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HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 02/02/2021 ^*4 KENT CITY COUNCIL AGENDA • Tuesday, February 2, 2021 KENT 7:00 PM wa 5H I NGTGN THIS IS A REMOTE MEETING Due to COVID-19 and Health Safety Requirements, and by Order of the Governor, this is a remote meeting. A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 926 9729 4137 Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Employee of the Month B. Community Events 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmember's Reports 6. PUBLIC HEARING City Council Meeting City Council Regular Meeting February 2, 2021 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. 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, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityC1erk0KentWA.gov. 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 Mayor0KentWA.-gov and CityCounci10KentWA.-gov. Emails are not read into the record. S. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Jan 19, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jan 19, 2021 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Jan 26, 2021 4:00 PM B. Payment of Bills - Authorize C. Ratify HP Laptop Purchase Utilizing CARES Act Funds - Authorize D. Ordinance Amending Chapter 9.02 "Criminal Code" of the Kent City Code - Adopt E. WSDOT Local Bridge Program Grant - Authorize F. Ordinance Granting a Franchise to Soos Creek Water & Sewer District - Adopt G. Accept the 2020 Paint Line Striping and Raised Pavement Markings Replacement Project as Complete - Authorize 9. OTHER BUSINESS 10. BIDS 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. City Council Meeting City Council Regular Meeting February 2, 2021 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. 5.B ri Februarythe reKic CA P0 rt committee and board agenda management W ADMINISTRATION technical questions. _ Administration Staff continues to participate in virtual trainings on the Open Public Meetings Act, ; • The first installment of the City Council's o 2021 retreat is coming up on Friday, Public Records Act and Records L) Management. E February 5, at noon. The agenda packet o will be available on the city's website no Communications y later than Monday, February 1. Be sure to watch for the three new social c Staff is advancing the City Council's media series that staff have launched: • o Kentertainment - highlighting fun priorities in the 2021-22 city budget. The � council heard from interim Race & Equity budget and family friendly activities o around Kent Manager Uriel Varela on the equity o Cuisines of Kent - showcasing ethnic strategic planning process at a recent food in Kent ) committee of the whole meeting. Human o Face of Kent - telling the stories of Kent Services Manager Merina Hanson is residents o working on a call for concepts for the Kent 101 virtual classes begin on February youth behavioral health funding. Police 3. We had 136 applicants and are able to Chief Rafael Padilla is working with fellow 2 South King County police chiefs on a accommodate 51 participants. This has N subre tonal a roach to mental health co- been a very popular series and will be held c response series. The chief is also working again in the fall. 'D • The next mask event will be held at a with the CAO and city attorney on a draft ShoWare on February 14 from 10:00 - a request for proposals for a police data 12:00 for distribution of our new Don't consultant. The CAO will update council on Mess with Kent masks. the new affordable housing sales tax at the 2 Federal Way Link ExtensionCU retreat. The City issued a tower crane permit for •2 rk • During the month of January, the City the Kent Des Moines (KDM) garage. • E Foundations for the crane will be poured in Clerk's Office responded to 405 public early February. ci records requests, including reviewing over Utilities adjacent to the KDM garage are 400,000 emails and over 2,000 minutes of being installed in anticipation of permits for body worn camera video. the KDM garage being issued in February • Staff processed 49 new contracts and 2021. reindexed 383 contracts that contained Solid waste removal from the landfill is errors when they were converted from substantially complete. The membrane Oracle into Laserfiche. barrier and backfill has been completed. • Staff assisted department liaisons with Wall construction between I-5 and the records management questions and Midway Landfill has begun. Page 1 of 9 Packet Pg. 4 5.6 • A waterline on the south side of S. 272nd numbers of households Kent needs to plan to Street has to be relocated. Once this has accommodate. Conversations are ongoing, but been completed, the drilled shafts for the this methodology meeting was a key step in guideway over S. 272nd Street will be fostering mutual understanding between cities constructed. Moving forward, periodic and the County on appropriate planning traffic delays on S. 272nd Street should be numbers. expected. Economic Development • Along 30t" Avenue South, Puget Sound • Recent inquiries about donating to the Energy has been converting customers Kherson Park lunar rover project prompted from the overhead lines to the new a meeting with Parks colleagues to refocus underground system. on that effort, admittedly somewhat Race and Equity paused due to Covid-19 and its related • Uriel presented the process planning for recovery efforts. a the Equity Strategic plan to ELT. He is also • Economic development coordinated with co scheduled to present the process planning other staff citywide to meet with Sound = to the Committee of the Whole, the Transit's new community engagement Cultural Communities Board and the Police team assigned to the Sound Transit transit- ; Department's Race & Equity task force. oriented development site, to start talking 0 • The next step in the plan is to begin about a community outreach plan. E engaging community partners in Economic development met with Club for ,° conversations about the equity strategic the Future, Blue Origin's non-profit STEM- plan. promoting youth organization, to discuss a their initiatives for 2021. ECONOMIC AND COMMUNITY Economic development met with the V_ DEVELOPMENT President of Atlas Genomics, one of five a Covid-19 testing laboratories in Long Range Planning Washington state, to learn more about ) The Kent Housing Options Plan (K-HOP) last their offerings to Kent Valley employers online public meeting was held on Saturday, and their interest in partnering on testing. o January 23, 2021. The meeting was well Economic development spoke with a local a) attended and included a staff presentation, manufacturer interested in the City's live polls, a visual preference survey, and negotiations for its Memorandum of N ended with a lively discussion. Before the Understanding with selected North Naden c outreach period closes in late February, staff developer Avenue 55. E will be partnering with local community-based Permit Review a organizations and KSD students to collect Staff in Planning, Building, and Development additional feedback from communities Engineering are diligently reviewing the currently under-represented on the survey. hundreds of permits taken in during the c LRP staff convened a key meeting between Permit Center's year-end push to clear the W SCA/SoKiHo city staff and assorted King intake backlog. Due to this high volume, staff .2 County staff working on housing policy and are completing more weekly reviews than ever I population growth allocations. As King County before. E prepares draft guidance on everything from Rental Housing Inspection Program U monitoring affordable housing data to RHIP staff continue to work with West Hill & assigning growth targets cities, including Kent, West Valley landlords to complete required are scrambling to square the numbers coming inspections and repairs. As of Jan 22nd, 53 of out of the County with the numbers 74 properties have conducted inspections, ascertained by consultants last year during the with four more scheduled in late January. Most Housing Needs Assessment work for the South of those inspections have revealed necessary King Housing framework. The implications of repairs, which are underway. Non-responsive using different data sources and varying landlords are receiving monthly notices, and methodologies can be profound in terms of the Page 2 of 9 Packet Pg. 5 5.B will go to code enforcement in spring should enforcement, ad hoc query and reporting they remain unresponsive. system. Building Services Recreation system replacement - identify, • The inspectors completed 642 inspections procure, and implement a recreation in the last 30 days and 423 in January to management system for Parks' recreation date. The plan reviewers have worked on staff to input, manage and maintain 151 applications for approval. customer accounts, memberships, • On January 8t', the State Building Code programs, facility rentals, and leagues in Council voted to extend the support of its operations. implementation of the 2018 I-codes until Information Technology operational support July 1, 2021, but Governor Inslee vetoed for January 17, 2021 to January 26, 2021 this action as he did not find compelling Number of tickets opened - 156 evidence that this was necessary. With the • Number of tickets closed - 159 a February 1, 2021 adoption date reinstated, Enterprise GIS co all applications filed after February 1 will General: now need to comply with the 2018 code Deploying Esri GIS ArcPro software installs standards. and training to staff care laptops ; • Inventory of data on KentGeoPortal 0 environment E • Continue to update and normalize city ° • The 2021 utility rates have been updated addressing database for various city-wide for City water, sewer, and drainage with an software implementations a increase of 1% or CPI. Police SafeCam application legal disclosure W' • Interviews for the vacant Financial Services statement V_ Supervisor position in Customer Service • Attended Sound to Summit GIS regional a are scheduled for the week of January 25. monthly meeting • Workday has been live for two pay periods. • Working with Mayor's office to update ) While we continue to make small Neighborhood Council online webmap 4) enhancements to the configuration • Providing support for Parks to locate assets o (particularly regarding how holiday time is using the GIS collector application entered and calculated); overall, the • Transferring Connect Explorer updates payroll processing in Workday has been from PW to IT N successful. The Payroll team continues to • Transferring GIS monthly update to •c work closely with internal partners to Enterprise GIS E answer questions, offer solutions and test • Providing Communications division address w any changes to the system. data for mailers • 2020 W2s have been mailed to employee home addresses. They will be available via 2 Employee Self-Service (ESS) shortly. W Watch for an upcoming email. Assisted in drafting an ordinance to adopt •2 updated design and construction standards. E • Prepared material for the February 5, 2021 0 Council retreat related to tenant's rights ordinances. The material compares Information Technology Projects Washington's Residential Landlord Tenant • KIVA Replacement (AMANDA) - Replace Act with ordinances in Seattle, Federal Kiva with a new enterprise permitting Way, Burien, and Auburn. system including integration with GIS, Worked with ShoWare Center to support wireless for inspectors, interactive voice the use of the center as a mass vaccination response (IVR) inspection scheduling, web site. access for citizens, service requests, code Page 3 of 9 Packet Pg. 6 5.6 • Worked with staff to prepare and present Prosecutors are now tracking the types of testimony in the State Senate to oppose crimes filed by categorizing them and SB 5110, which would, among other tracking the numbers for each crime things, significantly reduce the time cities category. This will give the City a better have to act on telecom franchise understanding of the type and complexity applications for use of city right-of-way. of cases filed and trends within the City. • Prepared an ordinance updating the City's • The prosecutor's office joined in the criminal code to adopt new criminal laws celebration of three DUI Court graduations enacted by the state legislature for during January 2021. application and enforcement in Kent to • There are two appeals pending in King present to the Committee of the Whole on County Superior Court. One must decide January 26, 2021. whether the court can find that the • Over the last year, staff has collaborated defendant committed a new law violation a with code enforcement and NRT officers to based on reliable hearsay statements have a property on the west hill cleaned up contained in a police report from a which contained two buildings - a house dismissed case. The other must decide ruined by fire and a semi-constructed whether there was sufficient evidence ; garage. Both buildings were vacant and the presented at trial to support the conviction 0 property was overcome with junk vehicles of Driving While License Suspended in the E and a large amount of garbage. Criminal Third Degree. ° charges were filed against the owner's The Washington State Supreme Court agent for maintaining a public nuisance accepted discretionary review of an appeal a after civil code enforcement proceedings on the issue of whether the City validly were unsuccessful, which prompted the prosecuted a defendant for obstruction of removal of garbage and junk vehicles, but justice when the defendant refused to open Q. the dilapidated structures remained, and his residence to police seeking to make a over time the garbage began to warrantless entry based on a report of ) L accumulate again. With the trial date domestic violence. U looming, the defendant finally demolished Continued to assist the Clerk's office with o the structures, installed a fence around the public records requests as needed, and > perimeter to prevent unlawful entry, and is Public Works, ECD, IT and Parks with a currently working to clear the property. number of high priority contracts and N The neighbors are relieved to see this development projects, including property E public nuisance abated. rights and access issues involving Naden E • Prosecutors continue to successfully Avenue. w navigate the new world of conducting court Assisted the Clerk's Office in preparing the 2 hearings via Zoom and coming up with new agenda for the City Council meetings and U ways to promote offender accountability Committee of the Whole meetings. c without their presence in the courtroom. Assisted the HR Department in a number of Through January 25, 2021, Prosecutors sensitive employment and labor related •2 appeared at 49 court calendars, with a matters. 14% Failure to Appear (FTA) rate, and E have 19 additional calendars scheduled PARKS, RECREATION, AND U prior to the month's end. Prosecutors have COMMUNITY SERVICES also handled 36 new in-custody cases and 145 daily out-of-custody filings and Recreation and Cultural Services reviewed over 57 hours of body worn A Public Art selection panel is currently camera video footage. Jury trials have reviewing artist applications for the new been suspended since the November trial Downtown Rotating Mural Program. The term and remain suspended pending panel is comprised of two Arts further notice. Commissioners, a professional artist, a City Councilmember (Councilmember Fincher), Page 4 of 9 Packet Pg. 7 5.6 two Kent Downtown Partnership representatives, and two downtown property owners. They will select finalists Significant crime activities/arrests to develop proposals for two murals to be /investigations installed in the downtown core. Projected On January 14 at 6:35 pm, patrol was installation is summer 2021. dispatched to a Train vs. Pedestrian • The Kent Creates "Looking Forward" exhibit accident in the 800 block of 1 AVE N and encourages artists and creative minds to the Burlington Northern Rail. According to submit their work focused on the theme of the conductor, the victim laid down on the looking forward to a New Year and brighter tracks just before a southbound train hit future. The deadline for this exhibit is the male in an apparent suicide. Downtown March 31. traffic was affected for a few hours. • The Recreation Division is offering STEAM On January at 8:45 pm, Renton PD advised Activity Bags filled with fun (and delicious!) of a male at Valley Medical with a gunshot co Valentine's Day themed-activities perfect wound. The victim stated he was shot in for families with kids age 4-10. Each Kent in the area of the bus stop at STEAM Bag will include science activities, 2401h/Pacific Hwy S. The victim had non- ; art projects, goodies, a decorate-your-own life-threatening gunshot wounds to the U Valentine cookie kit, and more. Families hand and leg. The victim would not provide c must pre-register to receive a bag, which any details to what occurred and was they may pick up on Thursday, February uncooperative. 11th from 4-6 pm at the Kent Commons On January 15, at 11:05 pm, an armed Community Center. robbery occurred at the McChevron which W • Recreation Coordinators hosted their preceded the pursuit and fatality collision in r largest turnout for eSports events on the following case. In this case the suspect Q. January 15. Staff created two tournaments asked for cigarettes and pulled a gun on W and ran them simultaneously. This is the the clerk while he turned to get them. After L type of growth staff have been anticipating getting the merchandise he hung out in the and we look forward to increased store for a while to the point where the in the future. The addition of participation clerk asked him if he was going to leave. a) prizes for the winners was a bonus. On January 16, at 12:09 am, a suspect Tournament winners received a "We Are brandished a gun demanding cash at East N Kent" mug or a Kent face mask. Hill Market and fled before PD arrived. • Staff have partnered with Puget Sound Officers saw the vehicle in the area and Educational Services District and Mill Creek attempted to stop it. The vehicle fled the w and Meeker Middle school to offer the stop, lost control, crashed into a tree, and 2 second virtual cooking program for split in half. The driver was deceased at the U participants and their families. The first scene after lifesaving efforts failed. The c class was a huge success and families are officers confirmed this was in fact the a thrilled that the program is being offered in suspect in both robberies and collected .c the new year. Kent Parks Staff create the evidence confirming this, including a black =E menu and lead the ZOOM cooking class BB type gun near the scene. c while our PSESD partner hosts the session On January 16, at 11:08 am. A teacher U and provides food supplies for anyone that reported she was running a ZOOM meeting needs them. Cooking is the core focus of for African Preschoolers in the "First Five this program but students also gain skills in Years" program. There were nine devices teamwork, family socialization, math and logged on to start. A short time later a nutrition. Who's ready to make and try white female appeared and yelled shut up' some Tofu Pad Thai? over and over. Then about 45 other devices/people logged on. Many yelling racist words. One person with an Arabic accent posted several photos of black Page 5 of 9 Packet Pg. 8 5.B males killed by the police, and another inside the apartment. Forced entry was male exposed his buttocks. The incident made into the bathroom. The suspect was recorded and forwarded for fought with the officers. As he resisted investigation. It appears the ZOOM arrest, after a couple of taser applications, meeting link was leaked on Twitter. he was handcuffed, transported to King • On January 18, at 7:56 am, a female was County Jail and booked. outside at Atrium Apartments, smoking, On January 24, at 1:04 am, Patrol initiated when a group of unknown individuals asked a sex crime investigation that had just for a cigarette. She refused and a verbal occurred involving a 5-year-old victim and altercation ensued. The victim's boyfriend 14-year-old suspect at the Silver Springs walked out of the apartment and apartment complex. The victim was taken confronted the suspects about scaring the to Children's Hospital for a sexual assault female. One of the group pulls out a gun, evaluation. Detectives are investigating. a points it at the boyfriend and states he is On January 24, at 6:50 am, officers with a "Tukwila set" and that he was a responded to the Midtown Apartments for a = M "shooter" inferring he was in a gang. report of a female being stabbed. They Another suspect then began reaching into located an unresponsive 20-year-old ; his jacket implying he was reaching for a female with an apparent stab L) gun as well. Officers located the fleeing wound. Lifesaving measures were E suspect vehicle and followed it as it got administered by both the officers and ° onto NB 167, where a high-risk stop was medics, but the female succumbed to her conducted. Two of the four suspects were injuries and was pronounced deceased at a arrested, and the vehicle was taken the scene. The suspect refused to come out awaiting a search warrant as a gun could of the apartment. The male was armed V_ be seen on the floorboard. with an AR-15, so SWAT and negotiators a • On January 22, at 7:20 am, officers were were notified and responded to the scene. dispatched to an armed robbery in As negotiation attempts for surrender ) L progress in the 24400 block of 109t" PI continued, SWAT inserted gas into the SE. After being gone for three days, the apartment. Once the gas was inserted, the o homeowner returned to find the house 24-year-old suspect immediately exited the > ransacked. He found a suspect on his apartment and was taken into custody couch with both of the homeowners AR-15 without further incident or force. N rifles beside him. The homeowner quickly •9 grabbed one, then the suspect grabbed the PUBLIC WORKS other. The two remained in a standoff while a the homeowner called 911. A short time Land Survey/PW GIS: a later after the house had been surrounded Land Survey field staff are staking on by officers, the homeowner agreed to exit active capital improvement projects. c the house. Once he exited, officers Topographic mapping for multiple W reported hearing a single gunshot from Environmental & Design Engineering inside the residence. Moments later a 20- projects are now being completed as year-old male exited the rear of the house requested. E carrying an AR-15. Officers at the rear of Land Survey office staff are reviewing U the house challenged the suspect who project plans, calculating, mapping and dropped the rifle and was taken into writing legal descriptions for current and custody. future capital projects. City Surveyor is • On January 22, at 9:44 pm, Patrol was calculating and creating professional briefs dispatched to Berkley Heights Apartments regarding disputed rights of way for Law for an injured female who was locked in a Department. bathroom and had been involved in a fight Assistant City Surveyor has retired from with her boyfriend where she was strangled city employment after 30 years and will be to unconsciousness. The suspect was still Page 6 of 9 Packet Pg. 9 5.6 missed. Working with HR to hire • Meet Me on Meeker sidewalk/Riverbend replacement. Driving Range improvements: final • GIS staff are supporting asset management electrical and signage is being installed this software processes & updating data week and will likely continue into next. models. Staff continue fulfilling Public • 125k reservoir recoating and fall Protection Records Requests, entering CIP and Private improvements: the final review/training for Development project as-builts and the electrical and fall restraint systems are developing maps for Public Works scheduled for Wednesday (1/27). Tank operations. filling is scheduled to begin on February 1. Construction: Final site restoration will follow completion • 2281" St. Union Pacific Railroad Grade of the site restoration work (weather Separation Bridge and Roadway (Ph 5 of permitting). 5): Willis Street and 4t" Ave S Roundabout: o Scarsella and Wilson concrete "Kent" lettering was installed on Friday. � completed three roadway pours week Concrete sandblasting of the wall around = ending 1/23/21, two on West side, one the art on east. Three pours are scheduled this feature in ; week on West side, but current weather the center of ' L) forecasts are not ideal. Four pours the E remain to complete West side concrete roundabout ° paving. is taking >`' IL0 o SB structures carpenter crews continue place this 0- working diligently on the East side week. Final - moment slab and barrier. Poured electrical - another section of NE-1 barrier, one installations 0 section of SE-2 barrier and first section are of SE-1 moment slab this week. Harris scheduled to - N rebar scheduling has been challenging, begin the week of February 15. Landscape they will be tying rebar for SE-1 installation is ongoing. All lanes and o moment slab Saturday, 1/23/21 to adjacent streets are open to traffic with > allow embedded conduit placement to intermittent lane closures during regular continue early next week. Two daytime hours. N barrier/moment slab pours are • 76t" Avenue South Improvements: Sealing •c scheduled for this week, weather of the construction joints in the concrete E permitting. Finish crews continue roadway is underway (weather permitting). w following carpenter crews sacking and Landscape work is ongoing. Street sign patching walls. Drilling for ped rail installation is complete. 76t" Ave is now anchors on top of barrier continues open to two-way traffic. Intermittent c throughout. daytime closures will continue. W o Totem Electric continues placing light pole base embeds and conduit ahead of barrier pours. Hoping to be standing E lights at bridge bases next week if AB's U arrive as scheduled. o Scarsella �. continues adjusting castings ahead of new ' concrete paving and grading subgrade. Page 7 of 9 Packet Pg. 10 5.6 • Meet Me on Meeker (Russell - GRE) her all required supporting documents. sidewalk improvements: electrical Mike, Brian, and Derek met with two of the underground work is ongoing. Forming, three District Board Members' staff on reinforcing, and pouring the backside of the Friday 1/22/21 and have the last meeting new sidewalk (thickened edge) is ongoing. schedule with staff of the third this coming The second pour is scheduled for Thursday Wednesday in order to update them about (1/28). Placement and grading crushed the project. Accordingly, they will update rock for new sidewalk will be taking place their respective Board Member prior to this week as weather permits. Curb & Mayor's contact. gutter on the North side of Meeker St. is • Mill Creek at 761" Ave flood protection scheduled for Thursday (1/28) improvements: proceeding with 30% • 2020 Sanitary Sewer CIPP Lining: contract design. Evaluating project elements that work has proceeded this week. The crew can be completed prior to Corps a will be on 38t" Ave S North of Reith Rd and permit. Tribes letter sent for Mayor's CO S 252nd PI & S 252nd S South of 42nd Ave S signature. Metro letter sent out last this week. Lining will continue next week week. Received JARPA plans. Will be sent on 42nd Ave S between S 252nd PI and S to Corps this week. 248t" St. Environmental: 0 • James Street and 2nd Avenue pedestrian Wellhead protection - staff is negotiating a E crossing: the preconstruction meeting took contract with Pacific Groundwater Group to 0 place on Friday, January 22. Due to the update the Kent Wellhead Protection procurement of long lead materials, work is Program. This is necessitated by the a scheduled to begin on April 12. Material requirement to update plan sections submittals are being received and reviewed related to potential contaminant sources. in the meantime. Statewide plastic bag ban - Governor a Design: Inslee has postponed the beginning of the • West Hill reservoir: received finalized statewide bag ordinance due to the ) L permits for tank, buildings and generator. continuation of the pandemic until January 41 public outreach postcard final review 31, 2021. May get extended. o underway. Lower Russell Levee - some utility • 2021 contracted overlays: work on construction still ongoing, with the large complete streets evaluation and associated amount of the levee project going into N estimates is underway. Field measuring construction this summer managed by King :c repair areas and curb ramps. Preparing County. We are working on mitigation E estimates. requirements for an access road from the w • 2021 Water main replacement(s): nursery to the red barn. elimination of pioneer from the scope of Transportation: U work in order to coordinate with future The City continues to experience significant c Sound Transit garage project. theft of copper wire from the streetlighting Determination of concrete vs asphalt to system. We replaced more than five miles •2 replace during construction being of stolen wire in 2020. Staff have been discussed. May include Veterans Drive welding junction box lids closed for several c watermain in front of Alexan Gateway. years. Wire thieves are now pulling the U • Signature Pointe projects: without a new junction boxes out of the ground to gain interlocal agreement (ILA), design access. We are starting to pour additional has slowed down. Remaining work concrete around junction boxes when they authorized under the current ILA is on hold are reinstalled. We are considering until conversations between stake changing our wire standard from copper to holders can be held and new ILA aluminum to try and reduce wire theft. signed. Meeting with Mayor to introduce Streets: her to the details of the project so she can Street maintenance crews will grind and work to gain political support and provided repair sidewalks on 1st Ave N, SR 181,66t" Page 8 of 9 Packet Pg. 11 5.6 Ave S, S 231s' St and 71St PI S, clean Water: sidewalks on 116t" Ave SE, sweep Staff continue to focus on maintenance shoulders on 132nd Ave SE and SE 2561" St, activities including fire hydrant exercising clean shoulders on Russell Rd, shoulder and water main isolation valve exercising in repair at 25453 Lake Fenwick Rd, repair the northern valley portion of the water sidewalk with hot mix at 10634 SE 236t" PI system. Our 125,000-gallon tank recoating and clean jersey barriers on Canyon Dr. and structural improvement project is • Signs and Markings crew will install bases getting close to wrapping up. Interior and and signs for the retro reflectivity program exterior coating is complete and a new fall on 98t" Ave S, S 240t" St Lenora Ave, restraint system has been installed. Summit Ave and James St, install signs Following the completion of some electrical and bases on S 240t" St and S 200t" PI and wiring, the tank will be refilled, water install bases on 134t" Ave SE. Solid Waste tested and tank placed back into service. crew is removing debris and illegal signs on Water main cleaning will continue, on the Cl) 25t" Ave S and SE 208t" St and graffiti Kent East Hill in the area of 114t" to 121St = removal on the Don Wickstrom Bridge, Salt and from 2641" to 2615t Dome and S 228t" St sound wall. Storm/Sewer: ; • Water vegetation crews will be clearing Storm crews will be cleaning storm lines for 0 debris at West Hill sites, Kent Springs, 2021 overlays on Lake Fenwick Dr and E Clark Springs and Pump Station #5. Street 116t" Ave SE, clear outfall on SE 202nd St, ,° vegetation crews will perform storm manhole change out at 23611 94t" Ave S, cleanup and excavation, soil replacement, install asphalt berm at 26610 137t" Ave SE, a planting and mulching on the 6t" and Gowe install catch basin on SE 202nd Ave and S planted beds. The sidearm crew will be 200t" St and cut root from storm line on V_ mowing on SE 240t" St, 124t" Ave SE, 94t" 124t" Ave SE. The crew will also be a Ave S, SE 224t" St, SE 225t" St, S 222nd St performing National Pollutant Discharge and 100t" Ave S and fence repair on 132nd Elimination System (NPDES) assessing on ) L Ave SE. The wetland mitigation crew will be S 196t" St and S 200t" St and pumping on 4) planting at the Downey project, remove S 196t" St and S 188t" St. o blackberries from the GRNRA cottonwood Sewer crews will perform Millcreek pump forest, remove blackberries, transplanting seal replacement, troubleshoot Foster Park and cutting at the Leber property and KOA generator fail and TV inspection on the N planting project. The wetland maintenance existing sewer and storm 2021 overlays on •c crew will be mowing and line trimming 72nd 100t" Ave SE, SE 208t" St, Jason Ave and E Ave diversion channel on S 228t" St, 72nd James St. w Ave Weir on 72nd Ave S, Boeing Creek on S Fleet/Warehouse: °' 212t" St and S 208t" St, ShoWare Center . The Warehouse crew continues to maintain U on 4t" Ave S, 256t" Flume on 146t" Ave SE, the shops yard keeping it clean and picked c Horseshoe Bend on 80t" Ave S, Haley's up and maintaining the wash rack, Ridge on 1071" PI SE, Nancy's Grove on assisting with CDL training, issuing 145t" Ave SE, McKenna Meadows on 124t" Personal Protection Equipment (PPS's), Ave SE and Rhododendron Estates on 124t" issue hydrants and public notice boards to c Ave SE. The holding pond crew will be contractors, repairing small equipment as U removing trees from Begonia Place on needed, receiving parts and inventory 129t" Ave SE, Cedar Pointe on SE 253rd St, orders, inventory and manually open and 981" Ave holding pond on 100t" Ave SE, close broken East Gate. Mack Park on SE 264t" St and 266t" PI, • Fleet crews will receive and prep new 12- mow and line trim on SE 240t" St and yard trucks, new vehicle set ups, scheduled remove brush from Sophia Glen bioswale and non-scheduled maintenance and City on 92nd Ave S. Space write ups. The Radio Shop is programing radios, data entry and setting up new vehicles. Page 9 of 9 Packet Pg. 12 8.A.1 Pending Approval City Council Workshop • Workshop Regular Meeting KENT Minutes WAS M IN G 7 0 N January 19, 2021 Date: January 19, 2021 Time: 5:02 p.m. Place: THIS IS A REMOTE MEETING I. CALL TO ORDER Council President Troutner called the meeting to order at 5:02 PM. Attendee Name Title Status Arrived Toni Troutner Council President Present o Bill Boyce Councilmember Present Brenda Fincher Councilmember Present 'o L Satwinder Kaur Councilmember Present a Marli Larimer Councilmember Present Q Zandria Michaud Councilmember Present Les Thomas Councilmember Present a 0 Dana Ralph Mayor Present R LO II. PRESENTATIONS 0 N 1 Communications Update Bailey Stober 30 MIN. c M Communications Director, Bailey Stober provided a 2020 year in review and 4- look ahead to 2021 for the Communications Department. In 2020 the largest and most successful State of the City address in history of Kent was held at Blue Origin. Following the State of the City, much of 2020 surrounded the COVID Campaign. The COVID Campaign included messaging reinforcing compassion and empathy, 10 face mask and hand sanitizer pop-up events in which 44,000 face masks and 20,000 bottles of hand sanitizer were 2 distributed and the creation and distribution of mailers, billboards and other various communications providing information on testing locations, best a practices and links to resources for the community. r c Stober discussed the new KentWorks application that launched in September of 2020 that allows residents to submit service tickets and get questions answered. He noted how successful the application has been in just the first few months following the launch. He also provided information on Kent 101 and the increased interest there has been in this course. Over 130 applications were received for Kent 101 and 50 residents will be chosen to participate. Stober also mentioned the 2020 Census and the targeted outreach to underserved communities that was done encouraging residents to complete the census. Stober reviewed the changes that were made due to COVID pandemic such Packet Pg. 13 8.A.1 City Council Workshop Workshop Regular January 19, 2021 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... as adaptations to events and celebrations that have historically been in person in order to accommodate restrictions and encourage attendance. Along with these changes he discussed a reorganization of the Communications Team. Stober provided information on race and equity training for directors, supervisors and managers and the newly created Race and Equity Manager position. He noted that the work in this area in ongoing. Stober highlighted positive earned media, livestreams and simulcasts for 2020, printshop projects, an overview of the new Ivanti system and design projects that the team worked on in 2020. 4- 0 R Stober then provided information about what is to come in 2021. He noted o that the State of the City for 2021 will be an all virtual livestreamed event a featuring local businesses. He provided a brief outline of the Communications a Plan for the coming year to include expanding online services, revamping the Neighborhood Program, updates to Boards and Commissions, various new a 0 social series and the implementation of multiple new systems. Li Councilmember Kaur inquired about the sustainability of the social series N items that were discussed. Stober noted that much of the items can be done well in advance so that there is content for the year in its entirety. Councilmember Kaur provided some community feedback on the mask designs as well as translations on flyers. 0 a� r Councilmembers Boyce, Fincher and Larimer commended Bailey and his team c on a job well done. 2 Kent Housing Options Plan Hayley Bonsteel 30 MIN. Kaelene Nobis 2 a� Long Range Planning Manager, Hayley Bonsteel and Planner, Kaelene Nobis y provided a presentation on the Kent Housing Options Plan. 2 Bonsteel discussed the rapid growth in the region's population and how it is growing much faster than housing units are being built as well as the need for more housing units that people can afford, and more of a variety. She discussed what the City can do to meet the needs of the growing population through codes and policies. Nobis reviewed housing options such as duplex and triplex, 4-plex, cottages, townhomes, small apartments and courtyard apartments. She discussed a range of possible code interventions to allow these various housing options in more areas in Kent. Additionally, she discussed accessory dwelling units ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 3 Packet Pg. 14 8.A.1 City Council Workshop Workshop Regular January 19, 2021 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... (ADU's) both attached and detached and what changes can be made to allow the construction of more of these housing options. Nobis reviewed the public feedback that has been received up to this point. She highlighted the top 4 choices for housing options: small cottages, townhomes, ADU's and duplex/triplex. She also highlighted what the respondents have identified as the top 3 priorities to house everyone; more access to home ownership, more affordable housing and more units to house vulnerable populations. a� r Councilmembers Kaur, Boyce and Fincher all appreciate and agree with the need for more of a variety in housing options. — CE Councilmember Larimer is excited to remove barriers to development and o inquired about how the City will communicate to developers our desire to a build a variety of housing options. Bonsteel noted that it is all about a developing stronger relationships with developers and facilitating conversations about it. a 0 0 LO Councilmember Michaud inquired about minimum lot size for ADU's, in which N there is no minimum but there is a one stall parking requirement. N 3 Quarterly Sound Transit Updates: Kelly Peterson 30 MIN. a' Federal Way Link Extension and Matt Gilbert a Downtown Parking Garage - a� r Economic and Community Development Deputy Director, Matt Gilbert provided a brief update on the downtown parking garage. This parking garage will have 534 stalls and will also include local bus, pedestrian and traffic improvements. In January of 2020 the City and Sound Transit agreed to the project location but then planning was paused in spring of 2020 due to COVID-19. As of September 2020 the planning has started again, but at a a much slower pace but it is moving forward. Sound Transit and the City are currently negotiating the terms of a Development Agreement. 2 Meeting ended at 6:34 p.m. Ki,mbeAey A. Ko-vwto- City Clerk ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 3 Packet Pg. 15 8.A.2 Pending Approval Kent City Council • City Council Regular Meeting KENT Minutes WAS M IN G 7 0 N January 19, 2021 Date: January 19, 2021 Time: 7:04 p.m. Place: THIS IS A REMOTE MEETING 1. CALL TO ORDER Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name JW Title Status Arrived Dana Ral h Ma or Present > Toni Troutner Council President Present a Bill Boyce Councilmember Present Q- Q Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present a. Marli Larimer Councilmember Present c Les Thomas Councilmember Present Zandria Michaud Councilmember Present c N 3. AGENDA APPROVAL c A. Approve the agenda as presented. 4- 0 RESULT: APPROVED [UNANIMOUS] r MOVER: Toni Troutner, Council President 0 c SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud c 0 a 4. PUBLIC COMMUNICATIONS A. Public Recognition a as 1. Proclamation for Human Trafficking Awareness and Prevention Day Mayor Ralph read the proclamation for Human Trafficking Awareness and Prevention Day and commended the Kent Police Department's work with Kent Youth and Family Services in the efforts to end human trafficking. B. Community Events Mayor Ralph advised that the Kent Police Youth Board is hosting a free event, Mental Health for Dinner on Thursday at 6 p.m. which will include a presentation providing young adults with coping skills. C. Public Safety Report Kent Police Chief, Rafael Padilla provided Council with the Public Safety Packet Pg. 16 8.A.2 Kent City Council City Council Regular Meeting January 19, 2021 Minutes Kent, Washington Report. He began by introducing the new Corrections Officer Roshani Anderson, providing a Chief's Award of Citizen Commendation to Dauntless Security Officer Jack Reale who assisted in locating a car jacking suspect using his drone. Scott Lind, Glenn Lin and Nestor Castillo-Valdez were awarded Chief's Award of Citizen Commendation following a dangerous purse snatching incident at the Great Wall Mall. Chief provided an update on the fatal collision that resulted after an armed robbery on the Kent East Hill. a� r Chief provided Council with an update on the arson on City Hall campus and noted that there is no known motive yet and is currently still under investigation. 0 CE Chief reviewed the year end statistics and discussed alarming upward Q spikes in crime rate from 2019 to 2020. He also noted that vehicle thefts a are considered a property crime and due to COVID, there are fewer bookings into the jail for this offense. He also reviewed in detail the 2020 a verified shooting statistics for 2017 through 2020. o Chief also noted an upcoming race and equity discussion in light of recent N events and said Council will be given an update at the January 26th Committee of the Whole meeting. The same matter will be discussed on January 27th with the Race and Equity Board. 4- 0 5. REPORTS FROM COUNCIL AND STAFF a r A. Mayor Ralph's Report Mayor Ralph serves as the Vice Chair for the Transportation Policy Board in which $14.4m in grant funds were awarded for the West Seattle Bridge. a a� Mayor Ralph testified at the Senate Ways and Means and House Appropriation Committee regarding streamlined sales tax, requesting the a legislature fund through the budget or discuss the bill again during this 2 legislative session. Mayor Ralph discussed a meeting with King County Public Health and how the City is working closely with the County to make clear Kent's desire to partner with them on the upcoming need for mass vaccinations. She also noted that the City is working closely with the Puget Sound Regional Fire Authority regarding their ability to stand up strike teams to go into long term care facilities and nursing homes to ensure the most vulnerable are receiving vaccinations. B. Chief Administrative Officer's Report ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 6 Packet Pg. 17 8.A.2 Kent City Council City Council Regular Meeting January 19, 2021 Minutes Kent, Washington Chief Administrative Officer, Derek Matheson discussed the upcoming Council retreat on February 5t" from noon to 5 p.m. He noted that this meeting will be entirely virtual and that the agenda is being compiled still. Topics to be discussed will be: Mission, Vision, Goals, Committee of the Whole format, Boards and Commissions, Rental Housing, Communications and House Bill 1590. Matheson also reviewed the legislative priorities: - Streamline sales tax - Race and Equity - 228th/224th/218th corridor - Meet Me on Meeker Project - Gateway to Kent - Willis Street greenway o - Panther Lake community park 0 L Matheson noted that Race and Equity Manager, Uriel Varela will present at a the Committee of the Whole providing an initial process for the strategic plan on race and equity. a 0 0 Matheson added that there will be an executive session to discuss current or potential litigation, anticipated time of 15 minutes with no action following o the session. N C. Councilmember's Reports Council President Troutner provided a recap of tonight's workshop 4- presentations including a Communications Update, presentation on the Kent a� Housing Options Plan and a Sound Transit update regarding the downtown c parking garage. The public can view the meeting via the meeting portal on the City's website. Councilmember Michaud serves on the Kent Human Services Commission, there is a meeting this Thursday at 3 p.m. where there will be three public hearings regarding CDBG funds. a Councilmember Kaur serves as the Chair for the Puget Sound Clean Air r Advisory Council in which they discussed transportation climate planning. She discussed a presentation on bills related to climate change and how the board can support them. Councilmember Kaur noted that she has been attending the King County Public Health weekly meetings on faith-based organizations and how they have been impacted and how King County can support these organizations to reduce COVID transmissions. Councilmember Boyce serves as the Vice Chair on for Public Issues Committee. The last meeting was more of an orientation where they discussed Mission, Vision, Values, Guiding Principles, Responsibility of the ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 6 Packet Pg. 18 8.A.2 Kent City Council City Council Regular Meeting January 19, 2021 Minutes Kent, Washington board. Boyce mentioned that Mayor Ralph is the outgoing President and talked about assuming positive intent when people are discussing topics so there are no surprises and everyone has each other's backs. Boyce said that incoming President, Ed Prince talked about continuing the racial and social justice series. Councilmember Thomas serves on the Puget Sound Regional Fire Authority and noted that the meeting will be held January 20, 2021 at 5:30 p.m. at Station 78 in Covington. Councilmember Fincher serves on the Kent Arts Commission and noted that r the Kent Creates art contest will run through April 30t" at KentCreates.com and the theme is "Looking Forward." � 4- Councilmember Fincher serves on the King Conservation District where they ° CE reviewed food program grants and will pass recommendations onto the 0- supervisory board for approval. a a 6. PUBLIC HEARING a None. o 7. PUBLIC COMMENT c N None. c S. CONSENT CALENDAR 4- Approve Consent Items A - E. N a� r RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President ai SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 2 a a� A. Approval of Minutes a 1. Council Workshop - Workshop Regular Meeting - Jan 5, 2021 5:00 PM 2 2. City Council Meeting - City Council Regular Meeting - Jan 5, 2021 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Jan 12, 2021 4:00 PM B. Payment of Bills - Authorize ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 6 Packet Pg. 19 8.A.2 Kent City Council City Council Regular Meeting January 19, 2021 Minutes Kent, Washington MOTION: Authorize the payment of bills received through 11/15/20 and paid on 11/15/20, the payment of bills received through 11/30/20 and paid on 12/3/20, the payment of bills received through 12/15/20 and paid on 12/15/20, and the payment of bills received through 12/31/20 and paid on 12/31/20, and approve the checks issued for payroll 11/1/20- 11/15/20 and paid on 11/19/20, the checks issued for payroll 11/16/20 - 11/30/20 and paid on 12/4/20, the checks issued for payroll 12/1/20-12/15/20 and paid on 12/20/20, and the checks issued for payroll 12/16/20-12/31/20 and paid on 1/5/2021, all audited by the Committee of the Whole on January 12, 2021. C. Contract Amendment with Summit Food Services for Inmate ° Food Services at the City of Kent Correctional Facility - o Authorize a a MOTION: Authorize the Mayor to sign a contract amendment a with Summit Food Services to provide inmate food services at a the City of Kent Correctional Facility through December 31, o 2023, and apply the terms of that amendment retroactively to January 1, 2021, subject to final contract terms and conditions N acceptable to the City Attorney and Police Chief. N D. Introduction of an Ordinance Granting a Franchise to Soos a' Creek Water & Sewer District MOTION: Introduction of Ordinance No. 4388, granting a non- o exclusive 10-year franchise to construct, maintain, operate, 2 replace and repair a water and sewer system within public c rights-of-way of the City of Kent. E. Accept the East Valley Highway Preservation - South 180th Street to South 196th Street Project as Complete - Authorize a a� MOTION: Authorize the Mayor to accept the East Valley Highway Preservation South 180t" Street to South 196t" Street y Project as complete upon receipt of standard releases from the State and the release of any liens. 