRISE, INC. AGENCY Signature: _____________________ Signature: Name: Name: ------------------------- --- Title: Title: ------------------------- --- Date: Date: PAGE Packet Pg. 133 L� 8.G.b By signing for the items in this Milestone Completion Checklist, I agree that Axon's Professional Services Organization has reached the following milestone(s) for the Project agreed upon in the SOW between Axon and Kent Police Department: ❑ Project Kickoff ❑ Requirements Completion (results of this phase feed the sprints in the configuration phase) ❑ Completion of Configuration (Configuration includes but is not limited to integration development and delivery, form development, data conversion, and workflow configuration. This phase is comprised of iterative sprints until complete.) ❑ Functional Review and Acceptance Testing (this phase is performed at the conclusion of each sprint) ❑ Completion of Agency Training ❑ Go -Live ❑ Final Acceptance Date Services were completed on: day of , 20 Today's Date: Agency Name: Signature: Printed Name: PAGE 11 Packet Pg. 134 8.G.b Aa Title: N L O c.i 1 I. Email: � c r R L O U 4- 0 PAGE C O C O K Q m 3 r c m E m a� L r- LO N M N L O u Nw O x Q W O O Y Y E a) Q E L. O Y L O O E d m U) r_ w E m Q Packet Pg. 135 8.G.b Date: Axon Product or Service: Change Order Details AXON ENTERPRISE, INC. AGENCY Sign ature:--------------------- Signature: ------------------------- Name: Name: Title: Title: Date: Date: PAGE Packet Pg. 136 8.G.c Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Q-392881-44762.889C N yQuote Expiration Account Number: 106698 Payment Terms: N30 Delivery Method: Fedex - Ground SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Eric Hemmen 220 4th Ave S Kent Police Dept. - WA Chris Neubeck 220 4th Ave S 220 4th Ave S Phone: +1 6027080074 Phone: (253) 856-5837 Kent, WA 98032-5838 Kent, WA 98032-5838 Email: cneubeck@axon.com Email: ehemmen@kentwa.gov USA USA Fax: (480) 658-0629 Fax: (253) 856-6803 Email: Quote Summary Program Length TOTAL COST ESTIMATED TOTAL WI TAX Payment Summary Date Sep 2022 Sep 2023 Sep 2024 Sep 2025 Sep 2026 Sep 2027 Sep 2028 Total Discount Summary 84 Months Average Savings Per Year 1.,036,929.20 TOTAL SAVINGS t.415.142.32 $116,370.69 $814,594.86 Subtotal Tax Total $525,673.50 $49,219.15 $574,892.65 $579,651.30 $54,670.91 $634,322.21 $586,320.90 $54,864.61 $641,185.51 $586,320.90 $54,864.61 $641,185.51 $586,320.90 $54,864.61 $641,185.51 $586,320.90 $54,864.61 $641,185.51 $586,320.80 $54,864.62 $641,185.42 $4,036,929.20 $378,213.12 $4,415,142.32 Page 1 Q-392881.44762. Packet Pg. 137 8.G.c Quote Unbundled Price: Quote List Price: Quote Subtotal: Pricing All deliverables are detailed in Delivery Schedules section lower in proposal $4,851,524.06 $3,858,555.0, $4,036,929.2( Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Totc Program IR1 CA Interview Room 1 Camera Advanced 4 84 $0.00 $0.00 $0.00 $0.00 $0.0 2022OSP7+Premium10Ye 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 166 84 $323.29 $252.23 $252.23 $3,517,095.12 $328,109.53 $3,845,204.6 ar Year IR1 CA Interview Room 1 Camera Advanced 4 84 $99.25 $33,348.00 $968.50 $34,316.5 BWCamTAP10Yr Body Wom Camera TAP 10 Year Bundle 5 84 $33.38 $28.36 $0.00 $0.00 $0.00 $0.0 A la Carte Hardware 20018 TASER 7 BATTERY PACK, TACTICAL 7 $90.56 $0.00 $0.00 $0.00 $0.0 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN 6 $1,810.00 $0.00 $0.00 $0.00 $0.0 LASER), CLASS 3R AB3C AB3 Camera Bundle 6 $699.00 $699.00 $4,194.00 $423.60 $4,617.6 AB3MBD AB3 Multi Bay Dock Bundle 1 $1,495.00 $1,495.00 $1,495.00 $150.99 $1,645.9 AB3C AB3 Camera Bundle 5 $699.00 $0.00 $0.00 $0.00 $0.0 A la Carte Software 73891 RECORDS LICENSE, NON -SWORN 28 64 $29.00 $0.00 $0.00 $0.00 $0.0 ProLicense Pro License Bundle 37 84 $39.00 $39.51 $122,797.08 $12,402.52 $135,199.6 A la Carte Services 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: 1 64 $500.00 $5,593.75 $358,000.00 $36,157.98 $394,157.9 RECORDS A la Carte Warranties 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 85 $0.44 $0.00 $0.00 $0.00 $0.0 80395 EXT WARRANTY, TASER 7 HANDLE 163 85 $6.58 $0.00 $0.00 $0.00 $0.0 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 85 $6.58 $0.00 $0.00 $0.00 $0.0 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 73 $0.44 $0.00 $0.00 $0.00 $0.0 80395 EXT WARRANTY, TASER 7 HANDLE 6 73 $6.58 $0.00 $0.00 $0.00 $0.0 Total $4,036,929.20 $378,213.12 $4,415,142.3 Page 2 Q-392881.44762. Packet Pg. 138 8.G.c Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100126 AXON VR TACTICAL BAG 3 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100186 HTC FOCUS 3 WRIST TRACKER 6 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR 3 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR 3 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20298 VR-ENABLED GLOCK 19 CONTROLLER 3 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20378 HTC FOCUS 3 VR HEADSET 7 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF 3.5-DEGREE NS 332 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE NS 332 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22196 TASER 7 VR CARTRIDGE, STANDOFF 3.5-DEGREE 6 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22197 TASER 7 VR CARTRIDGE, CLOSE -QUARTERS (1 2-DEGREE) 6 09/01/2022 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 7 09/01/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 6 09/01/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 5 09/01/2022 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 7 09/01/2022 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB21-BAY / 6-BAY DOCK 1 09/01/2022 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 1 09/01/2022 A la Carte 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY GREEN LASER), CLASS 3R 6 09/01/2022 A la Carte 20018 TASER 7 BATTERY PACK, TACTICAL 7 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF 3.5-DEGREE NS 332 09/01/2023 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE NS 332 09/01/2023 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100210 VIRTUAL REALITY TABLET REFRESH ONE 3 09/01/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20242 TASER CERTIFICATION PROGRAM YEAR 6-10 HARDWARE 166 09/01/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20373 VIRTUAL REALITY HEADSET REFRESH ONE 7 09/01/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73309 AXON CAMERA REFRESH ONE 171 09/01/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73689 MULTI -BAY BWC DOCK 1ST REFRESH 21 09/01/2024 Body Worn Camera TAP 10 Year Bundle 73309 AXON CAMERA REFRESH ONE 5 09/01/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100211 VIRTUAL REALITY TABLET REFRESH TWO 3 03/01/2026 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20374 VIRTUAL REALITY HEADSET REFRESH TWO 7 03/01/2026 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73310 AXON CAMERA REFRESH TWO 171 03/01/2026 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73688 MULTI -BAY BWC DOCK 2ND REFRESH 21 03/01/2026 Body Worn Camera TAP 10 Year Bundle 73310 AXON CAMERA REFRESH TWO 5 03/01/2026 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100212 VIRTUAL REALITY TABLET REFRESH THREE 3 09/01/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20375 VIRTUAL REALITY HEADSET REFRESH THREE 7 09/01/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73345 AXON CAMERA REFRESH THREE 171 09/01/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73347 MULTI -BAY BWC DOCK 3RD REFRESH 21 09/01/2029 Body Worn Camera TAP 10 Year Bundle 73345 AXON CAMERA REFRESH THREE 5 09/01/2029 Software Bundle 3 Item & Description QTY Estimated Start Date Estimated End Date 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100165 UNLIMITED 3RD-PARTY STORAGE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20248 TASER 7 EVIDENCE.COM LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20248 TASER 7 EVIDENCE.COM LICENSE 2 10/01/2022 09/30/2029 Page 3 Q-392881-44762. Packet Pg. 139 8.G.c Software Bundle Item Description QTY Estimated Start Date Estimated End Date 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20370 FULL VR TASER 7 ADD -ON USER ACCESS 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73478 REDACTION ASSISTANT USER LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73618 CITIZEN FOR COMMUNITIES USER LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73680 RESPOND DEVICE PLUS LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73681 AXON RECORDS FULL 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73682 AUTO TAGGING LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73687 EVIDENCE.COM VIEWER LICENSE 1 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73739 PERFORMANCE LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73746 PROFESSIONAL EVIDENCE.COM LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 85760 Auto -Transcribe Unlimited Service 166 10/01/2022 09/30/2029 Interview Room 1 Camera Advanced 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE PER SER 2 10/01/2022 09/30/2029 Interview Room 1 Camera Advanced 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 4 10/01/2022 09/30/2029 Interview Room 1 Camera Advanced 73840 EVIDENCE.COM BASIC LICENSE 1 10/01/2022 09/30/2029 Pro License Bundle 73683 10 GB EVIDENCE.COM A -LA -CART STORAGE- 111 10/01/2022 09/30/2029 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 37 10/01/2022 09/30/2029 A la Carte 73891 RECORDS LICENSE, NON -SWORN 28 06/01/2024 09/30/2029 Services Bundle Item Description QTY 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 11642 THIRD -PARTY VIDEO SUPPORT LICENSE 166 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80190 Evidence.com Channel Services 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80223 INACTIVE CHANNEL ACCESS LICENSE 1 A la Carte 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 09/01/2022 09/30/202 9 A la Carte 80395 EXT WARRANTY, TASER 7 HANDLE 163 09/01/2022 09/30/202 9 A la Carte 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 09/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100197 HTC FOCUS 3 VR HEADSET - WARRANTY 7 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100198 AXON VR CONTROLLER KIT - WARRANTY 3 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80464 EXT WARRANTY, CAMERA TAP 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80464 EXT WARRANTY, CAMERA TAP 5 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80465 EXT WARRANTY, MULTI -BAY DOCK TAP 21 10/01/2022 09/30/2029 Interview Room 1 Camera Advanced 50448 EXT WARRANTY, INTERVIEW ROOM 4 10/01/2022 09/30/2029 Body Worn Camera TAP 10 Year Bundle 80464 EXT WARRANTY, CAMERA TAP 5 09/01/2023 09/30/2029 A la Carte 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 09/01/2023 09/30/2029 A la Carte 80395 EXT WARRANTY, TASER 7 HANDLE 6 09/01/2023 09/30/2029 c 0 y c m x w El r- LO N M N N O N O N I - CD m R ti c N aD 2 •L a L C W r= 0 x Q E 0 L a� 0 3 c a� E t c� Y Q Page 4 Q-392881-44762. Packet Pg. 140 8.G.c Payment Details 0 Sep 2022 Invoice Plan Item Description oty Subtotal Tax Total x Year 4 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY GREEN LASER), CLASS 31R 6 $0.00 $0.00 $0.00 1 w Year 4 - OSP7+P Year 4 - OSP7+P 20018 a0220SP7+Premium10Ye TASER 7 BATTERY PACK, TACTICAL 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 7 166 $0.00 $502,442.19 $0.00 $46,872.79 $0.00 $549,314.98 Year 4 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 4 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 4 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 4 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 4 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Invoice Upon Fulfillment AB3C A133 Camera Bundle 6 $4,194.00 $423.60 $4,617.60 Invoice Upon Fulfillment AB3C A133 Camera Bundle 5 $0.00 $0.00 $0.00 Invoice Upon Fulfillment AB3MBD A133 Multi Bay Dock Bundle 1 $1,495.00 $150.99 $1,645.99 Q Year 4 - Axon ProLicense Pro License Bundle 37 $17,542.31 $1,771.77 $19,314.08 'L-O Total $525,673.50 $49,219.15 $574,892.65 M Oct 2022 Invoice Plan Item Description My Subtotal Tax Total Invoice Upon Fulfillment BWCamTAP10Yr Body Worn Camera TAP 10 Year Bundle 5 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 Sep 2023 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 5 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 5 - OSP7+P a0220SP7+premium10Ye 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 $502,442.19 $46,872.79 $549,314.98 Year 5 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 5 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 5 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 5 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 5 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 5 - Records 73891 RECORDS LICENSE, NON -SWORN 28 $0.00 $0.00 $0.00 Year 5 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.67 $6,026.33 $65,693.00 Year 5 - Axon ProLicense Pro License Bundle 37 $17,542.44 $1,771.79 $19,314.23 Total $579,651.30 $54,670.91 $634,322.21 Sep 2024 Invoice Plan Year 6 - OSP7+P Year 6 - OSP7+P Year 6 - OSP7+P Page 5 Item Description 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASE 20018 TASER 7 BATTERY PACK, TACTICAL 2022OSP7+Premium10Ye 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year CLASS 3R Ity Subtotal + Tax 6 $0.00 $0.00 7 166 Total 19 $46,872.79 $549,314.98 Q Q-392881-44762. Packet Pg. 141 8.G.c Sep 2024 Invoice Plan Item Description Qty Subtotal Tax Total ar Year 6 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 6 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 6 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 6 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 6 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 6 - Records 73891 RECORDS LICENSE, NON -SWORN 28 $0.00 $0.00 $0.00 Year 6 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.67 $6,026.33 $65,693.00 Year 6 - Axon ProLicense Pro License Bundle 37 $17,542.44 $1,771.79 $19,314.23 Year 6 - IR IR1CA Interview Room 1 Camera Advanced 4 $0.00 $0.00 $0.00 Year 6 - IR IR1CA Interview Room 1 Camera Advanced 4 $6,669.60 $193.70 $6,863.30 Total M $586,320.90 $54,864.61 $641,185.51 Sep 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 7 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 7 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 7 - OSP7+P 2a022OSP7+Premium10Ye 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 $502,442.19 $46,872.79 $549,314.98 Year 7 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 7 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 7 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 7 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 7 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 7 - Records 73891 RECORDS LICENSE, NON -SWORN 28 $0.00 $0.00 $0.00 Year 7 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.67 $6,026.33 $65,693.00 Year 7 - Axon ProLicense Pro License Bundle 37 $17,542.44 $1,771.79 $19,314.23 Year 7 - IR IR1CA Interview Room 1 Camera Advanced 4 $0.00 $0.00 $0.00 Year 7 - IR IR1CA Interview Room 1 Camera Advanced 4 $6,669.60 $193.70 $6,863.30 Total $586,320.90 $54,864.61 $641.185.51 Sep 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 8 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 8 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 8 - OSP7+13 Year 8 - OSP7+P Year 8 - OSP7+P Year 8 - OSP7+P 2a022OSP7+Premium10Ye 80374 80374 80395 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year EXT WARRANTY, TASER 7 BATTERY PACK EXT WARRANTY, TASER 7 BATTERY PACK EXT WARRANTY, TASER 7 HANDLE 166 192 7 163 $502,442.19 $0.00 $0.00 $0.00 $46,872.79 $0.00 $0.00 $0.00 $549,314.98 $0.00 $0.00 $0.00 Year 8 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 8 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 8 - Records 73891 RECORDS LICENSE, NON -SWORN 28 $0.00 $0.00 $0.00 Year 8 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.67 $6,026.33 $65,693.00 Year 8 -Axon ProLicense Pro License Bundle 37 $17,542.44 $1,771.79 $19,314.23 c 0 .y c m x w c 0 x Q t 3 c a) E a) a) L 0 a ti N N N O N O N r` O m R ti c N m a L w c 0 x Q E 0 4- a) 0 3 a 'E c w E t c� Y Y Q Page 6 Q-392881-44762. Packet Pg. 142 8.G.c Sep 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 8 - IR IR1CA Interview Room 1 Camera Advanced 4 $0.00 $0.00 $0.00 Year 8 - IR IR1CA Interview Room 1 Camera Advanced 4 $6,669.60 $193.70 $6,863.30 Total $586,320.90 $54,864.61 $641,185.51 Sep 2027 Invoice Plan mmd Item Description 0 a Qty Subtotal Tax Total Year 9 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 9 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 9 - OSP7+P 2a022OSP7+Premium10Ye 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 $502,442.19 $46,872.79 $549,314.98 Year 9 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 9 OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 9 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 9 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 9 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 9 - Records 73891 RECORDS LICENSE, NON -SWORN 28 $0.00 $0.00 $0.00 Year 9 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.67 $6,026.33 $65,693.00 Year 9 - Axon ProLicense Pro License Bundle 37 $17,542.44 $1,771.79 $19,314.23 Year 9 - IR IR1CA Interview Room 1 Camera Advanced 4 $0.00 $0.00 $0.00 Year 9 - IR IR1CA Interview Room 1 Camera Advanced 4 $6,669.60 $193.70 $6,863.30 Total $586,320.90 $54,864.61 $641,185.51 Sep 2028 Invoice Plan n=1 Item Description Qty Subtotal Tax Total Year 10 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 10 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 10 - OSP7+P 2a022OSP7+Premium10Ye 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 $502,441.98 $46,872.79 $549,314.77 Year 10 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 10 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 10 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 10 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 10 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 10 - Records 73891 RECORDS LICENSE, NON -SWORN 28 $0.00 $0.00 $0.00 Year 10 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.65 $6,026.33 $65,692.98 Year 10 - Axon ProLicense Pro License Bundle 37 $17,542.57 $1,771.80 $19,314.37 Year 10 - IR IR1CA Interview Room 1 Camera Advanced 4 $0.00 $0.00 $0.00 Year 10 - IR IR1CA Interview Room 1 Camera Advanced 4 $6,669.60 $193.70 $6,863.30 Total $586,320.80 $54,864.62 $641,185.42 Page 7 Q-392881.44762. Packet Pg. 143 8.G.c Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Master Services and Purchasing Agreement: ACEIP Axon Enterprise Inc. Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de -identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. N N O N O N ti O y •L Q. L w r_ 0 x Q E 0 L 4- 0 V r E :.i Q Page 8 Q-392881.44762. Packet Pg. 144 8.G.c Exceptions to Standard Terms and Conditions Kent PD eligible for next iteration of Taser product line which is encompassing of all deliveries for duration of contract for hardware and services. Exceptions to Standard Terms and Conditions Agency has existing contract 00022378 (originated via Q-208651) and is terminating that contract upon the new license start date (10/1/2022) of this quote Signature 7/20/2022 Date Signed Page 9 Q-392881-44762. Packet Pg. 145 8.G.c LO N M N N Co N O N ti O r R V C y N Q L C W r_ 0 x Q E 0 L 4- 0 V r E :.i Q Page 10 Q-392881.44762. Packet Pg. 146 KENT WASHING- N Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Eric Hemmerslj�e� Department: police �o Date Sent. June 19, 2019 Date Required: June 21, 2019 c Authorized Director or Designee Date of Ck, to Sign: Council June 18, 2019 19 ✓ Mayor Approval: Budget Grant? Yes ❑✓ No Account 16412258 Number. Type: N/A Vendor Name: AXON Enterprises INC or Cate g y: Contract c Vendor 41276 Sub -Category O Number: a E Project Body Worn Camera Initiative Name: O C Project Details: 5 year contract for BWC equipment and cloud storage. c d Agreement $1633680.62 Basis for Selection of Direct Negotiation d V Amount: rn Contractor. a Start Date: July 1, 2019 Termination Date: June 30, 2024 Notice required prior to Yes No Contract Number: cwi zo l � — I y disclosure? Date Received by City Attorney: Comme rPIECEIV ED at 3 O DC N KENT LAW DEPT. REGEIVED Date Routed to the Mayor's Office: 71 �(1 t cc- 3: '� Date Routed o the City Clerk's Offic �/Z/// 9 c�i�4D Date Sent to Originator: Office of the Mayor tr 2 I i `I '' �k° CWywl oylu ll Visit Documents.KentWA.gov to obtain copies of all agreements in adccW22373_6_19 Packet Pg. 147 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXONMaster Services and Purchasing Agreement L O This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc., a Delaware corporation ("Axon"), and Kent Police Department ("Agency"). This Agreement is effective as of the last signature date on this Agreement ("Effective Date"). Axon and Agency are each a "Party" and collectively "Parties". r This Agreement sets forth the terms and conditions for the purchase, delivery, use, and support of Axon Products and Services as detailed in Quote # Q-208651-43627.959CN (the Quote), which is hereby incorporated by reference. It is the intent of the parties that this Agreement contains the complete and exclusive statement of the agreement between the Parties relating to the matters referenced herein and replaces any prior oral or written representations or communications between the parties. In consideration of this Agreement, the Parties agree as follows: Term. The term of this Agreement shall commence upon the Effective Date and shall continue for a term of five (5) years, unless terminated earlier as provided in section 15 of this Agreement. The Agency may, at its option, extend this Agreement for subsequent five (5) year terms, by providing written notice of its intent to renew at least thirty (30) days prior to the expiration of the current term. Axon services will not be authorized until a signed Quote or Purchase Order is accepted by Axon, whichever is first. Axon Evidence Subscription Term: The Axon Evidence subscription begins after shipment of the Axon body -worn cameras. If Axon ships the body -worn cameras in the first half of the month, the start date is the 1st of the following month. If Axon ships the body -worn cameras in the second half of the month, the start date is the 15th of the following month. For phased deployments, the start date begins on shipment of the first phase. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. Definitions. "Axon Evidence" means Evidence.com and other software, maintenance, storage, and any product or service provided by Axon under this Agreement for use with Axon Evidence. This excludes third -party applications and my.evidence.com. "Products" means all hardware, software, cloud -based services, and software maintenance releases and updates provided by Axon under this Agreement. "Quote" means an offer to sell and is only valid for products and services on the quote at the specified prices. Any terms within Agency's purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. "Services" means all services provided by Axon pursuant to this Agreement. 3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment obligations are non -cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys' fees. 4 Taxes. Agency is responsible for sales and other taxes associated with the order, unless Agency provides Axon a valid tax exemption certificate. i Shipping. Axon may make partial shipments and ship Products from multiple locations. All shipments are FOB Destination via common carrier and title and risk of loss pass to the Agency upon delivery to the Agency. The Agency is responsible for any shipping charges on the Quote. The Agency may reject Products that do not match the Products listed in I.he Quote, are damaged, or non-functional upon receipt by Thl.: M.br 5-1—.M Pu hWl g Ag--.t b.n Anon and Aq. y D.p rtm..t: S.IWC.N. S—k. V=n 6.0 ReW— Dets: 11mmis Page 1 of 24 Packet Pg. 148 DocuSign Envelope ID: 256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl 8.G.d {AXON Master Services and Purchasing Agreement providing Axon written notice of rejection within 10 days of shipment day rejection period will be deemed as acceptance of Product. Failure to notify Axon within the 10 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7 Warranty. 7.1 Hardware Limited Warranty, Axon warrants its law enforcement hardware is free from defects in workmanship and materials for 1 year from the date of Agency's receipt, except for Signal Sidearm, which Axon warrants for 30 months from the date of Agency's receipt. Axon warrants its accessories for 90-days from date of Agency's receipt. Expended conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from expiration of the 1-year hardware limited warranty through the extended warranty term. Non -Axon manufactured products are not covered by Axon's warranty. Agency should contact the manufacturer for support of non - Axon manufactured products. 7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured product during the warranty term, Axon's sole responsibility is to repair or replace the product with the same or like product, at Axon's option. A replacement product will be new or like new and have the remaining warranty of the original product or 90 days from the date of repair or replacement, whichever is longer. When Agency exchanges a product or part, the replacement item becomes Agency's property and the replaced item becomes Axon's property. For support and warranty service visit www.axorti.COIYI sut)t)O t. Before delivering a product for service, Agency must upload product data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained on the storage media or any part of the product. 7.3 Limitations. Axon's warranty excludes damage related to: (a) failure to follow Product use instructions; (b) Products used with products not manufactured or recommended by Axon; (c) abuse, misuse, intentional, or deliberate damage to the Product; (d) force majeure; (e) Products repaired or modified by persons other than Axon without Axon's written permission; or (f) Products with a defaced or removed serial number. 7.3.1 Axon's cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Product will not exceed $5,000,000. Neither Party will be liable for direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or any other legal theory. Product Warnings. See www.axon,com/legal for the most current Axon product warnings. 9 Design Changes. Axon may make design changes to any Axon product or service without notifying Agency or making the same change to products and services previously purchased by Agency. 10 Insurance. Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance Upon request, Axon will supply certificates of insurance. 11 Indemnification. Axon will indemnify Agency's officers, directors, and employees ("Agency Indemnitees") from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a third Thlo: Nasiar SaMeea and Purchasing Agreement bemoan Axon and Agency Deparanenl: Sal"e"slomar SaMce Page 2 of 24 Version: 6.0 Helene Dore 1118mie Packet Pg. 149 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d {,AXON Master Services and Purchasing Agreement party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under or related to this Agreement, except to the extent of negligent acts, omissions or willful misconduct by Agency. 12 IP Rights. Axon owns and reserves all right, title, and interest in Axon products and services, related software, and suggestions to Axon. Axon has and claims proprietary rights in the hardware, firmware, software, and integration of ancillary materials, knowledge, and designs constituting Axon products and services. Agency will not directly or indirectly cause any Axon proprietary rights to be violated. 13 IP Indemnification. Axon will indemnify Agency Indemnitees from and against all claims, damages, losses, liabilities, reasonable costs and expenses arising out of or relating to any third -party claim alleging that use of Axon Products or services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. Agency must provide Axon with prompt written notice of such a claim, tender to Axon the defense or settlement of such a claim at Axon's expense, and cooperate fully with Axon in the defense or settlement of such a claim. Axon has no liability to Agency or any third party to the extent any alleged infringement or infringement claim is based upon: (a) modification of Axon Evidence by Agency or any third party not approved by Axon; (b) use of Axon Evidence in connection or in combination with hardware or services not approved or recommended by Axon; (c) use of Axon Evidence other than as permitted under this Agreement; or (d) use of other than the most current release or version of any software provided by Axon as part of or in connection with Axon Evidence. 14 Agency Responsibilities. Agency is responsible for (a) its use of Axon Products; (b) breach of this Agreement or violation of applicable law by Agency or any Agency end user; and (c) a dispute between Agency and a third party over Agency use of Axon Products. 15 Termination. 15.1 For Convenience. Agency may terminate this Agreement without cause upon thirty (30) days written notice prior to the effective date of such termination. In the event that the Agency terminates this Agreement, Axon will issue a refund of any prepaid amounts on a prorated basis from the date of notice of termination. 15.2 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon's material breach, Axon will refund prepaid amounts on a prorated basis based on the date of notice of termination. 15.3 By Agency. The Agency is obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the then current fiscal year. In the event that sufficient funds will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement, this Agreement may be terminated by the Agency. The Agency agrees to deliver notice of termination under this Section at least 90 days prior to the end of the then current fiscal year. 15.4 For Legal Reasons. For Legal Reasons, by either Party in the event the Agency's use of Axon products is rendered unlawful or impractical pursuant to applicable state or federal law and after the exhaustion of all reasonable legal action by the Agency and Axon seeking to overturn the court Thl.: Mmer Ssml a end Purcbuing Agre "nl ber wn Aron end Apen.7 oeperonem: S.Ie.Icuda 5-1ce Venbn: i.8 Release Date: 1W2018 Page 3 of 24 Packet Pg. 150 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d {.AXON Master Services and Purchasing Agreement order or state or federal legislation that rendered the use of the products unlawful or impractical; provided, Agency shall have no obligation to take action seeking changes to federal or state legislation or rules. The Agency shall have no obligation to pay Axon a fee for any period when it is unlawful or impractical to use Axon products, unless a Court places a stay of implementation on the legal action or new law. The term of the Agreement shall be suspended during the period in which the Agency is not obligated to pay Axon and such time period shall be added to the term of the Agreement in the event, through legal action, or legislative action taken within 365 days of the passage of the original legislation which rendered it unlawful or impractical, it becomes lawful or practical to use. For the purposes of this section, "impractical" includes the inability of the Agency to use evidence obtained through Axon products in court or an instance in which court or legislative action makes the use of the product and services provided in this Agreement less than cost neutral for the Agency after taking into consideration the total cost to the Agency of utilizing the services of Axon. 15.5 Effect of Termination. Upon any termination of this Agreement: (a) all Agency rights under this Agreement immediately terminate, with the following exceptions: Warranty, Evidence.com, Data storage, Product Warnings, Indemnification, IP Rights, and Agency Responsibilities will continue to apply in accordance with their terms; (b) the Agency remains responsible for all fees incurred prior to the date of termination. If the Agency purchases Products for a value less than MSRP and this Agreement is terminated before the end of the term for a reason other than due to Axon's failure to cure a material breach or default then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid for; or (b) only in the case of termination for non -appropriations, return the Products to Axon within 30 days of the date of termination. In general, the MSRP value is paid for products received on a prorated basis for the duration of the 5-year contract at a rate of approximately 20% per year. If terminating for non - appropriations, Agency may return Products to Axon within 30 days of termination. 