9. OTHER BUSINESS None. 10. BIDS None. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION At 7:55 p.m. Council entered executive session with an anticipated time ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 6 Packet Pg. 20 8.A.2 Kent City Council City Council Regular Meeting January 19, 2021 Minutes Kent, Washington of 15 minutes. At 8: 10 p.m. executive session was extended for 20 more minutes. At 8:27 p.m. Council returned from executive session, no action followed. A. Current or Potential Litigation, as per RCW 42.30.110(1)(i) 12. ADJOURNMENT Mayor Ralph adjourned the meeting at 8:28 p.m. Meeting ended at 8:28 p.m. 0 X t*d)-erley A. Xcm oto- o 0 City Clerk a Q a. 0 0 ti r N O N r C R 4- 0 N N r 7 C N V C O Q N V V Q N d 7 C ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Page 6 of 6 Packet Pg. 21 8.A.3 Pending Approval Kent City Council - Committee • of the Whole KENT Committee of the Whole - WAS M IN G 7 0 N Regular Meeting Minutes January 26, 2021 Date: January 26, 2021 Time: 4:02 p.m. Place: THIS IS A REMOTE MEETING d 1. CALL TO ORDER c Council President Troutner called the meeting to order. 0 2. ROLL CALL Attendee Name JL i Status Arrived 0 Toni Troutner Council President Present 0- Q Bill Boyce Councilmember Present Brenda Fincher Councilmember Present a. Satwinder Kaur Councilmember Present c Marli Larimer Councilmember Present Zandria Michaud Councilmember Present c Les Thomas _ Councilmember Present "' Dana Ralph Mayor Present N c 0 Mayor Ralph was also in attendance. o a� 3. AGENDA APPROVAL No changes. as 4. DEPARTMENT PRESENTATIONS o a A. Payment of Bills - Authorize MOTION: Authorize the Payment of Bills received through N 1/15/21 and paid on 1/15/21 and approve the checks issued for payroll 1/1/21-/15/21 and paid on 1/20/21, all audited by the Council during the 1/26/21 Committee of the Whole meeting. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/2/2021 7:00 PM B. INFO ONLY: November Financial Report Financial Planning Manager, Michelle Ferguson presented details on the November 2020 financial report. She reviewed general fund revenues and discussed the general fund year-to-year monthly comparison. She gave a Packet Pg. 22 8.A.3 Kent City Council - Committee of the Whole January 26, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes brief overview of other funds, revenues and expenditures in which she noted there are no huge variances. C. INFO ONLY: 2021 Insurance Program Update Risk Manager, Chris Hills provided an update on the 2021 insurance program. He spoke about the social and economic issues that are currently driving the insurance industry such as the pandemic, social unrest and an increase in ransomware attacks nationwide. He reviewed the inflation of loss development due to jury verdicts across the country and how five years ago, N the increased numbers would be unheard of, but today they are more of the 2 norm. 4- Hills discussed the liability insurance renewals major terms and conditions ° and the premium cost increase from $677,117 to $947,963. He reviewed the o liability insurance premium increases historically from 2003 to current. a a a Hills reviewed excess workers' compensation and discussed the reasoning behind the increased annual premium. After two years of a static premium, a the nationwide events surrounding law enforcement, coupled with the City's o loss history the premiums have jumped almost 50%. N D. Ratify HP Laptop Purchase Utilizing CARES Act Funds - N Authorize N Infrastructure and Security Operations Center Manager, James Endicott gave M a brief presentation requesting approval to ratify the HP laptop purchase — utilizing CARES act funds. In July of 2020, the Information Technology Department requested to purchase 500 laptops and docking stations to allow staff to work from home during the pandemic. Since then, 370 users were provided Microsoft Surface Laptops and 65 users were identified as requiring higher computer processing equipment of which the Surface 3 could not provide. This ratification would expand the scope of the project to allow for a the purchase of computer processing equipment through Microsoft as well as Hewlett Packard Enterprise. a a� r ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 6 Packet Pg. 23 8.A.3 Kent City Council - Committee of the Whole January 26, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes MOTION: Authorize the ratification of the purchase of 65 laptops, docking stations, and associated software and accessories utilizing CARES Act funding through a cooperative purchasing agreement administered by NASPO ValuePoint and entered into between Hewlett Packard Enterprise and the State of Minnesota as the Lead Agency; amend the budget as may be necessary to authorize that purchase using grant funds; and authorize future purchases of computer equipment and associated accessories and services through that same cooperative purchasing agreement if those purchases can be made within the City's established budgets and during the term S of the master agreement, which is currently in effect through 4- July 31, 2021. ° CE 0 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/2/2021 a 7:00 PM Q E. Ordinance Amending Chapter 9.02 "Criminal Code" of the Kent a City Code - Adopt City Attorney, Bijan Hughes discussed the amendment of Chapter 9.02 of the N Kent City Code to incorporate new crimes adopted by the state during the N 2019 and 2020 legislative sessions. The new offenses being adopted include: N fraud related to vital records; failure to appear or surrender; possession of firearm on licensed child care center premises; intentional HIV transmission; 4- violation of an STD health order; impersonating a census taker; various vapor product licensing offenses; provision of marijuana to a minor by a 2 retail employee; unlawful tender offers; unauthorized trust activities; unsafe =_ storage of a firearm; possession of an undetectable or untraceable firearm. Hughes noted that adopting the amendment to this ordinance will remove a potential procedural barrier for prosecuting state crimes. 2 MOTION: Adopt Ordinance No. 4389, amending Chapter 9.02 of the Kent City Code to incorporate new crimes adopted by the a state during the 2019 and 2020 legislative sessions. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/2/2021 7:00 PM F. WSDOT Local Bridge Program Grant - Authorize Design Engineering Manager, Carla Maloney discussed the Washington State Department of Transportation local bridge program grant opportunity to be used for the Meeker Street and South 212th Street bridges crossing over the Green River. She indicated that applications are due February 19t" and would allow up to $3 million per bridge to be awarded Fall/Winter of 2021. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 6 Packet Pg. 24 8.A.3 Kent City Council - Committee of the Whole January 26, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes Maloney reviewed the local agency funding summaries for the Meeker Street bridge as well as the South 212th Street bridge. MOTION: Authorize Public Works staff to seek Federal grant preservation funding through WSDOT's Local Bridge Program for the Meeker Street and South 212th Street bridges crossing over the Green River. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/2/2021 7:00 PM N m c G. INFO ONLY: Adopt-a-Street/Spot 2020 Summary 4- Public Works Conservation Coordinator, Toni Donati provided a brief 0 presentation on the 2020 Adopt-A-Street/Spot Recognition. In 2020 there o was a total of 64 groups (621 volunteers) who participated in the programs a and a total of 693 bags of trash were collected with a total of 1,071 volunteer a hours. H. INFO ONLY: Equity Strategic Planning Process Update o 0 Interim Race and Equity Manager, Uriel Varela provided Council with a presentation on the Race and Equity Strategic Plan: Planning Process. He o began his presentation by reviewing common terms related to racism and N bias and the importance in transforming institutions and structures to N achieve racial equity. M 4- 0 Varela noted that the City joined in the Pacific Northwest Cohort of the Government Alliance on Race and Equity (CARE). He provided information on GARE's theory of change which requires normalizing conversations, organizing and operational izing racial equity. He noted that four employees participated in this nine month course. a Varela reviewed the equity project matrix and discussed at length the areas of focus: Human Resources Hiring Process Review, Procurement Task Force, a Equity as a criterion in planning and Capital investment, and Enhanced a outreach from Mayor and Police Chief. He then reviewed the 6 month timeline with anticipated implementation, reporting and evaluation in July of this year. He then reviewed the 1 year projected timeline as it relates to the equity project matrix. Councilmembers were in favor of extending the timeline. I. INFO ONLY: Police Race and Equity Update Chief Padilla introduced a video that was played during the meeting. The video contained commentary on a body worn camera video of a use of force incident and lasted 40 minutes. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 6 Packet Pg. 25 8.A.3 Kent City Council - Committee of the Whole January 26, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes Councilmember Boyce left the meeting at 6:34 p.m. Councilmember Larimer requested additional research on the statement that was made indicating that because someone can speak then they are able to breathe. Councilmember Michaud inquired about the policies that are being revised, to which Chief Padilla indicated they are the Use of Force, De-Escalation and Duty to Intervene policies. Chief noted that they are currently being finalized and intends to have them published and in force within the next few weeks. Councilmember Kaur requested information on the number of officers that have been disciplined for use of force over the past few years. She also requested that there be an oversight committee for incidents such as the one o that was viewed in the body worn camera video shown. Chief Padilla CE indicated that two employees have been terminated during his time as Chief, a one in response to use of force and the second in response to disregard for a human life. Chief Padilla discussed the opportunities for improvement that he identified o during the video that was shown. Councilmember Michaud inquired about future contract negotiations with the o Kent Police Officer's Association and if there will be a policy review during N that time. Chief Padilla indicated that when there is a need for policy change N c that he does not wait for negotiations. He also noted that there are numerous police reform items going to the legislature that may end of o driving some policy changes in the near future. 2 Councilmember Larimer requested increased transparency and turnaround in providing updated policies. Councilmember Thomas left the meeting at 6:54 p.m. Councilmembers and Chief Padilla discussed a series of emails and social a a� media posts that were provided to Council in response to a public records request. The posts and emails raised some concerns by City leaders and y officials. The content of documents were discussed, as well as the response c and policies surrounding them. Councilmember Boyce re-joined the meeting at 7:24 p.m. Councilmember Fincher discussed the importance of collecting use of force data starting today. Councilmembers expressed their appreciation for the candid conversation with Chief Padilla and thanked him for his continued work toward building a better and stronger police department. 5. ADJOURNMENT ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 6 Packet Pg. 26 8.A.3 Kent City Council - Committee of the Whole January 26, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... Council President Troutner adjourned the meeting. Meeting ended at 8:03 p.m. K%4�ley A. Kcmobc- City Clerk d c 0 0 L 0. 0. Q C a 0 0 r N O N t0 N C R 4- 0 N N r 7 C O c� C O r.+ N V V Q N d 7 C ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Page 6 of 6 Packet Pg. 27 8.6 • KENT W A S M I N G T O N DATE: February 2, 2021 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: Authorize the Payment of Bills received through 1/15/21 and paid on 1/15/21 and approve the checks issued for payroll 1/1/21-/15/21 and paid on 1/20/21, all audited by the Council during the 1/26/21 Committee of the Whole meeting. SUMMARY: Approval of payment of the bills received through----- 01/15/21 and paid 01/15/21 Approval of checks issued for Vouchers: Date Document Numbers Amount 01/15/21 Wire Transfers 8586 8612 $2,970,380.69 01/15/21 Regular Checks 750516 750787 $5,280,746.70 01/15/21 Payment Plus 102910 102950 $203,835.34 Void Checks $0.00 01/15/21 Use Tax Payable $3,651.18 $8,458,613.91 Approval of checks issued for Payroll: 1/l/21-1/15/21 and paid 1/20/2021 Date Document Numbers Amount 1/20/2021 Checks Voids and Reissues 1/20/2021 Advices FR&P 463074 463083 $7,288.06 1/20/2021 $2,154,714.48 $2,162,002.54 BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 01/26/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS Packet Pg. 28 8.B RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/2/2021 7:00 PM Packet Pg. 29 8.0 1�# KENT DATE: February 2, 2021 TO: Kent City Council SUBJECT: Ratify HP Laptop Purchase Utilizing CARES Act Funds - Authorize MOTION: Authorize the ratification of the purchase of 65 laptops, docking stations, and associated software and accessories utilizing CARES Act funding through a cooperative purchasing agreement administered by NASPO ValuePoint and entered into between Hewlett Packard Enterprise and the State of Minnesota as the Lead Agency; amend the budget as may be necessary to authorize that purchase using grant funds; and authorize future purchases of computer equipment and associated accessories and services through that same cooperative purchasing agreement if those purchases can be made within the City's established budgets and during the term of the master agreement, which is currently in effect through July 31, 2021. SUMMARY: On July 28th, 2020, the Information Technology Department made a request to purchase up to 500 laptops, docking stations, and warranty at an estimated cost of $1,001,687.00 utilizing the CARES Act fund the city had received to allow city staff to work from home during the pandemic. After completing our assessment of each user and their specific computing needs, we were able to identify 370 users that could use the Microsoft Surface Laptop 3 and then a group of 65 users that had a higher computer processing requirement. With this ratification, we are still well under the original request of $1,001,687.00, however, the original request was too narrow as it only identified Microsoft as the Vendor. IT is not requesting an increase of the budget, just to expand the scope to include Hewlett Packard Enterprise. BUDGET IMPACT: Reimbursed through CARES Act funding. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Packet Pg. 30 8.0 Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Exhibit A-PA and Master Agreement MNNVP-134 and WNWNC-115 (PDF) 2. Exhibit B-HP Quote (PDF) 01/26/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/2/2021 7:00 PM Packet Pg. 31 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) Administered by the State of Minnesota (hereinafter "Lead State") a w MASTER AGREEMENT a Master Agreement No: MNNVP-134 and WNWNC-115 Hewlett Packard Company N (hereinafter "Contractor") = And State of Washington, Department of Enterprise Services (hereinafter "Participating State") L Participating State Contract#05815-014 a Page 1 of 34 0 This Addendum adds the State of Washington as a Participating State authorized to purchase from J the NASPO ValuePoint Master Agreement number MNWNC-115 with Hewlett Packard Company a through October 31, 2015 with purchasing authority transferred to N NNVP-133 Hewlett Packard, _ Inc. effective November 1, 2015. 1. Scope: This addendum covers the NASPO Computer Equipment Contract categories identified below, led by the State of Minnesota for use by state agencies and other entities authorized by M Washington State's statutes and located in the Participating State to utilize state contracts with the LO prior approval of the state's chief procurement official. Language contained here supersedes and is in addition to the language of the Master Pricing Agreement U a. Hewlett Packard Enterprise Company Computer Equipment: Category Awards: Z z Scope of Service c 1. Band 4: Server. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on the network. This band also includes server appliances. Server a appliances have their hardware and software preconfigured by the manufacturer. It Z also includes embedded networking components such as those found in blade chassis systems. a� E 2. Band 5: Storage. Storage is hardware with the ability to store large amounts of L data. This band includes SAN switching necessary for the proper functioning of the a storage environment. Ruggedized equipment is not included in the Product and Service Schedule for this band. y 3. Examples of peripherals/accessories/options: Include but are not limited to: monitors, audiovisual equipment, instructional equipment, cabling, modems, a network to support servers, storage and client applications such as routers, a switches. Software is an option which must be related to the purchase of equipment a and subject to configuration limits. Third party products are allowed to be offered as peripherals/accessories/options and may be offered only in bands w awarded. r c a� E b. Products and Services NOT allowed or provided by this Participating Addendum: r a Packet Pg. 32 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 c' c Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a 0. Page 2 of 35 0 a J • Ruggedized Devices, Printers, Multifunction Printers, Cell Phones a x • Lease Agreements, Managed Print, Cloud Service c. Use of Purchase Card is allowable at time of order placement. ch 2. Participation: Use of specific WSCA NASPO cooperative contracts by all state agencies, N political subdivisions and other entities (including cooperatives) located within the state of Ul) Washington authorized by state statutes to use state contracts are subject to the prior approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for c� participation are solely within the authority of the State Chief Procurement Official. Z z - Individual Customer: Each state agency and political subdivision, as a Participating Entity, that purchases products/services will be treated as if they were individual customers. Except to the extend modified by this Participating Addendum, each agency and political M subdivision shall be responsible to follow the terms and conditions of the Master Agreement; and they shall have the same rights and responsibilities as the Lead State has in the Master a Agreement. Each agency and political subdivision shall have the same rights to any Z indemnity or to recover any costs allowed in the contract for their purchases. The Contractor 2 shall apply the charges to each Participating Entity individually. c 0 E Political and non-profit entities within the State of Washington may use this contract without !D further process provided they have completed,filed and accepted in the Washington State's a Master Contract Agreement (MCUA) process. Use by others then those stated above is not a valid use. Use of the contract in conflict with its language is not binding on any party and y does not satisfy requirements. 0 A list of all members is available at: c http://des.wa.aovl rvices/ContractinaPurchasina/Purchasing/Pages/MasterContractsUs a a eA reement.as x a THIS AGREEMENT IS NOT FOR PERSONAL USE. x w r c m E r a Packet Pg. 33 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC a MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 Hewlett Packard Company N (hereinafter"Contractor") And a� State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a. 0. Page 3 of 35 0 r a 3. Effective Date:This PA's initial term will begin upon final executed signatures and shall be coterminous with the Lead State's(Minnesota) Master Agreement and any extensions of the a x Master Agreement. 4. Participating State Modifications or Additions to Master Agreement: Contractor and DES agree to the following modifications and additions to the Master Agreement for Computer Equipment and apply only to actions and relationships within the Participating LO Entity. Un Department of Enterprise Services(DES) State Master Contract Standard Terms and v Conditions. Z The following standard terms and conditions are added to the Participating Addendum for the 3: z State of Washington. This section consists of general provisions and terms for contracts issued by 3: the Washington State Department of Enterprise Services(DES), acting under the authority of RCW 39.26 which regulates the manner in which state agencies may acquire services. M 4.1 Contract Modifications or Additional Terms and Conditions to the Master a Agreement: > z z DES reserves the right to modify the resulting contract(including but not limited to adding or 2 deleting products, services, or delivery locations)by mutual agreement between DES and the 5 a� Contractor, as long as such modification is substantially within the scope of the original E contract. Such modification(s)shall be memorialized in a signed,written document, (Amendment) describing the agreed upon change,including any terms and conditions a required to support such change. Changes to point of contact information may be updated N without the issuance of a mutually agreed contract amendment. 0 4.2 Restrictions: In accordance with the Master Pricing Agreement the Participating Addendum identifies the following restrictions of product; a a a. Software a 1. Software is restricted to operating systems and commercial off-the-shelf(COTS) software and is subject to equipment configuration limits. x 2. Software is an option which must be related to the procurement of equipment. w 3. Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment. S r a Packet Pg. 34 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC a MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: NDUI VP-134 and WNWNC-115 c Hewlett Packard Company N (hereinafter "Contractor") And a� State of Washington, Department of Enterprise Services (hereinafter"Participating State") Participating State Contract#05815 a Page 4 of 35 0 a 4. Software such as middleware which is not always installed on the equipment is allowed and may be procured after the initial purchase of equipment. a x b. Services 1. Services must be related to the procurement of equipment. 2. Service shall be unlimited. 3. Wireless phone and internet service is not allowed. LO 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. Ul) 5. Managed Print Services are not allowed. v z c. Third Party Products. 3: z 1. Contract Vendors shall only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor is restricted to purchases of computer hardware manufactured by Contractor. r> a d.Additional Product/Services > z 1. Hardware and software required to solely support wide area network(WAN) Z operation and management are not allowed. 2. Lease/Rentals of equipment shall not be allowed. 3. Cellular Phone Equipment shall not be allowed. aD 4. EPEAT Bronze requirement may be waived,on a State case by case basis, if approved a, by the State's Chief Procurement Officer. Q a� 4.3 Contract Administration y • State Contract Administrator c DES will appoint a single point of contact that shall be the Contract Administrator for a this contract and shall provide contract oversight. The Contract Administrator shall be a the principal contact for the contractor for business activities under this contract. DES shall notify the contractor in writing,when there is a new Contract Administrator assigned to this contract. w • Administration of Term Contract E r a Packet Pg. 35 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC a MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 �► Hewlett Packard Company N (hereinafter "Contractor") And a� State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a Page 5 of 35 0 a DES may maintain contract information and pricing and make it available on DES's website. The contract prices are the maximum price contractor can charge. The a x contractor may offer volume discounts to purchasers. 4.4 Contractor Supervision and Coordination Contractor shall: LO a. Competently and efficiently supervise and coordinate the implementation and completion of all contract requirements specified herein. b. Identify the contractor's Authorized Representative,who will be the principal z point of contact for DES concerning contractor's performance under this 3: z contract. c. Immediately notify the Contract Administrator in writing of any change of designated Authorized Representative assigned to this contract. d. Be bound by all written communications given to or received from the > contractor's Authorized Representative. Z r- Violation of any provision of this section may be considered a material breach of c a� contract and may be grounds for contract termination. E aD 4.5 Term Contract Management a Upon award of a term contract, the contractor shall: r N a. Promote and market the use of this contract to all authorized contract purchasers. b. Ensure that those who endeavor to utilize this contract are authorized purchasers under this contract. a a c. At no additional charge, assist purchasers in making the most cost effective,value a based purchases which may include, but is not limited to: - Having representatives available to provide information regarding products w and services, including visiting the purchaser site if needed, and providing c purchaser with materials/supplies/equipment recommendations. E r a Packet Pg. 36 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC N MN 2014-2019 Computer Equipment U- (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w D: MASTER AGREEMENT v Master Agreement No: MNNVP-134 and WNWNC-115 Hewlett Packard Company N (hereinafter"Contractor") And y State of Washington, Department of Enterprise Services (hereinafter"Participating State") Participating State Contract#05815 a. a Page 6 of 35 ° a - Providing purchasers with a detail list of contract items including current contract pricing and part numbers. a x The contractor shall designate a customer service representative who will be responsible for addressing purchaser issues including but not limited to: ch - Logging requests for service,ensuring repairs are completed in a timely W) manner, dispatching service technicians and processing warranty claim documentation. LO r - Providing purchasers with regular and timely status updates in the event of a v delay in repair or order fulfillment. 3: z - Acting as the lead and liaison between the manufacturer and purchaser in resolving warranty claims for contract items purchased. 4.6 Changes M a Alterations to any of the terms, conditions, or requirements of this contract shall only be > z effective upon written issuance of a mutually agreed contract amendment by DES. z Changes to point of contact information may be updated without the issuance of mutually agreed contract amendment. ° E m L 4.7 Statewide Payee Desk a, Q Contractors must register with the Statewide Payee Desk, maintained by DES, to be paid a, for contract sales.Washington state agencies cannot make payments to a contractor until it is registered. Registration materials are available here: Re-cciving Pa ran ent from the State. c �a 4.8 Management Fee Q a Contractor will pay a management fee of 2 percent to DES on all state contract Q sales/purchase prices for work orders.The purchase price is defined as total invoice price less sales tax. x w r c m E U fC a Packet Pg. 37 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 c' c Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 7 of 35 0 a The management fee must be rolled into the contractor's current pricing; the fee must not be shown as a separate line item on an invoice unless specifically requested and approved = by DES. How to determine the fee:Total sales (not including sales tax)x .0200=management fee. DES may increase, reduce or eliminate the management fee, and reserves the right to LO negotiate contract pricing with the contractor when adjustment of the management fee might justify an increase in pricing. U') For purposes of the management fee, the parties agree that the initial management fee is U z included in the pricing.Therefore, any increase or reduction of the management fee must z be reflected in contract pricing commensurate with the adjustment. Taxability(if applicable): In 2013, the Washington Department of Revenue ruled that if the underlying transaction requires sales tax, the DES management fee portion of the M transaction is also subject to a sales tax. a The state reserves the right to audit, or have a designated third party audit, applicable z z records to ensure that the state has been properly invoiced and all management fees have been paid. Failure to accurately report total net sales, to submit a timely sales report, or remit timely payment of the management fee may be cause for contract termination, the charging of interest or penalties, or the exercise of other remedies provided by law. a The management fee does not include or supersede fees owed to other entities such as the NASPO ValuePoint or government entities other than the state of Washington. DES will invoice the contractor every quarter based on sales reported by contractor. c Contractors are not to remit payment until they receive an invoice from DES. a Management fee payment must reference the contract number, work request number(if a a applicable), the year and quarter for which the management fee is being remitted, and the contractor's name as it is known to DES, if not already included on the face of the check. x w r c m E r a Packet Pg. 38 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC N MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT v Master Agreement No: M]NNVP-134 and WNWNC-115 Hewlett Packard Company N (hereinafter"Contractor") And y State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a. a Page 8 of35 ° a Remit management fee to: � a. x Washington State Department of Enterprise Services Finance Office PO Box 41460 Olympia,WA 98504-1460 W) NOTE: DO NOT send payment to the DES Contract Administrator and do not pay prior to LO rec�4ving the invoice. r ci 4.9 Contract Sales/Usage Report Z The management fee will be based on total contract sales,which must be reported quarterly by the contractor in the m. DES will provide a login password and a vendor number. f° v M Each sales report must identify every authorized purchaser by name as it is known to DES a and its total combined sales amount invoiced during the reporting period(i.e., sales of an Z entire agency or political subdivision, not its individual subsections). The Z "Miscellaneous"option may be used only with prior approval by DES, and use of this option without prior approval by DES may be cause for contract termination. E E m L USAGE REPORT DUE DATE: Reports must be submitted electronically within 30 days after the end of the calendar quarter: Q a� r For sales invoiced during... Due date c Q 1 (Ian/Feb/March) April 30 Q a Q Q2 (April/May/June) July 31 x w Q3(July/Aug/Sept.) Oct. 31 E U fC a Packet Pg. 39 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment U- (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") cn w MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 c' c Hewlett Packard Company N (hereinafter "Contractor") And y State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a. a Page 9 of 35 0 a Q4(Oct/Nov/Dec.) Jan. 31 a x �a M Ln Failure to provide reports in accordance with the schedule above may be cause for Elk contract termination. r The report may be corrected or modified by DES with subsequent written notice to the z contractor. Z Upon request, contractor shall provide contact information for all purchasers during the c term of this contract. Refer sales reporting questions to the Contract Administrator. 0 v M 4.10 Other Required Term Contract Reports a DES may require the contractor to provide a detailed annual contract sales history report. Z This report,if requested,will include at a minimum, but is not limited to:product 2 description, part number or other product identifier,per unit quantities sold, and contract 0 0 price. This report must be provided to DES in an electronic format that can be read by MS Excel.Unless the solicitation specifies otherwise, all other required reports will be a, designed and approved by the parties by mutual agreement. Q L 4.11 Common Vendor Registration and Bid Notification System y �a Contractor shall be registered in the state's common vendor registration and bid 'a c notification system, RCW 39.29.006, known as Washington's Electronic Business Solutions (WEBS) at www.ga.wa.gov/webs. Contractors already registered need not re-register. It a is the sole responsibility of contractors to properly register and maintain an accurate Q vendor profile. t 4.12 Payment w r a. Advance payment prohibited: E U fC a Packet Pg. 40 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") cn w o: MASTER AGREEMENT a U Master Agreement No: M01NVP-134 and WNWNC-115 c Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 10 of 35 0 a No advance payment shall be made for the products and services furnished by contractor under this contract. a x Notwithstanding the above, maintenance payments,if any, may be made up to one year in advance. b. Payment: LO Payment is the sole responsibility of, and will be made by, the purchaser. Under Chapter 39.76 RCW, if purchaser fails to make timely payment(s), contractor v may invoice for 1 percent per month on the amount overdue or a minimum of$1. z Payment will not be considered late if a check or warrant is mailed within the time z specified. If no terms are specked otherwise in the solicitation, net 30 days will automatically apply. Payment(s) made in accordance with contract terms shall fully compensate the contractor for all risk, loss, damages or expense of whatever nature and acceptance d of payment shall constitute a waiver of all claims submitted by contractor. z z Payment for materials, supplies and/or equipment received and for services rendered shall be made by purchaser and be redeemable in U.S. dollars.Unless otherwise specified, the purchaser's sole responsibility shall be to issue this payment.Any bank or transaction fees or similar costs associated with currency a exchange procedures or the use of purchasing/credit cards shall be fully assumed by the contractor. Note:when the state has been overcharged or otherwise reimbursed, the purchaser c may elect to have either direct payments or written credit memos issued. If the contractor fails to make timely payment(s) or issuance of credit memos, the a purchaser may impose a 1%per month on the amount overdue 30 days after notice to a the contractor. C. Invoicing and discounts w r Contractor must provide a properly completed invoice to purchaser.All invoices are to be delivered to the address indicated in the purchase order. r a Packet Pg. 41 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment U- (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 c' c Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 11 of 35 a Each invoice must be identified by the associated contract number; the contractor's -J statewide vendor registration number assigned by the Washington State Office of = Financial Management(OFM), the applicable purchaser's order number, and must be in U.S. dollars. Invoices must be prominently annotated by the contractor with all o: applicable prompt payment and/or volume discount(s) and shipping charges unless otherwise specified in the solicitation. LO Invoices for payment will accurately reflect all discounts due the purchaser. Invoices Ur, will not be processed for payment,nor will the period of prompt payment discount commence, until receipt of a properly completed invoice denominated in U.S. dollars z and until all invoiced items are received and satisfactory performance of contractor 3: z has been accepted by the purchaser.If an adjustment in payment is necessary due to damage or dispute, any prompt payment discount period shall commence on the c date final approval for payment is authorized. M 4.13 Taxes, fees and licenses a a. Taxes z z Where required by statute or regulation, the contractor shall pay for and maintain in current status all taxes that are necessary for contract performance. Unless otherwise E indicated, the purchaser agrees to pay State of Washington taxes on all applicable L materials, supplies, services and/or equipment purchased.No charge by the a contractor shall be made for federal excise taxes and the purchaser agrees to furnish ; contractor with an exemption certificate where appropriate. b. Collection of retail sales and use taxes c In general, contractors engaged in retail sales activities within the State of a Washington are required to collect and remit sales tax to Department of Revenue a (DOR). In general, out-of-state contractors must collect and remit"use tax" to Department of Revenue if the activity carried on by the seller in the State of x Washington is significantly associated with contractor's ability to establish or w maintain a market for its products in Washington. Examples of such activity include where the contractor either directly or by an agent or other representative: r a Packet Pg. 42 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC N MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT v Master Agreement No: MNNVP-134 and WNWNC-115 Hewlett Packard Company (hereinafter "Contractor") And y State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a. a Page 12 of 35 ° a M - Maintains an in-state office, distribution house,sales house,warehouse, service enterprise, or any other in-state place of business; _ - Maintains an in-state inventory or stock of goods for sale; - Regularly solicits orders from purchasers located within the State of Washington via sales representatives entering the State of Washington; LO N - Sends other staff into the State of Washington(e.g.product safety engineers, Ln etc.) to interact with purchasers in an attempt to establish or maintain market(s):or Z - Other factors identified in WAC CS8-1i3O. z c. Department of Revenue registration for out-of-state contractors c �a Out-of-state contractors meeting any of the above criteria must register and establish M an account with the Department of Revenue. Refer to MAC 458-20-193, and call the a Department of Revenue at 800-647-7706 for additional information.When out-of-state z contractors are not required to collect and remit "use tax,"purchasers located in the State of Washington are responsible for paying this tax, if applicable, directly to the Department of Revenue. E m d. Taxes on invoice L Q Contractor shall calculate and enter the appropriate state and local sales tax on all invoices. Tax is to be computed on new items after deduction of any trade-in in accordance with WAC 458-20-247. c e. Overpayments to contractor �a a a Contractor shall refund to purchaser the full amount of any erroneous payment or Q overpayment under this contract within 30 days'written notice. If contractor fails to make timely refund,purchaser may charge contractor 1 percent per month on the x amount due, until paid in full. w r f. Proprietary or confidential information U fC a Packet Pg. 43 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC N MN 2014-2019 Computer Equipment U- (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 c' c Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a. a Page 13 of 35 ° a To the extent consistent with Chq-,tc r 42,56 RCW, the Public Disclosure Act, DES shall maintain the confidentiality of contractor's information marked confidential or = proprietary. If a request is made to view contractor's proprietary information, DES will notify contractor of the request and of the date that the records will be released to o: the requester unless contractor obtains a court order enjoining that disclosure.If ch contractor fails to obtain the court order enjoining disclosure, DES will release the L° requested information on the date specified. The state's sole responsibility shall be limited to maintaining the above data in a secure area and to notify contractor of any request(s)for disclosure for so long as DES z retains contractors information in DES records.Failure to so label such materials or z failure to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by contractor of any claim that such materials are exempt from disclosure. M 4.14 Insurance a The following are general insurance provisions for the State of Washington.Additional z requirements specific to a good/service may be detailed elsewhere in a solicitation or its appendices. E a. General requirements L Contractor shall, at its own expense,maintain insurance as follows until completion of a the contract. Upon request, contractor shall furnish evidence in the form of a N certificate of insurance satisfactory to the State of Washington that insurance, in the following kinds and amounts, has been secured. Failure to provide proof of insurance, as required,will result in contract cancellation. a a Subcontractor(s) must comply fully with all insurance requirements stated herein. a Failure of subcontractor(s) to comply with insurance requirements does not limit contractor's liability or responsibility. x w All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the state. E r a Packet Pg. 44 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment U_ (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: M0R*TVP-134 and WNWNC-115 c' c Hewlett Packard Company N (hereinafter"Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 14 of 35 0 a b. Specific requirements a Employer's Liability(Stop Gap):The contractor will at all times comply with all = applicable workers' compensation,occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employers Liability insurance with a minimum limit of$1,000,000.00.The M State of Washington will not be held responsible in any way for claims filed by theLO contractor or their employees for services performed under the terms of this contract. Ur, Commercial General Liability Insurance:The contractor shall at all times during the v term of this contract, carry and maintain commercial general liability insurance and if Z necessary,commercial umbrella insurance for bodily injury and property damage z arising out of services provided under this contract.This insurance shall cover such claims as may be caused by any act, omission,or negligence of the contractor or its officers, agents,representatives, assigns,or servants. M The insurance shall also cover bodily injury, including disease,illness and death, and > property damage arising out of the contractor's premises/operations, independent z contractors, products/completed operations, personal injury and advertising injury, and contractual liability(including the tort liability of another assumed in a business contract), and contain separation of insured's(cross liability)conditions. 00i L Contractor waives all rights against the State of Washington for the recovery of a damages to the extent they are covered by general liability or umbrella insurance. ; N The limits of liability insurance shall be as follows: c General aggregate limits(other than products-completed $2 million a operations) a a Products-completed operations aggregate $2 million 9 x Personal and advertising injury Ya95re ate $1 million w c m Each occurrence (applies to all of the above) $1 million E r a Packet Pg. 45 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment U_ (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") cn w MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 c' c Hewlett Packard Company N (hereinafter "Contractor") And y State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a. 0. Page 15 of 35 0 - - 0 a (per occurrence a. Fire damage limit g (P ) $50,000 a x Medical expense limit (any one person) $5,000 �a c. Business Auto Policy(BAP) In the event that services delivered pursuant to this contract involve the use of N vehicles, or the transportation of clients, automobile liability insurance shall be Ln required. The coverage provided shall protect against claims for bodily injury, including illness, disease, and death; and property damage caused by an occurrence Z arising out of or in consequence of the performance of this service by the contractor, Z subcontractor, or anyone F�mployed by either. Contractor shall maintain business auto liability and, if necessary,commercial v umbrella liability insurance with a combined single limit not less than$1,000,000 per occurrence.The business auto liability shall include Hired and Non-Owned coverage. a Contractor waives all rights against the State of Washington for the recovery of z in damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. (D E d. Additional insurance provisions L a� All above insurance policies shall include,but not be limited to, the following Q provisions: y �a o Additional insured: c State of Washington and all authorized purchasers shall be included as an additional insured on all general liability,umbrella, excess, and property insurance a policies.All policies shall be primary over any other valid and collectable Q insurance. x o Notice of policy cancellation/Non-renewal: w r c For insurers subject to Chapter 48..1.8 RCW(admitted and regulated by the 0 E Washington State Insurance Commissioner) a written notice shall be given to the U fC a Packet Pg. 46 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC N MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT v Master Agreement No: MNNVP-134 and WNWNC-115 Hewlett Packard Company N (hereinafter "Contractor") And y State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a. a Page 16 of 35 ° a director of purchasing or designee 45 calendar days prior to cancellation or any _J material change to the policy as it relates to this contract.Written notice shall a. include the affected contract reference number. o Cancellation for non-payment of premium: If cancellation on any policy is due to non-payment of premium, a written notice shall be given the director of purchasing or designee 10 calendar days prior to cancellation.Written notice shall include the affected contract reference number. r o Identification: ti z Certificates of insurance shall include the affected contract reference number. z e. Insurance carrier rating c The insurance required above shall be issued by an insurance company authorized to M do business within the State of Washington. Insurance is to be placed with a carrier a that has a rating of A-Class VII or better in the most recently published edition of > z Best's Reports.Any exception must be reviewed and approved by the Risk Manager Z for the State of Washington, by submitting a copy of the contract and evidence of insurance before contract commencement. If an insurer is not admitted, all insurance E policies and procedures for issuing the insurance policies must comply with Chaapter L 48.15 RCW and Chapter 284-15 WAC: . Q f. Excess coverage ; N R The limits of all insurance required to be provided by the contractor shall be in the amounts specified. However,coverage in the amounts of these limits shall not be c �a construed to relieve the contractor from liability in excess of such limits. Q n g. Limit adjustments Q The state reserves the right to increase or decrease limits as appropriate. x w r c m E U fC a Packet Pg. 47 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter `Lead State") w o: MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 °1 c Hewlett Packard Company N (hereinafter"Contractor") And N State of Washington, Department of Enterprise Services (hereinafter"Participating State") Participating State Contract#05815 a a Page 17 of35 ° a J 4.15 Antitrust = The state maintains that,in actual practice, overcharges resulting from antitrust violations are borne by the purchaser.Therefore, the contractor hereby assigns to the State of Washington any and all of the contractor's claims for such price fixing or overcharges LO which arise under federal or state antitrust laws,relating to the materials, supplies, services and/or equipment purchased under this contract, to the extent the assignment is necessary for the State of Washington to overcome the Federal or State's bar on indirect v purchaser. Z 4.16 Disputes and remedies Z a. Problem resolution and disputes Problems arising out of the performance of this contract shall be resolved in a timely manner at the lowest possible level with authority to resolve such problem.If a a problem persists and cannot be resolved, it may be escalated within each Z Z organization. In the event a bona fide dispute concerning a question of fact arises between DES or the purchaser and contractor and it cannot be resolved between the parties through the normal problem escalation processes, either party may initiate the dispute a resolution procedure provided herein.The dispute shall be handled by a Dispute Resolution Panel in the following manner. Each party to this contract shall appoint one member to the Panel.These two appointed members shall jointly appoint an additional member.The Dispute Resolution Panel shall review the facts,contract terms and applicable statutes and rules and make a determination of the dispute as a quickly as reasonably possible.The determination of the Dispute Resolution Panel a shall be final and binding on the parties hereto.DES and/or purchaser and contractor agree that, the existence of a dispute notwithstanding, they will continue without x delay to carry out all their respective responsibilities under this contract that are not w affected by the dispute. E r a Packet Pg. 48 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC N MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT v Master Agreement No: M14NVP-134 and WNWNC-115 Hewlett Packard Company (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 18 of 35 ° a Should reconciliation be in Contractor's favor, the disputed amount will be due and payable within thirty(30) calendar days of the new invoice issued by Contractor. _ The initiating party shall reduce its description of the dispute to writing and deliver it to the responding party.The responding party shall respond in writing within three business days.The initiating party shall have three business days to review the bid. If after this review a resolution cannot be reached, both parties shall have three N business days to negotiate in good faith to resolve the dispute. Ur, If the dispute cannot be resolved after three business days, a Dispute Resolution v Panel may be requested in writing by either party who shall also identify the first z panel member.Within three business days of receiving the request, the other party z will designate a panel member.Those two panel members will appoint a third individual to the Dispute Resolution Panel within the next three business days. The Dispute Resolution Panel will review the written descriptions of the dispute, gather additional information as needed,and render a decision on the dispute in the > shortest practical time. z z r- Each party shall bear the cost for its panel member and share equally the cost of the c third panel member. E a� Both parties agree to be bound by the determination of the Dispute Resolution Panel. a, a Both parties agree to exercise good faith in dispute resolution and to settle disputes prior to using a Dispute Resolution Panel whenever possible. DES, the purchaser and contractor agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their respective responsibilities under this contract that are not affected by the dispute. a a a If the subject of the dispute is the amount due and payable by purchaser for materials, supplies, services and/or equipment being provided by contractor, x contractor shall continue providing materials, supplies, services and/or equipment w pending resolution of the dispute provided purchaser pays contractor the amount m purchaser, in good faith, believes is due and payable, and places in escrow the E r a Packet Pg. 49 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC a MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") cry w o: MASTER AGREEMENT a U Master Agreement No: M1iNVP-134 and WNWNC-115 c Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 19 of 35 0 r a difference between such amount and the amount contractor, in good faith, believes is due and payable. However, DES will pay Contractor for equipment ordered or a x services rendered to the date of termination and contract will be obligated to provide the equipment. o: b. Administrative suspension LO When it in the best interest of the state, DES may at any time, and without cause, suspend the contract or any portion thereof for a period of not more than 30 calendar days per event by written notice from DES to the contractor's Representative. v Contractor shall resume performance on the next business day following the 30th day z of suspension unless an earlier resumption date is specified in the notice of z suspension. If no resumption date was specified in the notice of suspension, the contractor can be demanded and required to resume performance within the 30-day suspension period by DES providing the contractor's Representative with written M notice of such demand. a c. Force majeure z z The term"force majeure" means an occurrence that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. E Force majeure shall include acts of war, riots,strikes,fire,floods,windstorms, L epidemics or other similar occurrences. a Exceptions: Except for payment of sums due, neither party shall be liable to the y other or deemed in breach under this contract if, and to the extent that,such party's performance of this contract is prevented by reason of force majeure. c Notification: If either party is delayed by force majeure, said party shall provide a written notification within 48 hours. The notification shall provide evidence of the a force majeure to the satisfaction of the other party. Such delay shall cease as soon as practicable and written notification of same shall likewise be provided.So far as x consistent with the Rights Reserved below, the time of completion shall be extended w by contract amendment for a period of time equal to the time that the results or effects 4) m E r a Packet Pg. 50 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC N MN 2014-2019 Computer Equipment U- (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: NHgNVP-134 and WNWNC-115 °1 c Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 20 of 35 ° a of such delay prevented the delayed party from performing in accordance with this contract. a x Rights reserved: DES reserves the right to authorize an amendment to this contract, terminate the contract, and/or purchase materials,supplies, equipment and/or services from the best available source during the time of force majeure, and M contractor shall have no recourse against the state. N d. Alternative dispute resolution fees and costs Ul) In the event that the parties engage in arbitration, mediation or any other alternative U z dispute resolution forum to resolve a dispute in lieu of litigation, both parties shall z share equally in the cost of the alternative dispute resolution method, including cost 3: of mediator or arbitrator. In addition,each party shall be responsible for its own attorneys'fees incurred as a result of the alternative dispute resolution method. M e. Non-exclusive remedies a The remedies provided for in this contract shall not be exclusive but are in addition to z z all other remedies available under law. c 4.17 Liquidated damages a� E a. Liquidated damages-General L DES and or the purchasers and the contractor agree that the liquidated damages provisions in the contract are a reasonable forecast of the actual damages that would be suffered by the purchaser in the event of contractor's nonperformance, that such Z liquidated damages are not a penalty but represent the reasonable compensation due purchaser in the event of a breach, and that such liquidated damages will be a assessed as appropriate. a Any delay by contractor in meeting the Delivery Date, Installation Date, maintenance or repair date, or other applicable date set forth in this contract will interfere with the w proper implementation of purchaser's programs and will result in loss and damage to r c purchaser. E r a Packet Pg. 51 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") cn w o: MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 c' c Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 21 of 35 0 a As it would be impracticable to fix the actual damage sustained in the event of any such failure(s) to perform and/or purchaser and contractor agrees that in the event of = any such failures)to perform, the amount of damage which will be sustained will be assessed as appropriate based upon the purchasers inability to perform their function and the parties agree that contractor shall pay such amounts as liquidated damages and not as a penalty. o N Liquidated damages provided under the terms of this contract are subject to the same Ur, limitations as provided in the section titled Limitation of Liability. b. Limitation of liability z See Master Agreement, Exhibit A, Terms and Conditions, Section C17. Z c. Federal funding(if applicable) c In the event that a federally funded acquisition results from this procurement,the M contractor may be required to provide additional information(free of charge) at the d request of DES or purchaser. Further, the contractor may be subject to those federal z requirements spec to the commodity. Z d. Federal restrictions on lobbying(if applicable) E Contractor certifies that under the requirements of Lobbying Disclosure Act, 2 U.S.C., L Section 1601 et seq., no federal appropriated funds have been paid or will be paid, a by or on behalf of the contractor, 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, a continuation, renewal, amendment, or modification of any federal contract, grant, a loan, or cooperative agreement. x 4.18 Debarment and suspension w r Respondent certifies,by submitting this bid or proposal, that neither it nor its affiliates presently are debarred, suspended, proposed for debarment, declared r a Packet Pg. 52 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC N MN 2014-2019 Computer Equipment U- (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: AUR VP-134 and WNWNC-115 °1 c Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 22 of 35 ° a ineligible or voluntarily excluded from participation in this procurement/contract by any government agency. Respondent also agrees to notify DES if its debarment status = changes during the bid process or after receiving notice of contract award, if any. If respondent cannot certify this statement, attach a written explanation to the bid o: response for review. M 4.19 Contract termination LO N- a. Material breach LO A contractor may be terminated for cause by DES, at the sole discretion of DES, for U z failing to perform a material contractual requirement or for a material breach of any z term or condition.Material breach of a term or condition of the contract may include but is not limited to: c • Contractor failure to perform services or deliver materials, supplies, or M equipment by the date required or by an alternate date as mutually agreed in a a written amendment to the contract; z z • Contractor failure to carry out any warranty or fails to perform or comply with any mandatory provision of the contract; E • Contractor becomes insolvent or in an unsound financial condition so as to L endanger performance hereunder; a • Contractor becomes the subject of any proceeding under any law relating to y bankruptcy,t insolvency °p cY or reorganization, or relief from creditors and/or � debtors that endangers the contractor's proper performance hereunder; c • Appointment of any receiver, trustee,or similar official for contractor or any of a a the contractor's property and such appointment endangers the contractor's a proper performance hereunder; • A determination that the contractor is in violation of federal, state, or local laws X w or regulations and that such determination renders the contractor unable to perform any aspect of the contract. E r a Packet Pg. 53 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 23 of 35 ° a b. Opportunity to cure J a In the event that Contractor fails to perform a contractual requirement or materially = breaches any term or condition, DES may issue a written cure notice.The contractor may have a period of time in which to cure. DES is not required to allow the contractor to cure defects if the opportunity for cure is not feasible as determined M solely within the discretion of DES.Time allowed for cure shall not diminish or LO N eliminate contractor's liability for liquidated or other damages, or otherwise affect Ur, any other remedies available against contractor under the contract or by law. U If the breach remains after contractor has been provided the opportunity to cure, DES z may do any one or more of the following: z Exercise any remedy provided by law; c - Terminate this contract and any related contracts or portions thereof, M - Procure replacements and impose damages as set forth elsewhere in this a contract; z z - Impose actual or liquidated damages; a� - Suspend or bar contractor from receiving future solicitations or other opportunities; a - Require contractor to reimburse the state for any loss or additional expense incurred as a result of default or failure to satisfactorily perform the terms of the contract. If DES completes the project through a third Party, DES may as its exclusive remedy recover from Contractor reasonable costs incurred to complete the project. DES will mitigate damages and provide Contractor with a a detailed invoices substantiating the charges. a c. Termination for cause x In the event DES, in its sole discretion, determines that the contractor has failed to w comply with the conditions of this contract in a timely manner or is in material breach, m DES has the right to suspend or terminate this contract, in part or in whole.DES shall E r a Packet Pg. 54 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC N MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT v Master Agreement No: MNNVP-134 and WNWNC-115 Hewlett Packard Company (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter"Participating State") Participating State Contract#05815 a a Page 24 of 35 ° a notify the contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days or as otherwise specified by DES, or if = such corrective action is deemed by DES to be insufficient, the contract may be terminated. DES reserves the right to suspend all or part of the contract,withhold o: further payments,or prohibit the contractor from incurring additional obligations of funds during investigation of the alleged breach and pending corrective action by LO the contractor or a decision by DES to terminate the contract. In the event of termination, DES shall have the right to procure for all purchasers any replacement materials, supplies,services and/or equipment that are the subject of z this contract on the open market. In addition, the contractor shall be liable for 3: z damages as authorized by law including, but not limited to, any price 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 M competitive bidding, mailing, advertising and staff time. If DES completes the project a through a third Party, DES may as its exclusive remedy recover from Contractor z reasonable costs incurred to complete the project. DES will mitigate damages and Z provide Contractor with detailed invoices substantiating the charges. a� If it is determined that: (1) the contractor was not in material breach; or(2)failure to E a� perform was outside of contractor's or its subcontractor's control, fault or negligence, the termination shall be deemed to be a"termination for convenience."The rights a and remedies of DES and/or the purchaser provided in this contract are not exclusive y and are in addition to any other rights and remedies provided by law. DES will be liable to Contractor for equipment ordered or services rendered to the date of termination. a d. Termination for convenience a a Except as otherwise provided in this contract, DES, at the sole discretion of DES, may terminate this contract, in whole or in part by giving 30 calendar days or other w appropriate time period written notice beginning on the second day after mailing to r c the contractor.If this contract is so terminated,purchasers shall be liable only for ° E payment required under this contract for properly authorized services rendered,or r a Packet Pg. 55 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT v Master Agreement No: WDR VP-134 and WNWNC-115 a, Hewlett Packard Company N (hereinafter "Contractor") And State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a Page 25 of 35 0 r materials, supplies and/or equipment delivered to and accepted by the purchaser J prior to the effective date of contract termination.Neither DES nor the purchaser shall = have any other obligation whatsoever to the contractor for such termination.This 4>, Termination for Convenience clause may be invoked by DES when it is in the best interest of the State of Washington. DES will be liable to Contractor for equipment ordered or services rendered to the date of termination. o L0 e. Termination for withdrawal of authority N LO In the event that DES and/or purchaser's authority to perform any of its duties is v withdrawn,reduced, or limited in any way after the commencement of this contract z and prior to normal completion, DES may terminate this contract, in whole or in part, Z by seven calendar day's written notice,or other appropriate time period, to contractor. f. Termination for non-allocation of funds M If funds are not allocated to purchaser(s) to continue this contract in any future z period, DES may terminate this contract with seven calendar days written notice, or z other appropriate time period, to contractor, or work with contractor to arrive at a mutually acceptable resolution of the situation.Purchaser will not be obligated to pay E any further charges for materials,supplies,services and/or equipment including the net remainder of agreed-to consecutive periodic payments remaining unpaid a beyond the end of the then-current period. DES and/or purchaser agree to notify contractor in writing of such non-allocation at the earliest possible time. No penalty shall accrue to the purchaser in the event this section shall be exercised. This section shall not be construed to permit DES to terminate this contract in order to acquire similar materials, supplies, services and/or equipment from a third party. a g. Termination for conflict of interest a DES may terminate this contract by written notice to contractor if it is determined, x after due notice and examination, that any party to this contract has violated Chapter w r 42.52 RCW, Ethics in Public Service, or any other laws regarding ethics in public a acquisitions and procurement and performance of contracts. In the event this contract r a Packet Pg. 56 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC a MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter `Lead State") w o: MASTER AGREEMENT a U Master Agreement No: A01NVP-134 and WNWNC-115 c Hewlett Packard Company N (hereinafter "Contractor") And a� State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a Page 26 of 35 0 a is so terminated, DES and/or purchaser shall be entitled to pursue the same remedies against contractor as it could pursue in the event that the contractor breaches this a x contract. h. Termination by mutual agreement DES and the contractor may terminate this contract in whole or in part, at any time, by o mutual agreement. i. Termination procedure In addition to the procedures set forth below, if DES terminates this contract, z contractor shall follow any procedures DES specifies in the termination notice. Z Upon termination of this contract and in addition to any other rights provided in this contract,DES may require the contractor to deliver to the purchaser any property specifically produced or acquired for the performance of such part of this contract as has been terminated. d The purchaser shall pay to the contractor the agreed upon price, if separately stated, z for completed work and service(s)Accepted by the purchaser, and the amount c agreed upon by the contractor and the purchaser for(i)completed materials, supplies, services rendered and/or equipment for which no separate price is stated, (ii)partially completed materials, supplies, services rendered and/or equipment, (iii) a other materials, supplies, services rendered and/or equipment which are Accepted by the purchaser, and(iv) the protection and preservation of property,unless the termination is for cause, in which case DES and the purchaser shall determine the extent of the liability of the purchaser.Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. The a a purchaser may withhold from any amounts due the contractor such sum as DES and a purchaser determine to be necessary to protect the purchaser against potential loss or liability. t x w The rights and remedies of DES and/or the purchaser provided in this section shall r c not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. r a Packet Pg. 57 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment U- (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") cn w o: MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 c Hewlett Packard Company N (hereinafter "Contractor") And a� State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 27 of 35 0 a After receipt of a termination notice, and except as otherwise expressly directed in writing by DES, the contractor shall: a x • Stop all work,order fulfillment, shipments, and deliveries under the contract on the date, and to the extent specified, in the notice; • Place no further orders or subcontracts for materials, services,supplies, M LO equipment and/or facilities in relation to the contract except as is necessary to complete or fulfill such portion of the contract that is not terminated; • Complete or fulfill such portion of the contract that is not terminated in z compliance with all contractual requirements; 3: z • Assign to the purchaser, in the manner, at the times, and to the extent directed by DES on behalf of the purchaser, all of the rights,title, and interest of the contractor under the orders and subcontracts so terminated, in which case the M purchaser has the right, at its discretion, to settle or pay any or all claims a ansing out of the termination of such orders and subcontracts. z z • Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts,with the approval or ratification of DES and/or the purchaser to the extent DES and/or the purchaser may require,which approval or ratification shall be final for all the purposes of this clause; a • Transfer title to the purchaser and deliver in the manner, at the times, and to ; the extent directed by DES on behalf of the purchaser any property which, if the contract had been completed,would have been required to be furnished to the purchaser; a • Take such action as may be necessary, or as DES and/or the purchaser may a direct,for the protection and preservation of the property related to this contract which is in the possession of the contractor and in which DES and/or the purchaser has or may acquire an interest. w r c m E r a Packet Pg. 58 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC a MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter `Lead State") cry w MASTER AGREEMENT a U Master Agreement No: M1qNVP-134 and WNWNC-115 c Hewlett Packard Company N (hereinafter "Contractor") And a� State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 28 of 35 0 a S. Primary Contacts:The primary contact individual(or their named successor)for this Participating Addendum is as follows: a x Contractor Name Stacey Kearns Address 355 Ledgelawn Drive, Conway, AR 72204 M Telephone 512-319-3018 LO Fax 501-339-2377 Email Stacey.l n.kearns@hpe.comLO U Participatinq Entity z Name Momi Friedlander Contract Specialist z Department of Enterprise Services _ Address 1500 Jefferson Street SE, Olympia,WA 98501 Telephone 360407-8505 Email I Morni-friedlander@des.wa.gov a 6.Minority and Women's Business Enterprises(ACME) z z In accordance with the legislative findings and policies set forth in RQW 39.19, the State of Washington encourages participation in all of its contracts by minority and woman-owned businesses firms certified by the Office of PAinori and Women'-q Business Enterprises E (OMWBE).While the state does not give preferential treatment,it does seek equitable representation from the minority and women's business community. In addition,the state a welcomes participation by self-identified minority and woman owned firms and strongly y r encourages such firms to become certified by OMWBE. Hewlett Packard Co. shall consider and encourage minority and women owned firms in their pool of subcontractors. However, unless required by federal statutes,regulations, grants, or a a contract terms no preference will be included in the evaluation of bids a Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the original solicitation shall apply. Contact OMWBE for information on other x w certified firms for potential sub-contracting arrangements.DES encourages participation by non-MWBE firms as well as MWBE firms.Prior to performance, an awarded bidder that is a E E r a Packet Pg. 59 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC a MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 c Hewlett Packard Company N (hereinafter "Contractor") And as State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a. Page 29 of 35 0 a MWBE or intends to use MWBE subcontractors is encouraged to identify the participating -J firm(s)to DES. _ 6.1. Public records and exempt information �a All documents submitted by said Contractor to DES during the performance of this agreement shall become public records.They are subject to disclosure unless specifically exempt under Ln Revised Code of Washington(RCW) 42.56 (The Public Records Act). Elk LO Confidential documents: DES strongly discourages submittal of any confidential material. DES considers confidential material to be any portion of your submittal clearly marked all or in v z part`'Confidential," "Proprietary"or"Trade Secret" (or the equivalent). 3: z • DES reserves the right to return.reject or disqualify any submittal that includes confidential material. c �a Public records requests:If a public records request seeks to view or obtain a copy of your M RFP submittal, and if your submittal includes content clearly marked"Confidential." a "Proprietary"or"Trade Secret" (or the equivalent), DES will: z z • Notify you of thr-date DES will disclose the requested records; • Give you an opportunity to seek a court order that stops DES from disclosing the E m records. L a� Q DES shall not: L a� r • Evaluate or defend your claim of confidentiality. It is your responsibility to support your y �a claim and take appropriate legal action to do so; 'a c • Withhold or redact your documents without a court order. a a Questions about the confidentiality of your submittal can be directed to the Procurement Q Coordinator or the DES Public Records Officer at (360) 407-8768 or publicrecords,�e:dc:::.wa.gov. x w r c m E U fC a Packet Pg. 60 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT a U Master Agreement No: N NNVP-134 and WNWNC-115 �► Hewlett Packard Company N (hereinafter "Contractor") And a� State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a Page 30 of 35 0 6.2 Legal notices J Any notice or demand or other communication required or permitted to be given under the = contract or applicable law(except notice of malfunctioning Equipment)will be effective only if it is in writing and signed by the applicable party, properly addressed, and either delivered in o: person,or by a recognized courier service, or deposited with the United States Postal Service as first-class mail,postage prepaid,certified mail,return receipt requested,via facsimile or LO by electronic mail, to the parties at the addresses and fax numbers, e-mail addresses provided in the Authorized Offer and Contract Signature Page below. For purposes of complying with any provision in the contract or applicable law that requires a "writing,"such v z communication,when digitally signed with a Washington State Licensed Certificate, shall be 3: considered to be "in writing"or"written"to an extent no less than if it were in paper form. Z Notices will be effective upon receipt or four business days after mailing,whichever is earlier. c The notice address as provided herein may be changed by written notice given as provided above. a In the event that a subpoena or other legal process commenced by a third party in any way > z concerning the Equipment or Services provided pursuant to the contract is served upon Z r- contractor or DES, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process.The contractor and DES E further agree to cooperate with the other party in any lawful effort by the other party to contest L the legal validity of such subpoena or other legal process commenced by a third party. a 6.3. Liens, claims and encumbrances All materials,equipment, supplies and/or services shall be free of all liens, claims, or encumbrances of any kind, and if DES or the purchaser requests, a formal release of same shall be delivered to the respective requestor. a a 6.4 Payment a a.Advance payment prohibited: x w No advance payment shall be made for the products and services furnished by contractor under this contract. E r a Packet Pg. 61 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) Administered by the State of Minnesota(hereinafter "Lead State") w MASTER AGREEMENT v Master Agreement No: NINNVP-134 and WNWNC-115 a� Hewlett Packard Company N (hereinafter "Contractor") And a, State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a. Page 31 of 35 0 a Notwithstanding the above,maintenance payments,if any, may be made on a quarterly J basis at the beginning of each quarter. a. x b. Payment: Payment is the sole responsibility of, and will be made by, the purchaser. W) Under Chapter 39.76 RQW, if purchaser fails to make timely payment(s), contractor may invoice for 1 percent per month on the amount overdue or a minimum of$1. Payment will "' r not be considered late if a check or warrant is mailed within the time specified. If no terms ti are specified otherwise in the solicitation, net 30 days will automatically apply. z Payment(s)made in accordance with contract terms shall fully compensate the contractor z for all risk, loss, damages or expense of whatever nature and acceptance of payment shall 'a c constitute a waiver of all claims submitted by contractor. M Payment for materials, supplies and/or equipment received and for services rendered a shall be made by purchaser and be redeemable in U.S. dollars.Unless otherwise > z specified,the purchaser's sole responsibility shall be to issue this payment.Any bank or z 2 transaction fees or similar costs associated with currency exchange procedures or the use of purchasing/credit cards shall be fully assumed by the contractor. E m Note:when the state has been overcharged or otherwise reimbursed, the purchaser may elect to have either direct payments or written credit memos issued.If the contractor fails Q L to make timely payment(s)or issuance of credit memos, the purchaser may impose a 1% N per month on the amount overdue 30 days after notice to the contractor. c. Invoicing and discounts Contractor must provide a properly completed invoice to purchaser.All invoices are to be a delivered to the address indicated in the purchase order. Q Each invoice must be identified by the associated contract number; the contractor's statewide vendor registration number assigned by the Washington State Office of Financial w Management(OFM), the applicable purchaser's order number, and must be in U.S. c dollars. Invoices must be prominently annotated by the contractor with all applicable E U fC a Packet Pg. 62 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") cry w MASTER AGREEMENT a U Master Agreement No: MNNVP-134 and WNWNC-115 c Hewlett Packard Company N (hereinafter "Contractor") And a� State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 32 of 35 0 a prompt payment and/or volume discount(s) and shipping charges unless otherwise specified in the solicitation. a x Invoices for payment will accurately reflect all discounts due the purchaser. Invoices will not be processed for payment, nor will the period of prompt payment discount commence, until receipt of a properly completed invoice denominated in U.S. dollars and until all r� invoiced items are received and satisfactory performance of contractor has been accepted LO N by the purchaser. If an adjustment in payment is necessary due to damage or dispute, any U', prompt payment discount period shall commence on the date final approval for payment is authorized. Z 6.5 Taxes, Fees and Licenses Z a. Taxes c Where required by statute or regulation, the contractor shall pay for and maintain in M current status all taxes that are necessary for contract performance. Unless otherwise a indicated, the purchaser agrees to pay State of Washington taxes on all applicable z materials, supplies, services and/or equipment purchased.No charge by the Z contractor shall be made for federal excise taxes and the purchaser agrees to furnish contractor with an exemption certificate where appropriate. E 0 b. Collection of retail sales and use taxes a In general, contractors engaged in retail sales activities within the State of Washington are required to collect and remit sales tax to Department of Revenue y (DOR). In general, out-of-state contractors must collect and remit"use tax" to Department of Revenue if the activity carried on by the seller in the State of = Washington is significantly associated with contractor's ability to establish or a maintain a market for its products in Washington. Examples of such activity include a where the contractor either directly or by an agent or other representative: - Maintains an in-state office, distribution house, sales house,warehouse, x w service enterprise, or any other in-state place of business; m - Maintains an in-state inventory or stock of goods for sale; E r a Packet Pg. 63 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w MASTER AGREEMENT a U Master Agreement No: NIIVNVP-134 and WNWNC-115 Hewlett Packard Company N (hereinafter "Contractor") And State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a. Page 33 of 35 0 a Regularly solicits orders from purchasers located within the State of M Washington via sales representatives entering the State of Washington; a. x Sends other staff into the State of Washington(e.g. product safety engineers, etc.) to interact with purchasers in an attempt to establish or maintain market(s); or Ln - Other factors identified in-;VAC 458-20. LO c. Department of Revenue registration for out-of-state contractors Out-of-state contractors meeting any of the above criteria must register and establish z an account with th Department of Revenue. Refer to WAC 458-20-1.93. and call the z Department of Revenu at 800-647-7706 for additional information.When out-of-state contractors are not required to collect and remit "use tax,"purchasers located in the State of Washington are responsible for paying this tax, if applicable, directly to the M Department of Revenue. a d. Taxes on invoice z z Contractor shall calculate and enter the appropriate state and local sales tax on all invoices.Tax is to be computed on new items after deduction of any trade-in in E accordance with'WAC 458-20-247. L e. Overpayments to Contractor Q L Contractor shall refund to purchaser the full amount of any erroneous payment or n overpayment under this contract within 30 days'written notice. If contractor fails to make timely refund, purchaser may charge contractor 1 percent per month on the c �a amount due, until paid in full. Q a 6.6 Information and Communications Q Proprietary or confidential information x w To the extent consistent with Chapter 42.56 RCW, the Public Disclosure Act, DES shall r c maintain the confidentiality of contractor's information marked confidential or proprietary. E If a request is made to view contractor's proprietary information, DES will notify contractor U fC a Packet Pg. 64 8.C.a PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC N MN 2014-2019 Computer Equipment U- (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") w o: MASTER AGREEMENT v Master Agreement No: M NVP-134 and WNWNC-115 °1 c Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 34 of 35 ° a of the request and of the date that the records will be released to the requester unless contractor obtains a court order enjoining that disclosure.If contractor fails to obtain the = court order enjoining disclosure, DES will release the requested information on the date specified. o: The state's sole responsibility shall be limited to maintaining the above data in a secure area and to notify contractor of any request(s)for disclosure for so long as DES retains N contractor's information in DES records. Failure to so label such materials or failure to timely Un respond after notice of request for public disclosure has been given shall be deemed a waiver by contractor of any claim that such materials are exempt from disclosure. z z T. Subcontractors: All Hewlett Packard Co. dealers and resellers authorized in the State of Washington are approved to provide sales and service support to participants authorized by this Participating Addendum and shall be in accordance with the terms M and conditions set forth in the aforementioned Master Agreement. a 8. Orders: Any Order placed by a Participating Entity or Purchasing Entity for a Product z z and/or Service available from this Participating Addendum shall be deemed to be a sale 2 under(and governed by the prices and other terms and conditions)of the Master Agreement = unless the parties to the Order agree in writing that another contract or agreement applies to E such Order. Purchase orders must be submitted with a valid quote and written acceptance from agency prior to contract performance. Q a� r N R C R Q a a t x w r c m E r Q Packet Pg. 65 8.C.a PARTICIPATING ADDENDUM , WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC MN 2014-2019 Computer Equipment U- (Servers and Storage including Related Peripherals & Services) a Administered by the State of Minnesota(hereinafter "Lead State") cn w MASTER AGREEMENT Q U Master Agreement No: M1WVP-134 and WNWNC-115 c' c Hewlett Packard Company N (hereinafter "Contractor") And N State of Washington, Department of Enterprise Services (hereinafter "Participating State") Participating State Contract#05815 a a Page 35 of 35 0 a IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. a x Participating State: Contractor: LO Ul) Name: Name: Matthew C. Keck U Title: Title: Senior Counsel z z Date: Date: 9/16/15 c Partici ting State: Participa ' g State: Cl) \ I B Signat )h1l By(Si ature) a I�)LL� z z 0 tt'� T FA 1 r Y LC� .S e� -,)ryl (- 7-t = tle Title: Q� 1 %�6 /1 Date: AT. Date: Q a� r N R C R Q a a t x w r c m E r Q Packet Pg. 66 8.C.a y 2. Assignment to HP Enterprise and HP Inc (June 2015) and Master Agreement C (Feb 2015) Ui r a U) w o: Q U C N d N R t V L 3 Q R J d 2 Cu M Lf') N r U Z Z C R M d Z Z C E d d L a L C� C C a a Q t x w r C d E r a Packet Pg. 67 8.C.a ASSIGNMENT AGREEMENT This Assignment Agreement is by and among the State of Minnesota, acting through its commissioner of Administration y (State), Hewlett Packard Company, ("Original Contract Vendor") 3000 Hanover Street, Palo Alto, CA 94304, HP Inc., _ ("Assigned Contract Vendor') 1501 Page Mill Road, Palo Alto, CA 94304 and Hewlett Packard Enterprise, ("Assigned Li Contract Vendor") 3000 Hanover Street, Palo Alto, CA 94304. a WHEREAS, the State has an agreement with the Original Contract Vendor, Master Agreement No. MNWNC-115, ("Master w Agreement") effective April 1, 2015 through March 31, 2017 to provide Computer Equipment(Desktops, Laptops, Tablets, Servers and Storage including related peripherals &services); and Q U WHEREAS, the Original Contract Vendor wishes to separate Hewlett Packard Company into two independent companies N and assign all its interests and obligations in the Master Agreement to the Assigned Contract Vendors; , WHEREAS, the assignment provision of the Master Agreement provides assignment of the agreement only upon written v, consent of the State. L NOW THEREFORE,the parties agree to the following: a Q. 0 1. Effective November 1, Master Agreement No. MNWNC-115 is assigned to two independent companies, the a Assigned Contract Vendors The products have been divided as noted below: c a Master Agreement No. MNNVP-133 _ HP Inc. Master Agreement Administrator: Debra Lee; debra.lee@hp com, 847-537-0344 or 847-922-2977 HP Inc. will provide Desktops, Laptops andTablets including related peripherals and services (Bands 1, 2, &3). M Master Agreement No. MNNVP-134 N Hewlett Packard Enterprise .. Master Agreement Administrator: Stacy Kearns; Stacey,lyn.kearns@hp.com, 512-319-3018 Hewlett Packard Enterprise will provide Servers and Storage including related peripherals and services. v (Bands 4 &5). z This Agreement will become effective upon its approval and execution by the parties and approval of the appropriate z State officials, pursuant to Minn. Stat. §16C.05, subd. 2. c 2. The State hereby approves the request of the Original Contract Vendor to assign to the Assigned Contract Vendors all its interests, rights, responsibilities, duties, and other provisions set forth in the Master Agreement,which is attached and incorporated as Exhibit C, provided the Original Contract Vendor and the Assigned Contract Vendors a agree to all provisions set forth in this Assignment Agreement. Furthermore the Assigned Contract Vendors agree to z the Pricing Schedules attached and incorporated as Exhibit A and B. These Pricing Schedules provide clarity to the z established products and discounts assigned to each vendor and fully replace the Original Contract Vendor Master Agreement Pricing Schedule. E 3. The Original Contract Vendor and the Assigned Contract Vendors jointly and severally represent and warrant to the State that: a a. the Original Contract Vendor is not in default of any of its obligations underthe Contract; and ; b. the Original Contract Vendor has assigned to the Assigned Contract Vendors, under separate agreement, sufficient information, rights to technology, and key personnel sufficient to enable the Assigned Contract Vendors to properly perform the duties, responsibilities, obligations, and all other provisions assigned to the Assigned Contract Vendors; in addition, Original Contract Vendor assigns all prepaid funds paid by the 0 Participating Entity under the Master Agreement for services, storage or subscriptions to.the applicable a Assigned Contract Vendor who has received transfer of such services, storage and subscriptions and Q c. the Assigned Contract Vendors are ready,willing, and able to perform all of the duties, obligations, and responsibilities of the Master Agreement. t x 4. The Assigned Contract Vendors accept assignment of all the provisions of the Master Agreement. w r c 5. Ordering and invoicing for Hewlett Packard Company acting through Hewlett Packard Enterprise may begin on or E after 8/1/2015. 0 r a Assignagree7(07113) Assignment Agreement,Master Agreement No.MNWNC-115 Page 2 of 6 Packet Pg. 68 8.C.a Ordering and invoicing for HP Inc. may begin on or after 11/1/2015. Any and all amounts due to Hewlett Packard Company by the Participating Entity for goods and/or services provided by the Hewlett Packard Company Vendor prior to November 1,2015, under the Master Agreement will be paid to c Hewlett Packard Company by the Participating Entity. Any and all amounts due under the Master Agreement on or Li after November 1, 2015,will be paid to the Assigned Contract Vendors by the Participating Entity. a 6. When applicable, payment for remaining work and travel expenses from the Master Agreement will be paid at the to w rates set in the Master Agreement. The amount to be paid to the Assigned Contract Vendors will not exceed the Q Contract's total costs, minus the total payments made to the Original Contract Vendor. v ar 7. The Assigned Contract Vendors will provide proof of.insurance with the coverage and in the amounts called for in S the original solicitation document, attached herein. It is understood currently Hewlett Packard Enterprise is a N subsidiary of Hewlett Packard Company and therefore insured as required. Once the separation occurs November 1, 2015, insurance certificates will be provided for each new company. N 8. The Assigned Contract Vendors will supply Affirmative Action Certification if so required by MN.Stat.§36A.36, or if applicable certify Assigned Vendor is in federal affirmative action compliance pursuant to MN.Stat.§363A.36. a IN WITNESS WHEREOF,the parties have caused this Assignment Agreement to be duly executed intending to be o bound thereby. a 1. ORIGINAL CONTRACT VENDOR � HEWLETT PACKARD COMPANY 4. ASSIGNED CONTRACT VENDOR = The Original Contract Vendor certifies that the appropriate HP Inc, >, person(s)have executed this document on behalf of the Contract The Assigned Contract Vendor certifies that the appropriate Vendor as required by ppiicab�Iebesolutions,or person(s)have executed the Contract on behalf of the Contract ordinances. Vendor as required by applicable.articles,bylaws,resolutions,or ordinances. M By: n Title: Senior Counsel By: June 30, 2015 Title: Senior Counsel r Date: Date: June 30, 2015 z z By: BY' Title: Title: M Dater a Date: > 2. MATERIALS MANAGEMENT DIVISION and z NASPO ValluePoint(formerly WSCA-NASPO) 2 Master Agreement Administrator] 5. ASSIGNED CONTRACT VENDOR In accordance with Minn.St §16C.03,subd.3. HEWLETT PACKARD ENTERPRISE E The Assigned Contract Vendor certifies that the appropriate o B L Contract y y; "`����.1� person(s)have executed the Contract an behalf of Contract � Vendor as required by applicable articles,bylaws,resolutions,or Q ordinances. L Title: Acquisition Management Specialist r Date: -2 1 By. Title: Senior Counsel 3. COMMISSIONER OF ADMINISTRATION Date: June 30, 2015 a Or delegated r sentative. Q e +r By By: x w Date: / Title:z r c a� Date: a Assignagree7(07/13) Assignment Agreement,Master Agreement No.MNVVNC-115 Page 3 of 6 Packet Pg. 69 8.C.a EXHIBIT A y The Assigned Contract Vendors accept assignment of all the provisions of the Master Agreement MNWNC-115. The following pricing schedule reflects the products (Desktops-Band 1, Laptops Band 2, & Laptops Band 3)assigned to Hewlett Packard Inc. and replaces Exhibit B of Master Agreement MNWNC-115 held by Hewlett Packard Company. Q HP INC. LU MNNVP-133 EXHIBIT B - PRICING SCHEDULE COMPUTER EQUIPMENT: DESKTOPS, LAPTOPS, TABLETS •N 1. BASELINEPRICING r r rICE ++ d 2. N BAND _ R DISCOUNTS • V CODE DISCOUNT3 d A ■ 1 DESKTOP im 16% a. BAND 2 LAPTOP , r � Q cc - ' 1' , J Category Exce Lion: Promotions/Smart Bus PROMO 1 0 a. IMPORTANT: The minimum discount is provided, refer to Contract Vendor's Website for any 4 additional discounts and request a quote for bulk/volume discounts. All prices shall be FOB Destination, prepaid and allowed (with freight included in the price). If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance. o 3. THIRD PARTY PRODUCTS TPH 10% 2!� C-ory Exception: Third Party Software TPS 5% See HP NASPOValuePoint Website for Approved Third Party Software & Hardware Manufacturers, r 4. SERVICES - Offered at 7-22% - Contact HP for Time and Materials Rates and Custom z Services Z Services are at the option of the Participating State. The Participating Addendum by each State may address service agreement terms. The majority of HP Branded products include up to a 3 year warranty and HP provides options to upgrade to 2, 3, 4 and 5 year warranty through HP Care Packs M for some products as available. For product specifications & standard warranty included with system a see: http://h71a69.www7.hp.com/ciuickspecs/overview.html#intro > .-..... Z 6. LEASING z Participatinq Addendum may identiN if and how leasing agreement terms will be conducted, 6. ADDITIONAL DISCOUNTS — Request a quote for discounts on bulk/volume purchases. E a. Big Deal Pricing: Contact HP sales for additional savings provided through "special fixed pricing" P (Big Deal). HP offers Multiple Transaction Volume based on the quantity, specific product or a products purchased in a given time period. r b. Cumulative and Special Discounts:_Based on annual volume, HP will evaluate yearly sales on the Master Agreement and may elect to provide potential increased discount per band or provide specials for select products for the product category or series.life cycle. c. Additional BulklVolume Discount Options: HP may provide procuring entities with different a a flexible savings options based on what meets their specific needs and requirements. HP may provide opportunities in the form of additional equipment if allowed by the Participating Entity. x d. Contact HP for detailed list of additional discounts provided. ``� r c E r a Assignagree7(07113) Assignment Agreement,Master Agreement No.MNWNC-115 Page 4 of 6 Packet Pg. 70 8.C.a EXHIBIT B y The Assigned Contract Vendors accept assignment of all the provisions of Master Agreement MNWNC-115.The following pricing schedule reflects the products (Servers Band 4, Storage Band 5)assigned to Hewlett Packard Enterprise and LL replaces Exhibit B of Master Agreement MNWNC-115 held by Hewlett Packard Company. a HEWLETT PACKARD ENTERPRISE MNNVP-134 EXHIBIT B - PRICING SCHEDULE a� COMPUTER EQUIPMENT: SERVERS & STORAGE N 1. BASELINE A PRICING ■ ■ ENTERPRISE d 2. R BAND DISCOUNTS CATEGORYCODE DISCOUNT L 3 ♦ - 0. BAND / SERVER 4M 14% O 0. BAND STORAGE ', cc J IMPORTANT: The minimum discount is provided, refer to Contract Vendor's Website for any additional discounts and request a quote for bulklvolume discounts. All prices shall be FOB Destination, prepaid and allowed (with freight included in the price). If there is a special case where inside deliveN fee must be char ed, the Contract Vendor will notiN the customer in advance. 