15.6 After Termination. Axon will not delete Agency Content for 90-days following termination. During these 90-days, Agency may retrieve Agency Content only if Agency has paid all amounts due. There will be no functionality of Axon Evidence during these 90-days other than the ability to retrieve Agency Content. The Agency will not incur additional fees if Agency Content is downloaded from Axon Evidence during this 90-day period. Axon has no obligation to maintain or provide any Agency Content after this 90-day period and will thereafter, unless legally prohibited, delete all Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Evidence. 15.7 Post -Termination Assistance. Axon will provide Agency with the same post -termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon's Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16 Confidentialiit. Axon recognizes Agency is subject to the requirements of the Washington Public Records Act (Ch. 42.56 RCW). No information given by Axon to Agency will be of a confidential nature, unless specifically designated in writing as proprietary and confidential by Axon. However, nothing in this section shall be construed contrary to the terms of the Public Records Act or similar laws, insofar as they may be applicable, Tllle: Merle, S-1— end Perchednp ApraemeM bwtww Axon end Ap .V DepenmenC SeleYCiat mer SONICe V6.0 R:=lee.e. De1e: 1116/!01! Page 4 of 24 Packet Pg. 151 DocuSign Envelope ID: 256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl 8.G.d AXON Master Services and Purchasing Agreement 17 General. 17.1 Delays. Axon will use commercially reasonable efforts to deliver Products and services as soon as practicable. If delivery is interrupted due to causes beyond Axon's control, Axon may delay or terminate the delivery with reasonable notice. 17.2 Force Majeure. Neither Party will be liable for any delay or failure to perform under this Agreement due to a cause beyond the Parties' reasonable control, including acts of God, labor disputes, industrial disturbances, utility failures, earthquake, storms, elements of nature, blockages, embargoes, riots, acts or orders of government, terrorism, or war. 17.3 Independent Contractors. The Parties are independent contractors. Neither Party has authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 17.4 Third -Party Beneficiaries. There are no third -party beneficiaries under this Agreement. 17.5 Non -Discrimination. Neither Party nor its employees will discriminate against any person based on: race; religion; creed; color, sex, gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 17.6 Export Compliance. Each Party will comply with all import and export control laws and regulations. 17.7 Assignment. Neither Party may assign this Agreement without the other Party's prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 17.8 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 17.9 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 17.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 17.11 Notices. All notices must be in English. Notices posted on Agency's Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices: Axon: Axon Enterprise, Inc. Scottsdale, Arizona 85255 Attn: Contracts contracts@axon.com 17800 N.85th Street Tide: Meeter Services and PereheNng Aproement helween Ann end Agency D.pera—ft S.I.Kwlomer 5-1ce Vemi— 6.0 Release We: 111WHIS Page 5 of 24 Packet Pg. 152 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXON Agency: Attn: Master Services and Purchasing Agreement City, State, Zip Email Street Address 17.12 Entire Agreement. This Agreement, including the Appendices, represent the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each representative identified below declares that the representative is authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc. DocuSigned by: Signature: Rober 5D�ri sco'11 Name: Title: Date: VP, ASSOC. General Counsel 6/25/2019 1 2:38 PM MST Kent Police Department �. Signature Name: Do"fla, (�d44 oV 1 j Title: ^-A Date: TWO: Nrur 5--- —d Porch WnY Ayr"MrA bsc~ Anon wW AgsM Deparbnmft SnINCuvw� Sorvlce Vanbn: {4 N.h.r DMc 11M S Page 6 of 24 Packet Pg. 153 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXONMaster Services and Purchasing Agreement Axon Evidence Terms of Use Appendix 1 Agency Content. "Agency Content" means software, data, text, audio, video, images or any content Agency end users (a) run on Axon Evidence; (b) cause to interface with Axon Evidence; or (c) upload to Axon Evidence under Agency account or otherwise transfer, process, use or store in connection with Agency account. 2 Access Rights. Upon Axon granting Agency an Axon Evidence subscription, Agency may access and use Axon Evidence to store and manage Agency Content during the Axon Evidence Subscription Term. Agency may not exceed more end users than the Quote specifies. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and mange TASER CEW and TASER CAM data ("TASER Data") during the Axon Evidence Subscription Term. Agency may upload non-TASER Data to Axon Evidence Light. 3 Aged Owns Agency Content. The Agency controls and owns all right, title, and interest in Agency Content and Axon obtains no rights to the Agency Content and the Agency Content are not business records of Axon. The Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will have limited access to Agency Content solely for providing and supporting Axon Evidence to Agency and Agency end users. 4 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program (ISP) that includes logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. FBI CIS Security Addendum. Axon agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CIS) Security Addendum for the Term of this Agreement. 5 Updates. For Android applications, including Axon View, Device Manager, and Capture, Axon will use reasonable efforts to support previous version of applications for 45 days. If Agency does not update their Android application to the most current version within 45 days of release, Axon may disable the application or force updates to the non -supported application, 6 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Content; (c) ensuring no Agency Content or Agency end user's use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and (d) maintaining necessary computer equipment and Internet connections for use of Axon Evidence. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user's access to Axon Evidence. Agency is also responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Audit log tracking for video data is an automatic feature of Axon Evidence that details who accesses Agency Content. Agency may download the audit log al any time. Agency shall contact Axon immediately if an unauthorized third party may be using Agency's account or TMI.; M.O., So kv end Purt .W p Apra W.— Ax- ud Ag my Page 7 of 24 DepaMrenl tiak.•n:ugnnu.i Sarvrcn Venlan: 6.0 P.1— o.n: 111WMe Packet Pg. 154 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXON Master Services and Purchasing Agreement Agency Content, or if account information is lost or stolen. 7 Privacy. Axon will not disclose Agency Content or information about Agency except as compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request for Agency Content, Axon will give Agency immediate notice so Agency may file an objection with the court or administrative body. Agency agrees to allow Axon access to certain information from Agency to: (a) perform troubleshooting services upon request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing the use of Axon Evidence; or (c) perform analytic and diagnostic evaluations of the systems. 8 Storage. For Unlimited Axon Evidence body -worn camera subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or an Axon body -worn camera. Axon may charge additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. 9 Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Evidence remains within the United States. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may suspend Agency's or any end user's right to access or use any portion or all of Axon Evidence immediately upon notice, if: 10.1. The Termination provisions of this Agreement apply; or 10.2. Agency or end user's use of or registration for Axon Evidence may (a) pose a security risk to Axon Evidence or any third party; (b) adversely impact Axon Evidence, the systems, or content of any other customer, (c) subject Axon, Axon's affiliates, or any third party to liability; or (d) be fraudulent. 10.3. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. it Axon Evidence Warranty. Axon warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Evidence. 12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence; 12.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any process to derive any source code included in Axon Evidence, or allow others to do the same; 12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in this Agreement; This: Wow Serer and Purehrin0 AOreem-1 boNueen Aeon and Agony Page 8 of 24 0eparlmealo SaMUCu110awr Sarvke Vendor: 6.0 Wlear Oata: 11AW010 Packet Pg. 155 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXON Ma ster ter Services and Purchasing Agreement 10 0 0 12.5. access Axon Evidence to build a competitive product or service or copy any features, functions, or graphics of Axon Evidence; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Evidence; or 12.7. use Axon Evidence to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third party privacy rights; or to store or transmit malicious code. 13 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Evidence on behalf of U.S. Federal department, Axon Evidence is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Evidence on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Evidence. 14 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Content, Storage, Axon Evidence Warranty, and Axon Evidence Restrictions. 1hle: M.Mr Senkee and PMhoWnp Apreemen halween Aron end Appnry Page 9 of 24 Do pane": S.k"intaner S.M. Vender: 6.0 A.*— 0ea: 11MMIS Packet Pg. 156 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXON M h Master Services and Purchasing Agreement L 0 Professional Services Appendix w 1 Utilization of Services. Agency must use pre -paid professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date. Body -Worn Camera Full Service (BWC Full Service). BWC Full Service includes 4 consecutive days of on -site service and a professional services manager to work with Agency to assess Agency's deployment and determine which on -site services are appropriate. If Agency requires more than 4 consecutive on - site days, additional days are $2,500per day. BWC Full Service options include: System set up and configuration • Setup Axon View on smart phones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain • Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access • One on -site session included Dock configuration • Work with Agency to decide ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On -site assistance, not to include physical mounting of docks Best practice implementation planning session Provide considerations for establishment of video policy and system operations best practices based on Axon's observations with other agencies Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management Provide referrals of other agencies using the Axon camera products and Axon Evidence Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Agency's in-house instructors who can support Agency's Axon camera and Axon Evidence training needs after Axon has fulfilled its contracted on -site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies End user go live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go live review 3 Body -Worn Camera 1-Day Service (BWC 1-Day). BWC 1-Day includes one day of on -site services and a professional services manager to work closely with Agency to assess Agency's deployment and determine which services are appropriate. If Agency requires more than 1 day of on -site services, additional on -site assistance is $2,500 per day. The BWC 1-Day options include: TNIo: Mmer Sar m and Purdraing Apreamanl belwean Axon and Agenry Page 10 of 24 Dep —1, SsIaYCunomer Service VerMon: i.0 R.I.. a Defe: 111"18 Packet Pg. 157 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXONMaster Services and Purchasing Agreement System set up and configuration (Remote Support) • Setup Axon Mobile on smart phones (if applicable) • Configure categories & custom roles based on Agency need • Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access Dock configuration • Work with Agency to decide ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using "Administrator" credentials from Agency • Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for Agency's in-house instructors who can support Agency's Axon camera and Axon Evidence training needs after Axon's has fulfilled its contracted on -site obligations End user go live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide 4 Body -Worn Camera Virtual 1-Day Service (BWC Virtual). BWC Virtual includes all items in the BWC 1-Day Service Package, except one day of on -site services. CEW Services Package are detailed below: System set up and configuration • Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On -site assistance included • For the CEW 1-Day Service Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the Product rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4-6 weeks prior to rollout Best practice implementation planning session to: Provide considerations for establishment of CEW policy and system operations best practices based on Axon's observations with other agencies • Discuss importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEW Products and Axon Evidence • For the CEW Full Service Package: On -site assistance included • For the CEW 1-Day Service Package: Virtual assistance included System Admin and troubleshooting training sessions On -site sessions providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories &retention, and other specific settings for Axon Evidence Axon Evidence Instructor training Provide training on the Axon Evidence with the goal of educating instructors who can support Agency's subsequent Axon Evidence training needs. THW WNW Sw kr rrnd PWcbalnp Agr".W bet~ Aron snd Ap my NparUm,t; S.NWC.O.— Sa ka VeWon: 6.0 R= Oeb: 11MM16 Page 11 ur 24 Packet Pg. 158 DocuSign Envelope ID: 256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl 8.G.d AXON Master Services and Purchasing Agreement For the CEW Full Service Package: Training for up to 3 individuals at Agency For the CEW 1-Day Service Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment Axon's on -site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go live review For the CEW Full Service Package: On -site assistance included. For the CEW 1-Day Service Package: Virtual assistance included. Smart Weapon Transition Service. The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon's on -site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart__W_eapon models. Return of Old Weapons Axon's on -site professional service team will ship all old weapons back to Axon's headquarters. Axon will provide Agency with a Certificate of Destruction 7 Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on -site services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. Installation includes: Removal of existing connection screws that affix a holster to a holster mount Properplacement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed upon installation date(s). 8 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 9 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on -site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use, and will provide an initial itemized list to Agency. Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. Me: McMerSenlcwand PurcAeelnVApreemenrbetween Axon and Agency Page 12of24 Depanmem S.IWCuMoewr Service Verb.: 6,0 Nii:u 4.11, 1114✓ble Packet Pg. 159 DocuSign Envelope ID: 256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl 8.G.d AXONMast vicesPurchasingA n er Ser and Agreement 11 Site Preparation. Axon will provide one copy of current user documentation for the Products in paper or electronic form ("Product User Documentation"). Product User Documentation will include all required environmental specifications in order for the professional services and related Products to operate in accordance with Product User Documentation. Prior to the installation of Product (whether performed by Agency or Axon), Agency must prepare the location(s) where the Products are to be installed ('Installation Site") in accordance with the environmental specifications in Product User Documentation. Following install, Agency must maintain the Installation Site in accordance with the environmental specifications. If Axon modifies Product User Documentation for any Products under this Agreement, Axon will provide the update to Agency when Axon generally releases it, 12 Acceptance. When Axon completes the professional services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion of professional services. If Agency reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and will re -present the Acceptance Form for approval and signature. If Axon does not receive the signed Acceptance Form or written notification of the reasons for rejection of within 7 calendar days of delivery of the Acceptance Form, Agency will be deemed to have accepted the professional services. 13 Agency Network. For work performed by Axon transiting or making use of Agency's network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency's network from any cause. TNIs: Mega SorvlcM and PurcAminp AprNmwN baMwn Anton and Apanry Page 13 of 24 Da Mn.ft S.1-a Cumo—Service venlnn: e.o F.1— ,.; IIA M18 Packet Pg. 160 DocuSign Envelope ID: 256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl 8.G.d AXON Master Services and Purchasing Agreement Technology Assurance Plan Appendix If Technology Assurance Plan ("TAP") or a bundle including TAP is on the Quote, this appendix applies. Term. TAP begins after shipment of the hardware covered under TAP. If Axon ships hardware in the first half of the month, TAP starts the 1st of the following month. If Axon ships hardware in the second half of the month, TAP starts the 15th of the following month. ("TAP Term"). TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year Hardware Limited Warranty. SRare Product. Axon will provide Agency a predetermined number of spare Products for hardware items and accessories listed in the Quote ("Spare Products"). Spare Products will replace broken or non-functioning units. If Agency utilizes a Spare Product, Agency must return to Axon, through Axon's warranty return process, any broken or non-functioning units. Axon will repair the non- functioning unit or replace with a replacement Product. Upon termination, Axon will invoice Agency the MSRP then in effect for all Spare Products provided under TAP. If Agency returns the Spare Products to Axon within 30 days of the Spare Product invoice date, Axon will issue a credit and apply it against the Spare Product invoice. 4 Officer Safety Plan Standard. The Officer Safety Plan Standard ("OSP Standard") includes Axon Evidence Unlimited, TAP for Axon body -worn camera and Axon Dock, one TASER X2 or X26P CEW with a 4-year extended warranty, one CEW battery, and one CEW holster. Agency must purchase OSP for 5 years ("OSP Term"). At any time during the OSP Term, Agency may choose to receive the X2 or X26P CEW, battery and holster by providing a $0 purchase order. Officer Safety Plan 7. Both the Officer Safety Plan 7 ("OSP 7") and Officer Safety Plan 7 Plus ("OSP 7 Plus") include Axon Evidence Unlimited, TAP for Axon body -worn camera and Axon Dock, one TASER 7 Certification Plan, Axon Records, and Axon Aware. OSP 7 Plus also includes Axon Aware Plus, Signal Sidearm, Auto -Tagging, Axon Performance, Axon Redaction Assistant, and Axon Citizen for Communities. Both OSP 7 offerings are subject to additional terms for services in their bundle. Agency must purchase an OSP 7 subscription for every TASER 7 CEW user. Agency must accept delivery of TASER 7 CEW and accessories as soon as available from Axon. Agency acknowledges some offerings in the OSP 7 bundles may not be generally available at the time of Agency's OSP 7 purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency's election not to utilize any portion of an OSP 7 bundle. OSP 7 Term. OSP 7 bundles begin after Axon ships the first Axon Body 3 or TASER 7 device to Agency. If Axon ships in the first half of the month, the start date is the 1st of the following month. If Axon ships in the second half of the month, the start date is the 15th of the following month. For phased deployments, each phase has its own start date and end date based on the first shipment of that phase, in accordance with the above. Each OSP 7 will run 5 years from the OSP 7 start date ("OSP 7 Term"), 7 TAP Body -Worn Upgrade. If Agency purchased 3 years of Axon Evidence Unlimited or TAP as a standalone and makes all payments, Axon will provide Agency a new Axon body -worn camera 3 years after TAP starts ("Body -Worn Upgrade"). If Agency purchases 5 years of Axon Evidence IIIlc U.", SeMcee ■nd Vu h. p AOrw .l between Axon and AVenry Page 14 of 24 Del;n nl: SeleUCuelomer Service Veulen: 8 0 Raleeee Dula: 11IM018 Packet Pg. 161 DocuSign Envelope ID: 256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl 8.G.d AXONMaster Services and Purchasing Agreement reement Unlimited, an OSP, or TAP as a standalone and makes all payments, Axon will provide Agency a Body -Worn Upgrade 2.5 and 5 years after TAP starts. Axon may ship the Body -Worn Upgrade at year 2.5 without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. In year 5, Axon may ship the Body -Worn Upgrade 60 days before the end of the TAP Term without prior confirmation from Agency. 7.1. TAP as a Stand-alone. If Agency purchased TAP as a standalone, Axon will provide a Body - Worn Upgrade that is the same or like product, at Axon's option. Axon makes no guarantee the Body -Worn Upgrade will utilize the same accessories or Axon Dock. If Agency wants to change product models for the Body -Worn Upgrade, Agency must pay the price difference between the MSRP of the offered Body -Worn Upgrade and the MSRP of the model Agency is acquiring. The MSRP will be the MSRP in effect at the time of the upgrade. Axon will not provide a refund if the MSRP of the new model is less than the MSRP of the offered Body - Worn Upgrade. 7.2. OSP or Unlimited TAP. If Agency purchased Axon Evidence Unlimited or an OSP, Agency may choose a new on -officer video camera of Agency's choice. 8 TAP Dock Upgrade, If Agency purchased TAP for Axon Dock, Axon Evidence Unlimited, or an OSP, Axon will upgrade the Axon Dock with a new Axon Dock ("Dock Upgrade"). If Agency purchased 3 years of Dock TAP, Axon will provide the Dock Upgrade 3 years after TAP starts. If Agency purchased 5 years of Dock TAP, Axon will provide a Dock Upgrade 2.5 and 5 years after TAP starts. The Dock Upgrade at year 2.5 will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for body camera compatibility. Axon may ship the Dock Upgrade at year 2.5 without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. In year 5, Axon may ship the Dock Upgrade 60 days before the end of the TAP Term without prior confirmation from Agency. If Agency originally purchased a single -bay Axon Dock, the Dock Upgrade will be a single -bay Axon Dock model that is the same or like product, at Axon's option. If Agency originally purchased a multi -bay Axon Dock, the Dock Upgrade will be a multi -bay Axon Dock model that is the same or like product, at Axon's option. If Agency would like to change product models for the Dock Upgrade or change the number of bays, Agency must pay the price difference between the MSRP for the offered Dock Upgrade and the MSRP for the model desired. The MSRP will be the MSRP in effect at the time of the upgrade. Axon will not provide a refund if the MSRP of the new model is less than the MSRP of the offered Dock Upgrade. Return of Original Product. If Axon provides a warranty replacement 6 months before the date of a Body -Worn Upgrade or Dock Upgrade, that replacement is the upgrade. Within 30 days of receiving a Body -Worn or Dock Upgrade, Agency must return the original Products to Axon or destroy the Products and provide a certificate of destruction to Axon including serial numbers for the destroyed Products. If Agency does not return or destroy the Products, Axon will deactivate the serial numbers for the Products received by Agency. 10 Termination. If Agency's payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Thle: Master Servkw and Pun:hwing Agreement heneeen Aaan and Agency Depertrrem: 5aleelCu.bme, 5—ke Vahan: 6.0 ,,encase Dare: 11MMIS Page 15 of 24 Packet Pg. 162 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXONMaster Services and Purchasing Agreement re ement Axon may terminate TAP or OSP, Once TAP or OSP terminates for any reason: 10.1. TAP and OSP coverage terminates as of the date of termination and no refunds will be given. Axon will not provide the free upgrades. 10.2. Agency make any missed payments due to the termination before Agency may purchase any future TAP or OSP. 10.3. If any OSP terminates before the end of the OSP term, for a reason other than due to Axon's failure to cure a material breach or default then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid for, or (b) only in the case of termination for non -appropriations, return the Products to Axon within 30 days of the date of termination. In general, the MSRP value is paid for products received on a prorated basis for the duration of the 5-year contract at a rate of approximately 20% per year. Me: Maw Sarvkw and Pwcba.lnp Apraamau bom**n Axon and Ap m D.porananC Sa"'Cualmer Sank" V.Won; id ROW. p.ar: 114019 Pays I(; or 2.1 Packet Pg. 163 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXONMaster Services and Purchasing Agreement TASER 7 Appendix This TASER 7 Appendix applies to Agency's TASER 7, OSP 7, or OSP 7 Plus purchase from Axon Term, If Agency purchases TASER 7 as part of OSP 7 or OSP 7 Plus, the start date for TASER 7 is the OSP 7 Term start date. Otherwise, the start date is based on initial shipment of TASER 7 hardware ("TASER 7 Start Date"). If Axon ships TASER 7 hardware in the first half of the month, the TASER 7 Start Date is the 1st of the following month. If Axon ships TASER 7 hardware in the last half of the month, the TASER 7 Start Date is the 15th of the following month. The TASER 7 term will end upon completion of the associated TASER 7 subscription in the Quote ("TASER 7 Term"). If the Quote has multiple TASER 7 ship dates, each shipment will have its own 60-month term, starting on the shipment of TASER 7 as described above. 2. Unlimited Duty Cartridge Plan. If the Quote includes "Unlimited Duty Cartridge Plan", Agency must purchase an Unlimited Duty Cartridge Plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty, and ones that only use a CEW for training. Agency may not resell cartridges received under any TASER 7 plan. Axon will only replace cartridges used in the line of duty. Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of Issuance, or the voucher will be void. During the TASER 7 Term, Axon will issue Agency a voucher annually beginning on the TASER 7 Start Date. The voucher has no cash value. Agency cannot exchange it for another product or service. If the Quote includes Axon Online Training or Virtual Reality Content (collectively, "Training Content"), Agency may access Training Content during the TASER 7 Term. Axon will deliver all Training Content electronically. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency's responsibility. 4. Extended Warranty. If the Quote includes a TASER 7 plan (TASER 7 Basic - Upfront Plus Subscription, TASER 7 Basic - Subscription, or TASER 7 Certification), extended warranty coverage is included for the TASER CEW, dock and core, and rechargeable battery as described in the Hardware Limited Warranty. TASER 7 plans extended warranty coverage begins on the TASER 7 Start Date and continues for the TASER 7 Term. If the Quote does not include a TASER 7 plan, Agency may purchase extended warranties to provide coverage. S. Spare Products. Axon may provide Agency a fixed number of spares for TASER 7 hardware in the Quote ("Spare Products"). Spare Products will replace non-functioning units. If Agency uses a Spare Product, Agency must return non-functioning units to Axon, and Axon will repair or replace the non- functioning unit. If Agency does not return Spare Products to Axon within 30 days of termination of this Agreement, Axon will invoice Agency the MSRP then in effect for all unreturned Spare Products, 6. Trade -In. If a trade-in discount is on the Quote, Agency must return used hardware and accessories associated with the discount ("Trade -In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade -In Units within the timeframe below, Axon will invoice Agency the value of the trade-in discount. Agency may not destroy Trade -In Units and receive a trade-in discount. Agency Size Days to Return from TASER 7 Start Date Less than 100 officers 130 days ihle: Master Services and Pumhaeing Agreement bNween Axon and Agency lZromm: Sa"'CtWomer Service Ve"Ina: 1.0 Heleaw De. 11IL7018 Page 17 of 24 Packet Pg. 164 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXONMaster Services and Purchasing Agreement 100 to 499 officers 90 c 500+ officers 180 7. Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency's TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 7.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. 7.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non -appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 7.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. �Nle. 41a.rui S—lcu. aid r'iuUur.inV AVroamad WM•a®n Axmr unU MWMt' Pace 18 of.14 Dapar6nN: Sd.:wt.ualwnor sura..0 R"W 0.1 11"11 Packet Pg. 165 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXON 0 Master Services and Purchasing Agreement -a 0 TASER 7 Axon Evidence Terms of Use Appendix 1 Subscription Term. The TASER 7 Axon Evidence Subscription Term begins on the TASER 7 or OSP 7 Start Date. 2 TASER 7 Agency Content. "TASER 7 Agency Content" means software, data, text, audio, video, images or other content any of Agency's end users (a) run on Axon Evidence; (b) cause to interface with Axon Evidence; or (c) upload to Axon Evidence under Agency account or otherwise transfer, process, use or store in connection with Agency account. 3 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Axon Evidence Subscription Term. Agency may not upload any non-TASER 7 data or any other files to Axon Evidence. Agency may not exceed the number of end users than the Quote specifies. 4 Agency Owns TASER 7 Agency Content. Agency controls and owns all right, title, and interest in and to TASER 7 Agency Content and except as otherwise outlined herein, Axon obtains no interest in Agency Content, and Agency Content are not business records of Axon. Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of TASER 7 Agency Content. Axon will have limited access to TASER 7 Agency Content solely for providing and supporting Axon Evidence to Agency and Agency end users. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content so Agency may file an objection with the court or administrative body. Agency acknowledges and agrees that Axon may access Agency Content in order to: (a) perform troubleshooting services upon request or as part of Axon's maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of Axon Evidence Services; (c) generate aggregated data, excluding information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, "PU"), to improve, analyze, support, and operate Axon's current and future products and services. 