3. THIRD PARTY ■ !F N Category Exception: Third Party Software TPS 5% Category Exception: Microsoft OIS when purchased with Band 4 items 4M16 0% r See HP WSCA-NASPO Website for Approved Third Part Sof tware & Hardware Manufacturers. z SERVICES - Offered • • and Materials Rates and Custom z Services 3: Services are at the option of the Participating State. The Participating Addendum by each State may address service agreement terms. The majority of HP Branded products include up to a 3 year warranty and HP provides options to upgrade to 2, 3, 4 and 5 year warranty through HP Care Packs CV for some products as available. For product specifications & standard warranty included with system see: http:llh71069.www7.hp.com/guickspoes/overview.html#intro z z LEASING5. +, Participatinq Addendum may identi if and how leasin a reement terms will be conducted. E 6. ADDITIONAL itISCOUNTS — Request a quote s discounts on bulk/volume purchases. a. Big Deal Pricing: Contact HP sales for additional savings provided through "special fixed pricing" a (Big Deal). HP offers Multiple Transaction Volume based on the quantity, specific product or products purchased in a given time period. N b. Cumulative and Special Discounts: Based on annual volume, HP will evaluate yearly sales on the Master Agreement and may elect to provide potential increased discount per band or provide specials for select products for the product category or series life cycle. a c. Additional BulkNolume Discount Options: HP may provide procuring entities with different a flexible savings options based on what meets their specific needs and requirements. HP may provide opportunities in the form of additional equipment if allowed by the Participating Entity. w d. Contact HP for detailed list of additional discounts provided. E r a Assignagree7(07/13) Assignment Agreement,Master Agreement No.MNWNC-115 Page 5 of 6 Packet Pg. 71 8.C.a y C 3 LL EXHIBIT C a U) MASTER AGREEMENT MNWNC-115LU a U C N () to R t V L Q R J d 2 R lY M Ln N LO r r U Z Z C R M r d Z Z C E d d L a L CC C a a Q t x Lu r C a) E Assignagree7(07/13) Assignment Agreement,Master Agreement No.MNWNC-115 Page 6 of 6 r a Packet Pg. 72 8.C.a ....... .. ::. STATE OF MINNESOTA Materials Management Division LL 112 Administration Building 50 Sherburne Avenue St.Paul,MN 55155 i3 ` rwasrr r aoxt�iur rear o; Voice:661.296.2600 LU Fax: 651.297.3996 Q U as MINNESOTA W.SCA-NASPO MASTER AGREEMENT AWARD N WITH. Hewlett Packard Company . .FOR ' L COMPUTER EQUIPMENT. (Desktops, Laptops, Tablets, Servers, and Storage a including Related Peripherals & Services) o ,z To: Hewlett-Packard Company CONTRACT NO: MNWNC-116 ra 3000 Hanover Street J Palo Alto, CA 94304 a x CONTRACT PERIOD: April I 2015,or upon final >+ Contract Vendor Administrator executed signatures, Debra Lee whichever is later Email:debra.lee@hp.com Through March 31,2017 Phone: $47.537.0344 9 r� EXTENSION OPTION: UP TO 36 MONTHS N Yov are hereby notified that your response to our solicitation,which opened January 31,2014, is accepted. The following `n documents,in order of precedence,are incorporated herein by reference and constitute the entire Contract between you r and the State: 1.A Participating Entity's Participating Addendum("PA")A Participating Entity's Participating Addendum U shall not diminish,change,or impact the rights of the Lead State with regard to the Lead State's contractual relationship Z with the Contract Vendor under the Terms:of Minnesota WSCA-NASPO Master Agreement.;2. Minnesota WSCA-NASPO z Master Agreement(includes negotiated Terms and Conditions); 3.The Solicitation;and 4.the Contract Vendor's z response to the Solicitation.These documents shall be read to be consistent and complementary.Any conflict among 'a these documents shall be resolved by giving priority to these documents in the order listed above. c v IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed intending to be bound thereby. ti 1. HFWLETT PACKARD COMPANY 2. MINNESOTA MATERIALS MANAGEMENT DIVISION > The Contractor certifies that the appropriate person(a)have In accordance with Minn.5tat.§1 03,subd.3. Z executed this Agreement on behalf of the Contractor as required Z by appi able des,bylaws resolutions,or ordinances, 13 ue � y: •_ ( jj By � Title: MasterA r ament Administ E ma �" M Tile: { P�j'f` l�ltkt jci. Date: 51-Z -� i � r � Date: P r Q L i3y: 3. MINNESOTA COMMISSIONER OF ADMINISTRATION �a Or delegated representative. The - By. Onglinalsigneal Date: a FEB 2 6 2015 a By LucasJ. Jannett x W 1 CONTPACTMO- MNWNC-116 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E t V to r a Packet Pg. 73 . 8.C.a 4 y 3 COMPUTER EQUIPMENT r 2014-2�1 a ispa�rrFup aarvtsrr� ::.. w Q MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD �N TABLE OF CONTENTS D TABLE OF CONTENTS................... ............ . . .....................................................................................................2 a a SUMMARY.._......................................................................... .......................................................................................3 a EXHIBIT A-TERMS&CONDITIONS..................... ....................5 f° ................................................................................... J EXHIBITB PRICING....................................................................................................................................................23 a x EXHIBIT -PRICING SCHEDULE........................................................I..................... .. ..................................26 EXHIBIT C-PRODUCT AND SERVICE SCHEDULE(PSS).................................... ...........................................26 m EXHIBITD -WEBSITE................................................ ....................................... ................................................27 M EXHIBIT E-ACTION REQUEST UPDATE FORM(ARF).............................................................. ............ ............. . ........., .............28 (.0 N EXHIBITF REPORTING...............................................................................................................................................30 ul) EXHIBIT G-DEFINITIONS................... ...................31 r • U Z Z R M d Z Z E d d L a L C cu a a ' t x w r c a� 2. CONTRACT NO. MHWNC415 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACICARD COMPANY E t R r a Packet Pg. 74 8.C.a E N ri COMPUTER EQUIPMENT � y f ae�:a°rirr� r tr �ariatefmlaro w Q U MINNESOTA WSCA-NASPQ MASTER AGREEMENT AWARD N SUMMARY 1. BACKGROUND.The State of Minnesota, Department of Administration,Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement L Program("WSCA-NASPO")resulting in a Master Agreement Award.After evaluation by a multi—state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers-for a - Computer Equipment(Desktops,Laptops,Tablets,Servers,and Storage Including related Peripherals& o Services). J The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on a the Master Agreement.The configuration limits and restrictions for this Master Agreement are provided below. _ Participating Entities may revise these in their Participating Addendum, Bands awarded are identified below: Band 1:Desktop Band 3:Tablet Band 5:Storage Band 2:Laptop Band 4:ServerLO The original solicitation included Band 6: Ruggedized.This band has been removed and ruggedized equipment will be allowed in Bands 1-5.The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE.The Master Agreement contract term will begin on April 1,2015, or upon final executed r signatures,whichever is later,through March 31,2017,with the option to extend up to 36 months, upon agreement by Z both parties. Contract Sales may not begin until the Website,'Product and Service Schedule and third party products 3: have been approved by the Master Agreement Administrator. Z 3. PARTICIPATION.All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums(PA)at the option of Participating States. Participating States reserve the right M to add State specific terms and conditions and modify the scope of-the contract in their Participating Addendum as allowed by the Master Agreement. a Z 4. .CONFIGURATION DOLLAR LIMITS.The following configuration limits apply to the Master Agreement, Participating Z States may define their configuration limits in their participating addendum.The Participating State's Chief Procurement Official may increase or decrease the configuration limits,as defined in their Participating Addendum. The Participating.State wilt determine with the Contract Vendor how to approve these modifications to the State's E Product and Service Schedule. m L The dollar limits identified below are based on a SINGLE computer configuration.This is NOT a restriction on the Q purchase of multiple configurations (e.g. an entity could purchase 10 laptops @$10,000 for a total purchase price of (D $100,000). N ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Q Laptops $ 10,000 a Tablets $ 5,000 Q Peripherals $ 5,000 Services Addressed by each State in participating addendum t " Configuration is defined as the combination of hardware and software components that make up the total functioning L j system. Software purchases are considered a part of the configuration limit of the equipment. c a� 3 CONTRACT NO, MNVIINC-11$ MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWL.ETT PACKARD COMPANY E V R a Packet Pg. 75 8.C.a 5. RESTRICTIONS.The following restrictions apply to the Master Agreement.A Participating State may set further restrictions of products in'their Participating Addendum_The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. c a. Software u_L 1. Software is restricted to operating systems and commercial vff the-shelf(COTS)software and is subject to equipment configuration limits. Q 2.' Software is an option which must be related to the procurement of equipment. w 3. Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment,but is related to storage and Q server equipment(Band 4&5)purchased,is allowed and may be procured after the initial purchase of v a� equipment. N b. Services 1. Services must be related to the procurement of equipment, m 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured.as managed on-site.services are not allowed. 5. Managed Print Services are not allowed. a a 0 c. Third Party Products. a 1. ,Contract Vendors can only offer Third Party Products in the bands they have been awarded. c 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota a WSCA-NASPO Master Agreement unless approved by the Lead State. _ d. Additional Product/Services 1. Hardware and software required to solely support wide area network(WAN)operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. � 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis,if approved by the State's Chief LO Procurement Officer. r U 6. 'PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Z Agreement independently has the option of utilizing partners. Only partners approved by the Participating State may z be deployed.The participating State will define the process to add and remove partners in their participating addendum. ' c v M a- Z Z C E d d L a L C a - a Q t x w r c ar 4 CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E t V R r a Packet Pg. 76 • 8.C.a , y r #. k LL COMPUTER EQUIPMENT .. . .. a .. 2014-2015 epA r A.off J r INtSrfiOlbk Lu Q MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD N EXHIBIT A - TERMS & CONDITIONS MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS a 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful 0. 0 responder will become Master Agreement contractual obligations,along with the final Master Agreement, if acquisition a action ensues.A statement of acceptance of-the proposed Contract Terms and Conditions, unless taken exception to; c as specified in the RFP must be included in the response.Any suggestions for alternate language shall be presented. a The Lead State is under no obligation to accept wording changes submitted by the responder.The Lead State is _ solely responsible for rendering decisions in matters of interpretation on all terms and conditions.Any response which 4 fails to comply with this requirement maybe disqualified as nonresponsive. All general proposal terms,specifications and WSCA-NASPO Terms&Conditions form a part of this RFP and will cY, apply to any Master Agreements entered into as a result thereof. LO 2. .CONFLICT.OF TERMSIORDER OF PRECEDENCE: Ln a. A Participating Entity's Participating Addendum("PA"); r b. Minnesota WSCA-NASPO Master Agreement(includes negotiated Terms&Conditions) c. The Solicitation including all Addendums;and z d.. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict a zmong these documents shall be z resolved by giving.priority to these documents in the order listed above,Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, M including terms and conditions listed in the Contract Vendor's response to the Solicitation,or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor-quotation/sales order or in similar documents a subsequently provided by the Contract Vendor.The solicitation language prevails unless a mutually agreed exception z has been negotiated.. z 3. ADDENDA TO THE RFP.Any addendum issued will become a part of the RFP.The Lead State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the E directions on the addendum.Addenda will be numbered consecutively in the order they are issued. m m L 4. .AWARD.The award of this solicitation will be based upon the total accumulated points as established in the RFP,for Q separate items, by grouping items,or by total lot,and where at its sole discretion the Lead State believes it will receive the best value.The Lead State reserves the right to award this solicitation to a single responder,or to multiple responders,whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer,to reject all offers,to cancel the solicitation,or to re- issue the solicitation,whichever is in the best interest of the Lead State. 0 0 a The Sourcing Team will make a recommendation on the award of this.R1=P.The commissioner of Administration or a designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by Q the Commissioner of Administration and the WSCA-NASPO Management Board. - t 5. CLARIFICATION. If a responder discovers any significant ambiguity,error,conflict, discrepancy,omission, or other Lu X deficiency in the RFP,the responder shall immediately notify the Acquisition Management Specialist in writing, as c a� 5 CONTRACT IUD. MNWNG-145 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E V R r.+ a Packet Pg. 77 . 8.C.a i specified in the introduction,of such.error and request modification or clarification of the document.This notification is due no Eater than seven calendar days prior to the proposal due date and time, y z3 Responders are cautioned that any activity or communication with a State employee or officer,or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may,as a result, have its LL response rejected. Any communication regarding this Solicitation, its content or process,must be directed to the Acquisition Management Specialist listed in the Solicitation documents. Q U) w 6. COMPLETION OF RESPONSES.A response may be rejected if it is conditional or incomplete. Responses that � -- -contain contlicting,-false!-or-misleading statements or that provide references that contradict or do not-support an - - attribute or condition stated by the responder,may be rejected. N 7. MASTER AGREEMENT ADMINISTRATOR.The Master Agreement Administrator designated by VIISCA-NASPO and +, the State of Minnesota, Department of Administration is:Susan Kahle. Direct all correspondence and inquiries, legal questions,general issues,or technical issues regarding this RFP to: N Susan Kahle L Acquisition Management Specialist Fax: 651,297.3996 Department of Administration E-mail: susan.kahle state.mn.us Q. Materials Management Division 0 50 Sherburne Avenue cc 112 Administration Building _J St. Paul, MN 55155 iZ x 8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR.All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed.The evaluation process is complete when negotiations with the selected vendors are final. M to By executing this Contract,the Contract Vendor certifies and agrees that all information provided in the Contract and LO in response to the solicitation will be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. LO r If the Contract Vendor submits information after execution of this Contract that it believes to be trade secret ci materials,as defined by the Minnesota Government Data Practices Act,Minn.Slat.§13.37,the Contract Vendor Z must: z a. clearly mark all trade secret materials at the time the information is submitted; z b, include a statement with regard to the information justifying the trade secret designation for each item;and, c. defend any action seeking release of the materials it believes to be trade secret,and indemnify and hold harmless = the Lead State, its agents and employees,from any judgments awarded against the Lead State in favor of the party requesting the materials,and any and all costs connected with that defense.This indemnification survives the Lead State's award of a Master Agreement. In submitting a response to the RFP,the responder agrees that a this indemnification survives as long as the trade secret materials are in possession of the Lead State.The Lead > State willnot consider the prices submitted by the responder to be trade secret materials. Z 9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document,which includes, but is c not limited to,the terms,conditions,and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due date and time.Any issue a responder has with the Master m Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued.This notice may be made by any of the following methods: Q notification by letter,fax or email, or posted on the Materials Management website,www.mmd.admin.state.mn.us.The M Lead State will respond to any protest received that follows the above procedure. For those protests that meet the N above submission requirements,the appeal process is, in sequence. The responsible Master Agreement f° Administrator,the Materials Management Division(MMD)Assistant Director,and the MMD Director. c 10. ELECTRONIC FILES TO DOWNLOAD,COMPLETE,AND RETURN. Responders must download a WordlExcel f° document. n 11. ENTIRE AGREEMENT.A written Master Agreement(including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference)and any written addenda thereto constitute the entire x agreement.of the parties to the Master Agreement. w r c a� 6 CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E V R y Q Packet Pg. 78 8.C.a 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal,and subject to all conditions thereof,the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission headline date unless stated otherwise in the RFP. It is understood and agreed that the response,or any }part thereof,when accepted by the appropriate department and State officials in writing, may become part of a legal � and binding Master Agreement between the undersigned vendor and the State of Minnesota. u_ r . a 13. MATERIAL DEVIATION.A responder shall be presumed to be in agreement with these terms and conditions unless it cn takes specific exception to one or more of the conditions.Submission by the responder of its proposed language shall w not be viewed as an exception unless the responder specifically states in the response that its proposed changes are Q intended to supersede the-terms and-conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY c DEVIATING FROM THE REQUEST FOR PROPOSAL.IF A RESPONDER'MATERIALLY DEVIATES FROM THE N GENERAL TERMS,CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO Perms and conditions an&or specifications that: L a. gives the responder taking the exception a competitive advantage over other vendors;or, a b.. gives the Lead State something significantly different from that which the Lead State requested. 0 14. NONRESPONSIVE RESPONSES. Responses that do not comply With the provisions in the RFP may be considered cc nonresponsive and may be rejected. a 15. NOTICES. If one party is required to give notice to the other under the Master Agreement,such notice shall be in writing and shall be effective upon receipt.Delivery may be by certified United States mail or by hand,in which case a signed receipt shall be obtained.A facsimile transmission shall constitute sufficient notice,provided the receipt of-the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes.All notices to the Lead State shall be addressed as follows: to N STATE OF MINNESOTA: LO MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR r 112 Administration Bldg: ci 50 Sherburne Avenue Z St. Paul,MN 55155 3: 651-296-2600 Z c v M d Z Z C E m d L a L CC� C • (Q a a Q t x w c a� 7 CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPLETER EQUIPMENT HEWLETT PACKARD COMPANY E t V R a Packet Pg. 79 . 8.C.a MASTER AGREEMENT TERMS A,ND CONDITIONS l B.WSCA-NASPO TERMS AND CONDITIONS 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one tenth of one percent(0.1%or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later than 60 days r following the end of each calendar quarter.The WSCA-NASPO.AdministratiVe Fee shall be submitted quarterly and is based on sales of products and services(less any charges for taxes or shipping).The WSCA-NASPO Administrative . U) Fee is not negotiable.'This fee is to be included as part of the pricing submitted with proposal. w Q Additionally;-some states may require an additional fee be paid directly to the state on purchases made by Purchasing v Entities within that state.For all such requests,the fee level,payment method and schedule for such.reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement.The nr Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state..All such agreements may not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the;urisdiction of the state requesting the additional fee. vi ° Z AGREEMENT ORDER©F_PRECEDENCE. The Master Agreement shall consist of the following documents: a. A Participating Entity's Participating Addendum("PA"); a b. Minnesota WSCA-NASPO Master Agreement(includes negotiated Terms and Conditions) a c. The Solicitation including all addendums;and ° d. Contract Vendor's response to the Solicitation c These documents shall be read to be consistent and complementary.Any conflict among these documents shall be a resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that = apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibitor Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation,or terms listed or rr referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor.The solicitation language prevails unless a mutually agreed exception to has been negotiated. LO LO 3. AMENDMENTS.The terms of this Master Agreement shall not be waived, altered,modified;supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Master Agreement . v Administrator. z 4. ASSIGNMENT OF ANTITRUSTRIGHTS, NEGOTIATED.Contract Vendor irrevocably assigns to a Participating z Entity any claim for relief or cause of action which the Contract Vendor now has or which may accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws(15 U.S.C.§1-15 or a Participating c Entity's state antitrust provisions),as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Contract Vendor's obligations under this Master Agreement or Participating Addendum, including,at a Participating Entity's option,the right to ri control any such litigation on such claim for relief or cause of action to the extent the assignment is necessary for the > Participating Entity to overcome Federal or State's bar on indirect purchases. z S. ASSIGNMENTISUBCONTRACT.NEGOTIATED Contract Vendor shall not assign,sell,transfer,subcontract or sublet rights,or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written ° approval of the WSCA-NASPO Master Agreement Administrator. m L Lead State,or Participating Entity,shall not assign,delegate or otherwise transfer all or any part of this Agreement without prior written consent from Contractor,except for assignment or delegation to a Participating Entity State agency or eligible Purchasing Entity. N 6. CANCELLATION.Unless otherwise stated in the terms and conditions,any Master Agreement may be canceled by either party upon 60 clays'notice, in writing, prior to the effective date of the cancellation. Further,any Participating c Entity may cancel its participation upon 30 days written notice,unless otherwise limited or stated in the special terms f° and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in a part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at Q the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goodstservices delivered and accepted,and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default may be immediate w if defaults cannot be reasonably cured as allowed per Default and Remedies term. .. .r c 8 C014TRACT NO. MNVVNC-115 MASTER AGREEMENT AWARD COMPUTER E6IUIPMENT HEWLETT PACKARD COMPANY E E t V R r.+ a Packet Pg. 80 8.C.a 1 7. CONi=IDENTIALITY,..NQWDI_SCUMRE AND INJUNCTIVE RELIEF.NEGOTIATED ' 7.1 Confidentiality.Contract Vendor acknowledges that it and its employees or agents may, in the course of c providing the Product under this Master Agreement, be exposed to or acquire.information that is confidential to Participating Entity or Participating Entity s clients. Any and all information of any form that is marked as confidential t or would by its nature be deemed confidential obtained by Contract Vendor or its employees or agents in the performance of this-Master Agreement, including, but not necessarily limited to(a)any Participating Entity records, Q (b)personnel records,and.(c)information concerning individuals, is confidential information of Participating Entity LU ('Confidential Information").,Any reports or other documents or items (including software)that result from the use of Q -the Confidential Information by Contract Vendor shall be treated in the same manner as the Confidential Information. c� Confidential Information does not include information that(a)is or becomes(other than by disclosure by Contract c Vendor)publicly known;(b)is furnished by Participating Entity to others without restrictions similar to those imposed N by this Master Agreement; (c)is rightfully in Contract Vendor's possession without the obligation of nondisclosure , prior to the time of its disclosure under this Master Agreement;(d)'is obtained from a source other than Participating D Entity without the obligation of confidentiality,(e)is disclosed with the written consent of Participating Entity or; (f)is N -independently developed by employees,agents or subcontractor of Contract Vendor who can be shown to have had t no access to the Confidential Information L 7.2 Non-Disclosure- Contract Vendor shall hold Confidential Information in confidence,using at least the industry 3 standard of confidentiality,and not to copy,reproduce,sell,assign, license,market,transfer or otherwise dispose of, Q. give,or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever 0 other than the performance of this Master Agreement to Participating Entity hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contract Vendor shall use _J commercially reasonable efforts to assist Participating Entity in identifying and preventing any unauthorized use or rL x disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contract Vendor shall advise Participating Entity immediately if Contract Vendor learns,or has reason to believe that any person who has had access to Confidential information has violated or intends to violate the terms of this Master Agreement and Contract Vendor,shall at its expense Cooperate with Participating Entity in seeking injunctive or other equitable relief in the name of Participating Entity or Contract Vendor against any such person. Except as directed by Participating to Entity, Contract Vendor will not at any time during or after the term of this Master Agreement disclose,directly or "' N indirectly, any Confidential Information to any person,except in accordance with this Master Agreement,and that LO .'upon termination of this Master Agreement or at Participating Entity's request, Contract Vendor shall turn over to :participating Entity all documents, papers,and other matter in Contract Vendor's possession that embody Confidential Information. Notwithstanding the foregoing,Contract Vendor may keep one copy of such Confidential Information Z necessary for quality assurance,audits and evidence of the performance of this Master Agreement. 3: 7.3 Injunctive Relief.Contract Vendor acknowledges that breach of this Section, including disclosure of any Z Confidential Information,will cause irreparable injury to Participating Entity that is inadequately compensable in damages. Accordingly, Participating Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contract Vendor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate M business interests of Participating Entity and are reasonable in scope and content. .7.4.ContragWE IoL rmation. Contractor information exchanged under this Agreement will be treated as confidential j if identified and labeled as such at disclosure and if the circumstances of disclosure would reasonably indicate such Z treatment to the extent is is protected from disclosure under governing law. Confidential information may only be used for the purpose'of fulfilling obligations or exercising rights under this Agreement,and shared with employees, agents(including WSCA-NASPO Cooperative Purchasing Organization LLC)or contractors with a need to know such E information to support that purpose. Confidential information will be protected using a reasonable degree of care to prevent unauthorized use or disclosure for three(3)years from the date of receipt or(if longer)for such period as the L information remains confidential. These obligations do not cover information that:)was known or becomes known to the receiving party without obligation of confidentiality; ii)is independently developed by the receiving party; or III) Q where disclosure is required by law or a governmental agency. Contractor acknowledges that pricing, reported usage, N and other provisions of this Agreement that describe the products and services available under the master agreement ca may be made publicly available.by WSCA-NASPO to promote use of the Agreement and shall not be considered Confidential.information. c 7.6. personal Information. Each party shall comply with their respective obligations under applicable data protection f° legislation. Contractor does not intend to have access to personally identifiable information("Pll")of Participating a Entity in providing services. To the extent Contractor has access to Participating Entity Pll stored on a system or Q device of Participating Entity, such access will likely be incidental and Participating Entity will remain the data controller of Participating Entity PI l at all times. Contractor will use any Pil to which it has access strictly for purposes of delivering the services ordered. x w r c a� 9 CONTRACT NO. MNWNC-116 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLErT PACKARD COMPANY E C> R r a Packet Pg. 81 8.C.a 1.6 Participating Entity is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8. DEBARMENT.The Contract Vendor certifies that neither it nor its principals are presently debarred,suspended, proposed for debarment,declared ineligible,or voluntary excluded from participation in this transaction(Master ri Agreement)by any governmental department:or agency. If the Contract Vendor cannot certify this statement, attach a Q written explanation for review by WSCA-NASPO. w In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the __ .. use.of..federal funding,to the.extent.another form of certification is not required by a Participating Addendum or the v order of the Purchasing Entity,the Contractor's quote represents a recertification consistent with the terms of al paragraph S,Section 2D,Minnesota Terms and Conditions .N 9. DEFAULIS&REMEDIES.NEGOTIATED. a. The occurrence of any of the following events shall be an event of default underthis Master Agreement: N 1; Nonperformance of contractual requirements;or li. A material breach of any term.or condition of this Master Agreement;-or Ili. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement a proves to be untrue or materially misleading;or 0. iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by.or against o Contract Vendor, or the appointment of a receiver or similar officer for Contract Vendor or any of its property, cc which is not vacated or fully stayed within thirty(30)calendar days after the institution or occurrence thereof, or a v.- Any default specified in another section of this Master Agreement. _ b. Upon the occurrence of an event of default,Lead State shall issue a written notice of default,identifying the. nature of the default,and providing a period of 30 calendar days in which Contract Vendor shall have an opportunity to cure the default.The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole.or in part if the Lead State,in its sole . discretion,determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. LO Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. LO c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the r written notice of default,Contract Vendor shall be in breach of its obligations under this Master Agreement and v Lead State shall have the right to exercise any or all of the following remedies: Z I. Exercise any remedy provided by law;and z H. Terminate this Master Agreement and any related Master Agreements or portions thereof;and iii. Impose.liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations;and v. Suspend Contract Vendor's performance;and M vi: Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum,a Participating Entity shall provide a written notice of a default as described in this section and have all of the rights and remedies under this paragraph regarding its z participation in the Master Agreement, in addition to those set forth in its Participating Addendum.Unless Z otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms E and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the L applicable commercial code. al e: Contractor may discontinue performance with any Purchasing Entity if Purchasing Entity fails to pay any Q undisputed sum due,or with any Participating Entity if after thirty(30)days.written notice Participating Entity has r not cured any other material failure to perform under this Agreement. 10. DELIVERY. Unless otherwise indicated in the Master Agreement,the prices are the delivered price to any Purchasing Entity. All deliveries shall be F_O_B_destination with all transportation and handling charges paid by the Contract Vendor_Additional delivery charges will not be allowed for back orders. a 11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by Q fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably x prevent successful performance of the Master Agreement, w r c ar 10 CONTRACT NO. IMNWNC-115 (MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E t V R - a Packet Pg. 82 8.C.a 12. 130VERNING LAW. This procurement and the resulting agreement shall be governed by and construed in , accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and y effect of any Participating Addend um or order against the Master Agreements shall be governed by and construed in = accordance with the laws of the Participating Entity's State. Venue for any claim,dispute or action concerning an ri 'order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State. Q U) LU 13. INDEMNIFICATION.DELETED SEE SECTION 2C17 Q 14 INDEMNIFICATION—INTELLECTUAL PROPERTY. DELETED SEE SECTION 2C17 � c 15. INDEPENDENT CONTRACT VENDQR.The Contract Vendor shall be an independent Contract Vendor,and as such shall have no authorization,express or implied to bind VVSCA-NASPO or the respective states to any agreements, settlements,liability or understanding whatsoever,and agrees not to perform any acts as agent for WSCA-NASPO or m the states, except as expressly set forth herein. t 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum,each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the a same rights and responsibilities fortheir purchases as the Lead State has in the Master Agreement,including but not o limited to,any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating a Addendum for their purchases.Each Purchasing Entity will be responsible for its own charges,fees,and liabilities. cc The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. a 17. INSURANCE. NEGOTIATED. Except to the extent modified by a Participating Addendum,Contract Vendor shall, during the term of this Master Agreement,.maintain in full farce and effect,the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VI or better,in the most recently published edition of r, Bests Reports, Failure to buy and maintain the required insurance may result in this Master Agreement's termination to or at a Participating Entity's option, result in termination of its Participating Addendum. LO Coverage shall be written on an occurrence basis.The minimum acceptable limits shall be as indicated below,for r each of the following categories: cj a. Commercial General Liability covering the risks of bodily injury(including death), property damage and personal Z injury, including coverage for contractual liability,with a limit of not less than$1 million per occurrencet$2 million z general aggregate; b. Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. v The Contract Vendor is responsible for payment of Contact related prem lurns.on all insurance policies,and deductibles. CL Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to z the Contract Vendor's general liability insurance policy that(i) includes the Participating Entity as an additional insureds Which endorsement may be met through the use of what is referred to as a"blanket'additional insured endorsement,and(ii)provides that the Contract Vendor's liability insurance policy shall be primary,with any liability E insurance of the Participating Entity as secondary and noncontributory. L Contract Vendor shall furnish to Participating Entity.copies of certificates'of all required insurance within thirty(30) Q calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal (D certificates of all required insurance shall be furnished, upon request. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section.Failure to provide evidence of coverage may,at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. a Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. (L Q % LAWS AND REGULATIONS: NEGOTIATED,Any and all supplies, services.and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. w c a� E 11 CONTRACT NO. MNWNC-116 MASTER AGREEMENT AWARE)COMPUTER E©UIPMENT HEWLETT PACKARD COMPANY V R r a Packet Pg. 83 8.C.a If software is licensed to Participating Entity for use in the performance of a US Government prime contract or subcontract, Participating Entity agrees that consistent with FAR 12.211 and 12.212, commercial computer software, y documentation and technical data for commercial items are-licensed under publisher's standard commercial license. c Products and services provided under these terms are for Participating Entity$internal use and not for further LL commercialization. Participating Entity is responsible for complying with applicable laves and regulations, including but not limited to,obtaining any required export or import authorizations if Purchasing Entity exports,imports or otherwise Q transfers products and/or deliverables provided under this Agreement. LU - 19. LICENSE_OF PRE-EXISTING INTELLECTUAL PROPERTY DELETED--SEE SECTION 21330 FOR REVISED cap TERM ADDRESSING TITLE OF PRODUCT. N --- -20.-NO-WAIVER-OF SOVEREIGN-IMMUNITY. The Lead State, Participating Entity or Purchasin Entity to the extent it applies does hot Waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. N If a claim must be brought in a federal forum,then it must be brought and adjudicated solely and. L exclusively within the.United States District Cour(of the Participating Entity's State. 3 a a 21. ORDER NUMBER& NEGOTIATED Contract order and purchase order numbers shall be clearly shown on all o r acknowledgments,shipping labels(if possible),packing slips, invoices,and on all correspondence. cc J "Order"means the accepted order including any supporting materials which the parties identify as incorporated either a x by attachment or reference("Supporting Materiale)- Supporting Materials may include(as examples)product lists, hardware or software specifications,standard or negotiated.service descriptions,data sheets and their supplements, and statements of work(SOWS),published warranties and service level agreements,and may be available to Participating Entity in hard copy or by accessing a designated Contractor website. M to 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. N It is a nonprofit cooperative purchasing organization assisting states in administering the WSCA/NASPO cooperative purchasing program for state government departments,institutions,agencies and political subdivisions(e.g., colleges, school districts,counties,cities,etc.,)for all 50 states and the District of Columbia. Obligations under this Master r Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated Z by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or 3: other state agencies and institutions having available funds. Participating States incur no financial obligations on Z behalf of political subdivisions. Unless otherwise specified in the solicitation,the resulting award will be permissive_ c 23. PARTICIPATION OF ENTITIES Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other,entities(including cooperatives)authorized by individual state's statutes to use state M contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and a eligibility for participation are solely within the authority of the respective State Chief Procurement Official. > Z 24. PAYMENT..NEGOTIATED. Payment for completion of an order under this Master Agreement is normally made Z within 30 days following the date the entire order is delivered or the date a correct invoice is received,whichever is later. After 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent E per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or E political subdivision"Purchasing Card"with no additional charge. ;v ar Prices are exclusive of taxes, duties,and fees, unless otherwise quoted. If a withholding tax is required by law,the Q tax will be added and identified on the applicable invoice. Prices include the fee as specified in section 1. 25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 26. RECORDS ADMINISTRATION AND AUDIT. NEGOTIATED.The disclosure of records in Participating States a relating to Participating addenda and orders placed against the Master Agreement shall be governed by the laws of Q the Participating State and entity who placed the order. The Contractor shall maintain books, records,documents,and other evidence pertaining to this Master Agreement w and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, c 12 CONTRACT No- MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETr PACKARD COMPANY E V R r.+ a Packet Pg. 84 8.C.a a Purchasing Entity,the federal government(including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency,to audits inspect,examine, copy and/or transcribe Contractor's books,documents,papers and records directly pertinent to this Master Agreement or orders placed by a -a Purchasing Entity under it for the purpose of making audits,examinations,excerpts,and transcriptions. This right shall survive for a period of five(5)years following.termination of this Agreement or final payment for any order placed. U_ by a Purchasing Entity against this Agreement,whichever is later,to assure compliance with the terms hereof or to Q evaluate performance hereunder. w Without limiting any other remedy available to any governmental entity;the Contractor shall reimburse the applicable Lead State,Participating Entity,or Purchasing Entity for an overpayments inconsistent with the terms of the Mastery Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. - The rights-and-obligations-herein-right exist in addition-to-any quality assurance-obligation-in the Master Agreement - N requiring the Contractor to self-audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. N Records will be retained longer if required by Participating Entity's law, L Contractor will be advised with reasonable prior written notice of each audit. The parties will work together in good o_ faith to establish an audit process that does not interfere with Contractor's ability to perform its obligations under this o Agreement or any other agreement,or compromise any reasonable security processes or procedures. Contractor will provide the auditor with information reasonably required to effect the audit, provided however that Contractor reserves � the right to impose limitation or require additional assurances from Customer and its auditor as may be necessary to (- protect the Confidential Information of Contractor to the extent such limitations and assurances are not in conflict with Participating Entity's goveming laws. In no event will Contractor be required to provide Customer or its auditor with access to Contractor's internal costs and resource utilization data,or data related to employees or other customers of f° Contractor to the extent It's not in conflict with Participating Entity's governing law. M 27. REPORTS-SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this °solicitation,the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the r WSCA-NASPO Quarterly Sales/Administrative Pee Reporting Tool found at v htto:Ilwww.nasba,oroNVNCPO/Calculator.aVx. Anylall sales made under the contract shall be reported as cumulative totals by state: Even if Contractor experiences zero sales during a calendar quarter,a report is still z required. Reports shall be due no later than the last day of the month following the end of the calendar quarter(as specified in the reporting tool). b. Detailed Sales Data.Contract Vendor shall also report detailed sales data by: state;entity/customer type,e.g., local government, higher education,K12,non-profit; Purchasing Entity name; Purchasing Entity bill-to and ship to M locations; Purchasing Entity and Contract Vendor Purchase Order identifierinumber(s); Purchase Order Type e.g.,sales order,credit, return, upgrade,determined by industry practices); Purchase Order date;Ship Date;and j line item description,including product number if used. The report shall be submitted in any-form required by the Z solicitation. Reports are due on a quarterly basis and must be received by the Lead State-no later than the last Z day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development"Team electronically through.email; CD-Rom,jump drive'oe other electronic matter as determined-by the Lead State. E - m Detailed sales data reports shall include sales information for all sales under Participating Addenda executed Q under this Master Agreement.The format for the detailed sales data report is in Section S,Attachment H. L a� r c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum.Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. d. Timely subrriission of these reports is a material requirement of the Master Agreement.The recipient of the reports shalt have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO a shall have a perpetual,irrevocable, non-exclusive, royalty free,transferable right to display, modify,copy, and Q otherwise use reports,data and information provided under this section. 28. ACCEPTANCE AND ACCEPTANCE TESTING. NEGOTIATED. x a. Acceptance. Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place w orders under this Master Agreement)shall determine whether all Products and Services delivered meet the a� 13 CONTRACTNO. MNWNC-115 MASTER AGREEMeAT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E V R r a Packet Pg. 85 8.C.a Contractor's published specifications(a.k.a."Specifications'). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services.The Purchasing Entity will make every effort to notify the Contractor within thirty(30)calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days _ from delivery of Product or completion of Service,the Product and.Services will be deemed accepted on the 31"� li day after delivery of Product or completion of Services.This clause shall not be applicable,if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. . Q b. Acceptance Testing.The Purchasing Entity(the entity authorized under the terms of any Participating w Addendum to place orders under•this Master Agreement)and the Contract Vendor shall determine if Acceptance Q ..._ esting_is-applicable and/or required for the purchase.The terms in regards.to.acceptance testing.will.be_._...._..._._.. U negotiated, in writing,as mutually agreed. If Acceptance Testing is NOT applicable,the terms regarding a, Acceptance in the Contract shall prevail. S c.-installation- if Contractor is providinginstallation with the product purchase, Contractor's site guidelines (available upon-request)will describe the facilities Participating Entity is required to provide. Contractor-will_ __. . -conduct its standard installation and test procedures to confirm completion. m N 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product,the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a'system' Q. is defined at the time of the Order,otherwise the rights of the Purchasing Entity shall be governed by the Warranty. o .r cc - a 30. TITLE OF PRODUCT. NEGOTIATED a OWNERSHIP _ a. Intellectual-Property Rights. No transfer of ownership of any intellectual property will occur under this Agreement. :L_ Purchasing Entity grants Contractors non-exclusive,worldwide,royalty-free right and license to any intellectual property that is necessary for Contractor and its designees to perform the ordered services. If deliverables are created by Contractor specifically for Purchasing Entity and identified as such in Supporting Material, Contractor to hereby grants Purchasing Entity a worldwide, non-exclusive,fully paid, royalty-free license to reproduce and use N copies of the deliverables internally. -- b. Title. Title for.hardware products will pass upon delivery to Customer or its designee. Where permitted by law, LO HP retains a security interest in products sold until full payment is received. r U 31. WAIVER OF BREACH. Failure of Lead State.Master Agreement Administrator, Participating Entity, or Purchasing Z Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master. Z Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator,Participating Entity,or Purchasing-Entity of any default, right or remedy under.this Master Agreement or Participating Addendum,or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement,or of any M other term or requirement under this Master Agreement,a Participating Addendum,or order. a 32. WARRANTY. NEGOTIATED.The warranty provided must be the manufacturers written warranty tied to the product Z at the time of purchase and must include the following::(a)the Product performs according to the Specifications(b) Z the Product is suitable for the ordinary purposes for which such Product is used,and,(c)the Product is designed and manufactured in a commercially reasonable manner.. Products and services are provided with the standard manufacturer's published warranty,support,and software licensing terms("Specifications"). Services are performed E using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any service concerns, For third party products sold by the Contract Vendor that are not Contractor-branded,the Contract Vendor sells the Q third party products with the manufacturer or publisher's standard warranty, license,and maintenance"AS IS".The (D Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the N manufacturer on warranty and maintenance issues. Upon breach of the warranty,the Contract Vendor will repair or replace(at no charge to the Purchasing Entity)the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or a replaced Product proves to be inadequate,or fails of its essential purpose,the Contract Vendor will refund the full Q amount of any payments that have been made.The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court. t This Agreement states all remedies for warranty claims..To the extent permitted by law,Contractor disclaims all other w warranties. ar 14 CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E t V R r a Packet Pg. 86 8.C.a MASTER.AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS y c 1. ACCEPTANCE OF PROPOSAL_CONTENT.The contents of this RFP and selected portions of response of the ri successful Proposer will become contractual obligations,along with the final Master Agreement,if acquisition action Q ensues.The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions. Lu w o: _.._.. 2,. -ACCESS IBILiT-Y-STANDARDS.. The-State.of_Minnesota.has developed IT Accessibility Standards effective-. - .— .... -... v September 1,2010,which entails, in part,the Web Content Accessibility Guidelines(WCAG)2.0(Level AA)and a, — ndard.ladf p p:llwww.mmd.admen.state.mn.usl�dflaccessibility sta N Section b08 Subparts A D which can be viewed at http://www.mmd.admin.state.mn.us/pdf/accessibiliti WCAG-VPAT-form-included in the FORMS section-of the-RFP.-The cam le -VPAT---- -- form will be scored based on its compliance with the Accessibility Standards.The requested WCAG VPAT applies to N the responder's website to be offered under the Contract. For products offered,VPATS are only to be provided upon request by the participating entity. L Upon request by the participating entity,thesesponder must make best-efforts to provide Voluntary Product rL Accessibility Templates(VPATS)for all products offered in its response. Click here for link to VPATS far both Section o 508 VPAT and WCAG 2.0 VPAT tt :/fmn. ovloetl olicies-an - rds/accessibilit I#. a cc J 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of = changes in the Contract Vendor's key administrative personnel, in advance and in writing.Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable,shall be removed from the project - upon written notice to the Contract Vendor. In the event that an employee is rerrtoved pursuant to a written request from the Acquisition Management Specialist,the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee. M to Ln 4. AMENDMENT(S).Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions,costs,timetable,'or increased or decreased scope of work.An approved Master Agreement amendment means one approved by the authorized signatories of the r Contract Vendor and the Lead State as required by law. v w z 5r AMERICANS WITH DISABILITIES ACT(ADA). DELETED. z S. AWARD OF'RELATED CONTRACTS.In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof,the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the.Contract M Vendor shall include a provision requiring compliance with this section. rL 7. AWARD OF SUCCESSOR CONTRACTS.In the event the State undertakes or awards a successor for work related z to the Contract or any portion thereof,the current Contract Vendor shall cooperate fully during the transition with all z other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the -Contract Vendor shall include a provision requiring compliance with this section. E 8. CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. L a. Certification regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Q Transactions. L Instructions for certification: 1. 8y signing and submitting this proposal,the prospective lower tier participant jresponder]is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lowertier participant knowingly a rendered an erroneous certification, in addition to other remedies available to the federal government,the Q department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. t x w r c ar 15 CONTRACT NO. MNWNC415 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E . R r.+ a Packet Pg. 87 8.C.a 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal[response]is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. c 4. The terms-covered transaction,debarred, suspended,ineligible lower tier covered transaction, participant, Li person,primary covered transaction,principal,proposal, and voluntarily excluded,as used in this clause, Q have the meaning set nut in the Definitions and Coverages section of rules implementing Executive Order 12549.You may contact the person to which this proposal is submitted for assistance in obtaining a w copy of those regulations. Q U 5. The prospective lower tier participant agrees by submitting#his response that,should the proposed covered a, transaction be entered into, it shall not knowingly enter into any lower tier coveted transaction[subcontract equal to or exceeding$25,000]with a person who is proposed for debarment under 48 CFR part 9, N subpart 9.4,debarred, suspended,declared ineligible, or.voluntarily excluded from participation in this - covered transaction, unless authorized by the department or agency with-which this transaction originated. N 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled,"Certification Regarding Debarment,Suspension,Ineligibility,and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for rL lower tier covered transactions. 0. 0 r a 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,debarred, rL suspended, ineligible, or voluntarily excluded from covered transactions,unless it knows that the certification = is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the list of parties excluded from federal procurement and nonprocurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order N 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 LO business dealings. r U 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered Z transaction knowingly enters into a-lower tier covered transaction with a person who is proposed for z debarment under 48 CFR part 9,subpart 9.4,suspended,debarred, ineligible, or voluntarily excluded from . .participation in this transaction, in addition to other remedies available to the Federal government,the department or agency with which this transaction originated may pursue available remedies,including suspension andlor debarment. M b. Certification regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered a Transactions. Z Z 1. The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its.principais is presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded from a participation in this transaction by any Federal department or agency. E m m 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, Q such prospective participant shall attach an explanation to this proposal. L a� 9. CHANGE REQUESTS. NEGOTIATED.The Lead State reserves the right to request,during the term of the Master. N Agreement,changes to the products offered. Products introduced during the term of the Master Agreement shall go through a formal review process.A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement.The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need.The Lead State shall require the Contract Vendor to provide a summary of its a research of those products being recommended for inclusion in the Master Agreement as well as defining how adding Q the product will enhance the Master Agreement.The Lead State may request that products,other than those recommended,are added to the Master Agreement. 72 . t In the event that the Lead State desires to add new products and services that are not included in the original Master w Agreement,the Lead State requires that independent manufacturers and resellers cooperate with the already ar 16 CONTRACT NO. MNwNC-115 MASTER AGREEMEN7 AWARD COMPUTER EQUIPMENT HE4NLETT.PACKARI7 COMPANY E t V R rr a Packet Pg. 88 8.C.a established Contract Vendor in order to meet the Lead StaWs requirements.Evidence of the need to add products or services should be demonstrated to the Lead State,The Master Agreement shall be modified via supplement or ur amendment.The Lead State will negotiate the inclusion of the products and services with the Contract Vendor.No c products or services will be added to the Master Agreement without the Lead State's prior approval. r Requests to change the scope of services or deliverables,on a per-Order basis;will require a change order signed by Q the Purchasing Entity and Contractor. to w 10. CONFLICT MINERALS.Contract Vendor must provide information to the public on its website.regarding the use of Q conflict minerals,as required by Section 13(p)of the Securities Exchange Act of 1934,as amended,and the rules v promulgated thereunder.See:httl2://www.sec.gov/rules6nal/2012/34-67316.pdf, 11. COPYRIGHTED MATERIAL WAIVER.The Lead State reserves the right to use, reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond to request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, vi photocopying,State Intranet/Internet postings,broadcast faxing,and direct mailing. In the event that the response contains copyrighted or trademarked materials,it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information,regardless of whether the responder is the manufacturer or reseiler of a- the products listed in the materials. By signing its response,the responder certifies that it has obtained all necessary o approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, a save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the cc J violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such action. a x 12, EFFECTIVE DATE.Pursuant to Minnesota law,the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement. 13. FOREIGN OUTSOURCING OF WORK,Upon request,the Contract Vendor is required to provide information regarding the location of where services,data storage and/or.location of data processing.under the Master Agreement to will be performed. LO 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota "' Government Data Practices Act, Minn. $tat. Ch. 13, (and where applicable, if the Lead State contracting party is part v of the judicial branch,with the Rules of Public Access to Records of the Judicial Branch promulgated by the z Minnesota Supreme Court as the same may be amended from time to time)as it applies to all data provided by the z Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition,the Z Minnesota Government Data Practices Act applies to all data created,collected,received,stored, used,maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic,or confidential as defined-by the Minnesota Government Data Practices Act,Ch. 13 (and where applicable, that is not accessible to the public tinder the Rules of Public Access to Records of the Judicial Branch). M a In the event the Contract Vendor receives a request to release the data referred to in this article,the Contract Vendor z must immediately notify the Lead State_ The Lead State will give the Contract Vendor instructions concerning the z release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat.§ 13.08, apply to th a release of the data by either the Contract Vendor or the Lead State. aD The Contract Vendor agrees to indemnify,save,and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act(and where applicable,the Rules of Public Access to Records of the Q Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the N Master Agreement,the Contract Vendor'shall retain responsibility under the terms of this article for such work. 1s. HAZARDOUS SUBSTANCES.To the extent that the goods to be supplied by the Contract Vendor contain or may r_ create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal Q laws and regulations,the Contract Vendor must provide Material Safety Data Sheets regarding those substances.A a copy must be included with each delivery. Q 16. HUMAN RIGHTS/AFFIRMATIVE ACTION.The Lead State requires affirmative b. I action compliance its Contract q p y� t Vendors in accordance with Minn. Stat. §363A.36 and Minn. R.5000,3400 to 5000.3600. w r ar 17 CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E V R r Q Packet Pg. 89 8.C.a { a. Covered contracts and Contract Vendors.One-time acquisitions,or a contract for a predetermined amount of y .goods and/or services,where the amount of your response is in excess of$100,000 requires completion of the Affirmative Action Certification page. if the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds$100,000 whether it will be a multiple LL award contract or not,you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds$100,000 and the Contract Vendor employed more than Q 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where LU A has its principal place of business,the Contract.Vendor must comply with the requirements of Minn. Stat, Q §363A.36,subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn.Stat. §363A.36, c� subd. 1 and Minn. R.5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the S commissioner of the Department of Human Rights(certificate of compliance). A Contract Vendor covered by MinmStat.-§-363A 36,subd.1 that did not have more than 40 full-time employees on a single working day during D the previous 12 months within Minnesota but that did have more than.40 full-time employees in the state where it N has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. L b. Minn.Stat. §363A.3S,subd./ requires the Contract Vendor to have an affirmative action plan for the employment ' a- of minority persons,women,and qualified disabled individuals approved by the commissioner of the Department a of Human Rights(Commissioner)as indicated by a certificate of compliance. Minn.$tat.§363A.36 addresses a suspension or revocation of a certificate of compliance and contract consequences in that event.A contractcc awarded without a certificate of compliance may be voided. c. Minn. R.5000.3400-5000.3600 implement Minn.Stat.§363A.36. These rules include,but are not limited to, a x criteria for contents,approval, and implementation of affirmative action plans; procedures for issuing certificates of >, compliance and criteria for determining a Contract Vandor's compliance status;procedures for addressing deficiencies,sanctions,and notice and hearing; annual compliance reports;procedures for compliance review; and contract consequences for noncompliance.The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including,but not limited to, to parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. N d. Disabled Workers. Minn_R. 5000-3550 provides the Contract Vendor must comply with the following affirmative LO action requirements for disabled workers. r AFFIRMATIVE ACTION FOR DISABLED WORKERS v z (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of z physical or mental disability in regard to any position for which the employee or applicant for employment is qualified.The Contract Vendor agrees to take affirmative action to employ,advance in employment,and c otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading,demotion or transfer, recruitment, M advertising, layoff or termination, rates of pay or other forms of compensation,and selection for training, a Including apprenticeship. CL z (b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act, aD (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause,actions for E m noncompliance may be taken in accordance with Minn. Stat. §363A.36 and the rules and relevant orders of L the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. a L (d) The Contract Vendor agrees to post in conspicuous places,available to employees and applicants for N employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights.Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. f° a • a (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective Q bargaining agreement or other contract understanding,that the Contract Vendor is bound by the terms of Minn.$tat.§363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. w r c a� 18 CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKAR©COMPANY E c,> R r Q . I E Packet Pg. 90 f 8.C.a e. Consequences,The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to,suspension or revocation of a certificate of compliance y by the commissioner,refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. U_ f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn.Stat, Q §363A.36,subd..1 and Minn. R.5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R.5000.3400 to 5000.3600 are incorporated into w any contract between these parties based upon this specification or any modification of it. A copy of Minn.Stat, §363A.36 and Minn.R.5000.3400 to 5000.3600 are available upon request from the contracting agency, v a� 17. INDEMNIFICATION.NEGOTIATED.The Contract Vendor shall indemnify, protect,save and hold harmless the Lead S N State and the Participating Entity, its representatives and employees,from any and all third party claims or causes of = action,-including all legal fees incurred by the Lead State and the Participating Entity arising from the negligence or willful misconduct in performance of the Master Agreement by the Contract Vendor or its agents,employees, or o subcontractors.This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement L 3 If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will tL seek such approval and if approval is not received,Contract Vendor is not required to defend that Participating Entity. o a 18. INTELLECTUAL PROPERTY INDEMNIFICATION.The Contract Vendor warrants that any Contractor-branded � materials or products provided or produced by the Contract Vendor or utilized by the Contract Vendor in the tL performance of this Master Agreement will not infringe upon or violate any patent,copyright,trade secret,or any other = rY g Y party. Y Y Y party g Participating Y = propriety right of an third art . In the.event of an such claim b an third a against the Partici a{in Entity, +, Participating Entity shall promptly notify the Contract Vendor.The Contract Vendor,at its own expense,shall f° indemnify;defend or settle,and hold harmless the Participating Entity against any loss,cost,expense,or liability (including legal fees)arising out of such a claim,whether or not such claim is successful against the Participating Entity. LO If such a claim has occurred,or in the Contract Vendor's opinion is likely-to occur,the Contract Vendor shall either procure for the Participating Entity the right to continue using the materials or products or replacement or modified `n materials or products, If an option satisfactory to the Participating Entity is not reasonably available,the Participating r Entity shall return the materials or products to the Contract Vendor, upon written request of the Contract Vendor and v at the Contract Vendor's expense. z z The Contractor has no obligation for any claim of infringement arising from: a The Contractor's compliance with the Purchasing Entity's or by a third party on the Purchasing'Entity's behalf designs,specifications, or instructions, b. The Contractor's use of technical information or technology provided by the Purchasing Entity; M c. Product modifications by the Purchasing Entity or a third party; d. Product use prohibited by Specifications or related application notes;or j e. Product use with Products that are not the Contractor-branded. z z 19. LIMITATION OF LIABILITY. Contractor will be responsible for damages that Purchasing Entity may incur as a result of purchasing products and services from HP, up to$10,000,000(ten million dollars). W E Except for unauthorized use of Purchasing Entity's or Contractor's intellectual property, neither Purchasing Entity nor L Contractor will be liable for lost revenues or profits,downtime costs, loss or damage to data or indirect,special or Q consequential costs or damages. Contractor does not limits its liability for death or bodily injury caused by its L negligence, acts of fraud,willful repudiation of the agreement,nor any liability which may not be excluded or limited by o applicable law. 20. JURISDICTION AND VENUE.This RFP and any ensuing Master Agreement, its amendments and supplements ro c thereto,shall be governed by the laws of the State of Minnesota,USA.Venue for all legal proceedings arising out of � the Master Agreement,or breach thereof,shall be in the State or federal court with competent jurisdiction in Ramsey Q County, Minnesota_ By submitting a response to this Request for Proposal,a Responder voluntarily agrees to be a subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement,or Q any breach thereof_ t x w r c a� 10 CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E t V R a 1 Packet Pg. 91 21. LAWS AND REGULATIONS. Any and all services,articles or equipment offered and furnished must comply fully with all local,State and federal laws and regulations, including Minn.Stat.§181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. y . ro c 22. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145,the Contract Vendor shall comply with the li following nonvisual technology access standards: a a. That the effective interactive control and use of the technology, including the operating system applications w programs,prompts,and format of the data presented,are readily achievable by nonvisual means; Q b. That the nonvisual access technology must be compatible with information technology used by other individuals v with whom the blind or visually impaired individual must interact; o, c. That nonvisual access technology must be integrated into networks used to-share communications among employees,program participants, and the public;and N d. That the nonvisual,access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or N visually impaired.- These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. a Q. 0 23. NOTICE TO RESPONDERS.Pursuant to Minn.Stat. §270C.65,subd.3, Contract Vendors are required to provide cc their Federal Employer Identification Number or Social Security Number.This information may be used in the enforcement of federal and State tax laws.Supplying these numbers could result in action to require a Contract a Vendor to file tax returns and pay delinquent tax liabilities.These numbers will be available to federal and State tax = authorities and State personnel involved in the payment of State obligations. +,, 24. ORGANIZATIONAL CONFLICTS OF INTEREST.The responder warrants that,to the best of its knowledge and belief,and except as otherwise disclosed,there are'no relevant facts or circumstances which could give rise to organizational conflicts of'interest.An organizational conflict of interest exists when,because of existing or planned LO ,activities or because of relationships with other persons: • a Contract Vendor is unable or potentially unable to render impartial assistance or advice to the State; LO • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or v • the Contract Vendor has an unfair competitive advantage. Z The Contract Vendor agrees that if an organizational conflict of interest is discovered after award,an immediate and Z full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist,the State may,at its discretion,cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of M interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement a. Administrator,the State may terminate the Master Agreement for default.The provisions.of this clause shall be > included in all subcontracts for work to be performed,and the terms"Contract,""Contract Vendor,""Master Z Agreement","Master Agreement Administrator"and'Contract Administrator"modified appropriately to preserve the Z State's rights. c a� 26. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. E NEGOTIATED. NOT APPLICABLE TO CONTRACT VENDOR. m L 26. PERFORMANCE WHILE'DISPUTE IS PENDING.Notwithstanding the existence of a dispute,the parties shall Q L continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities tinder the Master Agreement, in the accomplishment of all undisputed work,any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. ro c 27. PREFERENCE. Q a Targeted/Economically Disadvantaged. In accordance with Minn-Stat. §16C.16, subds.6 and 7,eligible certified Q targeted group(TG)businesses and certified economically disadvantaged (ED)businesses will receive a 6 percent preference on the basis of award for this RFP.The preference is applied only to the first$500,000 of the response to the RFP_Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid x opening date and time. w r c a� 20 CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY >r t V R r.+ a Packet Pg. 92 8.C.a To verify TGfED certification,refer to the Materials Management Division's web site at www.mmd.admin.state.mn.usunder"Vendor Information, Directory of Certified TG/ED Vendors.' y To verify TG eligibility for preference, referto the Materials Management Division's web site under"Vendor Informatlon,Targeted Groups Eligible for Preference in State Purchasing"or call the Division's Helpl-ine at u_ 651.296.2600. Q Reciprocal Preference. In accordance with Minn.Stat.§16C.06,subd 7,the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that Lu state,the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you Q wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form c� included in this solicitation and include it in your response. N Veteran.In accordance with Minn. Stat.§ 16C.16, subd.6a,(a)Except when mandated by the federal government as = a condition of receiving federal funds,the commissioner shall award up to a six percent preference in-the amount bid D on state procurement to certified small businesses that are majority-awned and operated by: m (1) recently separated veterans who have served in active military service,at anytime on or after September 11, 2001,and who have been discharged under honorable conditions from active service,as indicated by the L person's United States Department of Defense form DD-214 or by the commissioner of veterans affairs; (2) veterans with service-connected disabilities,as determined at any time by the United States Department of Q. Veterans Affairs; or o .r (3) any other veteran-owned small businesses certified under section 16C.19,paragraph(d). cc J In accordance with Minn. Stat.'§ 16C.19(d), a veteran-owned small business,the principal place of business of a which is in Minnesota,is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations,title 38,part 74. To receive a preference the veteran-owned small business must meet the statutory,requirements above by theto solicitation opening date'and time. The preference is applied only to the first$500,000 of the response. LO N If responder is claiming the veteran-owned preference,attach documentation,sign and return form with LO response-to the solicitation. Only eligible veteran-owned small businesses that.meet the statutory requirements and provide adequate documentation will be given the preference. v z 28. PUBLIC INFORMATION.Once the information contained in the responses is deemed public information, interested 3: parties may request to obtain the public information.You may call 651,201.2413 between the hours of 8:00 a.m.to z 4:30 p.m.to arrange this. c 29. PUBLICITY. Any publicity given to the program,publications or services provided resulting from a State contract for goods or services,including but not-limited to notices, informational pamphlets, press releases,research, reports, signs and similar public notices prepared by or for the Contract Vendor,or its employees individually or jointly wfth a others,or any subcontractors,shall identify the State as the sponsoring agency and shall not be released, unless CL such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the z State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prior written consent of the E State's Assistant Director or designee of Materials Management Division. Representations include any publicity, E including but not limited to advertisements, notices,press releases, reports,signs,and similar public notices. ;v a� 30. PURCHASE ORDERS.The State requires that there will be no minimum order regi.iirements or charges to process an.individual purchase order.The Master Agreement number and the PO number must appear on all documents N (e,g.,invoices, packing slips, etc.).The Ordering Entity's purchase order constitutes a binding contract 31. RIGHTS RESERVE©.Notwithstanding anything to the contrary,the State reserves the right to: a. reject any and all responses received; b. select,for Master Agreements or for negotiations, a response other than that with the lowest cost; a c. waive or modify any informalities, irregularities, or inconsistencies in the.responses received; Q d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable;and x w r c ar 21 CONTRACT NO. MNWNG-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HF-WLE17PACKARD COMPANY E C> R a Packet Pg. 93 8.C.a f. terminate negotiations and select the next response providing the best value for the State,prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to result in a successful Master Agreement. c 32. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment ri during periods of transportation,and installation by the Contract Vendor and in the possession of the.contract Vendor � or their authorized agent. Q U) 33. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be w illegal, unenforceable,or void,then both the State and the Contract Vendor shall be relieved of all obligations arising v under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. .N 34. STATE AUDITS(Minn.Stat.§16C.05,subd. 5). The books, records,documents,and accounting procedures and practices of the Contract Vendor or other party,that are relevant to the MasterAgreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s)to audit this Master Agreement and transactions. a 36. SURVIVABILITY.NEGOTIATED.The following rights and duties of the State and responder will survive the o expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to a paragraphs: Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, cc Governing Law,Jurisdiction and Venue, Publicity, Intellectual Property Indemnification,and Admin Fees. Software (L licenses,warranty,and service agreement that were entered into under the terms-and conditions of the Agreement x shall survive the expiration or.termination of this Agreement 36. TRADE SECRET/CONFIDENTIAL INFORMATION.Any information submitted as Trade Secret must be identified � and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn.Stat.§ 13.37 N Lf) r U Z Z C R M IL Z Z C E d d L a L CC C a a Q t x w r c 22 CONTRACT NO. MNWNC-775 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HE111Lf=TT PACkfAka COMPANY E V to rr a i Packet Pg. 94 8.C.a I' ¢ LL COMPUTER EQUIPMENT 20'[4-2019 6EPA T&t- r de,4 M?i TPAtt,60 Lu Q U MINNESOTA WSCA-NASP4 MASTER AGREEMENT AWARD . N EXHIBIT B - PRICING D 1. BAND(S)AWARDED., Band 1:Desktop Band 2: Laptop Band 3:Tablet Band 4:Server Band 5:Storage. t 2, PRICE STRUCTURE, The contract employs a MINIMUM discount-off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The. o_ minimum discount and categorized exceptions will be applied to all"quantity one"procurements.An end user will be o able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions0. provided in the Master Agreement. c a 3. PRICE GUARANTEE. These discounts must remain firm,.or the discount may be increased,during the term of the = Master-Agreement. 4. BASELINE PRICE LIST. The Base Line Price is designated in the Pricing Discount Schedule.The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract VendorWebsite.All historic versions of the Baseline Prig List must be made available upon request pursuant to the audit provisions. N 5. PRODUCT AND SERVICE SCHEDULE(PSS). The Product and Service Schedule(PSS)identifies a complete LO listing of all products and services included in the awarded Master Agreement.The PSS serves as the Contract r Catalog.The PSS will be submitted to the Lead State following contrast award and must be approved: by the Z Lead State prior to the start of any sales.The PSS must be available on the Contract Vendor website for end users 3: to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price. z list.The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. C R 6. CHANGES TO THE PSS. Contract Vendor will request changes to the PSS utilizing an Action Request Form(ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. a 7. SULKfVOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested. z Additional savings are expected when competing awarded vendors for volume pricing. Z 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their a inventory and sales.The Contract Vendors will be responsible to market these offers. E m 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package a� (PSP)Program will commit to the standard configurations.The standards currently are refreshed every six months Q (May and November). Refresh schedule is subject to change..See current configurations: ; http:lfwww.wnrasD.com1index.htmi. States and other Participating Entities can choose to purchase these packages without any signing additional documents. c 10. TRADE-IN, Trade-In Programs are the option of the Participating Entity.The Participating Addendum by each State � may address the allowance of Trade-Ins. Q IL Q 11. SERVICES. Services are at the option of the Participating Entity.The Participating Addendum by each State may address service agreement terms and related travel, t x w r c a� 23 CONTRACT No. MNWNC-118 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PAC)(ARD COMPANY E R • rr a Packet Pg. 95 8.C.a 12. LEASING. The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authority to enter into these types of agreements.The Participating y Addendum by each State will identify if and how leasing agreement terms will be conducted. c 13. FREIGHT. All prices shall be FOB Destination, prepaid and allowed(with freight included in the price),to the LL r address, receiving dock or warehouse as specified on the ordering agency's purchase order. In those situations in e which the"deliver-to"address has no receiving dock or agents,the Contract Vendor must be able to deliver to the Q person specified on the PO without additional cost. If there is a special case where inside delivery fee must be LU charged,the Contract Vendor will notify the customer in advance in order for the customer to determine if the Q additional cost will affect the decision to utilize the Contract Vendor. c� a� 14. DELIVERY. Delivery of ordered product should be completed within thirty(30)calendar days after receipt of an order, N unless otherwise agreed to by the ordering agency. , D m t L 3 rL O Q R J tL 2 M N L1y r U Z Z C R M tL Z Z E d ' d L a L CC� C a IL Q t x w r c a� 24 CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E t V R rr a Packet Pg. 96 8.C.a c LL COMPUTER EQUIPMENT �. a .. n8pa;kr Err!+ 4 hvi6' Ir,i�, 20'I4 2Q'I� uj Q U M NNESOTA WSCA-NASPO MASTER AGREEMENT AWARD N EXHIBIT B - PRICING SCHEDULE 1. 13ASELINE PRICING HP LIST PRICE LIW V 2. • L BAND DISCOUNTS a CODE DISCOUNT a •- o:A r LAPTOPBAND 2 a : 1 r A: 0.� cc BAN r 5 STORAGE Category Exception' Promotions/5maRBus PROMOCU 1% IMPORTANT: The minimum discount is provided, refer to Contract Vendor's Website for any additional discounts and � request a quote for bulkivolume discounts.All prices shall be FOB Destination,prepaid and allowed(with freight included in the price). If there is a special case where inside delivery fee must be charged,the Contract Vendor will notify the to customer in advance. LO THIRD3. PARTY PRODUCT$ E LO Cate o Exce Lion:Third Party.Software TPS 5% r Category Exception: Microsoft O/S when purchased with Band 4 items 4M 16 i}°/n c i See HP WSCA•-NASPO Website for 60proved Third Party Software&Hardware Manufacturers. z 4- SERVICES - •ffered at 7-22% -Contact HP for . - Z Services are-at the option of the Participating State.The Participating Addendum by each State may'address service agreement terms.The majority of HP Branded products include up to a 3 year warranty and HP provides options to upgrade to Z,3,4 and 5 year warranty through HP Care Packs for some products as available. For product specifications &standard warranty included with system see: h :/lh7'E www7.h .com/ ui ks ecslove ' w.h l ntro M 5, LEASING . a Particigatina Addendum ma ider>tif if and how leasin a reement terms will be conducted. I > 6. ADDITIONAL DISCOUNTS r r ort buikIVOILIMe purchases. z a. Big Deal Pricing: Contact HP sales for additional savings provided through"special fixed pricing"(Big Deal). HP offers Multiple Transaction Volume based on the quantity,specific product or products purchased in a given time period. E b. Cumulative and Special Discounts: Based on annual volume, HP will evaluate yearly sales on the Master L Agreement and may elect to provide potential increased discount per band or provide specials for select products for the product category or series life cycle. Q aD c. Additional BulkfVolume Discount Options: HP may provide procuring entities with different flexible savings options based on what meets their specific needs and requirements..HP may provide opportunities in the forrn of additional equipment if allowed by the Participating Entity. c d. Contact HP for detailed fist of additional discounts provided. f° a a Q t x w r c a� 25 CONTRACT No. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E V R a Packet Pg. 97 8.C.a i W 41k, COMPUTER EQUIPMENT � . � a :0"DW 20'14-2019 rn ti r i�r. EEO or rr Q 'MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD N EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS) 1. MAINTAINING THE PSS. The Product and Service Schedule(PSS) identifies a complete listing of all products and services included in the awarded Master Agreement.The PSS serves as the WSCA-NASPO Contract Catalog.The- PSS will be-submitted to the Lead State following contract award and must be approved by the Lead State prior Tao the start of any sales.The PSS must be available on the Contract Vendor website for end users to verify ri pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Q- 0 Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. a The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the start of sales and cc containing the following information: a a. Band number x b.- Part#-SKU# c. Manufacturer d. Description e. Minimum Discount ; f. , Category Code(This code will be refined during the approval process) to LO g. Other fields approved by the Lead State 2. CHANGES TO THE PSS; Contract Vendor will request changes to the PSS.utilizing an Action Request Form(ARF) . r Submittals will be reviewed by the Lead State quarterly.-Obsolete and discontinued products will be removed. c� Z 3. FORMAT:The format for the final product and service schedule will be approved within 30 days of contract award.' z Suggested format is provided below: MANUFACTURER NAME: DATE: BASELINE PRICE LIST: M LINK:. a MINIMUM CATEGORY Z BAND Part#-SKU# MANUFACTURER DESCRIPTION DISCOUNT CODE Z 1 XYZ ABC DESKTOP 60% 1M 2 550 ZZZZZZZ LAPTOP CART 10% 2TM (D `3 123A . . . ABC SUPER TABLET 25% 3A E m m L 4. 'THIRD PARTY PRODUCTS:A list of third party products is to be submitted to the Lead State.Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Q Agreement restrictions of third party products.include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract Vendor cannot offer products manufactured by another Contract Vendor holding Minnesota . WSCA-NASPO Master Agreement unless-approved by the Lead State. c. The Contract Vendor wi11 assign the manufacturer or publisher's warranty and maintenance.The Contract Vendor f° will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on a warranty and maintenance issues. Q d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as t products are approved. x w r c a� 26 CONTRACTNO. MNWNC-116 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E ' V R a Packet Pg. 98 8.C.a E U_ COMPUTER EQUIPMENT : a 2014 2a'19 � a U MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD N EXHIBIT D -WEBSITE 1. IMPLEMENTATION.Within 30 calendar days of Master'Agreement award,the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will-review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect,the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is a approved,the Contract Vendor may not make material changes to the website without notifying the Lead State and o receiving written approval of the changes utilizing the Action Request Form.The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure cc websites are updated and Contract Vendors will be expected to correct deficiencies, a x 2, WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available(i.e„public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below.The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a. Baseline Price List and historic versions Ln b. .Approved Product and Service Schedule(PSS) cm c. Product specifications,pricing,and configuration aids for the major product categories proposed that can be used Ul) to obtain an on-line quote r d. -Third Party Product list will be clearly posted on the Vendor provided website and updated as products are Z approved e. 'Link to the WSCA-NASPO EmarketCenter Z f. Online ordering capability with the ability to remember multiple ship to locations if applicable to product � g. Contact information for order placement,service concerns(warranty and maintenance), problem reporting,and billing concerns h. .Sales representatives for participating eniitles i. Purchase order tracking M j. Available Twenty-four(24)hours per day,seven(7)days per week availability,except for regularly scheduled a maintenance z k. : Additional Terms may not be posted on the Website without written approval of the Lead State Z 1. Link to the WSCA-NASPO EmarketCenter if a State is participating m. Information on accessibility and accessible products n., If participating in'Premium Savings Package Program,lead with these products and display prominently on the E website m o. Links to environmental certification,including but not limited to take-backirecycling programs, p. Information regarding the use of Conflict minerals,as required by Section'13(p)of the Securities Exchange Act of Q 1934,as amended,and the rules promulgated thereunder. See: http.ffiM.sec.00v/rules/finaV2012134-67716.odf q. Service options,service agreements for negotiations when allowed by a participating addendum r. EPEAT, Energy Star,etc. s. Link to Signed Participating Addendums t. Link to Signed Master Agreement u. Link Lto solicitation and Response a 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line Q offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. t x w r c a� 27 CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E V R r.+ a Packet Pg. 99 8.C.a COMPUTER EQUIPMENT . 4 0 9 upARrrrNrrAiurtiiitf�om w a: Q MINNESOTA WSCA-NASPO.MASTER AGREEMENT AWARD_ �► N EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF) The Action Request Form(ARF)provided in this document must be utilized by the Contract Vendor to provide quarterly updates of.PSS and to make requests.The Action Request Forms may be reviewed quarterly by the Lead State. a DATE: a 0 .r ATTN: WSGA-NASPO Master Agreement Administrator c RE: Master Agreement# with (Contract Vendor) _ Dear VVSCA-NASPO Master Agreement Administrator: (Contract Vendor)is providing the following update and/or requesting the action noted.below. to N Action Requested: Action Log: Verify Log is attached r SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: z _Update of Product&Service Schedule Provide summary of additions,deletions and pricing changes. Z NOTE:THIS WILL BE-A NOTIFICATION OF CHANGES TO THE PSS,APPROVAL WILL NOT BE NEEDED � Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed v Third Party Product Addition Provide warranty Guarantee M a --Marketing Approval Attach Materials fog review z Z Material Website Change Describe and provide link for review c i Miscellaneous Inquiry Provide detail(e.g. key contact change,etc_) aD E d The'Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for compliance.Additional information may be requested upon submission.The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. r Contract Vendor. Name of Requester: c . . . . . Title of Requester: f° - a IL Q t x w r a� 28 CONTRACT NO. MNWNC415 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETr PACKARD COMPANY E t V R a Packet Pg. 100 8.C.a E N LL COMPUTER EQUIPMENT k a u& d rT N:r`riF AVAMP15 N W Q U MINNESOTA-WSCA-NAS PO MASTER AGREEMENT AWARD �N EXHIBIT E - ACTION REOUST FORM (ARF) N M t ACTION REQUEST FORM LOG a Submit updated Action Log with each update. Log must provide history of previous update. o a M CONTRACT VENDOR: J (L x Contact Name and'Email(for questions): M DATE: w cl) co Ln DATE ACTION REQUESTED: DATE APPROVED SUBMITTED U Z Z C M d . . . . . . . . . Z Z r C N E d d L Q L d CC C C. M Q a Q x W c m 29 CONTRACT NO. MNWNC415 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E V rr • Q Packet Pg. 101 333 3 C COMPUTER EQUIPMENT 2014-21 rn DLF+alilYT 4F.�1DA#thf1S�'�A3'EflN W d' Q _ MINNES-0T_A il_ -SCA-.NASPO. MASTER AG_REEMEN_T_. -AWARD _ EXHIBIT F - REPORTING :N D 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports_ The Lear! • N State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify,copy,and otherwise use reports,data and information provided. a 2. DUE DATE:Deports shall be due no later than the last day of the month following•the end of the calendar quarter. o a cc 01 January 1 Marsh 31 Aril 30 J Q2 Aril 1 June 30 Jul 31 _ Q3 July 1 September 30 October 31 Q4 October 1 December 31 January 31 3. REQUIRED REPORTS: • M to Report Name Submitted to Purpose&Submittal N_ 1 WSCA-NASPO Administrative free WSCA- identify total sales and administrative fee due to WSCA- LO NASPO NASPO r 2)Complete all cbn Tact report information fields aspx • � z 3)Enter total sales per State or Select"no sales for quarter" z chsckbox 4)Click on Submit button c 2 WSCA•-NASPO Detailed Sales WSCA- Detailed sales data by line item.Currently via an Excel Report NASPO template. Future MAY involve a portal.No modifications may M be made by the Contract Vendor to the template.This report may also fulfill the reporting requirements of self audits, rL premium savings sales,and faring Your Own Device Employee Z Sales. Z 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report r_ State to individual States unless otherwise directed by the State. . E States may require additional reporting, L 4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. Q L 5 Premium Saving Package(PSP) PSP Lead Additional reporting maybe requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form(ARF) Audit a a Q - t x W r c 30 CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQuiPMENT HEWLETT PACKARD COMPANY E t c:> R a Packet Pg. 102 8.C.a i • - i if - to 3 ILL COMPUTER EQUIPMENT ..