6 Axon Evidence Terms of Use Appendix. To the extent not in conflict with the terms in this Appendix, all terms in the Axon Evidence Terms of Use Appendix also apply to use of TASER 7 with Axon Evidence. Me: NaW Senrka sad Pumhaing ApnemwM bets . Axon snd Aeaory Page 19 of 24 Wperlmenf. SAWCu.4—Sml- Venlon: e.0 Nelesa Wb. Mamie Packet Pg. 166 DocuSign Envelope ID: 256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl 8.G.d AXONMaster Servi s n P r hasin m n 0 Services a d u c g Agree e t -a 0 Axon Auto -Tagging Appendix W Scone. Axon Auto -Tagging consists of development of an integration module to allow Axon Evidence to interact with Agency's Computer -Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to auto populate Axon video meta -data with a case ID, category, and location based on data maintained in Agency's CAD or RMS. Agency must purchase Axon Auto -Tagging for every Axon Evidence user in Agency, even if the user does not have an Axon body camera. 2 Support. After completing Auto -Tagging Services, Axon will provide up to 5 hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, so long as long as Agency maintains an Axon Evidence and Auto -Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS. Changes to Services. Axon is only responsible to perform the services in this Appendix. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 4 Agency Responsibiiities. Axon's performance of Auto -Tagging Services requires Agency: 4.1. Making available relevant systems, including Agency's current CAD or RMS, for assessment by Axon (including remote access if possible); 4.2. Making required modifications, upgrades or alterations to Agency's hardware, facilities, systems and networks related to Axon's performance of Auto -Tagging Services; 4.3. Providing access to the premises where Axon is performing Auto -Tagging Services, subject to Agency safety and security restrictions, and allowing Axon to enter and exit the premises with laptops and materials needed to perform Auto -Tagging Services; 4.4. Providing all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto -Tagging Services; 4.5. Promptly installing and implementing any and all software updates provided by Axon; 4.6. Ensuring that all appropriate data backups are performed; 4.7. Providing assistance, participation, and approvals in testing Auto -Tagging Services; 4.8. Providing Axon with remote access to Agency's Axon Evidence account when required; 4.9. Notifying Axon of any network or machine maintenance that may impact the performance of the integration module at Agency; and 4.10. Ensuring reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 5 Access tQ Systems, Agency authorizes Axon to access Agency's relevant computers, network systems, and CAD or RMS solely for performing Auto -Tagging Services. Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use, and will provide an initial list to Agency. Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. TWO: Y66Nr SSIVIGM 61W Purch66419 Apr6w 111 between Axon nW AVancy Page 20 of 24 D.p.d—ft S.W./Cugamrrr S.M.. V-4— 6.D R.I.— D.I.; 11AVM16 Packet Pg. 167 DocuSign Envelope ID: 256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl 8.G.d AXON Master Services and Purchasing Agreement Axon Aware Appendix This Axon Aware Appendix applies to both Axon Aware and Axon Aware Plus. Axon Aware Plus also includes Axon Aware, Axon Aware Subscription Term. If Agency purchases Axon Aware as part of a bundled offering, the Axon Aware subscription begins on the later of: (1) the start date of that bundled offering, or (2) the date Axon provisions Axon Aware to Agency. If Agency purchases Axon Aware as a standalone, the Axon Aware subscription begins the later of: (1) the date Axon provisions Axon Aware to Agency, or (2) the first day of the month following the Effective Date. The Axon Aware subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Aware. LTE Requirements. Axon Aware is only available and usable with an LTE enabled body -worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon's choice to provide LTE service. Axon may change LTE carriers during the Term without Agency' consent. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Aware, or for bundles that include Axon Aware, Axon will end LTE service, TMI.; M".r 50rvkw .n0 P—h-1.9 AV-..M b.t~ Axon -d Aq. y Wp.M-1: 5.1..KU001110r S—k. V_10 1.0 N.1. 0.,.: 111UM1E Page 21 of 24 Packet Pg. 168 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXONMaster Services and Purchasing Agreement s g Axon Records Appendix Axon Records Subscription Term. If Agency purchases Axon Records as part of a bundled offering, the Axon Records subscription begins on the later of: (1) the start date of that bundled offering, or (2) the date Axon provisions Axon Records to Agency. If Agency purchases Axon Records as a standalone, the Axon Records subscription begins the later of (1) the date Axon provisions Axon Records to Agency or (2) the first day of the month following the Effective Date. The Axon Records subscription term will end upon the completion of the Axon Records subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon completion of the OSP 7 Term ("Axon Records Subscription"). 2 Agency Records Content. "Agency Records Content" means software, data, text, audio, video, images or any content Agency end users (a) run on Axon Records (b) cause to interface with Axon Records, or (c) upload to Axon Records under Agency account or otherwise transfer, process, use or store in connection with Agency account. Access Rights. Upon Axon granting Agency an Axon Records subscription, Agency may access and use Axon Records to store and manage Agency Records Content during the Records Subscription Term. Agency may not exceed the number of end users than the Quote specifies. 4 Axon Records Core. Axon Records Core includes the following applications: Report Writer, NIBRS Incident Reporting, Axon Evidence Integration, Case Management, Civil & Protection Orders (early 2020), Physical Property, Information Exchange Access, APIs. Additional applications, as well as any Axon services needed to configure Axon Records, are not included in the Axon Records Core fee or any bundle that includes Axon Records Core. Agency Owns Agency Records Content. Agency controls and owns all right, title, and interest in Agency Records Content. Except as outlined herein, Axon obtains no interest in Agency Records Content, and Agency Records Content are not business records of Axon. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Records Content. Axon will have limited access to Agency Records Content solely for providing and supporting Axon Records to Agency and Agency end users. 6 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Records Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital records; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 7 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Records Content and no Agency Records Content or Agency end user's use of Agency Records Content or Axon Records violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for Tllle: Yawer S—kee and Pwchaekp Agreement between Axon and Apency Page 22 of 24 Dep.rorrem: S.I.WC.Mrnar S—k. VerW.n: 6.0 R on- Bar.; 1VOM16 Packet Pg. 169 DocuSign Envelope ID: 256DC69E-Cl1C-4E02-8ACB-C1FF45782BE1 8.G.d AXONMaster Services and Purchasing Agreement reement use of Axon Records. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user's access to Axon Records. Agency is also responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Records Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Audit log tracking for video data is an automatic feature of Axon Records that details who accesses Agency Records Content. Agency may download the audit log at any time. Agency shall contact Axon immediately if an unauthorized third party may be using Agency's account or Agency Records Content or if account information is lost or stolen. 8 Privacy. Axon will not disclose Agency Records Content or information about Agency except as compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request for Agency Records Content, Axon will give Agency notice so Agency may file an objection with the court or administrative body. Agency agrees to allow Axon access to certain information from Agency to: (a) perform troubleshooting services upon request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing the use of Axon Records; or (c) perform analytic and diagnostic evaluations of the systems. Agency hereby grants Axon an irrevocable, worldwide, royalty -free license to use Agency Content to enable Axon to create derivative works of 'scrubbed' Agency Content (collectively, "Derivative Data"). Axon may use Derivative Data to provide services to Agency, or to operate, maintain, improve, or create new products and services. Notwithstanding the foregoing and except as provided in this Agreement, Axon shall not disclose Agency Content or Derivative Data containing PII to any third party, and it will exercise commercially reasonable efforts to limit PII in Derivative Data, including, without limitation, encrypting Derivative Data in transit and stripping PII from metadata. 9 Location of Data Storage. Axon may transfer Agency Records Content to third party subcontractors for storage. Axon will determine the locations of data centers where Agency Records Content will be stored. For United States agencies, Axon will ensure all Agency Records Content stored in Axon Records remains within the United States. Ownership of Agency Records Content remains with Agency. 10 Suspension. Axon may suspend Agency's or any end user's right to access or use any portion or all of Axon Records immediately upon notice, if: 10.1. The Termination provisions of this Agreement apply; or 10.2. Agency or end user's use of or registration for Axon Records may (a) pose a security risk to Axon Evidence or any third party, (b) adversely impact Axon Records, the systems, or content of any other customer, (c) subject Axon, Axon's affiliates, or any third party to liability, or (d) be fraudulent. Agency remains responsible for all fees and charges incurred through suspension. Axon will not delete Agency Records Content because of suspension, except as specified in this Agreement. 11 Axon Records Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Records. No; 4eeler SoMm and Pumhwing Agreement bet— A— and Agency Page 13 of 2.1 Deperl —1: S.hWC.9—r =,. Venlon, S,0 R.I. a Date: 11AIM10 Packet Pg. 170 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d AXONMaster Services and Purchasing Agreement 12 Axon Records Restrictions. All Axon Records subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Records; 12.2. reverse engineer, disassemble, or decompile Axon Records or apply any other process to derive any source code included in Axon Records, or allow any others to do the same; 12.3. access or use Axon Records with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Axon Records, except as expressly permitted in this Agreement; 12.5. access Axon Records to build a competitive product or service or copy any features, functions, or graphics of Axon Records; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Records; or 12.7. use Axon Records to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third party privacy rights, or to store or transmit malicious code. 13 After Termination. Axon will not delete Agency Records Content for 90-days following termination. During these 90-days, Agency may retrieve Agency Records Content only if Agency has paid all amounts due. There will be no functionality of Axon Records during these 90-days other than the ability to retrieve Agency Records Content. Agency will not incur additional fees if Agency downloads Agency Records Content from Axon Records during this time. Axon has no obligation to maintain or provide any Agency Records Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Records Content stored in Axon Records. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Records Content from Axon Records. 14 Post -Termination Assistance. Axon will provide Agency with the same post -termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Records Content, including requests for Axon's Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Records on behalf of U.S. Federal department, Axon Records is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Records on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Records. 16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Records Content, Storage, Axon Records Warranty, and Axon Records Restrictions. 101e: Maecer Sannae and Functioning Agreamanl between Axon and Agency Dopenmm ent: SolvalCunear Service We=: 0.0 galaeee Dace: 11012010 Page 24 of 24 Packet Pg. 171 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d Page 1 of 7 Packet Pg. 172 DocuSign Envelope ID: 256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl 8.G.d MIGRATION OVERVIEW CUSTOMEA NAME Kent Police Deparment Str"CAUr w cur. 220 41" Avenue South Kent STATE at COut"PY I1p coM WA 98032 AGENCY CONTACT (NAME). AGENCY CONTACT EMAJUPNONEI, AGENCY AWN GEMS. "ON EVIDENCE URi Evidence.Com Channel Services Summary Total Data Sn Customer Data Source VerOc Data Types Multiple, Including proprietary/non-standard coders Details kxon will perform the migration of data remotely In accordance with Statement of Work below. CHANNEL SERVICE DETAILS The following sections detail the channel services to be provided Data Details 2.5 Terabytes of digital data will be imported in Axon Evidence Total Data Evidence Audit Trails a Will be ingested from VeriPic database ustomer will work with Axon to mutually determine and agree on appropriate Axon Evidence fields to map this metadata. This can be described in the metadata mapping matrix. Metadata "as Service Page 2 of 7 Packet Pg. 173 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d Axon will facilitate the one-time migration of evidence data indicated in the data details Channel Service section of this document to customer's Axon Evidence instance for storage and management. Playback of assets migrated is not necessarily supported in Axon Evidence, this can be verified prior to initiation of services by ingesting a sample of each file type into Axon Evidence. Preliminary Work An Axon Field Engineer (AFE) will develop the migration software, The AFE will remotely install and run the software on customer's network to facilitate the migration directly to your Axon Evidence instance. Evidence will be encrypted during transfer and securely hashed to verify completion and authenticity of migrated evidence. At the completion of the channel services, Axon will notify customer and provide verific reports. These reports include hash comparisons for authenticating the data migrated. When customer has verified migration of all requested data, customer may uninstall migration software and delete the legacy data in accordance with your policies. Prior to the start of the project: ■ Customer will cease ingestion of new data into legacy system. ■ Customer must facilitate an export of assets from legacy system back to their original format (i.e..jpg). ■ Customer will create a backup of this database. Database copy must have a matching name to map it to the exported assets (i.e. filename) ■ Customer will create API clients via Axon Evidence administrative interface with documentation and support from Axon Project Manager ■ Customer will create or designate sample files to test the migration tool. Sample files should be from the same source as evidence being migrated. ■ Customer will securely share API client outputs, database copy, and sample files via an access controlled Sharepoint folder, OneDrive folder, or a customer provided tool. to the database is solely for the purposes of the Axon Field engineer to the data structure, develop, and test the migration software. OTE: Customer may also provide secure network access through a Zoom ieeting or customer provided VPN to the copy of the database and the sample les. Axon Field Engineer will remote in to the sample environment for the and testing of the migration software. n Axon Field Engineer (AFE) will develop and test migration software using the provided atabase copy and sample files. Customer resource shall be made reasonably available iroughout development to support navigation of legacy database and validation of the xon Evidence fields to map metadata. Upon completion of development Axon Project Manager will schedule a call with customer Testing and Validation stakeholders. Axon will demonstrate