�� 2014-2019 a D�_PA'.TAdk 16AkbAfirrl s7�dr:ort', uj w Q ----MINNESO_T_A-IIi1SCAnNAS-P_0 MASTER AGREEMENTA111_AR-D N EXHIBIT G — DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer,but enhances the user experience i.e., mouse pad,monitor stand. For the purposes of this proposal,accessories are considered peripherals. Bands: For the purpose of this solicitation,there are six product bands which may be awarded. Each product band a includes related peripherals and services.Responders must only respond to Bands in which they manufacture the defined o product. Responder may receive an award in one or more bands for which they manufacture a product based on the a evaluation. f° J BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location.A desktop (L computer typically comes in several units connected together during installation: 1)the processor,2)display monitor and = 3)input devices usually a keyboard and a mouse.All operating systems for tablets are allowed.Zero Clients,Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP. A laptop computer is a personal computer for mobile use.A laptop includes a display, keyboard, to r, point device such as a touchpad and speakers into a single unit.A laptop can be used away from an outlet using a LO rechargeable battery.All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients,chromeboaks and netbooks. Computers with mobile operating systems will also be included under laptops. LO Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be r included in the Product and Service Schedule for this band. c� BANE}3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of Z control:All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Z Product and Service Schedule for this Land. BAND 4: SERVER..A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of•the users of other computers on a network.This band also includes server appliances.Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking M components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data.This band includes SAN Z switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included Z in the Product and Service Schedule for this band. (D env renmeRts and y eAreme terApeFat6litesand wet or dusty denditiens. Ruggedized 1_ De„i..es may also be effered under bands 1 6 of the I aster hg e R+,LRAND 6 REMOVED. RUGGEDIZED � EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product,whereby shared resources,software and Q information are provided to computers and other devices as a utility over a network,such as the Internet.(Cloud Services , including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the.Master Agreement.The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP,the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating Q States will have final determinationlapprovaI if a Partner may be approved for that state in the role identified by the Q Contract Vendor. Components. Parts that make up a computer configuration. 72 Configuration. The combination of hardware and software components that make up the total functioning system. x Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single w location.A desktop computer typically comes in several units connected together during installation: 1)the processor, M CONTRACT NO. MNWNC-115 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY E V R r • a Packet Pg. 103 8.C.a 2)display monitor and 8)input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy StarO. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or = better performance as comparable models while using less energy and saving money. Energy Star qualified computers Li and monitors automatically power down to 15 watts or less when not in use and may actually Iasi longer than conventional products because they spend a large portion of time in a low-power sleep mode.,For additional information on the Energy Q Star program,including product specifications and a list of qualifying products,visit the Energy Star website at U) Lu �ttp:/lwwww.energystar.gov. Q EPEAT. A system for identifying more environmentally preferable computer desktops,laptops,and monitors. It includes an v ANSI standard-the IEEE 1680 EPEAT standard—and website www.epggt.net to identify products manufacturers have a, -declared as meeting the standard—.-EPEAT provides a clear and consistent set of perfonancCuriWWfor-the desrgn of products. It is not a third-party certification program. Instead, Manufacturers self-certify that their products are in N conformance with.the environmental performance standard for electronic products. FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal m property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements,such as inside delivery, may include additional fees payable by � the Purchasing Entity_ Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business a- objectives.Examples of such services would include management and administration of IT systems. Each State will have o varying laws, rules, policies and procedures surrounding general consulting which need adherence. Minnesota Statute0. section 16C.08 defines general consulting for the State of Minnesota. httDs:llwww.revisor.mn.gov/statutes/?id=16C.08 cc Laptop. This is Band 2 of this solicitation.A laptop computer is a personal computer for mobile use.A laptop includes a 0- display, keyboard,point device such as a touchpad and speakers into a single unit.A laptop can be used away horn an = outlet using a rechargeable battery.Laptop Band may include notebooks, ultrabooks;and netbooks.Computers with mobile operating systems will also be included under the Laptop Band. Lead State. The State conducting this cooperative solicitation and centrally adm.inistering'any resulting Master. Agreement with the permission of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply to this procurement. to to Manufacturer. A company that,as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Ln Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. r Middleware.Middleware is the software"glue"that helps programs and databases(which may be on different computers) v work together. Its most basic function is to enable communication between different pieces of software. Z :Options. An item of equipment or a feature that may be chosen as an addition to or replacement for standard equipment Z and features. Order. A purchase order,sales order,or other document used by a Purchasing Entity to order the Equipment. � Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity(e.g.,ordering M procedures specific to a Participating State)and may add other state-specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to a provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and z agreed upon. Z Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State,or other legal entity,properly authorized by a Participating State to enter into E the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities, Under the WSCA-NASPO program, in some cases, local governments, political subdivisions or other a� entities in a State may be authorized by the chief procurement official to execute its own Participating Addendum where a Q Participating Addendum is not executed by the chief procurement,official for that state that covers local governments, ; political subdivisions,or other government entities in the state. N Partner. A company, authorized by the Contract Vendor and approved by the Participating State,to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and conditions of the Contract Vendor's Master Agreement, In the RFP, Partner is the terra that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, a subcontractors,partners,fulfillment partners,channel partners, business partners,servicing subcontractor, etc. Q Peripherals. A peripheral means any hardware product that can be attached to,added within or networked with personal computers,servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal,peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured w by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and ar 32 CONTRACT NO. MNWNC-116 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETTPACKARD COM PAW E t V R a Packet Pg. 104 8.C.a maintenance for all peripherals on the Master Agreement. Examples of peripheralstercessoriesfoptions: Include but are not limited to: printers, monitors,multifunction printers,audiovisual equipment, instructional equipment, cabling, y modems,networking to support server,storage and client applications such as routers,switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are LL allowed to be offered as peripherats/accessoriesloptions and may be offered in any related band. r Per Transaction Multiple Unit Discount.A contractual volume discount based on dollars in a single purchase order or a combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a U) cooperative purchase. w Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Q Master Agreement.This specification includes a commitment to maintain and upgrade(keep pace with the advance of v ---technology)-the-standard-configurations#or--a-stated-period-of-time-or-intervals. WSCA-NASPO-reserves the-rig htto--------- expand and modify the PSP throughout the life of the contract. See htto:/lwww.wnpsp.Comlindex.html. N Purchasing Entity—means a state,city,county,district,other political subdivision of a State,and a nonprofit organization under the laws of some states if-authorized by a Participating Addendum,that issues an order against the Master Agreement and becomes financially committed to the purchase_ vi Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions,such as strong vibrations,extreme temperatures and wet or dusty conditions. L Services. Broadly classed as installation/de-installation,maintenance,support,training, migration,and optimization of a products offered.or supplied under the Master Agreement. These types of services may include,but are not limited to: o warranty services, maintenance, installation,de-installation,factory integration (software or equipment components), a asset management,recycling/disposal,training and certification, pre-implementation design,disaster recovery planning cc and support, service desk/helpdesk,and any other directly related technical support service required for the effective a operation of a product offered or supplied. Contract Vendors may offer,but participating States and entities do not have to = accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation.A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of the users of other computers on a network.This band also includes server � appliances.Server appliances have their hardware and software preconfigured by the manufacturer. It also includes cm " embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be LO included in the Product and Service Schedule for this band. ".. Storage. This is Band 5 of this.solicitation. Storage is hardware with the ability to store large amounts of data. This band r includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also z be included in the Product and Service Schedule for this band. z Storage Area Network. A storage area network(SAN)is a high-speed special-purpose network(or subnetwork)that Z interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. ro Storage as a Service(STaaS). An architecture model by which a provider allows a customer to rent or lease storage = space on the providers hardware infrastructure on a subscription basis. E.g., manage onsite or cloud services. Software. For the purposes of this proposal,software is commercial operating off the shelf machine-readable object code instructions including microcode,firmware and operating system software that are preloaded on equipment.The term a "Software"applies to all parts of software and documentation, including new releases,updates,and modifications of z software. Z Tablet. This is Band 3 of this solicitation.A tablet is a mobile computer that provides a touchscreen which acts as the 2 primary means of control.Tablet band may include notebooks, uitrabooks,and netbooks that are touchscreen capable. Takeback Program, The Contract Vendor's process for accepting the return of the equipment or other products at the °' end of life_ E Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Q Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN. A data network that serves users across a broad geographic area and often uses N transmission devices provided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program,facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC,a 501(c)(3)limited liability company that is a subsidiary organization of the National Association of State Procurement Officials(NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit a of state departments, institutions,agencies,and political subdivisions.and other eligible entities(i.e,,colleges,school Q districts,counties,Cities,some nonprofit organizations,etc.)for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator, x w ' r c • a� 33 CONTRACT NO. MNwNC-116 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HEWLETT PACKARD COMPANY � V R r.+ a Packet Pg. 105 8.C.a HP, Inc. (MNNVP-133) 3. Amendment 1 - 2017 - HP Enterprise c U- Q U) w Q u 0) c �N a+ D d N fC t t) L a. 0. 0 Q J d 2 w� r� R M to LO N LO r U Z Z C cC M d Z Z C N E d d L a L 0 r N C R Q a a x w r c as E Q Packet Pg. 106 8.C.a AMENDMENT NO. 1 TO CONTRACT NO. MNNVP-133 THIS AMENDMENT is by and between the State of Minnesota, acting through its commissioner of Administration ("State"), and HP Inc., 1501 Page Mill Road, Palo Alto, CA 94304 ("Contract Vendor"). _ u- WHEREAS, the State has a Contract with the Contract Vendor identified as Contract No. MNNVP-133, April 1, 2015, Q through March 31, 2017 ("Contract'), to provide Computer Equipment: (Desktops, Laptops and Tablets, including Related rn Peripherals and Services); and w Q WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C,03, subd. 16, the authority to amend contracts; and c . N WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Materials Management Division and the Contract Vendor in a fully executed amendment to the Contract. aD NOW,THEREFORE, it is agreed by the parties to amend the Contract as follows: L 3 1. That Contract No. MIN NVP-133 is extended through March 31, 2020, at the same terms and conditions. a a 0 2. The Contract Vendor shall provide Computer Equipment: (Desktops, Laptops and Tablets, including Related c Peripherals and Services) at the prices set forth on the following schedule: HP Inc. Price Schedule, a x This Amendment is effective beginning April 1, 2017, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. LO Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. LO r U IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. Z 1. HP INC. 2. MATERIALS MANAGEMENT DIVISION The Contractor certifies that the appropriate person(s)have In accordance with Minn.Stat.§ 16C.03,subd.3. executed this Amendment on behalf of the Contractor as required c by appl'. ble articles, bylaws,resolutions, or ordinances. By: � By: gnature Title: Acquisition Management Specialist > Deborah Kaiser Z Printed Name /�� Z Date: _ Title: Contract Administrator f c 3. COMMISSIONER OF ADMINISTRATION °' Date: 1124117 Or delegated r esentative. m m L 57 By: By.- Q Signature L Date: z- �a Printed Name, 0 � Title: c Date: a a Q t x w r c a� E CONTRACT NO. 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WSW a O v ++ xg ` M 3 7 m e a a r e� M Co « a e N a � U :s n � � s Cw) " d Z Z C lo L r m L c � d a (n 2 m 4CC z r a G' C r a d a R a W DA e Q Packet Pg. 116 8.C.a 3 c z 7 LL d +' t Q LU Q U c �N � N d aE c S 4 r n ry�, Nmrnr$ r eaS 3>�x �'� d CL ^ ® :inig;�4as=IPi4't%;i�3aaai-° v a o aeSes:;;r'3i�p'<P:9a�':;.:•'t�.;"j � � � {p � � .4 F E 4`,.aaa a Q3 ;I a1 Ln N w a gx Ln Sao � CIO U 1"2� Z $ 9 rs x E Ea o o �Hr m � m � � I CL 9 Z cZc d C V t vqq� U 4 U a L: w d 6 EE 3 a � x LU CL S Z 49 p� s % �y�p , Packet Pg. 117 8.C.a STATE OF MINNESOTA-WORKFORCE CERTIFICATE INFORMATION Required by state law for ALL bids or proposals that could exceed$100,000 y Complete this form and return it with your bid or proposal. The State of Minnesota is under no obligation to U_ delay proceeding with a contract until a company becomes compliant with the Workforce Certification requirements in Minn. Stat. §363A.36. Q U) w Q BOX A— MINNESOTA COMPANIES that have employed more than 40 full-time employees within this . state on any single working day during the previous 12 months, check one option below: N 13 Attached is our current Workforce Certificate issued by the Minnesota Department of Human Rights(MDHR). N ❑ Attached is confirmation that MDHR received our application for a Minnesota Workforce Certificate on a (date). a 0 r a R J BOX B — NON-MINNESOTA COMPANIES that have employed more than 40 full-time employees on a a x single working day during the previous 12 months in the state where it has its primary place of business,check one option below: ❑ Attached is our current Workforce Certificate issued by.MDHR. to �n ❑ We certify we are in compliance with federal affirmative action requirements. Upon notification of contract award, you must send your federal or municipal certificate to MDHR at com liance.MDHR state.mn.us. If you are unable r to send either certificate,MDHR may contact you to request evidence of federal compliance. The inability to provide v sufficient documentation may prohibit contract execution. Z z c BOX C — EXEMPT COMPANIES that have not employed more than 40 full-time employees on a single M working day in any state during the previous 12 months, check option below if applicable: a z z ❑ We attest we are exempt. If our company is awarded a contract,we will submit to MDHR within 5 business days 2 after the contract is fully signed, the names of our employees during the previous 12 months,the date of separation, if applicable, and the state in which the persons were employed. Send to com liance.MDHR state.mmus. E m m L a By signing this statement,you certify that the information provided is accurate and that you are authorized to sign on behalf of your company. �a Name of Company: HP Inc,_, Date 1124/17 c CU 281-927-8498 Authorized Signature: Telephone number: Q Printed Name: Deborah Kaiser Title: Contract Administrator Q For assistance with this form, contact: x w Minnesota Department of Human Rights, Compliance Services c a� Web: http://mn.gov/mdhr/ TC Metro: 651-•539-1095 Toll Free: 800-657-3704 E Email: compliance.mdhr@state.mn.us TTY: 651-296-1283 r a CONTRACT NO. MNNVP-133 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HP INC. Packet Pg. 118 8.C.a y POWER OF ATTORNEY LL HP Inc., a corporation incorporated and existing under the laws of the state of Delaware, having its principal place of business at 1501 Page Mill Road,Pala Alto,California 94304(the"Company"),represented by its Deputy General Counsel Q and Assistant Secretary,Ruairidh Ross,who is authorized to represent the Company individually,hereby authorizes to the w below listed individuals to sign all bids,quotations,leases and contracts with customers and government agencies, up to Q the limits indicated below,including such bids, and bonds as maybe required in connection with such bids and contracts on behalf of the Company in accordance with the chart below. N OEM d Director,Americas Transformation, Deborah Jarvis Innovation,and Enablement $50,000,000 Vancouver,WA L Toronto,Ontario, 3 o_ Jim Ranalil Manager-Americas Contract Operations $50,000 000 Canada a Nancy Lenkowski Contract Administrator $5,000,000 Alpharetta,GA a Tlaquepaque,Jalisco, Mila ros Buendia Contract Administrator $5,000,000 Mexico = Tlaquepaque,Jalisco, Fernando Castillo Valdovinos Contract Administrator $5,000,000 Mexico Catherine Bingham Contract Administrator $5,000,000 Houston,TX Deborah Kaiser Contract Administrator $10,000,000 Houston,TX to Tlaquepaque,Jalisco, LO Rodrigo Petersen Gomez Contract Administrator. $5,000,000 Mexico �" LO Fatima Renteria Sauced Contract Administrator $5,000,000 Houston,TX r Sondra Andrea Perez Tlaquepaque,Jalisco, v Fernandez Contract Administrator $5,000,000 Mexico Z Alexandra Martin del Campo Tlaquepaque,Jalisco, Z Valencia Contract Administrator $5,000,000 Mexico Hyrum(Ed)Hatch Contract Negotiator $10,000,000 Houston,TX Judith Alexander Contract Negotiator $10,000,000 Hollywood,FL M Sheila Wright Contract Negotiator $10,000,000 Mt.Airy,MD CL Barbara Paddock Contract Negotiator $10,000,000 San Diego,CA Z c All prior powers of attorney in effect for these individuals named herein,as of the date hereof,are hereby revoked. aD E This power of attorney shall be valid until one year from the date hereof and may be revoked at any time for any reason L prior thereto without notice. This power of attorney shall automatically be revoked for each such person named herein, Q effective as of the date that each such person ceases to be employed by the Company or any of its subsidiaries. r �a H I c. c a a Q Ruairidh Ross Deputy General Counsel and Assistant Secretary X x w r c Date:Februarys ;2016 E t Page 1 of 1 Q Packet Pg. 119 . 8.C.a y C 3 LL ACKNOWLEDGEMENT a U) w A notary public or other officer completing this certificate verifies only the identity of the individual who Q signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of U that document. 0� N STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) On Februpa 22 2016 before me, Val nn Valandani Noaa Public a 0 cc personally appeared Ruairidh Ross,who proved to me on the basis of satisfactory evidence a x to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized M capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the N entity upon behalf of which the person(s) acted,executed the instrument. z z I certify under PENALTY OF PERJURY under the laws of the State of California that the v foregoing paragraph is true and correct. a z z WITNESS my hand and official seal. VALYNN VRLANDANJ ' Commission# 1999216 aD E Notary Public-California Z m Santa Clara County n L � � f} My Comm.Expires Dec 22,201 6 M L SIGNA RE OF NOTARY PUBLIC N (SEAL) a a Q t x w r c a� E r a Packet Pg. 120 8.C.a Wa WMI Delegation of Si 5Icifure AtAborily—ACO SLED Contract AdI linistrators rn c 3 U- 1, Jim Rcanalli, Americus Contracts Operotions Mflnoger, give the SLED Conti-acts Administrcators listed below, full signature power to sign on behalf of HP Inc. up to $50tv4. Q Cn phis delsUj OQtion cif signciture autkority is granted for 'rhe following purposes: signature uvthorizaflo a Q required for h ida, quotafions, end contrails. U I C . This delegc;tion CAI[sio-n lore autl"lC d[y is vulid until-kinuary 31, 2017 and mc3 y be revoked ali any N prier th€refo for ony reason without notice, This power (if attorney shuli lie o0ornryticaNy re,oked :r should Contracts Administrator change his/her position within the irvx'smipary or ease In be amTpllov ld � by tho, Company. y M t 7 i s a s� t t el :g iia it �l tam i t1 e Ex a Expiry. Dies SLA Level Lavel Atiiovinf note Date —_ Q. Cafherirw _ Up to � J iaie�h am $5,000,000 C 50,000,000 25/02/2016 31/01/2017 z ernsandca UP to Vald-QNinFcm $5,000,000 �C5 $50,0)0,000 25/02/2016 31/01/2017 M Up to CO) I �'�®ecah lit l3 e" $10,000,000 $50,000,000 25/02/2016 31/0`V2017 Ln N Up to LO Nancy Lenkowski $50,000,000 25/02/2016 31/01/ #7 $5,000,000 5 vn.a Alejandro Martin U del Campo I��a to Z Valencia - $5,000,000 C5 $50,000,000 25/02/2016 31/01/2017 Z Sondra Andrea UP to � Perez Fernandez $5,000,000 a C5 $50,000,000 25/(12/201 b 31 It) /2€,'i'7 � Fatima Renterica Up to C5 $�0,000,000 25/02/2016 31/01/2017 > Z Z Signed this 251h deny of Febraicary 2016. � c d f e L L Jim Rcanalli °r rn M A€-n�rlcos C—Oni,ac'tU Oper--tions Manage. HP C M Q a a z x w c m E .r Q Packet Pg. 121 8.C.a ,io €' MinnLsota Department of HUMAN RIGHTS ' U_ r a w Q U c N D CERTIFICATE OF C OWLIANCE L 3 HEWLETT-PACKARD COMPANY is hereby certified as a contractor by the Minnesota o Department of Human Rights. This certificate is valid from 412/2014 to 4/112018. J This certification is subject to revocation or suspension prior to its expiration if the department = issues a finding of noncompliance or if your organization fails to make a good faith effort to implement its affirmative action plan. M N Minnesota Department of Human Rights r FOR THE DEPARTMENT BY: z z v M Kevin M. Lindsey, Commissioner a z z c a� E m m L a L CC� C a a Q t x w r c a� E AN EQUAL OPPORTUNITY EMPLOYER r r-reerttart Eicrilrling • 625 Rc}herl Street North • Saint P<'crl, Minnesota 5515.5 a 'lel 65 1.5JI).1100 • MN Relay 711 or 1.600.6273.529 •Toll free 1.800.E 7.370+9 Fax 63I.M.9042 ��n,�ov/mrllir Packet Pg. 122 8.C.a HP, Inc. 5. Amendment 3 - 2019 - HP Enterprise and Extend July 2021 C U- r a w w Q U C N D d Ln R t V L 3 CL 0. 0 Q R J d 2 R M Ln N LO r U Z Z C R M d Z Z r- C E d d L a L C� C a a Q t x w r C d E M r a Packet Pg. 123 8.C.a I AMENDMENT NO. 3 TO CONTRACT MNNVP-133 rn THIS AMENDMENT is by and between the State of Minnesota, acting through its commissioner of Administration ILL ("State"), and HP Inc., 1501 Page Mill Road, Palo Alto, CA 94304 ("Contract Vendor"). a WHEREAS, the State has a Contract with the Contract Vendor identified as Contract No. MNNVP-133, April 1, 2015, U) LU through March 31, 2020("Contract"), to provide Computer Equipment: Desktops, Laptops, and Tablets, including Related Peripherals and Services; and v WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. c § 16C.03, subd. 16, the authority to amend contracts; and � f WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual m agreement of the Office of State Procurement and the Contract Vendor in a fully executed amendment to the Contract. t NOW,THEREFORE, it is agreed by the parties to amend the Contract as follows: a 1. That Contract No. MNNVP-133 is extended through July 31, 2021, at the same terms, conditions, and prices. o � I J This Amendment is effective beginning April 1, 2020, or upon the date that the final required signatures are obtained, a whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. = Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. LO N LO IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. r U 1. HP INC. 2. OFFICE OF STATE PROCUREMENT Z The Contractor certifies that the appropriate person(s)have In ac subd.3. Z executed this Amendment on behalf of the Contractor as required by applicable articles,bylaws,r solutions,or ordinances. By: By: . Signature Title: Acquisition Management Specialist M Colleen F Lively Printed Name Date: 11 f 1 ��1 of > Title: Contract Administrator Z 3. COMMISSIONER OF ADMINISTRATION Z Date: 11/13/2019 Or delegated rep esentative. By: By: ,-1 2 Signature Date: Printed Name Q Title: �a Date: c a I Q t x w r c a� E CONTRACT NO. MNNVP-133 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HP Inc. a k I k Packet Pg. 124 j 8.C.a City of Kent Purchase Order Order# 161459 OP O KEN T Order number must appear on all invoices, packages, etc. Order Date: 12/10/2020 WASHINGTON J a. This document is hereby deemed a valid purchase order and authorizes the procurement of Ordered by: Lynnette R Smith = the materials and/or services indicated. Please let us know immediately if you are unable to Info Tech-Administration Z, ship the complete order. Ship to: City of Kent Bill to: City of Kent Vendor: 1103324 Information Technology Accounts Payable Hewlett Packard Enterprise Company ;O 400 West Gowe Street 220 4th Avenue South 3000 Hanover ST Suite 122 Kent, WA 98032 Palo Alto, CA 94304 LO Kent, WA 98032 Phone: (253) 856-5230 Payment Terms:Net 30 U Z Line Item# Description Quantity Unit Cost Ext.Cost Sales Tax Total Cost 1 Zbook Fury 15/Model33409101 I One-time hardware 65 2,415.00 156,975.00 15,697.50 172,672.50 Z 2 Prod#3TR87AA#ABA I One-time hardware 65 225.00 14,625.00 1,462.50 16,087.50 -0 3 Prod#U09KBE I One-time warranty 65 184.68 12,004.20 1,200.42 13,204.62 c�v 4 HP Laptops I Contract#05815-017(NASPO) M d Z Z C a� N L Q C� G Q Approved by: Carrington, Michael Charles Subtotal: 183,604.20 a Sales Tax: 18,360.42 Mayor's Signature: ui (Required for contracts over$20,000) Total: 201,964.62 m E z U r r Q Packet Pg. 125 8.C.b 65 Z B Fury 15 G 7 o Customer Quote 1 Contract Number:05815-01815-017 HP PROPRIETARY INFORMATION FOR CUSTOMER USE ONLY.I NOTSHF November 25,2020 CITY OF KENT 220 4TH AVE S KENT,WA 98032-5838 0 r Dear Accounts Payable, a Thank you for your recent interest in HP Public Sector Sales.Attached is the price quotation you requested. rn c Please reference this contract:OS815-017 when placing this order.The terms and conditions of this contract will apply to any order placed LL as a result of this inquiry;no other terms or conditions shall apply. Q If you should have questions regarding this quotation or need any other assistance,please contact your Inside Account Representative w Q All Purchase Orders need to be made out to HP Inc.or HP with the Ordering address referenced below. v a� c The Purchase Order should include the Contract Number in the body of the Purchase Order.Please also be sure to include a copy of the N quote,email address,the ship to location or drop ship locations,delivery date requirements and any other special information and if applicable,the HP Authorized Reseller Agent name or authorization number for the HP Agent providing you with support. y R z Orders should be either Faxed to 800-825-2329,emailed to PSOrderProcessing(a)hp.com. V L If you are faxing or emailing this order a sample Purchase Order Document can be downloaded that gives guidance on what is required to 0 place an order with HP.Click here to download the sample Purchase Order a 0 J a Ordering address: _ HP INC. Attn:Public Sector Sales 3800 Quick Hill Road M Bldg 2,Suite 100 to Austin,TX 78728 m 0 CJ a x m z x w c m E 0 a Packet Pg. 126 8.C.b 65 Z B Fury 15 G 7 Co Customer Quote 1 Contract Number:05815-01815-017 HP PROPRIETARY INFORMATION FOR CUSTOMER USE ONLY.I 10 NOT SHF Information&Details Billing Information Shipping Information Organization name:City of Kent OM ID:0900308386 Company:City of Kent Catalog name:05815-017 Company:CITY OF KENT Address: Created by:bonniea@unisoftnetworks.com Address: 400 West Gowe Street Partner Agent ID:10259704 220 4TH AVE S Suite 122 Name:Bonnie Alm City:Cit KENT City:Kent N '� Email:bonniea@unisoftnetworks.com State/Province:Washington State/Province:Washington 0 Phone:253-856-5200 Zip/postal code:98032-5838 Zip/postal code:98032 Q Email notification:bonniea@unisoftnetworks.com Country:US Country:US N Created:November 25,2020 Attention to: Attention to:J Endicott IT Dept Expires:December 25,2020 Email: Email:bonniea@unisoftnetworks.comLL Payment method:Purchase Order Phone: Phone:425-968-1022 Q Quote total:USD 201,964.62 Fax: Fax: CO) Delivery date: w W Shipping options: Q V Shipping method:Ship Partial-Ship Items as the c become available N Comments: d Invoice instructions:Email Invoice to accountspayable@kentwa.gov Subject line:IT Dept P.O.by December 30,2020. M t Shipping instructions:Delivery required on or before December 30,2020.No loading dock.Truck with Liftgate required. IL Quote Summary a 0 . Product# Product Description Manufacturer# Quantity Unit Price Total F O J , Zbook Fury 15 for Bonnie 65 USD 2,415.00 USD 156,9-1 2 Reference Model:33409101 Z, Configuration:33435151 Special price valid until 10/31/2021 9VS27AV HP IDS i9-10885H no WWAN Fury 15 G7 Base NB PC 1 m u� 168W1AV Standard Packaging 1 m ..r 4SS11 AV#ABA OS Localization 1 0 0 9VS81 AV Win 10 Pro 64 HIE 1 a x 9VS35AV NVIDIA Quadro T2000 4GB Graphics 1 pp 9VT27AV Integrated HD 720p IR DM Webcam 1 t 9VS47AV 15.6 FHD AG LED UWVA 400 fHDC IR ALSflat 1 j I 9VS91 AV 32GB(2x16GB)DDR4 2666 1 0 E 9VT20AV 512GB PCIe NVMe TLC SSD 1 0 9VT02AV 1 TB PCIe NVMe TLC 2nd SSD 1 Q 9VS59AV No Near Field Communication(No NFC) 1 9VT28AV IntelWiFi6AX201 ax2x2MUMIM0160MHz+BT5WW2A 1 9VS66AV No WWAN for HD+IR 1 9VTOOAV SEC Fingerprint Sensor 1 9VS22AV 8 Cell 94 WHr Long Life 1 9VS20AV 150 Watt Smart PFC Slim AC Adapter 1 Packet Pg. 127 8.C.b 65 Z B Fury 15 G 7 Co Customer Quote 1 Contract Number:05815-01815-017 HP PROPRIETARY INFORMATION FOR CUSTOMER USE ONLY.I 0 NOT SHF Product# Product Description Manufacturer# Quantity Unit Price Total F 9VU98AV#ABA PWRCORD C5 1.0m tag PRM US 1 9VU94AV#ABA WARR 3/3/0 US 1 2KY02AV DIB No Adobe Software 1 N 1 A342AV AMT Enabled 1 p z r 9VT64AV#ABA CNTRYLOC US 1 Q 9VT65AV#ABA KBDPM CP+PS BL SR US 1 w 3E756AV Electronic TCO Certified labeling 1 IL X9H35AV e5tar Enable IOPT 1 Q 9JQ19AV Core i9 vPro sz3 G10 Label 1 CO) LLI IX 3TR87AA#ABA HP TB Dock G2 w/Combo Cable 65 USD 225.00 USD 14,62 V Special price valid until N 10/31/2021 U09KBE HP 4 year Pickup and Return Hardware Support w/ADP for 65 USD 184.68 USD 12,0( MobileWorkstations(1 claim) cc z Special pricing code:43213365 Subtotal USD 183,601 Estimated Tax USD 18,36( L 0. Total USD 201,96, a c� J a x Z, ch Unless our contract prohibits it,(a)prices are valid for 30 days from quote date and/or(b) HP may change prices or discounts and reissl N quotes immediately if there are increases in costs,tariffs,or other changes outside HP's control. m If the bill to company and address you wish to use is not present at the time of check out please enter it in the"Shipping Instructions"b o The order management team will make sure it is billed to the correct location. �'+J Components of Configurable systems may not be ordered separately. Reference Model ID's and Configuration ID's are not part number = they are reference descriptions to your specific configuration. o0 If you are submitting a hard copy purchase order,please include a printed copy of this quote with your purchase order. If you place an order for a product that was incorrectly priced,we will cancel your order and credit you for any charges. In the event tha x we inadvertently shipped an order based on a pricing error,we will issue a revised invoice to you for the correct price and contact you tc w obtain your authorization for the additional charge,or assist you with the return of the product,if payment was not already made.If payment was already made, HP will work with the agency to correct the invoice. If the pricing error results in an overcharge to you,HP� s credit your account for the amount overcharged. a Packet Pg. 128 8.C.b 1. WA State Participating Agreement - HP Enterprises a� N 'i O t r 3 a r a w a U c �N r N R L V L Q_ Q O Q J a x r M co LO N d O 3 CY a m t x w r c d E �a r w a Packet Pg. 129 8.D • KENT W A S M I N G T O N DATE: February 2, 2021 TO: Kent City Council SUBJECT: Ordinance Amending Chapter 9.02 "Criminal Code" of the Kent City Code - Adopt MOTION: Adopt Ordinance No. 4389, amending Chapter 9.02 of the Kent City Code to incorporate new crimes adopted by the state during the 2019 and 2020 legislative sessions. SUMMARY: Generally speaking, cities have the responsibility to enforce and prosecute misdemeanor and gross misdemeanor crimes that occur within their respective city limits. However, the city of Kent can only enforce and prosecute through its Municipal Court those crimes or civil infractions that Kent has expressly adopted by ordinance, either comprehensively through individual creation and adoption, or by reference to a state statute. While Kent has adopted some Kent- specific crimes, the majority of its criminal code is adopted by reference to state crimes and enacted by the state Legislature over the years. During its 2019, and 2020 sessions, the state Legislature adopted a number of new laws which establish new crimes and civil infractions. It is therefore appropriate to amend the Kent City Code to incorporate them locally. Before these state laws may be applied and enforced locally through the Kent Municipal Court, they must be adopted by the City Council and incorporated into the Kent City Code. Additionally, in preparing this ordinance, staff compared Ch. 9.02 KCC with the Revised Code of Washington ("RCW") to update previous changes that have been made over time to the RCW titles, and to add Class C felony crimes that were not specifically listed in the Kent City Code. These offenses added include storage of radioactive waste produced outside of Washington; fraudulent student threat reports; and dangerous dogs and dog fighting. Adopting the amendments in this ordinance will remove a potential procedural barrier for prosecuting state crimes. These amendments should have no detrimental impact on law-abiding people or businesses. These new offenses being adopted include fraud related to vital records; failure to appear or surrender; possession of firearm on licensed child care center premises; Packet Pg. 130 8.D intentional HIV transmission; violation of an STD health order; impersonating a census taker; various vapor product licensing offenses; provision of marijuana to a minor by a retail employee; unlawful tender offers; unauthorized trust activities; unsafe storage of a firearm; possession of an undetectable or untraceable firearm. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolvin4 Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thrivinq City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Criminal Code Update Ordinance (PDF) 01/26/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/2/2021 7:00 PM Packet Pg. 131 8.D.a a 0 Q a� 0 U U ORDINANCE NO. 4389 c as Y m t 0 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 of o the Kent City Code, entitled "Criminal Code," to: U (i) adopt by reference new civil infractions and = misdemeanor crimes enacted by the state E •L Legislature during its 2019 and 2020 sessions for application and enforcement in the City of Kent; and o (ii) make other housekeeping amendments to the L criminal code to update changes made to the a Revised Code of Washington titles, adopt other misdemeanor crimes that were not previously U adopted by specific reference and adopt Class C felony crimes that may be used as a basis to support the crime of criminal attempt or criminal conspiracy, E which is punishable as a gross misdemeanor. Q a� U c L RECITALS r A. During its 2019 and 2020 legislative sessions, the Washington State Legislature adopted a number of bills that added new criminal provisions to the Revised Code of Washington ("RCW").1 The Kent City Code L has adopted by reference a number of state law provisions for application O a� and enforcement in the City of Kent. Once a state law is adopted by Q. reference into the Kent City Code, that reference is sufficient for subsequent 0 U Fa 1 These new offenses include: fraud related to vital records; failure to appear or surrender; possession of firearm on licensed child care center premises; intentional L HIV transmission; violation of an STD health order; impersonating a census taker; L) various vapor product licensing offenses; provision of marijuana to a minor by a c retail employee; unlawful tender offers; unauthorized trust activities; unsafe m E storage of a firearm; possession of an undetectable or untraceable firearm. M r r 1 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 132 8.D.a amendments the Legislature may make to that state law provision. a However, because the Legislature adopted legislation that created new a crimes that didn't previously exist, it is necessary to amend the Kent City Code to similarly adopt these new state law provisions by reference for U application and enforcement in Kent. L) r a� B. While updating the criminal code to add these new crimes, staff made other housekeeping amendments to update changes made to the c Revised Code of Washington titles, and incorporated into the ordinance other 0 misdemeanor crimes that were not previously adopted by specific U reference.2 0 L U C. References to repealed sections of the RCW have also been o removed.3 a M M NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, a, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: c a� E ORDINANCE a a� c SECTION 1. - Amendment - Section 9.02.060. Section 9.02.060 of the Kent City Code, entitled "RCW Title 9, entitled Crimes and Punishments' p - Adoption by reference," is amended as follows: LO N Sec. 9.02.060. RCW Title 9, entitled ""Crimes and Punishments" �a Adoption by reference. The following RCW sections, as currently L enacted or as hereafter amended or recodified from time to time, are hereby o a� w adopted by reference and shall be given the same force and effect as if set a forth herein in full: a� 0 U c 2 These offenses include: storage of radioactive waste produced outside of L- Washington; unlawful hazardous waste management; fraudulent student threat U reports; and dangerous dogs and dog fighting. c 3 These repealed offenses include: RCW 16.52.165; and RCW 16.52.110. Repealed E and replaced offenses include: RCW 70.105.085. r r 2 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 133 8.D.a RC W , a 9.01.055 Citizen immunity if aiding officer, scope - When. Q 9.01.110 Omission, when not punishable. 9.01.130 Sending letter, when complete. o 9.02.050 Concealing birth. U 9.02.120 Unauthorized abortions - Penalty. 9.02.130 Defenses to prosecution. r 9.02.170 Definitions. Y 9.03.010 Abandoning, discarding refrigeration equipment. 9.03.020 Permitting unused equipment to remain on premises. 9.03.030 Violation of RCW 9.03.010 or 9.03.020. 0 9.03.040 Keeping or storing equipment for sale. 9.04.010 False advertising. U 9.04.040 Advertising cures of lost sexual potency - Evidence. 9.04.050 False, misleading, deceptive advertising. 9.04.070 False, misleading, deceptive advertising - Penalty. 9.04.090 Advertising fuel prices by service stations. N 9.08.030 False certificate of registration of animals - False representation as to breed. 9.08.065 Definitions. a 9.08.070 Pet animals - Taking, concealing, injuring, killing, etc. - Penalty. 9.08.072 Transferring stolen pet animal to a research institution - Penalty. 9.08.074 Transferring stolen pet animal to a person who has previously E Q sold a stolen pet animal to a research institution - Penalty. 9.08.076 Transferring stolen pet animal to a research institution by a r- U.S.D.A. licensed dealer - Penalty. 9.08.078 Illegal sale, receipt, or transfer of pet animals - Separate 0` offenses. r 9.08.090 Acts against animal facilities. 9.12.010 Barratry. 9.12.020 Buying, demanding, or promising reward by district judge or deputy. 9.16.005 Definitions. �a L 9.16.010 Removing lawful brands. 0 9.16.020 Imitating lawful brand. cc 9.16.030 Counterfeit mark - Intellectual property. a 9.16.035 Counterfeiting - Penalties. 9.16.041 Counterfeit items - Seizure and forfeiture. c 9.16.050 When deemed affixed. 0 9.16.060 Fraudulent registration of trademark. 9.16.070 Form and similitude defined. L 9.16.080 Petroleum products improperly labeled or graded. 9.16.100 Use of the words "sterling silver," etc. 9.16.110 Use of words "coin silver," etc. E M U r r 3 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 134 8.D.a 9.16.120 Use of the word "sterling" on mounting. , 9.16.130 Use of the words "coin silver" on mounting. a 9.16.140 Unlawfully marking article made of gold. Q 9.16.150 "Marked, stamped or branded" defined. 9.18.080 Offender a competent witness. c0 9.18.120 Suppression of competitive bidding. 9.18.130 Collusion to prevent competitive bidding - Penalty. 9.18.150 Agreements outside state. 9.24.010 Fraud in stock subscription. Y 9.24.040 Corporation doing business without license. 9.26A.090 Telephone company credit cards - Prohibited acts. - 9.26A.100 Definitions. 9.26A.110 Fraud in obtaining telecommunications service - Penalty. 0 9.26A.120 Fraud in operating coin-box telephone or other receptacle. L) 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. _ 9.26A.140 Unauthorized sale or procurement of telephone records - E L Penalties - Definitions. 9.27.015 Interference, obstruction of any court, building, or residence - o Violations. L 9.35.005 Definitions. 9.35.010 Improperly obtaining financial information. 9.35.020 Identity theft. U 9.35.030 Soliciting undesired mail. 9.38.010 False representation concerning credit. 9.38.015 False statement by deposit account applicant. E 9.38.020 False representation concerning title. Q 9.38.060 Digital signature violations. c 9.40.040 Operating engine or boiler without spark arrester. cc 9.40.100 Tampering with fire alarm or fire fighting equipment - False alarm - Penalties. 9.41.010 Terms defined. to 9.41.040 Unlawful possession of firearms - Ownership, possession by certain persons - Restoration of right to possess - Penalty. 9.41.050 Carrying firearms. r_ 9.41.060 Exceptions to restrictions on carrying firearms. 9.41.070 Concealed pistol license - Application - Fee - Renewal. o 9.41.080 Delivery to ineligible persons. 9.41.090 Dealer deliveries regulated - Hold on delivery. 9.41.100 Dealer licensing and registration required. D 9.41.110 Dealer's licenses, by whom granted, conditions, fees - Employees, fingerprinting and background checks - Wholesale sales excepted - Permits prohibited. 9.41.113 Firearm sales or transfers - Background checks - Requirements - Exceptions. 9.41.115 Penalties - Violations of RCW 9.41.113. 9.41.120 Firearms as loan security. a 9.41.140 Alteration of identifying marks - Exceptions. U 4 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 135 8.D.a 9.41.171 Alien possession of firearms - Requirements - Penalty. , 9.41.173 Alien possession of firearms - Alien firearm license - Political a subdivisions may not modify requirements - Penalty for false Q statement. 9.41.175 Alien possession of firearms - Possession without license - 0 Conditions. 9.41.190 Unlawful firearms - Exceptions. 9.41.220 Unlawful firearms and parts contraband. 9.41.230 Aiming or discharging firearms, dangerous weapons. Y 9.41.240 Possession of pistol by person from eighteen to twenty-one. 9.41.250 Dangerous weapons - Penalty. - 9.41.251 Dangerous weapons - Application of restrictions to law enforcement, firefighting, rescue, and military personnel. 0 9.41.260 Dangerous exhibitions. U 9.41.270 Weapons apparently capable of producing bodily harm - _ Unlawful carrying or handling - Penalty - Exceptions. L 9.41.280 Possessing dangerous weapons on school facilities - Penalty - Exceptions. o 9.41.282 Possessing dangerous weapons on child care premises— Pena Ity—Exceptions. 9.41.290 State preemption. 9.41.300 Weapons prohibited in certain places - Local laws and U ordinances - Exceptions - Penalty. 9.41.325 Undetectable or untraceable firearms—Penalties 9.41.335 Failure to register as felony firearm offender. E 9.41.345 Return of privately owned firearm or concealed pistol license Q by law enforcement agency—Duties—Notice—Exception. c 9.41.350 Voluntary waiver of firearm rights—Procedure—Penaltycc - Exemption from public disclosure. 9.41.360 Unsafe storage of a firearm. 9.41.800 Surrender of weapons or licenses - Prohibition on future possession or licensing. 9.41.810 Penalty. 9.44.080 Misconduct in signing a petition. r_ 9.45.060 Encumbered, leased, or rented personal property - Construction. oL 9.45.070 Mock auctions. 2 cc 9.45.080 Fraudulent removal of property. 9.45.090 Knowingly receiving fraudulent conveyance. D 9.45.100 Fraud in assignment for benefit of creditors. 9.45.160 Fraud in liquor warehouse receipts. 0 9.45.170 Penalty. 9.45.210 Altering sample or certificate of assay. 9.45.220 Making false sample or assay of ore. 9.45.260 Fire protection sprinkler system contractors - Wrongful acts. 9.45.270 Fraudulent filing of vehicle report of sale. a 9.46.0201 "Amusement game." U r r 5 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 136 8.D.a 9.46.0205 "Bingo." , 9.46.0209 "Bona fide charitable or nonprofit organization." -°a 9.46.0213 "Bookmaking." Q 9.46.0217 "Commercial stimulant." a� 9.46.0221 "Commission." 0 9.46.0225 "Contest of chance." 9.46.0229 "Fishing derby." 9.46.0233 "Fund-raising event." 9.46.0237 "Gambling." Y 9.46.0241 "Gambling device." 9.46.0245 "Gambling information." - 9.46.0249 "Gambling premises." 9.46.0253 "Gambling record." 0 9.46.0257 "Lottery." U 9.46.0261 "Member," "bona fide member." _ 9.46.0265 "Player." L 9.46.0269 "Professional gambling." 9.46.0273 "Punchboards," "pull-tabs." o 9.46.0277 "Raffle." L 9.46.0282 "Social card game." 9.46.0285 "Thing of value." 9.46.0289 "Whoever," "person." U 9.46.170 False or misleading entries or statements, refusal to produce records. c 9.46.185 Causing person to violate rule or regulation. E 9.46.190 Violations relating to fraud or deceit. Q 9.46.195 Obstruction of public servant - Penalty. c 9.46.196 Cheating - Defined. 9.46.1961 Cheating in the first degree. 9.46.1962 Cheating in the second degree. 9.46.198 Working in gambling activity without license as violation - Penalty. 9.46.215 Ownership or interest in gambling device - Penalty - Exceptions. 9.46.217 Gambling records - Penalty - Exceptions. 9.46.221 Professional gambling in the second degree. o 9.46.222 Professional gambling in the third degree. 9.46.228 Gambling activities by persons under age eighteen prohibited CL - Penalties - Jurisdiction - In-house controlled purchase D programs authorized. 9.46.240 Gambling information, transmitting or receiving. 0 9.47.080 Bucket shop defined. 9.47.090 Maintaining bucket shop - Penalty. 9.47.100 Written statement to be furnished - Presumption. 9.47A.010 Definition. 9.47A.020 Unlawful inhalation - Exception. a 9.47A.030 Possession of certain substances prohibited, when. U 6 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 137 8.D.a 9.47A.040 Sale of certain substances prohibited, when. a 9.47A.050 Penalty. -°a 9.51.010 Misconduct of officer drawing jury. Q 9.51.020 Soliciting jury duty. a� 9.51.030 Misconduct of officer in charge of jury. 0 9.51.040 Grand juror acting after challenge allowed. 9.51.050 Disclosing transaction of grand jury. L) 9.51.060 Disclosure of deposition returned by grand jury. 9.55.020 Witness refusing to attend legislature or committee or to Y testify. 9.61.190 Carrier or racing pigeons - Injury to. - 9.61.200 Carrier or racing pigeons - Removal or alteration of identification. 