a migration into test Axon Evidence instance. Customer will sign off that the required metadata fields are present and match up to mutually agreed Axon Evidence fields. Page 3 of 7 Packet Pg. 174 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d Upon completion and validation of the software, customer will provide admin credentials to he legacy database copy. This can be done by creating a user in the legacy system with administrative rights with the below credentials, Username Transfer Facilitation Method Password: dhen admin credentials are provided, customer will provide AFE network access to install nd run the migration software. Remote access can be provided through a Zoom meeting ustomer provided VPN. n AFE will access customer network to install and run the migration software. This will run n customer network directly to your Axon Evidence instance. Evidence will be encrypted uring transfer and securely hashed to verify completion and authenticity of migrated vidence. )uring migration, Axon's Field engineer will periodically access customer network to check he migration status and verify its operation. Axon Field Engineer will review failure logs to dentify and rectify any issues and retry to migrate any failures. At the completion of the nigration any unresolved failures will be provided in a report to the customer. Technical Resources Customer will provide access to a modern Windows server on customer network as Hardware Specifications detailed in the server specifications document in Appendix 1. API requests require HTTPS port 443, network IP should be whitelisted in customer Axon Connectivity Specifications Evidence account. Migration speed is dependent on bandwidth availability at customer site. Customer will ensure reasonable availability by phone or email of knowledgeable staff and Availability personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon including but not limited to explanation and verification of metadata mapping and facilitating network access. Page 4 of 7 Packet Pg. 175 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 8.G.d Agreement Axon will assign a Project Manager that will provide the expertise to execute a successful Project Management migration. The Project Manager will have knowledge and experience with all phases of the project management lifecycle and service being implemented. He/she will work closely with the customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and on budget. At the completion of the migration, Axon will notify customer, provide verification Acceptance reports, and an acceptance form. Upon receipt of notification, customer is responsible for reviewing provided reports and Axon Evidence auditing tools to verify that the scope of the project has been completed including but not limited to the migration and hash verification of all requested of data, metadata, and audit trails. Acceptance forms must be accepted or rejected within ten business days of receipt or acceptance is automatically verified. Data Ownership 1. All digital evidence stored on Axon's Axon Evidence is owned by the customer. Our Data Ownership contracts are constructed to ensure that you retain all ownership of your data. Should the agreement be terminated, Axon will provide access for the Agency to securely migrate its own data or offer a service for Axon to migrate the data on behalf of the Agency. . All digital evidence stored on the Axon Evidence platform is owned by the agency and an be exported at any time. This process can be facilitated in a number of ways including he bulk export feature. If your agency wishes to extract all data stored in the application, ata is exported in the format it was recorded (MP4 for Axon captured files). The simplest iethod for data/metadata return is via system APIs. Axon's API manual will be made vailable upon request, which details steps for developers to follow for this contingency. his would facilitate the return of data with minimal cost and high efficiency. Page 5 of 7 Packet Pg. 176 DocuSign Envelope ID: 256DC69E-C11C-4E02-8ACB-C1FF45782BE1 n Enterprise Inc. signing this Statement of Work, you are agreeing to the items set forth in this document and Axon's Master Services & Purchasing Agreement i Channel Services Appendix. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for a :ity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that :ity. If you do not have this authority, do not sign Statement of Work. s to the scope of this SOW must be documented and agreed upon by the Parties in a change order. If the changes cause an increase or ;e in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will t upon by the Parties and included in the change order, signed by both Parties. —• —N Slgnature: Name (Print): IJia Title: Ataxior Date:1-P Page 6 of 7 Packet Pg. 177 DocuSign Envelope ID: 256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl 8.G.d Appendix 1 System Requirements and Firewall Permissions Customer will provide access to a modern Windows server to install and run migration tool. • Server should be running on customer network ■ Server should have connection to the legacy database • Server should have connection to file repository(s) Server Hardware Requirements Processor Minimum 1x Quad -Core Intel Xeon E3 (1.7 GHz) Recommended 2x Quad -Core Intel Xeon E5 (2.66 GHz) Memory 32 RAM GB 64 GB RAM Internal Drive 500 GB HDD 500 GB SSD Network 10/100 Ethernet Gigabit Ethernet Operating System Windows Server 2008 R2 Windows Server 2012 R2 DB Server Depending on the configuration and location of the legacy DB server, file repository, and customer's firewall, some special configuration might be required to ensure communication with the server where the migration application is running. Ports The following ports should be opened: Page 7 of 7 Packet Pg. 178 8.G.d L O d m V m L O U 4- 0 C O C N r x w El Y a Page 1 of 7 Packet Pg. 179 8.G.d MIGRATION OVERVIEW CUSTOMER NAME Kent Police Deparment Street Address CRY: 220 4' Avenue South Kent STATE or Country: ZIP CODE: WA 98032 AGENCY CONTACT (NAME): AGENCY CONTACT EMAIL/PHONEM AGENCY AXON DEMS: AXON EVIDENCE URL Evidence.com Channel Services Summary Total Data 2.5TB Customer Data Source VeriPic Data Types Multiple, including proprietary/non-standard codecs Details Axon will perform the migration of data remotely in accordance with Statement of Work below. CHANNEL SERVICE DETAILS The following sections detail the channel services to be provided Data Details 2.5 Terabytes of digital data will be imported in Axon Evidence Total Data Evidence Audit Trails 6 Will be ingested from VeriPic database Customer will work with Axon to mutually determine and agree on appropriate Axon Evidence fields to map this metadata. This can be described in the metadata mapping matrix. Metadata Notes Service Page 2 of 7 Packet Pg. 180 8.G.d Axon will facilitate the one-time migration of evidence data indicated in the data details Channel Service section of this document to customer's Axon Evidence instance for storage and management. Playback of assets migrated is not necessarily supported in Axon Evidence, this can be verified prior to initiation of services by ingesting a sample of each file type into Axon Evidence. Preliminary Work An Axon Field Engineer (AFE) will develop the migration software. The AFE will remotely install and run the software on customer's nelwurk lu rdcilildle lire nrigrdliun directly lu your Axon Evidence instance. Evidence will be encrypted during transfer and securely hashed to verify completion and authenticity of migrated evidence. At the completion of the channel services, Axon will notify customer and provide verificati reports. These reports include hash comparisons for authenticating the data migrated. When customer has verified migration of all requested data, customer may uninstall migration software and delete the legacy data in accordance with your policies. Prior to the start of the project: • Customer will cease ingestion of new data into legacy system. ■ Customer must facilitate an export of assets from legacy system back to their original format (i.e..jpg). • Customer will create a backup of this database. Database copy must have a matching name to map it to the exported assets (i.e. filename) • Customer will create API clients via Axon Evidence administrative interface with documentation and support from Axon Project Manager • Customer will create or designate sample files to test the migration tool. Sample files should be from the same source as evidence being migrated. • Customer will securely share API client outputs, database copy, and sample files via an access controlled Sharepoint folder, OneDrive folder, or a customer provided tool. to the database is solely for the purposes of the Axon Field engineer to the data structure, develop, and test the migration software. OTE: Customer may also provide secure network access through a Zoom reeting or customer provided VPN to the copy of the database and the sample les. Axon Field Engineer will remote in to the sample environment for the evelopment and testing of the migration software. rn Axon Field Engineer (AFE) will develop and test migration software using the provided latabase copy and sample files. Customer resource shall be made reasonably available hroughout development to support navigation of legacy database and validation of the rxon Evidence fields to map metadata. Upon completion of development Axon Project Manager will schedule a call with customer Testing and Validation stakeholders. Axon will demonstrate a migration into test Axon Evidence instance. Customer will sign off that the required metadata fields are present and match up to mutually agreed Axon Evidence fields. Page 3 of 7 Packet Pg. 181 8.G.d Upon completion and validation of the software, customer will provide admin credentials to the legacy database copy. This can be done by creating a user in the legacy system with administrative rights with the below credentials. Nsername: MigrationServices Transfer Facilitation Method 1Password: AxonMigrationI .n admin credentials are provided, customer will provide AFE network access to install run the migration software. Remote access can be provided through a Zoom meeting or omer provided VPN. AFE will access customer network to install and run the migration software. This will run customer network directly to your Axon Evidence instance. Evidence will be encrypted -ing transfer and securely hashed to verify completion and authenticity of migrated During migration, Axon's Field engineer will periodically access customer network to check the migration status and verify its operation. Axon Field Engineer will review failure logs to identify and rectify any issues and retry to migrate any failures. At the completion of the migration any unresolved failures will be provided in a report to the customer. Technical Resources Customer will provide access to a modern Windows server on customer network as Hardware Specifications detailed in the server specifications document in Appendix 1. API requests require HTTPS port 443, network IP should be whitelisted in customer Axon Connectivity Specifications Evidence account. Migration speed is dependent on bandwidth availability at customer site. Customer will ensure reasonable availability by phone or email of knowledgeable staff and Availability personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon including but not limited to explanation and verification of metadata mapping and facilitating network access. Page 4 of 7 Packet Pg. 182 8.G.d Agreement Axon will assign a Project Manager that will provide the expertise to execute a successful Project Management migration. The Project Manager will have knowledge and experience with all phases of the project management lifecycle and service being implemented. He/she will work closely with the customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and on budget. At the completion of the migration, Axon will notify customer, provide verification Acceptance reports, and an acceptance form. Upon receipt of notification, customer is responsible for reviewing provided reports and Axon Evidence auditing tools to verify that the scope of the project has been completed including but not limited to the migration and hash verification of all requested of data, metadata, and audit trails. Acceptance forms must be accepted or rejected within ten business days of receipt or acceptance is automatically verified. Data Ownership 1. All digital evidence stored on Axon's Axon Evidence is owned by the customer. Our Data Ownership contracts are constructed to ensure that you retain all ownership of your data. Should the agreement be terminated, Axon will provide access for the Agency to securely migrate its awn data or offer a service for Axon to migrate the data on behalf of the Agency. . All digital evidence stored on the Axon Evidence platform is owned by the agency and an be exported at any time. This process can be facilitated in a number of ways including he bulk export feature. If your agency wishes to extract all data stored in the application, ata is exported in the format it was recorded (MP4 for Axon captured files). The simplest iethod for data/metadata return is via system APIs. Axon's API manual will be made vailable upon request, which details steps for developers to follow for this contingency. his would facilitate the return of data with minimal cost and high efficiency. Page 5 of 7 Packet Pg. 183 Enterprise Inc. y signing this Statement of Work, you are agreeing to the items set forth in this document and Axon's Master Services & Purchasing Agreement nd Channel Services Appendix. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an ntity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that ntity. If you do not have this authority, do not sign Statement of Work. s to the scope of this SOW must be documented and agreed upon by the Parties in a change order. If the changes cause an increase or e in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be upon by the Parties and included in the change order, signed by both Parties. Signature- Dmou Lr<l .,L Title: Aor Date:1.P � Page 6 of 7 Packet Pg. 184 8.G.d Appendix 1 System Requirements and Firewall Permissions Customer will provide access to a modern Windows server to install and run migration tool. • Server should be running on customer network • Server should have connection to the legacy database Server should have connection to file repository(s) Server Hardware Requirements Processor ix Quad -Core Intel Xeon E3 (1.7 GHz) 2x Quad -Core Intel Xeon E5 (2.66 GHz) Memory 32 RAM GB 64 GB RAM Internal Drive 500 GB HDD 500 GB SSD Network 10/100 Ethernet Windows Server 2008 R2 Gigabit Ethernet Windows Server 2012 R2 Operating System DB Server Depending on the configuration and location of the legacy DB server, file repository, and customer's firewall, some special configuration might be required to ensure communication with the server where the migration application is running. Ports The following ports should be opened: Type Port Outbound HTTPS 443 Outbound 53 Outbound 80 Page 7 of 7 Packet Pg. 185 L a. AXON SALES REPRESENTATIVE Chris Neubeck 602-708-6674 •2 cneubeck@axon.com L r C� C ISSUED E m 6/11 /2019 u 0-208651.43627.959CN Q Packet Pg. 186 8.G.d Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 SHIP TO Eric Hemmen Kent Police Dept. - WA 220 4TH AVE. SOUTH Kent, WA 98032 US BILL TO Kent Police Dept - WA 400 W. GOWE ST. SUITE 122 Kent, WA 98032 US Year 1 - OSP 7+ Item Description Axon Plans & Packages TASER 7 DUTY CARTRIDGE REPLENISHMENT 20140 PROGRAM 80011 BASIC EVIDENCE.COM LICENSE: 5 YEAR EVIDENCE.COM INCLUDED STORAGE (GB)-5 85114 YEAR CONTRACT EVIDENCE.COM INCLUDED STORAGE (GB)-5 85114 YEAR CONTRACT 20141 TASER 7 EVIDENCE.COM LICENSE 73420 AXON RECORDS LICENSE: 5 YEAR 80051 AXON AUTO TAGGING SERVICE ADD -ON: 5 YEAR 20141 TASER 7 EVIDENCE.COM LICENSE 80022 PRO EVIDENCE.COM LICENSE: YEAR 1 PAYMENT 85110 EVIDENCE.COM INCLUDED STORAGE Hardware 20008 TASER 7 HANDLE, HIGH VISIBILITY, CLASS 3R 20040 TASER 7 HANDLE WARRANTY, 4-YEAR TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 20012 DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 20013 (12-DEGREE) TASER 7 LIVE CARTRIDGE, STANDOFF (3 5- 20012 DEGREE) Q-208651-43627.959CN f1♦ Quote Expiration: 06/21/2019 Account Number: 0..•. Payment Terms: Net 30 Delivery Method: Fedex - Ground SALES REPRESENTATIVE Chris Neubeck Phone:602-708-0074 Email: cneubeck@axon.com Fax: (480) 658-0629 PRIMARY CONTACT Eric Hemmen Phone: (253) 856-5837 Email: ehemmen@kentwa.gov List Unit Quantity Net Unit Price Total (USD) Price Im Q 105 0.00 0.00 0.00LO N 10 000 0.00 0.00 rn 100 0.00 0.00 0.00 N LO N 4,200 0.00 0.00' 0.00 tO 0 105 0.00 0.00 0.00 21 cc 105 0.00 000 0.00 105 0.00 0.00 0.00 2 0.00 0.00 , 0.00 E 59 468.00 468.00 27,612.00 d L 1.770 0.00 0.00, 0.00 Q a� c 105 0.00 0.00 0.00 y 105 0.00 0.00 0.00 t i 202 0.00 0.00 0.00 a. c 202 0.00 0.00 0.00 210 0.00 0.00 0.00 m 07 L r C� C E U W Q-208651-43627.959CN 2 Y Y Q Protect Life. I Packet Pg. 187 8.G.d Year 1 - OSP 7+ (Continued) Item Description Hardware (Continued) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) 20014 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE. CLOSE QUART 20018 TASER 7 BATTERY PACK, TACTICAL 20041 TASER 7 BATTERY PACK WARRANTY, 4-YEAR 20160 TASER 7 HOLSTER - SAFARILAND, RIGHT HAND 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 20161 TASER 7 HOLSTER - SAFARILAND, LEFT HAND 74200 DOCK AND CORE, TASER 7 20042 TASER 7 DOCK & CORE WARRANTY, 4-YEAR 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 20050 HOOK -AND -LOOP TRAINING (HALT) SUIT 20016 TASER 7 INERT CARTRIDGE, STANDOFF (3.5- DEGREE) 20017 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2, BLK 71026 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON RAPIDLOCK 11553 SYNC CABLE, USB A TO 2.5MM 74008 AXON DOCK, 6 BAY + CORE, AXON BODY 2 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 74009 AXON DOCK, SINGLE BAY + CORE, AXON BODY 2 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) Other 73453 OFFICER SAFETY PLAN 7 PLUS Quantity 210 210 210 126 126 99 210 6 2 2 2 1 24 24 List Unit Price Net Unit Price Total (USD) MM 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 M 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 fw 105 499.00 499.00 105 0.00 0.00 105 0.00 0.00 105 0.00 0.00 2 1,495.00 1,495.00 2 42.00 42.00 96 375.00 375.00 8 38.00 0.00 8 38.00 105 0.00 0-208651-43627.959CN 3 I 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 C�IiIlI 52,395.00 0.00 0.00 0.00 2,990.00 84.00 36,000.00 0.00 M M Q Protect Life. Packet Pg. 188 8.G.d Year 1 - OSP 7+ (Continued) Item Description Other (Continued) EVIDENCE.COM UNLIMITED PLUS DOCK TAP: 5 73460 YEAR 75000 SIGNAL SIDEARM ADHESIVE MOUNT SIGNAL SIDEARM ADHESIVE MOUNT REMOVAL 75001 KIT 73410 AXON AWARE PLUS V SERVICE LINE: 5 YEAR 73465 Performance Service: 5 Year TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL 80087 (RUGGEDIZED) AXON DEVELOPED OCULUS TRAINING CONTENT 20147 ACCESS OCULUS GO STANDALONE VIRTUAL REALITY 20135 HEADSET 20146 TASER 7 ONLINE TRAINING CONTENT ACCESS 20120 TASER 7 INSTRUCTOR COURSE VOUCHER TASER 7 MASTER INSTRUCTOR SCHOOL 20119 VOUCHER OFFICER SAFETY PLAN 7 PLUS ANNUAL 73455 PAYMENT REDACTION ASSISTANT 51-150 SWORN AGENCY - 73490 WIDE LICENSE: 5 YEAR CITIZEN FOR COMMUNITIES 51-150 SWORN 73570 AGENCY -WIDE LICENSE: 5 Services 85055 AXON FULL SERVICE 11609 SMART WEAPON TRANSITION SERVICE 85147 CEW STARTER Year 1 - Trade-in Credit Item Description Other 20104 TASER 7 TRADE-IN UPFRONT PURCHASE Quantity List Unit Net Unit Price Total (USD) Price 105 0.00 0,00 0.00 105 0.00 0.00 0.00 105 0.00 0.00 0.00 105 0.00 0.00 0.00 105 0.00 0.001 0.00 1 0.00 0.00 0.00 1 0.00 1 0.00 105 0.00 1 0.00 1 0.00 105 2,388.00 1 0.00 1 0.00 NI 2,203.40 0.00 M 1 17,000.00 17,000.00 1 2,000.00 2,000.00 1 2,750.00 2,750.00 Subtotal Estimated Shipping Estimated Tax Total Quantity 105 0-208651-43627.959CN 4 0.00 0.00 0.00 0.00 0.00 231,357.00 0.00 0.00 0 N LO N 17,000.00 0 2,000.00 2,750.00 372,188.00 0.00 E 36,743.82 y L 408,931.82 Q a� c List Unit to Net Unit Price Total (USD) Price L 3 d 060 0.001 0.00 c aD m rn L C� C E :.i Q Packet Pg. 189 8.G.d Year 1 - Trade -In Credit (Continued) Item Description Other (Continued) 20150 TASER 7 TRADE-IN CARTRIDGE Spares Item Description Hardware 20008 TASER 7 HANDLE, HIGH VISIBILITY, CLASS 3R 20040 TASER 7 HANDLE WARRANTY, 4-YEAR 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2, BLK 71026 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON RAPIDLOCK 11553 SYNC CABLE, USB A TO 2.5MM Year 1 - Channel Services Item Description Axon Plans & Packages 85035 EVIDENCE.COM STORAGE Other 80190 Evidence.com Channel Services 80191 Evidence com Channel Migration, TB Year 1 - Interview Room Item Description Axon Plans & Packages 50071 AXON STREAMING SERVER LICENSE (PER SERVER) 50055 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 1 PAYMENT Quantity List Unit Price Net Unit Price Total (USD) 105 000 0.00 0.00 Subtotal 0.00 V M Estimated Tax 0.00 r L Tota I a 00 c O U 4- 0 Quantity List Unit Net Unit Price Total (USD) r_ O price c a� 3 0.00 0.00 0.00 r K u.l 3 0.00 0.00 0.00 1 a 6 499.00 0.00 0.00 Q 6 0.00 0.00 0.00 3 6 000 0.00 0.00 c m 6 0.00 0.00 0.00 Subtotal 0.00 a� Estimated Tax 0.00 Q Total 0.00 N M on Quantity List Unit Net Unit Price Total (USD) N Price ,n N co 0 3,000 0.75 0.00 0.00 1 10,000.00 0.00 0.00 }; 3 500.00 0.00 0.00 c Subtotal 0.00 d am Estimated Tax 0.00 L Q Total 0.00 a� c .y O t Quantity List Unit Net Unit Price Total (USD) price d c I R 2 1,75000 4 1,188.00 Q-208651-43627.959CN 5 0.00 0.00 y 0.00 0.00 07 L r C� C I_ U Y Y Q Protect Life. Packet Pg. 190 8.G.d Year 1 - Interview Room (Continued) Item Description Hardware AXIS CAMERA, AXIS Q3515-LV NETWORK 50281 CAMERA 50118 LOUROE DV -MIL MICROPHONE (POE) RECORDING SERVER LITE, 1U RACK SERVER, 50206 XEON (4-CORE), 8GB ME 74062 INTERVIEW ROOM 5 YR EXTENDED WARRANTY HP SWITCH - 24PORT GIGABIT POE MANAGED 50221 SWITCH - NON SER Services 85170 INTERVIEW ROOM, INSTALL AND SETUP Year 2 - OSP 7+ Item Description Axon Plans & Packages 80023 PRO EVIDENCE.COM LICENSE: YEAR 2 PAYMENT 85110 EVIDENCE COM INCLUDED STORAGE Hardware TASER 7 LIVE CARTRIDGE, STANDOFF (3 5- 20012 DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 20013 (12-DEGREE) TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20014 CARTRIDGE, STANDOFF (3 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20015 CARTRIDGE, CLOSE QUART Other 20120 TASER 7 INSTRUCTOR COURSE VOUCHER TASER 7 MASTER INSTRUCTOR SCHOOL 20119 VOUCHER OFFICER SAFETY PLAN 7 PLUS ANNUAL 73455 PAYMENT Quantity List Unit Net Unit Price Total (USD) Price 4 985.00 000 0.00 4 19650 0.00 0.00 2 1,750.00 0.00 0.00 4 1,240.99 0.00 0.00 1 1,304.35 0.00 0.00 3 2,50000 0.001 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Quantity List Unit Net Unit Price Total (USD) Price 59 468.00 468 00 1 1,770 0.00 0.00 210 0.00 0.00 210 0.00 0.00 210 000 0.00 210 0.00 000 0.00 0.00 1 000 0.00 105 2,388.00 2,388.00 Subtotal Estimated Tax Total Q-20865143627.959CN 6 27,612.00 0.00 0.00 c N u7 0.00 C4 0 0.00 0.00 c aD E d m 0.00 Q 0.00 c .y 250,740.00 L 278,352,00 d 27,835.20 306,187.20 N a� m L r C� C E U Y Y Q Protect Packet Pg. 191 8.G.d Year 2 - Channel Services Item Description Axon Plans & Packages 85035 EVIDENCE.COM STORAGE Year 2 - Interview Room Item Description Axon Plans & Packages 50072 AXON STREAMING SERVER SOFTWARE MAINTENANCE ANNUAL PAYMENT 50056 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 2 PAYMENT Year 3 - OSP 7+ Item Description Axon Plans & Packages 80024 PRO EVIDENCE.COM LICENSE: YEAR 3 PAYMENT 85110 EVIDENCE.COM INCLUDED STORAGE Hardware 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) 20014 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART 73311 8-BAY DOCK AXON BODY CAMERA REFRESH ONE Other 73309 AXON BODY CAMERA REFRESH ONE 20120 TASER 7 INSTRUCTOR COURSE VOUCHER Quantity List Unit Net Unit Price Total (USD) Price 3,000 0.75 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Quantity List Unit Price Net Unit Price Total (USD) 2 350.00 0.00 0.00 4 1,188.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Quantity List Unit Net Unit Price Total (USD) Price 59 468,00 468.00 1,770 0.00 0.00 210 0.00 0.00 210 0.00 0.00 210 0.00 0.00 210 0.00 0.00 1 0.00 0.00 105 0.00 0.00 1 0.00 0.00 0-208651-43627.959CN 7 27,612.00 rn 0.00 c N N W 0.00 a� 0.00 c 0.00 d m 0.00 Q a� 0.00 y t L 0.00 a 0.00 -a C E U 2 Y Y Q Packet Pg. 192 8.G.d Year 3 - OSP 7+ (Continued) Item Description Other (Continued) 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 73455 OFFICER SAFETY PLAN 7 PLUS ANNUAL PAYMENT Year 3 - Channel Services Item Description Axon Plans & Packages 85035 EVIDENCE.COM STORAGE Year 3 - Interview Room Item Description Axon Plans & Packages 50072 AXON STREAMING SERVER SOFTWARE MAINTENANCE ANNUAL PAYMENT 50057 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 3 PAYMENT Year 4 - OSP 7+ Item Description Axon Plans & Packages 80025 PRO EVIDENCE COM LICENSE: YEAR 4 PAYMENT 85110 EVIDENCE.COM INCLUDED STORAGE Hardware TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 20012 DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 20013 (12-DEGREE) TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20014 CARTRIDGE, STANDOFF (3 Quantity List Unit Price Net Unit Price Total (USD) i l 000 0.00 0.00 105 2,388.00 2,388.00 250,740.00 Subtotal 278,352.00 Estimated Tax 27,835.20 Total 306,187.20 Quantity List Unit Net Unit Price Total (USD) W Price c 0 K 3,000 0.75 0.00 0.00 Q Subtotal 0.00 3 Estimated Tax 0.00 c Total 0.00 E m L Im List Unit Q Quantity Net Unit Price Total (USD) price LO N 2 350.00 0.00 0.00 Cn 0 N 4 1.188.00 0.00 0.00 N W 0 Subtotal 0.00 -0 a) Estimated Tax 0.00 w Total 0.00 }; c a� E W List Unit Quantity Net Unit Price Total (USD) 0) Price Q a� c 59 468.00 468.00 27,612.00 w 1,770 0.00 0.00 0.00 L d 210 0.00 0.00 0.00 N 210 0.00 0.00 0.00 0 m 210 0.00 0.00 0.00 Cn `m r 0 c a� E t U Q-208651-43627.959CN 8 Q Protect Life, Packet Pg. 193 8.G.d Year 4 - OSP 7+ (Continued) Item Description Hardware (Continued) 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART Other 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 73455 OFFICER SAFETY PLAN 7 PLUS ANNUAL PAYMENT Year 4 - Channel Services Item Description Axon Plans & Packages 85035 EVIDENCE.COM STORAGE Year 4 - Interview Room Item Description Axon Plans & Packages 50072 AXON STREAMING SERVER SOFTWARE MAINTENANCE ANNUAL PAYMENT 50058 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 4 PAYMENT Year 5 - OSP 7+ Item Description Axon Plans & Packages 80026 PRO EVIDENCE.COM LICENSE: YEAR 5 PAYMENT 85110 EVIDENCE COM INCLUDED STORAGE Hardware 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) Quantity List Unit Net Unit Price Total (USD) Price 210 0.00 0- 00 I & 00 1 0.00 0.001 0.00 1 0.00 0.00 0.00 105 2,38800 2,388-00I 250,740.00 Subtotal 278,352 00 Estimated Tax 27,835.20 Total 306,187.20 Quantity List Unit Price Net Unit Price Total (USD) 3,000 0.75 0.001 0.00 Subtotal 0.00 W a� Estimated Tax 0.00 Q Total 0.00 LO List Unit on Quantity Net Unit Price Total (USD) c price N N t0 O 2 350.00 0.00 0.00 0) c� 4 1,188.00 0.00 0.00 +� c a� Subtotal 0.00 E d Estimated Tax 0.00 2-1 a) Total, 0.00 Q a� c .y List Unit Quantity Net Unit Price Total (USD) price d 59 468.00 468.00 27,612.00 1,770 000 0.00 000 N a� m I 210 Q-208651-43627.959CN 9 0.00 0.001 0.00 07 I y r cc C N E t U Q Protect Life. Packet Pg. 194 8.G.d Year 5 - OSP 7+ (Continued) Item Description Hardware (Continued) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 20013 (12-DEGREE) TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20014 CARTRIDGE, STANDOFF (3 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20015 CARTRIDGE, CLOSE QUART 8-BAY DOCK AXON BODY CAMERA REFRESH 73312 TWO Other 73310 AXON BODY CAMERA REFRESH TWO 20120 TASER 7 INSTRUCTOR COURSE VOUCHER TASER 7 MASTER INSTRUCTOR SCHOOL 20119 VOUCHER OFFICER SAFETY PLAN 7 PLUS ANNUAL 73455 PAYMENT Year 5 - Channel Services Item Description Axon Plans & Packages 85035 EVIDENCE.COM STORAGE Year 5 - Interview Room Item Description Axon Plans & Packages 50072 AXON STREAMING SERVER SOFTWARE MAINTENANCE ANNUAL PAYMENT 50059 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 5 PAYMENT Quantity List Unit Net Unit Price Total (USD) Price 210 0.00 0.00 0.00 210 0.00 0.00! 0,00 210 0.00 0.00 0.00 1 0.00 0.00 0.00 105 0.00 0.00 0.00 1 0.00 0.00 0.00 1 0.00 0.00 0.00 105 2,38&00 2,388,00 250,740.00 Subtotal 278,352.00 Estimated Tax 27,835.20 Total I 306,187.20 Quantity it Net Unit Price Total (USD) 04 a Price rn 3,000 0.75 0.00 0.00 0 N LO Subtotal 0.00 ttoo 0 Estimated Tax 0.00 -0 a) Total 0.00 a c a� Quantity L Est Unit Net Unit Price Total (USD) (1) Price L Q I a� 2 4 Q- 208 651-4 3627.9 59 C N 10 360.00 0.001 0.00 9 1.188,00 0.00 0.00 i Subtotal 0.00 a Estimated Tax 0.00 Total 0.00 W m to Grand Total 1,633,680.62 -; c a� E z U ns Q Protect Packet Pg. 195 8.G.d AXON Discounts (USID) Quote Expleatlon: 06/21/2U19 List Amount 1,583,385.31 Discounts 97,789.31 Total 1,485,596.00 *Total excludes applicable taxes Summary of Payments Payment Amount (USD) Year 1 - OSP 7+ 408,931.82 Year 1 - Trade -In Credit 0.00 Spares 0.00 Year 1 - Channel Services 0.00 Year 1 - Interview Room 0.00 Year 2 - OSP 7+ 306,187.20 Year 2 - Channel Services 0.00 Year 2 - Interview Room 0.00 Year 3 - OSP 7+ 306,187.20 Year 3 - Channel Services 0.00 Q-208661-43627,959CN 11 M 0 N LO N W 0 c a� E a) a) L a) C E M U Y Y Q Packet Pg. 196 8.G.d AXON Summary Of Payments (Continued) Payment Amount (USD) Year 3 - Interview Room 0.00 Year 4 - OSP 7+ 306,187.20 Year 4 - Channel Services 0.00 Year 4 - Interview Room 0.00 Year 5 - OSP 7+ 306,187.20 Year 5 - Channel Services 0.00 Year 5 - Interview Room 0.00 Grand Total 1,633,680.62 0 N to N t0 O tU fC C E M U Y Y Q Q-208651-43627.9 59C N Protect Life. 12 Packet Pg. 197 8.G.d STATEMENT OF WORK & CONFIGURATION DOCUMENT Aaron Interview Recording Platform This document details a proposed system design Agency Created For: Kent Police Dept. - WA Sold By: Chris Neubeck Designed By: Jason South Installed By: Axon Professional Services Customer Contact: Matthew Holmes Target Install Date: 09/30/2019 QR-7708-a3bf3000001CFg4AAG 13 Packet Pg. 198 8.G.d AXON INTERVIEW RECORDING PLATFORM This image is intended to be a general visual of how Interview Room is configured Please read through the SOW for configuration specific to this deal. 0 4 IP Camera(s) Primary Recording Server fv#dence Management System j Touch Panel(s) Secondary. Recording Server AXON -PROVIDED HARDWARE SUMMARY The following section offers a broad summary of the Axon -provided hardware needed to configure this order. With the exception of server quantities, QUANTITIES DO NOT REFLECT CUSTOMER -PROVIDED ITEMS. Total Camera Configurations 4 Camera(s) Locations # Rooms Headquarters 2 0 Covert Enclosure(s) 4 Microphone(s) Injector(s) Total Switches 1 POE Switch(es) Total Servers 2 Server(s) (customer -provided included) Total Touch Panels 0 Touch Panel(s) (virtual not included) 0 Wall Mount(s) Total Camera Configurations 0 110 Box(es) QR-7708 - a3bf3000001CFg4AAG 14 Packet Pg. 199 8.G.d INTERVIEW ROOM OVERVIEW The following sections detail the configuration of the Axon Interview recording system at all locations. Network Considerations Each IP Camera will be connected to a POE switch that provides the device with power and network connectivity. Each Recording Server must be given a static IPv4 network address that is routable across the Network Requirements network. Each IP Camera must be given a static IPv4 network address that is routable across the network. Each touch panel/kiosk must be given a static IPv4 network address that is routable across the network. Network Device Static IPs Total IPs Qty of IP Cameras 4 Network Addressing 6 Qty of Touch Panels 0 Qty of Recording Servers 2 Data Switch Provisioning This install will require POE data switches at each location. Virtual Kiosks 2 workstations will require virtual kiosk software to be installed. Customer to provide all device IP addresses Customer to also provide: • Subnet Mask • Gateway IP Customer Provided Items • DNSMINS IP • Time Server IP Customer IT staff will configure all switches with proper network configuration Metadata Tags Metadata Tagging The system will collect metadata information prior to, and after, the interview recording process (i.e. Interviewer Name, Interviewee Name, Case Number). Information collected prior to recording: • Interviewee first and last name • Case number Metadata Tags • Case type • Interviewee type Information collected post recording • Interviewer name(s) Customer Provided Items Customer to provide preferred metadata fields Axon Provided Items Axon to facilitate the creation of metadata fields. QR-7708-a3hf3000001CFg4AAG 15 Packet Pg. 200 8.G.d NETWORK CONFIGURATION DETAILS The following section offers a broad summary of the Axon -provided hardware needed to configure this order. Network Configuration Details Evidence Management System I Evidence.com Network Applications: • Remote monitoring application Evidence.com Application Features Application Features • Secure Cloud Storage • Redaction • Download/Sharing • Audit Trail • Reporting Training This solution will include on -site application training covering: • Touch panel overview • Initiating interview wizard Application Package • Entering metadata • Controlling the interview process • Closing an interview • Evidence.com functionality Additional General Deal Notes Notes QR-7708 - a3bf3000001CFg4AAG 16 Packet Pg. 201 8.G.d LOCATION DETAILS: Headquarters The following sections detail the configuration of the Axon Interview recording system at HEADQUARTERS Location Name Headquarters Cable Considerations Customer will install the networking cables using a Cat5e Cable. Cabling Runs 7 cable runs are required for this installation. 