0 9.61.230 Telephone harassment. U 9.61.240 Telephone harassment - Permitting telephone to be used. _ 9.61.250 Telephone harassment - Offense, where deemed committed. E L 9.61.260 Cyberstalking. 9.62.010 Malicious prosecution. o 9.62.020 Instituting suit in name of another. L 9.66.010 Public nuisance. 9.66.020 Unequal damage. CU 9.66.030 Maintaining or permitting nuisance. U 9.66.040 Abatement of nuisance. 9.66.050 Deposit of unwholesome substance. 9.68.015 Obscene literature, shows, etc. - Exemptions. E 9.68.030 Indecent articles, etc. Q 9.68.050 "Erotic material" - Definitions. c 9.68.060 "Erotic material" - Determination by court - Labeling - cc Penalties. 9.68.070 Prosecution for violation of RCW 9.68.060 - Defense. 9.68.080 Unlawful acts. 9.68.100 Exceptions to RCW 9.68.050 through 9.68.120. 9.68.110 Motion picture operator or projectionist exempt, when. 9.68.130 "Sexually explicit material" - Defined - Unlawful display. r- 9.68.140 Promoting pornography - Class C felony - Penalties. 9.68A.011 Definitions. o 9.68A.050 Dealing in depictions of minor engaged in sexually explicit conduct. CL 9.68A.060 Sending, bringing into state depictions of minor engaged in D sexually explicit conduct. 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct. 9.68A.075 Viewing depictions of a minor engaged in sexually explicit conduct. L L) 9.68A.080 Reporting of depictions of a minor engaged in sexually explicit conduct - Civil immunity. a 9.68A.090 Communication with minor for immoral purposes - Penalties. U 7 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 138 8.D.a 9.68A.102 Promoting travel for commercial sexual abuse of a minor - a Penalty - Consent of minor does not constitute defense. -°a 9.68A.103 Permitting commercial sexual abuse of a minor - Penalty - Q Consent of minor does not constitute defense. a� 9.68A.110 Certain defenses barred, permitted. 0 9.68A.120 Seizure and forfeiture of property. 9.68A.150 Allowing minor on premises of live erotic performance - L) Definitions - Penalty. 9.69.100 Duty of witness of offense against child or any violent offense Y - Penalty. 9.72.090 Committal of witness - Detention of documents. - 9.73.010 Divulging telegram. 9.73.020 Opening sealed letter. 0 9.73.030 Intercepting, recording or divulging private communication - L) Consent required - Exceptions. _ 9.73.050 Admissibility of intercepted communication in evidence. E •L 9.73.070 Persons and activities excepted from chapter. P 9.73.080 Penalties. o 9.73.090 Certain emergency response personnel exempted from RCW L 9.73.030 through 9.73.080 - Standards - Court authorizations a - Admissibility. 9.73.100 Recordings available to defense counsel. U 9.73.110 Intercepting, recording, or disclosing private communications - Not unlawful for building owner - Conditions. 9.73.230 Intercepting, transmitting, or recording conversations E concerning controlled substances or commercial sexual abuse Q of a minor - Conditions - Written reports required - Judicial c review - Notice - Admissibility - Penalties. 9.73.260 Pen registers, trap and trace devices, cell site simulator devices. 9.81.010 Definitions. 9.81.030 Membership in subversive organization is felony - Penalty. 9.81.110 Misstatements are punishable as perjury - Penalty. 9.86.010 "Flag," etc., defined. r- 9.86.020 Improper use of flag prohibited. 9.86.030 Desecration of flag. o 9.91.010 Denial of civil rights - Terms defined. 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. CL 9.91.060 Leaving children unattended in a parked automobile. D 9.91.130 Disposal of trash in charity donation receptacle. 9.91.140 Food stamps - Unlawful sale. 9.91.142 Food stamps - Trafficking. 9.91.144 Food stamps - Unlawful redemption. 9.91.150 Tree spiking. 9.91.160 Personal protection spray devices. 9.91.170 Interfering with dog guide or service animal. 9.91.175 Interfering with search and rescue dog. U 8 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 139 8.D.a 9.91.180 Violent video or computer games. , 9.92.020 Punishment of gross misdemeanor when not fixed by statute. a 9.92.030 Punishment of misdemeanor when not fixed by statute. Q 9.92.040 Punishment for contempt. a� 9.92.080 Sentence on two or more convictions or counts. 0 9.94.041 Narcotic drugs, controlled substances, alcohol, marijuana, ;, other intoxicant, cell phone, or other form of electronic L) telecommunications device—Possession, etc., by prisoners— Penalty. Y 9.96.060 Misdemeanor or gross misdemeanor offenses, persons convicted of prostitution who committed the offense as a result - of being a victim of trafficking, promoting prostitution in the first degree, promoting commercial sexual abuse of a minor, or 0 trafficking in persons, or of violating a certain statute or rule U regarding the regulation of fishing—Vacating records— _ Domestic violence records. L U SECTION 2. - Amendment - Section 9.02.070. Section 9.02.070 of o a� the Kent City Code, entitled "RCW Title 9A, entitled Washington Criminal Code' - Adoption by reference," is amended as follows: U Sec. 9.02.070. RCW Title 9A, entitled "'Washington Criminal c Code" - Adoption by reference. The following RCW sections, as currently E Q enacted or as hereafter amended or recodified from time to time, are hereby c adopted by reference and shall be given the same force and effect as if set E forth herein in full: 0` r RCW N 9A.04.020 Purposes - Principles of construction. 9A.04.030 State criminal jurisdiction. 9A.04.040 Classes of crimes. �a L 9A.04.050 People capable of committing crimes - Capability of children. 0 9A.04.060 Common law to supplement statute. W 9A.04.070 Who amenable to criminal statutes. �. 9A.04.080 Limitation of actions. as 9A.04.090 Application of general provisions of the code. c 9A.04.100 Proof beyond a reasonable doubt. U 9A.04.110 Definitions. 9A.08.010 General requirements of culpability. L 9A.08.020 Liability for conduct of another - Complicity. L) 9A.08.030 Corporate and personal liability. 9A.12.010 Insanity. E U r r 9 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 140 8.D.a 9A.16.010 Definitions. 9A.16.020 Use of force - When lawful. 0 9A.16.060 Duress. a 9A.16.070 Entrapment. a� 9A.16.080 Action for being detained on mercantile establishment premises 0 for investigation - "Reasonable grounds" as defense. 9A.16.090 Intoxication. 9A.16.100 Use of force on children - Policy - Actions presumed unreasonable. Y 9A.16.120 Outdoor music festival, campground - Detention. 9A.20.010 Classification and designation of crimes. c 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after. 0 9A.20.030 Alternative to a fine - Restitution. U 9A.28.020 Criminal attempt. _ 9A.28.030 Criminal solicitation. L 9A.28.040 Criminal conspiracy. 9A.36.031 Assault in the third degree. o 9A.36.041 Assault in the fourth degree. L 9A.36.050 Reckless endangerment. 9A.36.060 Promoting a suicide attempt. 9A.36.070 Coercion. 9A.36.080 Malicious harassment - Definition and criminal penalty. 9A.36.100 Custodial assault. 9A.36.140 Assault of a child in the third degree. 9A.36.150 Interfering with the reporting of domestic violence. Q 9A.36.160 Failing to summon assistance. 9A.36.161 Failing to summon assistance - Penalty. 9A.40.010 Definitions. 9A.40.040 Unlawful imprisonment. 9A.40.060 Custodial interference in the first degree. LO 9A.40.070 Custodial interference in the second degree. 9A.40.080 Custodial interference - Assessment of costs - Defense Consent defense, restricted. 9A.40.090 Luring. 9A.40.110 Coercion of involuntary servitude. 0 9A.40.120 Enforcement of orders restricting contact. w 9A.42.010 Definitions. 9A.42.030 Criminal mistreatment in the second degree. 9A.42.035 Criminal mistreatment in the third degree. 9A.42.037 Criminal mistreatment in the fourth degree. U 9A.42.040 Withdrawal of life support systems. 9A.42.045 Palliative care. 9A.42.050 Defense of financial inability. 9A.42.070 Abandonment of a dependent person in the second degree - Exception. r r 10 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 141 8.D.a 9A.42.080 Abandonment of a dependent person in the third degree - Exception. 0 9A.42.090 Abandonment of a dependent person - Defense. a 9A.42.110 Leaving a child in the care of a sex offender. 9A.44.010 Definitions. 0 9A.44.020 Testimony - Evidence - Written motion - Admissibility. 9A.44.030 Defenses to prosecution under this chapter. U 9A.44.060 Rape in the third degree. 9A.44.079 Rape of a child in the third degree. Y 9A.44.089 Child molestation in the third degree. 9A.44.093 Sexual misconduct with a minor in the first degree. c 9A.44.096 Sexual misconduct with a minor in the second degree. 9A.44.105 Sexually violating human remains. 0 9A.44.115 Voyeurism. U 9A.44.120 Admissibility of child's statement - Conditions. _ 9A.44.128 Definitions applicable to RCW 9A.44.130 through 9A.44.145, E •L 10.01.200, 43.43.540, 70.48.470, and 72.09.330. 9A.44.130 Registration of sex offenders and kidnapping offenders - o Procedures - Definition - Penalties. L 9A.44.132 Failure to register as sex offender or kidnapping offender - 2 Refusal to provide DNA. 9A.44.150 Testimony of child by closed-circuit television. 9A.44.160 Custodial sexual misconduct in the first degree. 9A.44.170 Custodial sexual misconduct in the second degree. 9A.44.180 Custodial sexual misconduct - Defense. 9A.44.190 Criminal trespass against children - Definitions. Q 9A.44.193 Criminal trespass against children - Covered entities. 9A.44.196 Criminal trespass against children. 9A.46.010 Legislative finding. 9A.46.020 Definition - Penalties. 9A.46.030 Place where committed. LO 9A.46.040 Court-ordered requirements upon person charged with crime - Violation. 9A.46.050 Arraignment - No contact order. 9A.46.060 Crimes included in harassment. 9A.46.070 Enforcement of orders restricting contact. 0 9A.46.080 Order restricting contact - Violation. w 9A.46.085 Stalking no-contact orders - Appearance before magistrate required. 9A.46.090 Nonliability of peace officer. 9A.46.100 "Convicted," time when. U 9A.46.110 Stalking. cFa 9A.46.120 Criminal gang intimidation. E 9A.48.010 Definitions. 9A.48.040 Reckless burning in the first degree. 9A.48.050 Reckless burning in the second degree. 9A.48.060 Reckless burning - Defense. r r 11 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 142 8.D.a 9A.48.080 Malicious mischief in the second degree. a 9A.48.090 Malicious mischief in the third degree. -0 9A.48.100 Malicious mischief - "Physical damage" defined. a 9A.48.105 Criminal street gang tagging and graffiti. 9A.48.110 Defacing a state monument. 0 9A.49.001 Findings. 9A.49.010 Definitions. 9A.49.020 Unlawful discharge of a laser in the first degree. 9A.49.030 Unlawful discharge of a laser in the second degree. Y 9A.49.040 Civil infraction, when. 9A.49.050 Exclusions. c 9A.50.010 Definitions. 9A.50.020 Interference with health care facility. 0 9A.50.030 Penalty. U 9A.50.060 Informational picketing. _ 9A.52.010 Definitions. E L 9A.52.050 Other crime in committing burglary punishable. 9A.52.060 Making or having burglar tools. o 9A.52.070 Criminal trespass in the first degree. L 9A.52.080 Criminal trespass in the second degree. 2 9A.52.090 Criminal trespass - Defenses. 9A.52.095 Vehicle prowling in the first degree. 9A.52.100 Vehicle prowling in the second degree. 9A.52.105 Removal of unauthorized persons—Declaration—Liability— Rights. 9A.52.115 Removal of unauthorized persons—Declaration form—Penalty Q for false swearing. 9A.56.010 Definitions. 9A.56.020 Theft - Definition, defense. 9A.56.040 Theft in the second degree. 9A.56.050 Theft in the third degree. 9A.56.060 Unlawful issuance of checks or drafts. N 9A.56.063 Making or possessing motor vehicle theft tools. 9A.56.075 Taking motor vehicle without permission in the second degree. 9A.56.083 Theft of livestock in the second degree. 9A.56.096 Theft of rental, leased, lease-purchased, or loaned property. o 9A.56.100 Theft and larceny equated. w 9A.56.110 Extortion - Definition. 9A.56.130 Extortion in the second degree. 9A.56.140 Possessing stolen property - Definition - Presumption. 9A.56.160 Possessing stolen property in the second degree - Other than U firearm or motor vehicle. �a 9A.56.170 Possessing property in the third degree. 9A.56.180 Obscuring the identity of a machine. 9A.56.220 Theft of subscription television services. 9A.56.230 Unlawful sale of subscription television services. a 9A.56.240 Forfeiture and disposal of device used to commit violation. r r 12 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 143 8.D.a 9A.56.260 Connection of channel converter. 9A.56.262 Theft of telecommunication services. 0 9A.56.264 Unlawful manufacture of telecommunication device. a 9A.56.266 Unlawful sale of telecommunication device. a� 9A.56.270 Shopping cart theft. 0 9A.56.280 Credit, debit cards, checks, etc. - Definitions. 9A.56.290 Credit, payment cards - Unlawful factoring of transactions. L) 9A.56.320 Financial fraud - Unlawful possession, production of instruments of. Y 9A.56.330 Possession of another's identification. t 9A.56.340 Theft with the intent to resell. c 9A.56.350 Organized retail theft. 9A.56.360 Retail theft with special circumstances. 0 9A.56.370 Mail theft. U 9A.56.380 Possession of stolen mail. _ 9A.56.390 Mail theft - Possession of stolen mail - Commission of other L crime. 9A.58.010 Definitions. o 9A.58.020 Possessing, or reading or capturing, information contained on L another person's identification document - Exceptions. 9A.60.010 Definitions. 9A.60.020 Forgery. L) 9A.60.030 Obtaining a signature by deception or duress. 9A.60.040 Criminal impersonation in the first degree. 9A.60.045 Criminal impersonation in the second degree. E 9A.60.050 False certification. Q 9A.60.060 Fraudulent creation or revocation of a mental health advance directive. 9A.60.070 False academic credentials - Unlawful issuance or use - Definitions - Penalties. 9A.60.080 Impersonating a census taker. 9A.61.010 Definitions. N 9A.61.020 Defrauding a public utility. 9A.61.040 Defrauding a public utility in the second degree. 9A.61.050 Defrauding a public utility in the third degree. 9A.61.060 Restitution and costs. 0 9A.64.010 Bigamy. w 9A.64.020 Incest. 9A.64.030 Child selling - Child buying. 9A.68.020 Requesting unlawful compensation. 9A.68.030 Receiving or granting unlawful compensation. U 9A.68.040 Trading in public office. 9A.68.050 Trading in special influence. 9A.72.010 Definitions. 9A.72.030 Perjury in the second degree. 9A.72.040 False swearing. r r 13 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 144 8.D.a 9A.72.050 Perjury and false swearing - Inconsistent statements - Degree of crime. 0 9A.72.060 Perjury and false swearing - Retraction. a 9A.72.070 Perjury and false swearing - Irregularities no defense. 9A.72.080 Statement of what one does not know to be true. 0 9A.72.085 Unsworn statements, certification - Standards for subscribing to an unsworn statement. 9A.72.120 Tampering with a witness. 9A.72.140 Jury tampering. Y 9A.72.150 Tampering with physical evidence. 9A.76.010 Definitions. c 9A.76.023 Disarming a law enforcement or corrections officer. 9A.76.025 Disarming a law enforcement or corrections officer - 0 Commission of another crime. U 9A.76.027 Law enforcement or corrections officer engaged in criminal = conduct. L 9A.76.030 Refusing to summon aid for a peace officer. L) 9A.76.040 Resisting arrest. o 9A.76.050 Rendering criminal assistance - Definition of term. L 9A.76.060 Relative defined. 9A.76.070 Rendering criminal assistance in the first degree. 9A.76.080 Rendering criminal assistance in the second degree. 9A.76.090 Rendering criminal assistance in the third degree. 9A.76.100 Compounding. 9A.76.150 Introducing contraband in the second degree. 9A.76.160 Introducing contraband in the third degree. Q 9A.76.170 Bail jumping. 9A.76.175 Making a false or misleading statement to a public servant. 9A.76.177 Amber alert - Making a false or misleading statement to a public servant. 9A.76.190 Failure to appear or surrender—Affirmative defense—Penalty LO 9A.76.200 Harming a police dog, accelerant detection dog, or police horse - Penalty. 9A.80.010 Official misconduct. �a 9A.82.010 Definitions. 9A.82.045 Collection of unlawful debt. o 9A.82.055 Trafficking in stolen property in the second degree. w 9A.82.070 Influencing outcome of sporting event. 9A.82.080 Use of proceeds of criminal profiteering - Controlling enterprise or realty - Conspiracy or attempt. 9A.82.100 Remedies and procedures. U 9A.82.120 Criminal profiteering lien - Authority, procedures. 9A.82.130 Criminal profiteering lien - Trustee of real property. 9A.82.160 Criminal profiteering lien - Trustee's failure to comply, evasion of procedures or lien. 9A.82.170 Financial institution records - Inspection and copying - Wrongful disclosure. r r 14 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 145 8.D.a 9A.84.010 Criminal mischief. 9A.84.020 Failure to disperse. -0 9A.84.040 False reporting. a 9A.86.010 Disclosing intimate images_. 9A.88.010 Indecent exposure. 0 9A.88.030 Prostitution. 9A.88.040 Prosecution for prostitution under RCW 9A.88.030 - Affirmative L) defense. 9A.88.050 Prostitution - Sex of parties immaterial - No defense. Y 9A.88.060 Promoting prostitution - Definitions. 9A.88.080 Promoting prostitution in the second degree. c 9A.88.085 Promoting travel for prostitution. 9A.88.090 Permitting prostitution. 0 9A.88.110 Patronizing a prostitute. U 9A.88.120 Additional fee assessments. _ 9A.88.130 Additional requirements. E •L 9A.88.140 Vehicle impoundment - Fees - Fines. 9A.88.150 Seizure and forfeiture. o 9A.90.030 Definitions. L 9A.90.040 Computer trespass in the first degree. 2 9A.90.050 Computer trespass in the second degree. 9A.90.060 Electronic data service interference. 9A.90.070 Spoofing. 9A.90.080 Electronic data tampering in the first degree. 9A.90.090 Electronic data tampering in the second degree. 9A.90.100 Electronic data theft. Q 9A.90.110 Commission of other crime. SECTION 3. - Amendment - Section 9.02.100. Section 9.02.100 of 0 the Kent City Code, entitled "RCW Title 16, entitled "Animals and Livestock" LO - Adoption by reference," is amended as follows: Sec. 9.02.100. RCW Title 16, entitled "Animals and Livestock" - Adoption by reference. The following RCW sections, as currently o enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set a� forth herein in full: 0 U RCW L 16.08.100 Dangerous dogs—Confiscation—Conditions—Duties of animal U control authority—Penalties and affirmative defenses for owners of dogs that attack—Dog fights, penalty. E r r 15 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 146 8.D.a 16.36.116 Civil infraction - Live nonambulatory livestock - Monetary a penalty - Authorization by director - Issuance of notices - -°a Enforcement. Q 16.52.011 Definitions - Principles of liability. a� 16.52.015 Enforcement - Law enforcement agencies and animal care and 0 control agencies. 16.52.080 Transporting or confining in unsafe manner - Penalty. 16.52.085 Removal of animals for feeding and care - Examination - Notice - Euthanasia. Y 16.52.090 Docking horses - Misdemeanor. 16.52.095 Cutting ears - Misdemeanor. - 16.52.100 Confinement without food and water - Intervention by others. 16.52.117 Animal fighting - Prohibited behavior - Class C felony - U Exceptions. _ 16.52.165FFShmeft E6•,•,:eteen ef •.,.,:5 aerrternT6F. •L 16.52.180 Limitations on application of chapter. 16.52.185 Exclusions from chapter. o 16.52.190 Poisoning animals - Penalty. L 16.52.193 Poisoning animals - Strychnine sales - Records - Report on a suspected purchases. 16.52.200 Sentences - Forfeiture of animals - Liability for costs -Penalty U - Education, counseling. 16.52.205 Animal cruelty in the first degree. 16.52.207 Animal cruelty in the second degree - Penalty. E 16.52.210 Destruction of animal by law enforcement officer - Immunity Q from liability. c 16.52.225 Nonambulatory livestock - Transporting or accepting delivery - Gross misdemeanor - Definition. 16.52.300 Dogs or cats used as bait - Seizure - Limitation. 16.52.305 Unlawful use of hook - Gross misdemeanor. 16.52.310 Dog breeding - Limit on the number of dogs - Required conditions - Penalty - Limitation of section - Definitions. 16.52.320 Maliciously killing or causing substantial bodily harm to livestock belonging to another - Penalty. 16.52.330 Veterinarians - Animal cruelty - Liability immunity. 0 16.52.340 Leave or confine any animal in unattended motor vehicle or :' enclosed space - Class 2 civil infraction - Officers' authority to cc a CL reasonably remove animal. D 16.52.350 Dog tethering—Penalties. 16.57.010 Definitions. o U 16.57.120 Removal or alteration of brand - Penalty. cFa 16.57.260 Removal of cattle or horses from state - Inspection certificate E required. L U 16.57.267 Failure to present animal for inspection. 16.57.270 Unlawful to refuse assistance in establishing identity and a ownership of livestock. U 16 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 147 8.D.a 16.57.280 Possession of cattle or horse marked with another's brand - Penalty. 0 16.57.405 Microchip in a horse - Removal with intent to defraud - Gross a misdemeanor. a� 16.57.440 Unlawful transport or delivery of cattle or horses. 0 16.58.170 General penalties - Subsequent offenses. 16.65.440 Penalty. 16.70.050 Violations - Penalty. Y SECTION 4. - Amendment - Section 9.02.170. Section 9.02.170 of t the Kent City Code, entitled "Chapter 28A.635 RCW, entitled Offenses 0 a� relating to school property and personnel' - Adoption by reference," is 0 U amended to be entitled "RCW Title 28A, entitled 'Common School Provisions' - Adoption by reference," and is amended as follows: E •L U N Sec. 9.02.170 Chapter RCW—Title 28A.635 RGW, entitled "OfFenses rellating to seheell property and person L Common School a Provisions" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and E effect as if set forth herein in full: Q c RCW L 28A.320.128 Notice and disclosure policies—Threats of violence— Student conduct—Immunity for good faith notice— Penalty. N 28A.635.010 Abusing or insulting teachers, liability for - Penalty. 28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when - Penalty. 0 28A.635.030 Disturbing school, school activities or meetings - w Penalty. 28A.635.040 Examination questions - Disclosing - Penalty. 28A.635.050 Certain corrupt practices of school officials - Penalty. 28A.635.070 Property, failure of officials or employees to account for U - Mutilation by - Penalties. c 28A.635.090 Interference by force or violence - Penalty. E 28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful - Penalty. r r 17 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 148 8.D.a 28A.635.110 Violations under RCW 28A.635.090 and 28A.635.100 - Disciplinary authority exception. -0 Q SECTION 5. - Amendment - Section 9.02.200. Section 9.02.200 of the Kent City Code, entitled "Chapter 30B.10 RCW, entitled Director's U authority - Supervision and examination - Enforcement' - Adoption by U r reference," is amended to be entitled "RCW Title 30B, entitled Washington Y Trust Institutions Act' - Adoption by reference," and is amended as follows: 0 Sec. 9.02.200. Cha RCW Title 30B-.-1$ W, entitled 0 '" . autherity Supervision and examinationU R Washington Trust Institutions Act" - Adoption by reference. The L following RCW sections, as currently enacted or as hereafter amended or N recodified from time to time, is hereby adopted by reference and shall be L given the same force and effect as if set forth herein in full: a 0 RCW a, c 30B.10.100 Effect of final orders against officers, directors, employees, and agents. 30B.10.230 General penalty—Effect of conviction. Q 30B.53.090 Acquisition of control of state trust company—Notice and application—Registration statement—Violations—Penalties. E L SECTION 6. - Amendment - Section 9.02.270. Section 9.02.270 of the Kent City Code, entitled "RCW Title 36, entitled Militia and Military LO N_ Affairs' - Adoption by reference," is amended as follows: �a Sec. 9.02.270. RCW Title 36, entitled "Militia and Military 0 Affairs" - Adoption by reference. The following RCW sections, as w currently enacted or as hereafter amended or recodified from time to time, a are hereby adopted by reference and shall be given the same force and 0 effect as if set forth herein in full: U �a c E RCW 38.32.090 Penalty for physician making false certificate. 38.32.100 Buying and receiving military property. 0 r r 18 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 149 8.D.a 38.32.120 Authority of commanding officer. a 38.40.040 Interference with employment - Penalty. -°a 38.40.050 Discharge from employment - Penalty. Q 38.40.110 Employment or membership in other organizations - Discrimination prohibited - Penalty - Civil cause of action. c0 38.40.120 Authorized military organizations. 38.42.050 Protection of service members and their dependents against default judgments. 38.42.150 Civil investigative demands - Standards - Limitations - Y Enforcement. 38.52.150 Orders, rules, regulations - Enforcement - Availability - - Penalty. 0 SECTION 7. - Amendment - Section 9.02.520. Section 9.02.520 of U Fa the Kent City Code, entitled "RCW Title 69, entitled 'Food, Drugs, Cosmetics, S L and Poisons' - Adoption by reference.," is amended as follows: N O O Sec. 9.02.520. RCW Title 69, entitled "Food, Drugs, Cosmetics, and Poisons" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, U, are hereby adopted by reference and shall be given the same force and a� effect as if set forth herein in full: F a RCW E 69.04.040 Prohibited acts. 0` 69.04.060 Criminal penalty for violations. r 69.04.070 Additional penalty. 69.04.933 Food fish and shellfish labeling - Identification of species - Exceptions - Penalty. U 69.04.934 Salmon labeling - Identification as farm-raised or commercially caught - Exceptions - Penalty. U 69.04.938 Misbranding of food fish or shellfish - Penalties. 0 69.06.060 Penalty. W 69.07.150 Violations - Penalties. a 69.22.090 Penalties. as 69.25.150 Penalties - Liability of employer - Defense. c 69.28.185 Penalty. U 69.30.140 Penalties. 69.36.060 Penalty. F L 69.38.040 Inspection of poison register - Penalty for failure to maintain L) register. 69.38.050 False representation - Penalty. E U 0 19 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 150 8.D.a 69.38.060 Manufacturers and sellers of poisons - License required - , Penalty. 0 69.40.055 Selling repackaged poison without labeling - Penalty. Q 69.41.010 Definitions. a� 69.41.030 Sale, delivery, or possession of legend drug without 0 prescription or order prohibited - Exceptions - Penalty. 69.41.050 Labeling requirements - Penalty. L) 69.41.060 Search and seizure. 69.41.072 Violations of Chapter 69.50 RCW not to be charged under Y Chapter 69.41 RCW - Exception. 69.41.170 Coercion of pharmacist prohibited - Penalty. - 69.41.320 Practitioners - Restricted use - Medical records. 69.41.350 Penalties. 0 69.43.010 Report to pharmacy quality assurance commission - List of U substances - Modification of list - Identification of purchasers = - Report of transactions - Penalties. E •L 69.43.020 Receipt of substance from source outside state - Report - Penalty. o 69.43.030 Exemptions. L 69.43.035 Suspicious transactions - Report - Penalty. 69.43.040 Reporting form. 69.43.043 Recordkeeping requirements - Penalty. U 69.43.048 Reporting and recordkeeping requirements - Submission of computer readable data, copies of federal reports. 69.43.080 False statement in report or record - Class C felony. E 69.43.090 Permit to sell, transfer, furnish, or receive substance - Q Exemptions - Application for permit - Fee - Renewal - Penalty. c 69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine - Sales restrictions - Record of transaction - Exceptions - Penalty. 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine - Sales restrictions - Electronic sales tracking system - Penalty. 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine - Possession of more than fifteen grams - Penalty - Exceptions. 69.43.130 Exemptions - Pediatric products - Products exempted by the pharmacy quality assurance commission. 69.43.135 Iodine, methylsulfonylmethane - Sales restrictions - Recording o of transactions - Penalties. a� 69.50.101 Definitions. 69.50.102 Drug paraphernalia - Definitions. D 69.50.202 Nomenclature. 69.50.204 Schedule I. ° U 69.50.206 Schedule II. Fa 69.50.208 Schedule III. E 69.50.210 Schedule IV. 69.50.212 Schedule V. 69.50.315 Medical assistance - Drug-related overdose - Prosecution for possession. U 20 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 151 8.D.a 69.50.401 Prohibited acts: A - Penalties. , 69.50.4011 Counterfeit substances - Penalties. 0 69.50.4012 Delivery of substance in lieu of controlled substance - Penalty. Q 69.50.4013 Possession of controlled substance - Penalty - Possession of useable marijuana, marijuana concentrates, or marijuana- c0 infused products. ,, 69.50.4014 Possession of forty grams or less of marijuana - Penalty. 69.50.4015 Involving a person under eighteen in unlawful controlled substance transaction - Penalty. Y 69.50.4016 Provisions not applicable to offenses under RCW 69.50.410. 69.50.402 Prohibited acts: B - Penalties. - 69.50.403 Prohibited acts: C - Penalties. 69.50.404 Penalties under other laws. 0 69.50.405 Bar to prosecution. U 69.50.407 Conspiracy. _ 69.50.408 Second or subsequent offenses. E L 69.50.410 Prohibited acts: D - Penalties. 69.50.412 Prohibited acts: E - Penalties. o 69.50.4121 Drug paraphernalia - Selling or giving - Penalty. L 69.50.416 Counterfeit substances prohibited - Penalties. 69.50.435 Violations committed in or on certain public places or facilities - Additional penalty - Defenses - Construction - Definitions. U 69.50.445 Opening package of or consuming marijuana, useable marijuana, marijuana-infused products, or marijuana concentrates in view of general public or public place - Penalty. E 69.50.450 Butane or other explosive gases. Q 69.50.465 Conducting or maintaining marijuana club - Penalty. c 69.50.475 Marijuana retail outlets—Sale to persons under the age ofcc twenty-one—Penalt ram. 69.50.505 Seizure and forfeiture. 69.50.506 Burden of proof; liabilities. 69.50.509 Search and seizure of controlled substances. N 69.50.510 Search and seizure at rental premises - Notification of landlord. 69.50.560 Controlled purchase programs - Persons under age twenty-one - Violation - Criminal penalty - Exceptions. 69.51A.005 Purpose and intent. o 69.51A.010 Definitions. a� 69.51A.030 Acts not constituting crimes or unprofessional conduct - Health care professionals not subject to penalties or liabilities. D 69.51A.040 Compliance with chapter - Qualifying patients and designated providers not subject to penalties - Law enforcement not subject to liability. 69.51A.043 Failure to register - Affirmative defense. 69.51A.045 Possession of plants, marijuana concentrates, useable marijuana, or marijuana-infused products exceeding lawful amount - Affirmative defense. a 69.51A.050 Medical marijuana, lawful possession - State not liable. U 21 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 152 8.D.a 69.51A.055 Limitations of chapter - Persons under supervision. a 69.51A.060 Crimes - Limitations of chapter. -°a 69.51A.085 Collective gardens. Q 69.51A.130 State and municipalities - Not subject to liability. a� 69.51A.210 Qualifying patients or designated providers - Authorization - 0 Health care professional may include recommendations on amount of marijuana. 69.51A.240 Unlawful actions - Criminal penalty. 69.51A.260 Housing unit - No more than fifteen plants may be grown or Y located - Exception - Civil penalties. 69.52.010 Legislative findings. - 69.52.020 Definitions. 69.52.030 Violations - Exceptions. 0 69.52.040 Seizure of contraband. U 69.52.045 Seizure at rental premises - Notification of landlord. _ 69.52.070 Violations - Juvenile driving privileges. E L 69.53.010 Unlawful use of building for drug purposes - Liability of owner or manager - Penalty. o 69.53.020 Unlawful fortification of building for drug purposes - Penalty. L 69.53.030 Unlawful use of fortified building - Penalty. 69.55.010 Theft of ammonia. CU 69.55.020 Unlawful storage of ammonia. U 69.55.030 Damages - Liability. 69.75.010 Definitions. 69.75.020 Retail sales - Proof of age from purchaser - Unlawful acts, E exceptions - Penalties. Q 69.75.040 Construction of chapter. c 69.75.050 Preemption. 69.90.010 Definitions. 69.90.020 Sale of "kosher" and "kosher style" food products prohibited if not kosher - Representations - Penalty. N SECTION 8. - Amendment - Section 9.02.530. Section 9.02.530 of the Kent City Code, entitled "RCW Title 70, entitled 'Public Health and Safety' - Adoption by reference," is amended as follows: o 0 .W Sec. 9.02.530. RCW Title 70, entitled "'Public Health and �. D Safety" - Adoption by reference. The following RCW sections, as 0 currently enacted or as hereafter amended or recodified from time to time, 0 Fa are hereby adopted by reference and shall be given the same force and E L effect as if set forth herein in full: L) c as E M U r r 22 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 153 8.D.a RC W , a 70.02.330 Obtaining confidential records under false pretenses - Penalty. Q 70.05.120 Violations - Remedies - Penalties. 70.24.022 Interviews, examination, counseling, or treatment of infected o persons or persons believed to be infected - Dissemination of L) false information - Penalty. 70.24.025 Violations of health order—Penalties. 70.24.027 Intentional transmission of HIV—Penalties. Y 70.24.080 Penalty. 70.28.033 Treatment, isolation, or examination order of health officer - Violation - Penalty. 0 70.41.170 Operating or maintaining unlicensed hospital or unapproved a tertiary health service - Penalty. L) 70.42.180 Operating without a license - Injunctions or other remedies - Penalty. 70.54.010 Polluting water supply - Penalty. 70.54.020 Furnishing impure water - Penalty. N 70.54.030 Pollution of watershed of city in adjoining state - Penalty. 70.54.050 Exposing contagious disease - Penalty. 70.54.065 Ambulances and drivers - Penalty. 70.54.070 Door of public buildings to swing outward - Penalty. 70.54.080 Liability of person handling steamboat or steam boiler. 70.54.090 Attachment of objects to utility poles - Penalty. 70.54.160 Public restrooms - Pay facilities - Penalty. 70.54.350 Electrology and tattooing - Practitioners to comply with rules - E Penalty. 70.54.400 Retail restroom access - Customers with medical conditions - Penalty. 70.58.280 Penalty. 0` 70.58A.590 Penalties. r 70.62.280 Violations - Penalty. 70.74.010 Definitions. 70.74.022 License required to manufacture, purchase, sell, use, possess, transport, or store explosives - Penalty - Surrender of explosives by unlicensed person - Other relief. 70.74.160 Unlawful access to explosives. 0 70.74.272 Malicious placement of an imitation device - Penalties. W 70.74.275 Intimidation or harassment with an explosive - Class C felony. a 70.74.295 Abandonment of explosives. 70.74.300 Explosive containers to be marked - Penalty. 0 70.74.310 Gas bombs, explosives, stink bombs, etc. 0 70.74.400 Seizure and forfeiture. 70.75.040 Sale of nonstandard equipment as misdemeanor - Exceptions. E L 70.84.010 Declaration - Policy. 70.84.060 Unauthorized use of white cane, dog guide, or service animal. 70.84.070 Penalty for violations. E U 23 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 154 8.D.a 70.85.010 Definitions. , 70.85.020 Refusal to yield line - Penalty. 0 70.85.030 Request for line on pretext of emergency - Penalty. Q 70.86.040 Penalty. a� 70.87.145 Order to discontinue operation - Notice - Conditions - Contents 0 of order - Recision of order - Violation - Penalty - Random inspections. L) 70.87.180 Violations. 70.90.205 Criminal penalties. Y 70.94.430 Penalties. 70.95.240 Unlawful to dump or deposit solid waste without permit - - Penalties - Litter cleanup restitution payment. 70.95.515 Fee on the retail sale of new replacement vehicle tires - Failure 0 to collect, pay to department - Penalties. L) 70.95.560 Waste tires - Violation of RCW 70.95.555 - Penalty. _ 70.95B.140 Penalties for violations - Injunctions. E L 70.95D.100 Penalties. 70.95I.040 Oil sellers - Education responsibility - Penalty. o 70.95I.060 Disposal of used oil - Penalty. L 70.951.060 Violations - Punishment. 70.97.140 Unlicensed operation - Criminal penalty. 70.99.050 Violations—Penalties—Injunctions—Jurisdiction and venue— U Fees and costs. 70.107.070 Rules relating to motor vehicles - Violations - Penalty. E 70.108.130 Penalty. a a� 70.108.150 Firearms - Penalty. c 70.110.040 Compliance required. 70.111.030 Unsafe cribs - Prohibition - Definition - Penalty. 70.119.130 Violations - Penalties. 70.122.090 Criminal conduct - Penalties. 70.124.070 Failure to report is gross misdemeanor. 70.127.020 Licenses required after July 1, 1990 - Penalties. 70.128.055 Operating without a license - Misdemeanor. 70.138.070 Criminal penalties. 70.148.060 Disclosure of reports or information - Penalty. o 70.155.050 Sampling prohibited - Penalty. 70.155.080 Purchasing, possessing by persons under eighteen - Civil CL infraction -Jurisdiction. D 70.155.140 Shipping or transporting tobacco products ordered or purchased by mail or through the internet prohibited - Penalty. 0 70.158.060 Penalties - Application of consumer protection act. 70.170.070 Penalties. 70.175.090 Participants authorized to contract - Penalty - Secretary and state exempt from liability. 70.185.080 Participants authorized to contract - Penalty - Secretary and state exempt from liability. U 24 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 155 8.D.a 70.230.070 Denial, suspension, or revocation of license - Investigating a complaints - Penalties. 0 70.345.030 License required—Must allow inspections—Sale of certain a substances prohibited—Penalties. a� 70.345.090 Mail and internet sales—License required—Age and identity 0 verification—Penalties—Enforcement—Application of consumer protection act—Rules. 70.345.100 Product tastings—Requirements—Penalty, Y d SECTION 9.- Adoption - Section 9.02.605. A new Section 9.02.605 0 of the Kent City Code, entitled "RCW Title 82, entitled Excise Tax' - Adoption by reference," is adopted as follows: U c Sec. 9.02.605. RCW Title 82, entitled "Excise Tax" - Adoption E L U by reference. The following RCW sections, as currently enacted or as N 0 hereafter amended or recodified from time to time, are hereby adopted by L reference and shall be given the same force and effect as if set forth herein in full: U a� c RCW E 82.12.040 Retailers to collect tax—Penalty. Q 82.26.190 Distributors and retailers—Valid license required—Violations— Penalties. E L SECTION 10. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such LO N_ decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. L O SECTION 11. - Corrections by City Clerk or Code Reviser. Upon w approval of the city attorney, the city clerk and the code reviser are a authorized to make necessary corrections to this ordinance, including the 0 correction of clerical errors; ordinance, section, or subsection numbering; or U Fa references to other local, state, or federal laws, codes, rules, or regulations. E L U c d E t v r r 25 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 156 8.D.a SECTION 12. - Effective Date. This ordinance shall take effect and 0 be in force 30 days from and after its passage. Q a� 0 U U February 2, 2021 DANA RALPH, MAYOR Date Approved Y a� 4- 0 ATTEST: 0 U February 2, 2021 = KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted E L U February 5, 2021 N Date Published L Q R APPROVED AS TO FORM: U a� c c a� E ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY a as U c c L O r N d V C C L O Q D 0 U c E L U c m E t v cv r r 26 Criminal Code Amendments- Q 2019 and 2020 State Legislative Sessions Packet Pg. 157 8.E KENT DATE: February 2, 2021 TO: Kent City Council SUBJECT: WSDOT Local Bridge Program Grant - Authorize MOTION: Authorize Public Works staff to seek Federal grant preservation funding through WSDOT's Local Bridge Program for the Meeker Street and South 212th Street bridges crossing over the Green River. SUMMARY: WSDOT is anticipating $85M of federal grant funding for its Local Bridge Program. The purpose of the program is to improve the condition of bridges through replacement, rehabilitation, and/or preventative maintenance; and to incentivize agencies to use asset management strategies along with cost-effective solutions that maximize the life expectancy of structures. City staff recommend pursuing grants to extend the service life of two bridges crossing the Green River; Meeker Street and South 212t" Street. Grant applications are due February 19, 2021. WSDOT anticipates announcing grant awards by September 2021. Meeker Street Bridge: This bridge has severe paint scaling and exposed bridge deck reinforcing and requires replacement of the expansion joints and repairs to the bearing pads. South 212t" Street Bridge: Due to the severity of the spalling on the bridge deck, the City performed a polyester concrete deck overlay in 2019. This bridge requires replacement of the expansion joints. A maximum of $3 million could be awarded to a selected project. Design and Right- of-Way funding require a 13.5% match. Projects obligated for construction by December 2024 qualify for full construction funding. However, after December of 2024, a 13.5% local match for construction will be required. Although Council approval is not required to apply for grants, given the potential match amount the grant would require, City staff wanted to make Council aware in advance of that match commitment if award were to occur. Benefits to the City: Protects the environment by preventing flaking paint from falling into the Green River Preserves and protects the structural elements, reducing the need for Packet Pg. 158 8.E emergency maintenance closures Creates a smoother ride for traveler BUDGET IMPACT: Grant funds would cover up to $3 million for the Meeker Street Bridge Preservation, remaining funds would need to come from the B&O Tax. A final cost estimate for this work would be completed following grant award and design of the project. Staff anticipates that $300,000 will cover the cost of the South 212' Street Bridge Preservation project. Matching funds would come from the B&O Tax. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 01/26/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/2/2021 7:00 PM Packet Pg. 159 8.F • KENT W A S M I N G T O N DATE: February 2, 2021 TO: Kent City Council SUBJECT: Ordinance Granting a Franchise to Soos Creek Water & Sewer District - Adopt MOTION: Adopt Ordinance No. 4388, granting a non-exclusive 10-year franchise to construct, maintain, operate, replace and repair a water and sewer system within public rights-of-way of the City of Kent. SUMMARY: The Soos Creek Water & Sewer District is a special purpose district that provides water and sewer service to Kent residents in the Panther Lake area and portions of the East Hill. Staff has worked with the district for several months to negotiate a franchise agreement that authorizes the district to construct and maintain infrastructure in city rights of way. The draft franchise is based on the city's franchises with the Lake Meridian Water District, Highline Water District, and Midway Sewer District. It requires the district to pay a 6% franchise fee to the city in lieu of utility tax, provides for planning coordination, requires a city contribution to water/sewer infrastructure relocation costs when the city requires a district to relocate infrastructure that is 10 years old or less, and establishes a permit performance standard. Additionally, the district agrees to allow the city to provide sewer service to the city's Kent East Hill Operations Center property even though the property lies within the district's exclusive retail service area. The term is 10 years with automatic renewal unless terminated by either party. State law requires franchises to be introduced and adopted at separate city council meetings. This franchise is being introduced to the City Council on January 19, 2021 and will be adopted during the February 2, 2021 City Council meeting. BUDGET IMPACT: Annual revenue of approximately $421,000. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 160 8.F ATTACHMENTS: 1. Kent- Soos Creek Franchise (PDF) 01/12/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/19/2021 7:00 PM 01/19/21 City Council Meeting RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/2/2021 7:00 PM MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud Packet Pg. 161 8.F.a V L N L ORDINANCE NO. 4388 3 as U) Ca L AN ORDINANCE of the City Council of the City of Kent, Washington, granting Soos Creek Water and Sewer District a non-exclusive 10-year U franchise to construct, maintain, operate, replace o and repair a water and sewer system within public (nn rights-of-way of the City of Kent, imposing a franchise fee in the amount of six percent on the n District's revenues and setting forth other provisions concerning the relocation of District facilities to i accommodate projects caused by the City and other projects. c /L^ V RECITALS c A. Soos Creek Water and Sewer District, a Washington special o purpose municipal corporation ("District"), owns and operates water and c LO LO sanitary sewer facilities ('Facilities") and provides retail utility water service N and sewer collection service to customers located within the District's N corporate and approved retail water utility service area and sewer service L boundaries; a portion of the District's Facilities are located in the City of U_ a� Kent, a Washington non-charter municipal code city ("City"), within the City's right-of-way as hereinafter defined; and c Cn B. The City also owns and operates a water utility and sewer Y system and provides retail water utility and sewer services to customers a� located with the City's corporate and approved retail water and sewer utility E service area boundaries. `° a 1 Franchise - Soos Creek Water and Sewer District Packet Pg. 162 8.F.a C. Portions of the District's and the City's corporate and retail water utility service area and sewer service boundaries are adjacent. r D. RCW 57.08.005 (3) authorizes the District to conduct water and r sanitary sewer collection throughout the District and any city and town L therein, and construct and lay facilities along and upon public highways, roads and streets within and without the District; and 06 L E. RCW 35A.47.040 authorizes the City to grant non-exclusive aD franchises for the use of the public streets above or below the surface of the ground by publicly owned and operated water and sewer facilities; and 0 0 Cn 0 F. The City and the District have prepared a Franchise Agreement ("Franchise" or"Agreement") to provide for the operation of District Facilities � c within the City right-of-way, to impose a franchise fee of six percent on �i District revenues and to govern the relocation of District Facilities; _ w c cu NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, c, aD WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 0 c ORDINANCE o 0 SECTION 1. - Definitions. Where used in this Franchise these terms n N have the following meanings: y c A. "City" means the City of Kent, a Washington municipal corporation, Y and its respective successors and assigns. L U 0 B. "District" means Soos Creek Water and Sewer District, a Washington N r municipal corporation, and its respective successors and assigns. Y r a� C. "Facilities" means both Sewer and Water Facilities as defined within E this Section 1. r Q 2 Franchise - Soos Creek Water and Sewer District Packet Pg. 163 8.F.a D. "Franchise Area" means every and all of the public roads, streets, avenues, alleys, highways and rights-of-way of the City as now or hereafter laid out, platted, dedicated or improved in the District's service area within L the present corporate boundaries of the City, and as such corporate 0 boundaries may be extended within the District's service area by annexation 3 or otherwise; provided, however, "Franchise Area" for purposes of this in Ordinance shall not include the locations of Facilities existing under benefit Ca of easement or other right. a� a� L E. "Ordinance" means this Ordinance No. 4388, which sets forth the N 0 terms and conditions of this Franchise. con 0 r a� N F. "Party" or "Parties" means the City or the District individually, or c collectively as addressed in this Franchise. 