5 110v power outlets are required for this installation (Customer Responsibility). All Devices: Network cabling must be provided for the following devices: Cabling • Axis IP Camera Requirements • Server • Touch Panel or PC running a virtual Touch Panel • POE Switch Servers, Switches, Touch Panels Servers Axon Interview Lite Server Quantity: 1 Axon Interview Lite Server 1 Redundancy This system includes recording redundancy Data Switch/POE Power HPE Aruba 2530 24-Port POE Switch Quantity: 1 N/A Touch Panels Virtual Kiosk Touch Panel Touch Panel Location N/A Virtual Kiosk Number of I/O Boxes Required 0 Additional Location Notes Notes QR-7703-a3bf3000001CFg4AAG 17 Packet Pg. 202 8.G.d ROOM DETAILS: Room 1 The following sections detail the configurations specific to ROOM 1 Location Name Headquarters Room Name Room 1 Camera Configuration Camera 1 will be a(n) : AXIS 3515-LV Dome Camera Camera 1 Mic: Louroe Tamper Proof Mic Camera 2 will be a(n) : AXIS 3515-LV Dome Camera Camera 2 Mic: Louroe Tamper Proof Mic Recording Activation Recording will be triggered via Virtual Kiosk External Recording-ln- N/A Progress Visual Wall Configuration Drywall Ceiling Configuration Standard Tile Additional Location Notes Notes QR-7708 - a3bf3000001CFg4AAG 18 Packet Pg. 203 8.G.d ROOM DETAILS: Room 2 The following sections detail the configurations specific to ROOM 2 Location Name Headquarters Room Name Room 2 Camera Configuration Camera 1 will be a(n) : AXIS 3515-LV Dome Camera Camera 9 Mic: Louroe Tamper Proof Mic Camera 2 will be a(n) : AXIS 3515-LV Dome Camera Camera 2 Mic: Louroe Tamper Proof Mic Recording Activation Recording will be triggered via Virtual Kiosk External Recording -In- N/A Progress Visual Wall Configuration Drywall Ceiling Configuration Standard Tile Additional Location Notes Notes QR-7708 - a3bf3000001CFg4AAG 19 Packet Pg. 204 8.G.d Axon International, Inc's Sales Terms and Conditions for Direct Sales to End User Purchasers This Statement of Work is bound to the applicable signed quote. Upon confirmation of the installation dates, to be confirmed in writing, the agency will give no less than a 2- week advanced notice of cancellation or change from the date of the scheduled installation. In the event the Agency cancels 2 weeks or less from the date of the scheduled installation, the agency will be responsible for all travel booked, and resource costs associated with the cancelled installation. Rescheduling of the installation will be at the discretion of Axon Professional Services based on available dates within the installation schedule calendar. Changes to the scope of this SOW must be documented and agreed upon by the Parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order, signed by both Parties. , 33V3000001CFg4, 20 Packet Pg. 205 8.G.d Notes The parties agree that Axon is granting a credit of $19,382.50 (applied to Year 1 Payment) for trade-in of CEW hardware. This credit is based on a ship date range of 9/l/2019-9/15/2019, resulting in a 10/1/2019 contract start date. Any change in this ship date and resulting contract start date will result in modification of this credit value which may result in additional fees due to or from Axon. Axon's Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at vwdw.axon .comll aVsales -terms-end-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote W t� Signature: � Date: ti Name (Print): Title: M PO# (Or write N/A): o N LO Please sign and email to Chris Neubeck at cneubeck@axon.com or fax to (480) 658-0629 0 Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com ca Quote: Q-208651-43627.959CN c 'Protect Life'@ and TASER@ are registered trademarks of Axon Enterprise, Inc, registered in the U.S. © 2013 Axon Enterprise, Inc. All rights reserved. d m L t� Q i .y t V L tL N N V d L r C E U Y Y Q-208651-43627.959CN 21 Protect Packet Pg. 206 8.G.d Axon Interview Room Appendix 1 Axon Interview Room Axon Evidence Term. The Axon Evidence Subscription for Axon Interview Room begins after shipment of Axon Interview Room hardware. If Axon ships Axon Interview Room hardware in first half of the month, the Axon Interview Room start date is the 1st of the following month. If Axon ships Axon Interview Room hardware in the last half of the month, the start date is the 15th of the following month. For phased deployments, the Interview Room Subscription begins upon the shipment of the first phase, and subsequent phases will begin upon shipment of that phase. The Axon Interview Room subscription term will end upon the completion of the Axon Evidence subscription as documented in the Quote ("Interview Room Subscription"). 2 Statement of Work. The Axon Interview Room Statement of Work ("Interview Room SOW") attached to this Appendix details Axon's professional services deliverables. Axon is only responsible to perform services described in the Interview Room SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 3 Axon. Interview Room Unlimited. For Axon Interview Room Unlimited Axon Evidence subscription, unlimited data may be stored as part of Axon Interview unlimited storage only if the data originates from Axon Interview Room hardware. Packet Pg. 207 8.H KENT , i n N .L I G N DATE: September 20, 2022 TO: Kent City Council 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. 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 this work. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 208 8.H 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. Comprehenive Plan Agreement_MIG (PDF) Packet Pg. 209 8.H.a KEN T W A S H I N G T O n 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 E 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 a rates shall be as delineated in Exhibit C. c ca B. The Consultant shall submit monthly payment invoices to the City for work performed, and a a. > final bill upon completion of all services described in this Agreement. The City shall provide 'E payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any z portion of an invoice, it shall notify the Consultant and reserves the option to only pay, that a portion of the invoice not in dispute. In that event, the parties will immediately make every E effort to settle the disputed portion. v 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 E alternative to payment by check and is available for the convenience of the Consultant. If the r Consultant voluntarily participates in this Program, the Consultant will be solely responsible Q CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) Packet Pg. 210 8.H.a 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 MA)EURE. 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 or - to the other that at the time of signing this Agreement, they are able to perform as required and their E performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing 0" state or national declarations of emergency, or any current social distancing restrictions or personal a protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. a. m 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 a effective only to the extent and duration of the force majeure event causing the prevention or delay in o performance and, provided, that the party prevented or delayed has not caused such event to occur and u continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. a� 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 w costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. a CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Packet Pg. 211 8.H.a 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 INDUSTRIAL00 INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES rN, 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 a having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then E the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and i" reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal a on the Consultant's part. a The provisions of this section shall survive the expiration or termination of this Agreement. > .E 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. a E X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable v accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. E z XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, r designs, reports, or any other records developed or created under this Agreement shall belong to and a CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Packet Pg. 212 8.H.a 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 a cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The 0. 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 f° Consultant. a 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. r c m E m as a c ca a. m .E m z a� a E 0 U c a� E z U 2 r Q CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) Packet Pg. 213 8.H.a 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. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) Packet Pg. 214 8.H.a 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: NOTICES TO BE SENT TO: CONSULTANT: Daniel Iacofano, CEO Moore Iacofano Goltsman, 119 Pine Street, Suite 400 Seattle, WA 98101 CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CITY OF KENT: Kristen Holdsworth, Long Inc City of Kent 220 Fourth Avenue South Kent, WA 98032 (206)223-0326 (telephone) N/A (facsimile) [In this field, you may enter the electronic filepath where the contract has been saved] Range Planning Manager (253) 856-5441 (telephone) (253) 253-856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent Citv Clerk CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) Packet Pg. 215 8.H.a 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: EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 216 8.H.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN CONTRACTORS POLICY: SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor 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 N regulations are familiar with the regulations and the City's equal employment opportunity N policy. c� 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a� E a� L Q a m .E m z a� L cQ E 0 U c d E t U r Q EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 217 8.H.a 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 into on the Kent that was entered (date), between the firm I represent and the City of 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: EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 218 8.H.a 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: EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 219 8.H.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN CONTRACTORS POLICY: SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor 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 N regulations are familiar with the regulations and the City's equal employment opportunity N policy. c� 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a� E a� L Q a m .E m z a� L cQ E 0 U c d E t U r Q EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 220 8.H.a 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 into on the Kent that was entered (date), between the firm I represent and the City of 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: EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 221 EXHIBIT A 8.H.a M M 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. City of Kent Comprehensive Plan Update 1 Packet Pg. 222 8.H.a 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 2 City of Kent Comprehensive Plan Update Packet Pg. 223 8.H.a M M • 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 City of Kent Comprehensive Plan Update 3 Packet Pg. 224 8.H.a 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 City of Kent Comprehensive Plan Update Packet Pg. 225 8.H.a M M • 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. City of Kent Comprehensive Plan Update 5 Packet Pg. 226 8.H.a M M 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 6 City of Kent Comprehensive Plan Update Packet Pg. 227 8.H.a M M • 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 City of Kent Comprehensive Plan Update 7 Packet Pg. 228 8.H.a 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 8 City of Kent Comprehensive Plan Update Packet Pg. 229 8.H.a M M 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 City of Kent Comprehensive Plan Update 9 Packet Pg. 230 8.H.a M M 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 10 City of Kent Comprehensive Plan Update Packet Pg. 231 8.H.a M M 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 City of Kent Comprehensive Plan Update 11 Packet Pg. 232 8.H.a 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. 12 City of Kent Comprehensive Plan Update Packet Pg. 233 8.H.a M M 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 City of Kent Comprehensive Plan Update 13 Packet Pg. 234 8.H.a 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 14 City of Kent Comprehensive Plan Update Packet Pg. 235 8.H.a M M 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. City of Kent Comprehensive Plan Update 15 Packet Pg. 236 8.H.a 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 16 City of Kent Comprehensive Plan Update Packet Pg. 237 8.1 • KENT *A S M IN G T O N DATE: September 20, 2022 TO: Kent City Council 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. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Thrivinci City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Community Roots Housing - Interlocal Resolution (PDF) Packet Pg. 238 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. 1 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing Packet Pg. 239 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 2 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing Packet Pg. 240 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. 3 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing Packet Pg. 241 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 Gi Resolution Authorizing Interlocal Agreement Related to Community Roots Housing Packet Pg. 242 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. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK 5 September 20, 2022 Date Approved September 20, 2022 Date Adopted Resolution Authorizing Interlocal Agreement Related to Community Roots Housing Packet Pg. 243 APPROVED AS TO FORM: TAMMY WHITE, CITY ATTORNEY R Resolution Authorizing Interlocal Agreement Related to Community Roots Housing Packet Pg. 244 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 7 Attachment A - Interlocal Agreement Packet Pg. 245 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 Attachment A - Interlocal Agreement Packet Pg. 246 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 By: Signature Printed Name Title Date APPROVED AS TO FORM: CITY OF KENT ATTORNEY By: Signature Printed Name CITY OF SEATTLE By: Signature Printed Name Title Date CITY OF SEATTLE ATTORNEY By: Signature Printed Name Date Date 0 Attachment A - Interlocal Agreement Packet Pg. 247