0 a� c G. "Revenue" means income received by the District from the sale of L metered water to direct retail customers whose connections to the District's water system are located within the City. It also includes income received by the District from the provision of sewer collection service to direct retail 0 customers whose connections to the District's sewer system are located o Ln LO within the City. Revenue shall not include: King County Wastewater N Treatment Division charges; late fees; shut-off and reconnect fees; N delinquent service charge collection costs and expenses; surcharges; impact L or mitigation fees; permit fees and costs; any type of connection charges, Y a� general facilities charges, or local facilities charges; local improvement district and utility local improvement district assessments and payments; c grants; contributed assets (contributions in aid of construction); loans; income from legal settlements not related to water or sewer collection Y service sales to District customers; income from telecommunication leases E or licenses; income from real property or from real property sales; income 0 from the sale of surplus equipment, tools or vehicles; interest income; Q 3 Franchise - Soos Creek Water and Sewer District Packet Pg. 164 8.F.a penalties; hydraulic modeling fees; water or sewer service availability document fees and charges; water system or sewer system extension agreement fees and charges; income from street lights; labor, equipment L and materials charges and the Franchise Fee. 0 L 3 H. "Sewer Facility" or "Sewer Facilities" means manholes, pipes, mains, in laterals, forcemains, valves, vaults, risers, generators, electrical control Ca panels, power meters, telephone connections, lift stations, lines and all other necessary or convenient facilities and appurtenances thereto for the purpose L of operating a wastewater utility system, whether the same be located at N 0 the surface or underground. con 0 r a� N I. "Water Facility" or "Water Facilities" means tanks, reservoirs, water � c treatment facilities, meters, pipes, mains, services, valves, blow offs, vaults, 0 fire suppression water facilities, risers, generators, electrical control panels, power meters, telephone connections, pressure reducing valves ("PRVs"), L pump stations, meter stations, interties, lines, and all other necessary or convenient facilities and appurtenances thereto for the purpose of operating a water utility system, whether the same be located over or under ground. 0 0 LO LO SECTION 2, - Franchise. N a� A. The City does hereby grant to the District the right, privilege, L authority and franchise to construct, install, lay, support, attach, maintain, Y a� repair, renew, replace, remove, enlarge, operate and use Facilities in, upon, over, under, along, through and across open city rights-of-way within the c Franchise Area for purposes of its water utility and sewer facility functions as defined in Title 57 RCW beginning on the Effective Date of this Franchise; provided the City's grant of the right to use the Franchise Area to the District E as provided herein for its Facilities shall not be construed to require the 0 District to provide such Facilities to the City. Q 4 Franchise - Soos Creek Water and Sewer District Packet Pg. 165 8.F.a B. Nothing contained in this Ordinance is to be construed as granting permission to the District to go upon any other public place other than those .L types of public places specifically designated as the Franchise Area in this 0 Ordinance. Permission to go upon any other property owned or controlled 3 by the City must be sought on a case-by-case basis from the City. cn 06 L C. In addition to the rights granted to the District to undertake and perform activities within the Franchise Area as provided herein, the District L shall have the right to discharge District water supply to and into the City's N 0 storm water system while performing water system flushing and other con 0 District activities, provided any District water to be discharged to the City's storm water system must comply with applicable federal and state water c quality standards and the City's NPDES permit relating to the City's storm ci water system. _ w c cu L D. At all times during the term of this Franchise, the District shall fully comply with all applicable federal, state, and local laws and regulations. L O SECTION 3. - Non-interference of Facilities. c LO LO N A. Survey monuments shall not be removed or destroyed without the y District first obtaining the required Department of Natural Resources (DNR) L permit in accordance with RCW 58.09.130 and WAC 332-120-030, and as Y a� such statute and regulation may be modified and amended. All survey monuments which have been distributed or displaced by such work shall be c restored pursuant to all federal, state and local standards and specifications. r The District agrees to promptly complete all restoration work and to Y r promptly repair any damage caused by such work at its sole expense. E w r Q 5 Franchise - Soos Creek Water and Sewer District Packet Pg. 166 8.F.a B. If it is determined that the District has failed to restore the right-of- way in accordance with this Section, the City shall provide the District with written notice, which shall include a description of actions the City believes L necessary to restore the right-of-way. If the right-of-way is not restored in 0 accordance with the City's notice within the later of thirty (30) days of that 3 notice; or such longer period as may be necessary to comply with applicable co Ca statutory bid laws; or such longer period as may be specified in the notice; the City, or its authorized agent, may restore the right-of-way and the District shall be responsible for all reasonable costs and expenses incurred L by the City in restoring the right-of-way in accordance with this Section. The N 0 rights granted to the City under this Section shall be in addition to those con 0 otherwise provided by this Franchise. N t V C SECTION 4. - Relocation of Facilities. Li 0 a� c A. Subject to each Party's prior and consistent compliance with the L Section 6 Planning Coordination requirements below, whenever the City causes the grading or widening of the Franchise Area or undertakes construction of storm drainage lines, lighting, signalization, sidewalk 0 improvement, pedestrian amenities, or other public street improvements o LO LO (for purposes other than those described in Section 4(D) below) and such N project requires the relocation of the District's then existing Facilities within N the Franchise Area, the following shall take place: L U- (1) Pursuant to RCW 35.21.905, or as amended, the City shall consult with the District in the predesign phase of any such project. The City c Cn and the District agree that cost to taxpayers and ratepayers will be a significant consideration in consultations regarding design of any such Y r project. E 0 a 6 Franchise - Soos Creek Water and Sewer District Packet Pg. 167 8.F.a (2) After receipt of written notice from the City, the District shall design and relocate such Facilities within the Franchise Area within ninety (90) days for a smaller project and two hundred forty (240) days for a larger L project to accommodate the City project, unless the Parties agree on a 0 different time; in any event, the City and the District will, in good faith, use 3 their best efforts to coordinate their project schedules to avoid delay to the CO City's project. A smaller project for Water Facilities includes but is not Ca limited to adjusting at minimal time and cost, a water service line or a meter to a new grade or location, adjustment of a valve box, relocation or L extension of a fire hydrant, or relocation of an air vac assembly or blow off. N 0 A smaller project for Sewer Facilities includes but is not limited to adjusting con 0 at minimal time and cost, a sewer service line or a manhole frame and cover N to a new grade or location, adjustment of a valve box, or relocation of an air c vac assembly. Notwithstanding the above, the District may, at any time 0 within thirty (30) calendar days after receipt of written notice requesting the relocation of its Facilities, submit to the City written alternatives to such L relocations. The City shall within a reasonable time evaluate such alternatives and advise the District in writing whether one or more of the alternatives is suitable to accommodate work that would otherwise 0 necessitate relocation of the Facilities. If so requested by the City, the o LO LO District shall submit such additional information as is necessary to assist the N City in making such evaluation. The City shall give each alternative full and N fair consideration. If the City reasonably determines there is no other L reasonable or feasible alternative, the City shall provide the District with Y a� further written notice to that effect. In that event, the City shall provide the District with conceptual plans and specifications for the City project and the c Cn District shall then relocate its Facilities by the date so established. a� Y r (3) The City shall coordinate and work with the District to minimize E conflicts between existing Facilities and the public improvements where 0 a 7 Franchise - Soos Creek Water and Sewer District Packet Pg. 168 8.F.a possible, and to avoid having the District relocate its Facilities whenever possible. V L B. If a City project causes the relocation of District Facilities, the cost of 0 relocating such Facilities existing within the Franchise Area shall be paid as 3 follows: in Ca L (1) If the relocation occurs within ten (10) years after the District or a third party on the District's behalf initially constructed such Facility, L then the City shall pay fifty percent (50%) of the cost of such relocation and N 0 the District shall pay the remaining fifty percent (50%); con 0 r a� N (2) If the relocation occurs more than ten (10) years after the c District or a third party on the District's behalf initially constructed such 0 Facility, then the relocation shall be at the District's sole cost. c 0 L C. Whenever any person or entity, other than the City, requires the relocation of District Facilities to accommodate the work of such person or entity within the Franchise Area, or whenever the City requires the relocation o of District Facilities within the Franchise Area for the benefit of any person o LO LO or entity other than the City or the Washington State Department of N Transportation, then the District shall have the right as a pre-condition of N such relocation to require such person or entity to: L U_ (1) Make payment to the District at a time and upon terms acceptable to the District for any and all costs and expense incurred by the c U) District in the relocation of District Facilities; and a� Y r (2) Protect, defend, indemnify and hold the District harmless from E any and all claims and demands made against it on account of injury or 0 damage to the person or property of another arising out of or in conjunction Q 8 Franchise - Soos Creek Water and Sewer District Packet Pg. 169 8.F.a with the relocation of District Facilities, to the extent such injury or damage is caused by the negligence or willful misconduct of the person or entity requesting the relocation of District Facilities or other negligence or willful L misconduct of the agents, servants or employees of the person or entity 0 requesting the relocation of District Facilities. 3 m U) Ca D. This Section 4 shall govern all relocations of District Facilities required in accordance with this Franchise. Any cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement L or other right not in the Franchise Area shall be borne by the City, provided N 0 the City obtains the District's prior consent to such location or relocation. con 0 r a� N E. For the purpose of this Section 4, a project or improvement is c considered to be caused by the City (as described in Section 4(A) above) if 0 it is permitted by the City and both of the following conditions exist: c 0 L (1) The City is the lead agency for the project or improvement; and c (2) Developer assessments, impact fees, contributions in aid of 0 construction, and contributions in lieu of construction make up a minority of o LO the overall costs of the improvement or project. N a� F. If a City project requires the relocation of then existing Facilities L within the Franchise Area as provided in this Section 4, the District and the Y a� City may agree to include the relocation of any Facilities as part of the City's public works project under terms and conditions agreed between the City c and the District. a� Y r c m E t r a 9 Franchise - Soos Creek Water and Sewer District Packet Pg. 170 8.F.a SECTION 5. - Right-of-Way Management. A. Excavation. Whenever the District excavates in any right-of-way for L the purpose of installation, construction, operation, maintenance, repair or 0 relocation of its Facilities, it shall apply to the City for a permit to do so in 3 accordance with the ordinances and regulations of the City requiring permits in Ca to operate in City right-of-way. No District work shall commence within any City right-of-way without a permit, except as otherwise provided in this Franchise and applicable City Ordinance. L U U) 0 B. Restoration after Construction. The District shall, after any con 0 installation, construction, relocation, operation, maintenance or repair of N Facilities within the Franchise Area, restore the right-of-way as nearly as c reasonably possible to its condition prior to any such work. The District agrees to promptly complete all restoration work and to promptly repair any damage to the right-of-way caused by such work at its sole cost and L expense. If it is determined the District has failed to restore the right-of- way in accordance with the requirement of permits procured for such work, the City shall provide the District with written notice including a description o of the actions the City believes necessary to restore the right-of-way. o LO LO N C. Bonding Requirement. The District, as a public agency, shall not be N required to comply with the City's standard bonding requirement for working L in the City's right-of-way. Y a� L U D. Emergency Work, Permit Waiver. In the event of an emergency c where any District Facilities located in the right-of-way are broken or z damaged, or if the District's construction area for the District Facilities is in a condition as to place health or safety of any person or property in imminent E danger, the District shall immediately take any necessary emergency measures to repair, replace or remove its Facilities without first applying for Q 10 Franchise - Soos Creek Water and Sewer District Packet Pg. 171 8.F.a and obtaining a permit as required by this Franchise; provided the District shall notify the City as soon as reasonably possible relative to such emergency activity and shall immediately obtain a permit for such activity if L required by this Franchise or City ordinance. 0 L 3 E. Minor Maintenance Work. The District shall be authorized to perform in minor maintenance activities without a City permit of any kind. The District Ca shall only conduct minor maintenance activities between the hours of 9:00 A.M. and 3:00 P.M. to avoid unreasonably impeding traffic flows on the L following portions of these streets: N 0 0 Cn 0 - 108t" Ave SE - entire length N - 116t" Ave SE - entire length c - 152nd Ave SE - south city limits to Kent-Kangley U- SE 208t" St - entire length - SE 218t" St/98t" Ave S/SE 216t" St - entire length L - SE 240t" St - entire length SE 256t" St - entire length - Kent-Kangley Rd (SR 516) - entire length 0 0 Ln LO All other activities will require a permit in accordance with City ordinances. N Minor maintenance activities for which a permit is not required include the N following: L - Cleaning sewer lines Y a� - Water main flushing - Leak testing c Cn - Locating and marking District Facilities - Manhole inspections - Sewer main television inspections E - Activities where traffic control is not needed and where 0 no excavation is needed Q 11 Franchise - Soos Creek Water and Sewer District Packet Pg. 172 8.F.a Even if a permit is not required, the District shall conform to the traffic control standards established in the latest Manual on Uniform Traffic Control L Devices (MUTCD) and Chapter 468-95 of the Washington Administrative n 0 Code (WAC) when performing any minor maintenance activities. 3 m U) Ca F. City Work Zones. The District shall not be required to obtain a City right-of-way permit to undertake utility work to accommodate a City- initiated project when the City and the District are jointly undertaking a L project in the Franchise Area and the District work is located within the City o "work zone" for which the City has already approved a traffic control, con 0 pedestrian safety or other applicable plans. y c G. Complete Right-of-Way Permit Applications. If the District is required �i M to obtain any permit from the City to undertake utility work in the Right-of- Way in the Franchise Area, the City shall provide written review comments L within twenty-one (21) calendar days of receiving a complete application for such permit. If the permit application requires resubmittal by the District, the City shall complete all subsequent reviews within fourteen (14) days of o the receipt of such submittal. To be considered complete for purposes of o LO this Section, the application must show existing utilities, hard surfaces and N a� proposed restoration. N c L H. City Invoices. The City shall invoice the District for all City fees and Y a� charges relating to the issuance of any City permits to the District, such as a City right-of-way permit or franchise street use permit, to undertake utility c Cn work in the Franchise Area, including inspection fees and charges, on a monthly basis, and the City's final fees and charges within sixty (60) Y calendar days of the completion of any District work in City right-of-way subject to a City permit, and the City's final acceptance of any such District work. The District shall pay all such City fees and charges within thirty (30) a 12 Franchise - Soos Creek Water and Sewer District Packet Pg. 173 8.F.a calendar days of receipt of the City's invoice for such fees and charges, except for any disputed fees and charges. V L SECTION 6. - Plannina Coordination. v, o L 3 A. The Parties agree to participate in the development of, and reasonable in Ca updates to, the other Party's planning documents to the extent they apply a� to the District's service area within the City limits as follows: as as L (1) Each Party will participate in a cooperative effort to develop N 0 their respective Comprehensive Plan Utilities Elements that meet the con 0 requirements described in RCW 36.70A.070 (4). N t V C (2) Each Party will participate in a cooperative effort with the other 0 Party to ensure that the Utilities Elements of their Comprehensive Plans are accurate as they relate to their operations and are updated to ensure L continued relevance at reasonable intervals. a� c (3) Each Party shall submit information related to the general 0 location, proposed location, and capacity of all existing and proposed o LO LO Facilities as requested by the other Party within a reasonable time, not N exceeding sixty (60) days from receipt of a written request for such N information, provided that such information is in the non-requesting Party's L possession, or can be reasonably developed from the information in the non- Y a� requesting Party's possession. 0 0 (4) Each Party will provide information relevant to their operations within a reasonable period of written request to assist the other Party in the Y development or update of their respective Comprehensive Plan(s), provided E that such information is in the non-requesting Party's possession, or can be 0 a 13 Franchise - Soos Creek Water and Sewer District Packet Pg. 174 8.F.a reasonably developed from the information in the non-requesting Party's possession. V L B. The District and the City shall each assign a representative whose 0 responsibility shall be to coordinate planning for capital improvement plan 3 projects including those that involve undergrounding. At a minimum, such in Ca coordination shall include: (1) For the purpose of planning, the District and the City shall L provide each other with a copy of their respective current adopted Capital N 0 Improvement Plan annually and upon request by the other Party. con 0 r a� N (2) By February 1st of each year ,the District shall provide the City c with a schedule of the District's planned capital improvements which may 0 affect the rights-of-way for that year. c ca L (3) By February 1st of each year, the City shall provide the District with a schedule of the City's planned capital improvements which may affect the rights-of-way for that year including but not limited to street overlays o and repairs, storm drainage improvements and construction, and all other o LO LO rights-of-way activities that could affect District capital improvements and N infrastructure. c 0 L (4) The District shall meet with the City, and other franchisees and Y a� users of the right-of-way, as necessary, to schedule and coordinate construction activities. c Cn (5) All construction locations, activities, and schedules should be Y r coordinated to minimize public inconvenience, disruption or damages. E 0 a 14 Franchise - Soos Creek Water and Sewer District Packet Pg. 175 8.F.a (6) The City and the District agree to cooperate in the planning and implementation of emergency operations response procedures. V L (7) Without charge to either Party, both Parties agree to provide 0 each other with as-built plans, maps and records in electronic format as 3 available that show the location of its facilities within rights-of-way. in Ca L SECTION 7, - Indemnification. as as L A. The District shall indemnify, defend and hold the City, its agents, N 0 officers, employees, volunteers and assigns harmless from and against any con 0 and all claims, demands, liability, loss, cost, damage or expense of any N nature whatsoever, including all costs and attorney's fees, made against c them on account of injury, sickness, death or damage to persons or property 0 which is caused by or arises out of, in whole or in part, the willful, tortious or negligent acts, failures and/or omissions of the District or its agents, L servants, employees, contractors, subcontractors or assigns in exercising the rights granted to the District in this Franchise; provided, however, such indemnification shall not extend to injury or damage to the extent caused 0 by the negligence or willful misconduct of the City, its agents, officers, o LO LO employees, volunteers or assigns. N a� B. The City shall indemnify, defend and hold the District, its agents, L officers, employees, volunteers and assigns harmless from and against any Y a� and all claims, demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees, made against c M them on account of injury, sickness, death or damage to persons or property z which is caused by or arises out of, in whole or in part, the willful, tortious Y or negligent acts, failures and/or omissions of the City or its agents, E servants, employees, contractors, subcontractors or assigns in exercising 0 the rights granted to the City in this Franchise; provided, however, such Q 15 Franchise - Soos Creek Water and Sewer District Packet Pg. 176 8.F.a indemnification shall not extend to injury or damage to the extent caused by the negligence or willful misconduct of the District, its agents, officers, employees, volunteers or assigns. .L C. In the event any such claim or demand be presented to or filed with 3 the District or the City arising out of or relating to the acts or omissions in cn 06 whole or in part of the other Party, the Party shall promptly notify the other r Party thereof, and the notified Party shall have the right, at its election and Y at its sole cost and expense, to settle and compromise such claim or L demand. 0 0 Cn 0 D. Should a court of competent jurisdiction determine that this Franchise is subject to RCW 4.24.115, then, in the event of liability for damages arising c out of bodily injury to persons or damages to property caused by or resulting �i from the concurrent negligence of the City and the District, their officers, _ employees and agents, the District's liability hereunder shall be only to the cu extent of the District's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the o purposes of this indemnification. c LO LO N SECTION 8. - Default. If the District fails to comply with any of the y provisions of this Franchise, unless otherwise provided for herein, the City L may serve upon the District a written order to so comply within thirty (30) Y d days from the date such order is received by the District. If the District is not in compliance with this Franchise after expiration of this thirty (30) day c period, the City may act to remedy the violation and may charge the costs r and expenses of such action to the District. The City may act without the Y r thirty (30) day notice in case of an emergency. E w r Q 16 Franchise - Soos Creek Water and Sewer District Packet Pg. 177 8.F.a SECTION 9. - Non-exclusive Franchise. This Franchise is not an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other and further franchises over, upon, and along the L Franchise Area, which do not interfere with the District's rights under this v, 0 Franchise. This Franchise shall not prohibit or prevent the City from using 3 the Franchise Area or affect the jurisdiction of the City over the same or any in Ca part thereof. a� SECTION 10. - Franchise Term. This Franchise shall have a term of L ten (10) years from its Effective Date as defined in Section 29; provided, N 0 this Franchise shall be automatically extended for one additional five (5) (nn 0 year period unless either Party at least one hundred eighty (180) days prior N to the termination date of the Franchise provides written notice to the other c Party of its intent to terminate the Franchise at the end of the Franchise 0 term; provided, at the end of the five (5) year term, this Franchise shall be automatically extended for successive one (1) year periods unless either L Party at least one hundred twenty (120) prior to the termination date of any one (1) year extension provides written notice to the other Party of its intent to terminate the Franchise at the end of the then current Franchise term. 0 0 LO LO SECTION 11. - Non-assumption. In consideration of the District's N payment of the Franchise Fee to the City as provided in Section 12, and the N District's acceptance of the other terms and conditions of this Franchise, the L City agrees not to exercise and to forbear its statutory authority pursuant to Y a� Chapter 35.13A RCW or other statutes to attempt to assume jurisdiction over all or part of the District or any District responsibilities, property, c Cn facilities, equipment or utility customers located within or without the City's corporate limits during the term of this Franchise. The City's agreement and Y forbearance includes not facilitating or cooperating with any other city or E town to attempt pursuant to RCW 35.13A.060 or as such statute may be 0 amended or superseded to assume jurisdiction over the District or any Q 17 Franchise - Soos Creek Water and Sewer District Packet Pg. 178 8.F.a District responsibilities, property, facilities, equipment or utility customers located within or without the City's corporate limits during the term of this Franchise. L N SECTION 12. - Franchise Fee. 3 m U) Ca A. In consideration of the rights granted to the District under this Franchise, the District shall pay to the City a franchise fee ("Franchise Fee") � in the amount of six percent (6.0%) of the District's Revenue beginning on L January 1, 2021, subject to the provisions of Section 12(B) herein. N 0 0 Cn 0 B. Franchise Fees shall be paid to the City in bi-monthly installments due N and payable within thirty (30) days following the end of the bi-monthly c period. �i 0 a� c C. Should the District be prevented by judicial or legislative action from L paying any or all of the Franchise Fees, the District shall be excused from paying that portion of the Franchise Fee and this Franchise agreement will immediately terminate, unless the Parties otherwise agree. o 0 uO LO D. In consideration of the District's payment of a Franchise Fee to the N City as provided in this Section 12, and the District's acceptance of the other N terms and conditions of this Franchise, the City agrees not to exercise and L to forbear its legal authority to impose a utility, business and occupation tax, Y a� public utility tax, privilege tax, excise tax or any other tax (collectively, "Excise Tax") upon the District based on the District's revenues, gross c Cn receipts, or gross income during the term of this Franchise. a� Y r E. In consideration of the District's payment of a Franchise Fee to the E City as provided herein, and the District's acceptance of the other terms and 0 conditions of this Franchise, the City agrees not to exercise and to forbear Q 18 Franchise - Soos Creek Water and Sewer District Packet Pg. 179 8.F.a its legal authority to impose compensation or a rental fee (collectively, "Rental Fee") upon the District for the District's use of the Franchise Area as provided for herein. .L F. The District shall have the right to recover the Franchise Fee from the 3 District's ratepayers residing within the City and may identify the Franchise cn 06 Fee as a separate billing item on utility customer billings by using the r following line item: a� a� L "Effect of City of Kent Franchise Fee: $X.xx" N 0 0 Cn 0 G. If at any time during the term of this Franchise, the District includes, or agrees to include, King County Wastewater Division charges in the c calculation of a franchise fee or utility tax owed to any other municipality, �i these charges will immediately be included in the definition of revenue in = Section LD and used to calculate the Franchise Fee. The Parties will execute cu any documents necessary to effectuate this change. c c SECTION 13. - Compliance with Codes and Regulations o Annexations; Service Area Boundary, c LO LO N A. The rights, privileges and authority herein granted are subject to and y governed by this ordinance and other applicable City ordinances and codes, L as they now exist or may hereafter be amended, provided the City shall not Y a� unreasonably affect or modify any portion of this Franchise without the District's written approval. Nothing in this ordinance limits the City's lawful c Cn power to exercise its police power to protect the safety and welfare of the r general public. Any location, relocation, erection or excavation by the Y r District shall be performed by the District in accordance with applicable E federal, state and City rules and regulations, including the City public works w r Q 19 Franchise - Soos Creek Water and Sewer District Packet Pg. 180 8.F.a policies and pre-approved plans, and any required permits, licenses or regulatory fees, and applicable safety standards then in effect. r .L B. If any territory served by the District is annexed to the City after the 0 Effective Date of this Franchise, this Franchise will be the new agreement 3 required to be granted to a franchisee in annexed territory by cn 06 RCW 35A.14.900 for whatever period of time is then remaining under this r Franchise for the Franchise Area, unless a longer time period is required by that statute. Such territory shall then be governed by the terms and a L conditions contained herein upon the effective date of such annexation. The N 0 first Franchise Fee for any annexed area shall be calculated pro rata from con 0 the effective date of the annexation to the end of the next bi-monthly period and paid to the City at the same time as the fee for the Franchise Area is _ paid for that quarter. ci C. The Service Area Agreements that presently exist between the City cu and the District are depicted in Exhibit B, the contents of which are incorporated herein by this reference. _ L O D. The District agrees that the City may provide sewer service to its Kent c LO LO East Hill Operations Center (KEHOC Property) without constructing N improvements to District facilities or paying District connection fees and/or y charges, so long as the City retains ownership of the KEHOC Property. The L City and the District will acquire any approvals and execute any documents Y a� necessary to effectuate this Section 13.D. 0 0 Cn SECTION 14. - Location of Facilities and Equipment. With the _ exception of components that are traditionally installed above ground such Y r as fire hydrants, blow offs, manhole frames and covers, vault lids, risers, E pump stations, lift stations, generators, electrical control panels, power w meters, telephone connections, automated reading equipment and Q 20 Franchise - Soos Creek Water and Sewer District Packet Pg. 181 8.F.a appurtenances, and utility markers, all Facilities and equipment to be installed within the Franchise Area shall be installed underground; provided, however, that such Facilities may be installed above ground if so authorized .L by the City, which authorization shall not be unreasonably withheld, 0 conditioned or delayed, consistent with the provisions of the City's land use 3 and zoning code and applicable development pre-approved plans. cn 06 L SECTION 15. - Record of Installations and Service. With respect to excavations by the District and the City within the Franchise Area, the L District and the City shall each comply with its respective obligations N 0 pursuant to chapter 19.122 RCW, and as such statute may be modified and con 0 amended, and any other applicable state law. c Upon written request of the City, the District shall provide the City with the most recent update available of any plan of potential improvements to its = Facilities within the Franchise Area; provided, however, any such plan so cu submitted shall only be for informational purposes within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. o 0 LO LO Upon written request of the District, the City shall provide the District with N the most recent update available of any plan of potential improvements to y its improvements located within the Franchise Area; provided, however, any L such plan so submitted shall only be for informational purposes within the Y a� Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. c Cn r c Available as-built drawings of the location of any Facilities located within the Y r Franchise Area shall be made available to the requesting Party within a E reasonable time, which should typically not exceed fourteen (14) calendar w days of request. Q 21 Franchise - Soos Creek Water and Sewer District Packet Pg. 182 8.F.a SECTION 16. - Shared Use of Excavations. A. The District and the City shall exercise best efforts to coordinate L construction work that either Party may undertake within the Franchise Area n 0 so as to promote the orderly and expeditious performance and completion 3 of such work as a whole. Such efforts shall include, at a minimum, in Ca reasonable and diligent efforts to keep the other Party and other utilities within the Franchise Areas informed of its intent to undertake such construction work. The District and the City shall further exercise best L efforts to minimize any delay or hindrance to any construction work N 0 undertaken by themselves or other utilities within the Franchise Area. con 0 r a� N B. If at any time, or from time to time, either the District, the City, or c another franchisee, shall cause excavations to be made within the Franchise 0 Area, the Party causing such excavation to be made shall afford the others, upon receipt of a written request to do so, an opportunity to use such L excavation, provided that: c (1) No statutes, laws, regulations, ordinances or District policies o prohibit or restrict the proximity of other utilities or facilities to the District's c LO LO Facilities installed or to be installed within the area to be excavated; N a� (2) Such joint use shall not unreasonably delay the work of the L Party causing the excavation to be made; Y a� L U (3) Such joint use shall be arranged and accomplished on terms c Cn and conditions satisfactory to both Parties. The Parties shall each cooperate with other utilities in the Franchise Area to minimize hindrance or delay in construction. E 0 a 22 Franchise - Soos Creek Water and Sewer District Packet Pg. 183 8.F.a SECTION 17. - Insurance. The District shall maintain in full force and effect throughout the term of this Franchise, a minimum of Two Million Dollars ($2,000,000.00) liability insurance for property damage and bodily L injury. In satisfying the insurance requirement set forth in this Section, the n 0 District may self-insure against such risks in such amounts as are consistent 3 with good utility practice. Upon request, the District shall provide the City CO Ca with sufficient written evidence, as determined by the City in its reasonable discretion, that such insurance (or self-insurance) is being so maintained by the District. Such written evidence shall include, to the extent available L from the District's insurance carrier, a written certificate of insurance with N 0 respect to any insurance maintained by the District in compliance with this con 0 Section. N t V C SECTION 18. - Abandonment and/or Removal of District Facilities. 0 The Parties agree that the standard practice will be to abandon underground District Facilities in-place whenever practical, subject to the following L conditions: a� c (1) The District shall continue to own and be responsible for any o such facilities abandoned within the Franchise Area. o LO LO N (2) The City shall have the right to require the District to remove N any Facilities abandoned within the Franchise Area if the City reasonably L determines the removal of the abandoned Facility is required to facilitate the Y a� construction or installation of a City project within the Franchise Area and the City determines there is no other reasonable or feasible alternative to 0 Cn the removal of the Facility. The City will make reasonable efforts to avoid conflicts with abandoned Facilities whenever possible, however, whenever a Y r conflict cannot be resolved except by removal from the right-of-way of E previously abandoned District Facilities, then the District shall, at the 0 District's expense, remove such abandoned Facilities by their own forces or Q 23 Franchise - Soos Creek Water and Sewer District Packet Pg. 184 8.F.a by participating in the City's public works project. When necessary, removal of abandoned Facilities shall be limited to the area of direct conflict. In removing such material, the District shall conform to all local, state, and L federal regulations applicable to asbestos abatement, when applicable. 0 L 3 (3) Within ten (10) calendar days of the District's permanent in Ca cessation of use of any of its Facilities as determined by the District, or any portion thereof, the District will, in good faith, use its best efforts to provide as-built drawings locating the abandoned Facilities or if unable to provide L as-built drawings, will provide the most complete and accurate drawings the N 0 District can make available to provide adequate notice of the location of all con 0 abandoned Facilities. N t V C (4) District Facilities that are abandoned in-place shall be 0 abandoned pursuant to City Standards, to the satisfaction of the Public Works Director. /L^ V V (5) The Parties expressly agree that this Section shall survive the expiration, revocation or termination of this Franchise, unless modified by 0 separate agreement. o LO LO N SECTION 19. - Vacation of Franchise Area. If the City determines to N vacate any right-of-way which is part of the Franchise Area where District L Facilities are located or maintained, any ordinance vacating such right-of- Y a� way shall provide and condition such vacation on the District obtaining, at no cost to the District, a permanent easement at least fifteen (15) feet wide c Cn in such vacated right-of-way for the construction, operation, maintenance, repair and replacement of its Facilities located and to be located in such Y vacated right-of-way. E 0 a 24 Franchise - Soos Creek Water and Sewer District Packet Pg. 185 8.F.a SECTION 20. - Assignment. All of the provisions, conditions, and requirements herein contained shall be binding upon the District, and no right, privilege, license or authorization granted to the District hereunder L may be assigned or otherwise transferred without the prior written 0 authorization and approval of the City, which the City may not unreasonably 3 withhold, condition or delay, provided that a merger or consolidation of the in Ca District with or into another Title 57 water-sewer district shall not be considered an assignment for the purposes of this provision and shall not be subject to the City's approval. L U 0 SECTION 21. - Notice. Unless applicable law requires a different con 0 method of giving notice, any and all notices, demands or other N communications required or desired to be given hereunder by any Party c (collectively, "notices") shall be in writing and shall be validly given or made to another Party if delivered either personally or by Federal Express or other overnight delivery service of recognized standing, or if deposited in the L United States Mail, certified, registered, or express mail with postage prepaid, or if sent by e-mail with electronic confirmation. If such notice is personally delivered, it shall be conclusively deemed given at the time of 0 such delivery. If such notice is delivered by Federal Express or other o LO LO overnight delivery service of recognized standing, it shall be deemed given N one (1) business day after the deposit thereof with such delivery service. If N such notice is mailed as provided herein, such shall be deemed given three L (3) business days after the deposit thereof in the United States Mail. If such Y a� notice is sent by email, it shall be deemed given at the time of the sender's receipt of electronic confirmation. Each such notice shall be deemed given c Cn only if properly addressed to the Party to whom such notice is to be given as follows: a� To City: E City Clerk Q City of Kent 25 Franchise - Soos Creek Water and Sewer District Packet Pg. 186 8.F.a 220 Fourth Avenue South Kent, WA 98032 Phone: (253) 856-5725 Fax: (253) 856-6725 V L To District: o L Ron Speer, General Manager Cl) Ca 14616 S.E. 192nd Street as Renton, Washington 98058 as as Any Party may change its address for the purpose of receiving notices as L) U) herein provided by a written notice given in the manner required by this cn Section to the other Party. ° 0 ° N t V SECTION 22. - Non-Waiver. The failure of either Party to enforce i U_ any breach or violation by the other Party or any provision of this Franchise ° a� will not be a waiver or a continuing waiver by the non-breaching Party of any subsequent breach or violation of the same or any other provision of a� this Franchise. ° L SECTION 23. - Alternate Dispute Resolution. If the Parties are 0 unable to resolve disputes arising from the terms of this Franchise, prior to N resorting to a court of competent jurisdiction, the Parties shall submit the N dispute to mediation or other non-binding alternate dispute resolution ° process agreed to by the Parties. If mediation fails after an agreed amount of time, the Parties may agree to have the mediator assume the role of U arbitrator, and decide the matter as a binding arbitration within the o parameters of the Parties' last proposals in the mediation. Unless otherwise c°n agreed upon between the Parties or determined herein, the cost of that Y process shall be shared equally by the Parties. a� E SECTION 24. - Governing Law/Venue. This Franchise shall be Q governed by the laws of the State of Washington. Any suit to enforce or 26 Franchise - Soos Creek Water and Sewer District Packet Pg. 187 8.F.a relating to this Agreement shall only be filed in King County Superior Court, King County, Washington. V L SECTION 25. - Entire Agreement. The Recitals set forth above are n _ o hereby incorporated herein in full by this reference. This Franchise 3 constitutes the entire understanding and agreement between the Parties as in Ca to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the Parties upon execution and acceptance hereof. This Franchise shall supersede, rescind and cancel any L prior franchise or agreement granted by the City to the District to locate and N 0 operate a public water system or sanitary sewer collection system within the (nn 0 Franchise Area; except for service area agreements previously negotiated N and executed. c L U- SECTION 26. - Amendment. This Franchise may be amended only by written instrument, signed by both Parties, which specifically states that L it is an amendment to this Franchise, and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, o Section 7 "Indemnification" above) shall govern and supersede and shall not o LO LO be changed, modified, deleted, added to, supplemented or otherwise N amended by any permit, approval, license, agreement or other document N required by or obtained from the City in conjunction with the exercise (or L failure to exercise) by the District of any and all rights, benefits, privileges, Y a� obligations, or duties in and under this Franchise, unless such permit, approval, license, agreement or document specifically: c (1) References this Franchise; and Y a� (2) States that it supersedes this Franchise to the extent it contains E terms and conditions which change, modify, delete, add to, supplement or 2 otherwise amend the terms and conditions of this Franchise. 27 Franchise - Soos Creek Water and Sewer District Packet Pg. 188 8.F.a In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, L agreement or other document that does not comply with Subsections (1) 0 and (2) referenced immediately above, the provisions of this Franchise shall 3 control. Ca L SECTION 27. - Directions to City Clerk. The City Clerk is hereby authorized and directed to forward certified copies of this ordinance to the L District as set forth in this ordinance. The District shall have thirty (30) days N 0 from the date of receipt of the certified copy of this ordinance to accept in con 0 writing the terms of the Franchise granted to the District by this ordinance N and file with the City Clerk the executed statement of Acceptance of c Franchise, attached hereto as Exhibit A and incorporated herein by this 0 reference. c 0 L SECTION 28. - District Acceptance of Franchise. The District shall have no rights under this Franchise nor shall the District be bound by the terms and conditions of this Franchise unless the District shall, within thirty 0 (30) days after the receipt of the certified copy of this ordinance as o LO LO addressed in Section 27 herein, file with the City its written acceptance of N this Franchise. c 0 L SECTION 29. - Effective Date of Franchise. The terms and conditions as of this ordinance shall not be binding on the City and the District unless the District Board of Commissioners within thirty (30) days of the receipt of the c Cn certified copy of this ordinance as addressed in Section 27 herein adopts a resolution accepting this Franchise, and the date of the adoption of such Y resolution by the District Board of Commissioners shall be the effective date E ("Effective Date") of the Franchise. 0 a 28 Franchise - Soos Creek Water and Sewer District Packet Pg. 189 8.F.a SECTION 30. - Severability. If any one or more section, subsection, or sentence of this franchise is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this franchise L and the same shall remain in full force and effect. 0 L SECTION 31. - Corrections by City Clerk or Code Reviser. Upon U) approval of the city attorney, the city clerk and the code reviser are � L authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or a� references to other local, state, or federal laws, codes, rules, or regulations. O O SECTION 32. - Effective Date of Ordinance. This ordinance, being o r an exercise of a power specifically delegated to the City's legislative body, n is not subject to referendum. This ordinance shall take effect and be in force L thirty (30) days from and after its passage, as provided by law. a� c c /L^ V February 2, 2021 DANA RALPH, MAYOR Date Approved c L O ATTEST: c Ln LO N February 2, 2021 N KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted L February 5, 2021 Y Date Published L U N O O APPROVED AS TO FORM: Cn r c as Y r c ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY E r a 29 Franchise - Soos Creek Water and Sewer District Packet Pg. 190 8.F.a EXHIBIT A ACCEPTANCE OF FRANCHISE r The undersigned authorized representative of Soos Creek Water and r Sewer District (District) hereby declares on the District's behalf the District's o acceptance of the nonexclusive franchise to the District approved by the City of Kent City Council on February 2, 2021, by the adoption of City of Kent Ordinance No. 4388. 06 L DATED this day of , 2021. Y a� a� Soos Creek Water and Sewer District U N O O Cn O r By: Its: c L R ,L^ V V L 0 0 LO LO N N t V C R L Y d d L U O O N r C d Y r c d E t O w r Q 30 Franchise - Soos Creek Water and Sewer District Packet Pg. 191 iffrwiCIIIIIIIIIIII IF'AF'ne-. Exhibit B-1 City of Kent - Soos Creek Water Sewer District Retail Water Service Area Boundary Map October 2020 Alm, PF 0 V PA F PIP LA,KE YOUNGS EW A70. F�j Orr For 'alp i, tie 16 ill - Ad 'AAR Aw Soos Creek retail water IMF service area JimAwr Kent retail water Ad 0.P' service area HIM 24 St S�E2 8 tL � a �OrwI Exhibit B-2 "50m,r IV A City of Kent - Soos Creek Water Sewer District Retail Sewer Service Area Boundary Map October 2020 PF A , OFF, YOUNGS JF PF, A70. Pr Or PF vF IL 'A FA 16 Adw- 00rA OF A r Ad 40 Socis Creek retail sewer service area F Kent retail sewer AN service area Id or HAM NE 'AAEF As FAJA1. r40 W to 'c�fs�ILii!� 8.G • KENT W A S M I N G T O N DATE: February 2, 2021 TO: Kent City Council SUBJECT: Accept the 2020 Paint Line Striping and Raised Pavement Markings Replacement Project as Complete - Authorize MOTION: Authorize the Mayor to accept Paint Line Striping and Raised Pavement Marking Replacement Project as complete and release retainage to Stripe Rite, Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included new paint striping where existing lane markings had worn out, and installing replacement raised pavement markings on various streets. The final contract total paid was $279,852.70 which is $5,207.30 under the original contract amount of $285,060. BUDGET IMPACT: This project was paid for using budgeted B&O funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 194