HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 04/06/2021 ^*4
KENT CITY COUNCIL AGENDA
• Tuesday, April 6, 2021
KENT 7:00 PM
WASH 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/CitvofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 994 0824 9369
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
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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
1. Employee of the Month
2. Employee of the Year
3. Proclamation Recognizing and Elevating Valley Communications
Center 911 Telecommunicators at Valley Communications Center to the
Status of First Responders Who Serve our Community
4. Proclamation for Sexual Assault Awareness Month
City Council Meeting City Council Regular Meeting April 6, 2021
B. Community Events
C. Economic and Community Development Report
S. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmember's Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the business of the city of Kent or to agenda items Council will consider at this
meeting. Comments that do not relate to the business of the city of Kent are not permitted.
Additionally, the state of Washington prohibits people from using this Public Comment period
to support or oppose a ballot measure or candidate for office.
If you wish to provide comment to the Mayor and Council at this meeting, please contact the
City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityC1erk2KentWA.Qov.
When called to speak during the meeting, please state your name and city of residence for the
record. You will have up to three minutes to provide comment. Please address all comments to
the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting. Alternatively, you may email the Mayor and Council at
Mayor(cDKentWA.Qov and CityCounci1(@KentWA.go. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Mar 16, 2021 5:00
PM
2. City Council Meeting - City Council Regular Meeting - Mar 16, 2021
7:00 PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
Mar 23, 2021 4:00 PM
B. Payment of Bills - Authorize
C. Accept the Briscoe Desimone Levee Improvements - Reach 1 River Mile
14.75 to 14.96 Mitigation Planting Project as Complete - Authorize
D. American Rescue Plan Framework Committee - Authorize
E. Ordinance Establishing 40-Day Additional Notice for Termination of
Month-to-Month Rental Arrangement - Adopt
F. Interlocal Agreement For the Purpose of Pooling Sales Tax Receipts with
South King Housing and Homelessness Partners ("SKHHP") Cities to
Administer Funds Under RCW 82.14.540 - Authorize
City Council Meeting City Council Regular Meeting April 6, 2021
G. Consultant Services Agreement with KBA, Inc. for the South 212th Street
Preservation Project - Authorize
H. Interlocal Agreement with FileLocal for City of Kent Business Licenses -
Authorize
9. OTHER BUSINESS
A. Resolution to Urge Passage of Comprehensive Transportation Package in
2021 - Adopt
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.
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.
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PROCLAMATION
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WHEREAS, the federal government's Standard Occupational Classification System
(SOCS) classifies workers into occupational categories for statistical
purposes, based upon the nature of the work performed, and, in some
cases, based upon the skills, education, or training needed to perform
the work; and
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WHEREAS, America's 911 Public-Safety Telecom municators (PST) are incorrectly
categorized in the SOCS as an "Office and Administrative Support
Occupation", a category which includes secretarial staff and clerical
workers; and E
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WHEREAS, classifying PSTs as "Protective Service Occupations" alongside police,
firefighters, security guards, lifeguards, and others whose job it is to
protect our communities would better reflect the work they perform,
and align the SOCS with related classification systems; and >_
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WHEREAS, on March 7th, 2019, the 911 SAVES ACT, a bipartisan bill to reclassify a
911 PSTs to "Protective Service Occupations" has stalled in the N
legislative process; and c
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WHEREAS, nine states currently consider 911 PSTs as "First-Responders", and the
Washington State 911 community is actively working to introduce
similar legislation in Olympia; and E
WHEREAS, the City of Kent is served by Valley Communications Center 911, known v
as Valley Com 911, whose PSTs handle over 616,000 phone calls and
over 472,000 dispatchable calls for service a year. Valley Com 911 PSTs
are highly trained professionals who work under a uniquely stressful a�
environment. Valley Com 911 PSTs are the first of the First Responders
providing life-saving pre-arrival instructions, triage, mediation, de-
escalation and the calm presence on the telephone and radio that is
focused on both responder and public safety
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WHEREAS, recognizing our 911 PSTs for the critical role in emergency response
cannot and should not wait for the passage of the 911 SAVES ACT and .9
believes that these local actions will help support and further similar c
legislation that 911 PSTs deserve o
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NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim that the 911
Public-Safety Telecommunicators at Valley Communications Center 911 are recognized and 0
elevated to the status of First Responders who serve our community. E
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In witness whereof, I have hereunto set my hand this 6th day of April, 2021 a
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Mayor Dana Ralph E
KENT E
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W A S H I N O T O N
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PROCLAMATION
WHEREAS, In Washington State, 45% of women and 22% of men report having
experienced sexual violence in their lifetime; and
WHEREAS, In King County, 7,152 adults and children received specialized
assistance from organizations with programming for sexual assault
victims in 2020; and o
WHEREAS, Rape is among the most underreported crimes for reasons that include
victim's fear of being disbelieved or further traumatized within systems c
designed to support them. Additional barriers, such as language, a
immigration status, gender bias, and systemic racism further oppress W
and silence victims; and .2
WHEREAS, Individual and community impacts of sexual violence are rooted in and a
compounded by racial, gender, sexual orientation and other forms of
oppression. Black, Indigenous and other people of color; people living
in poverty; LGBTQ people; elders; people with disabilities and other 0
people targeted by oppression are affected by sexual violence in
significant and complex ways; and
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WHEREAS, King County is home to many organizations that provide culturally-and ;v
linguistically-specific services for survivors from various racial, ethnic, 3
faith, and cultural communities, survivors who are immigrants and Q
refugees, survivors who are LGBTQ, and survivors with disabilities.
These culturally-specific services are critical to effectively respond to the y
specific needs and barriers many survivors face; and a
WHEREAS, Negative impacts of sexual violence trauma on women, men, children
and youth include fear, concern for safety, symptoms of post-traumatic in
stress disorder, injury, and missed work or school; and `o
WHEREAS, Working together as a community, we can alleviate the trauma of sexual
violence by ensuring supportive resources are available to all survivors,
while standing up to harmful attitudes and behaviors that contribute to E
sexual assault.
NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, join advocates and communities °
throughout King County in taking action to prevent sexual violence by standing with a
survivors and do hereby proclaim the month of April, 2021 E
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Sexual Assault Awareness Month
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In Kent Washington and together, we commit to a safer future for all children, young people, o
adults, and families in our community.
In witness whereof, I have hereunto set my hand this 6th day of April, 2021.
Mayor ❑a a-Rt1ph
KENT
W A S H I N G T O N
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April 6, 202'
• Staff processed 160 contracts and
ADMINISTRATION reindexed 280 contracts that contained
Administration errors when they were converted from —
Oracle into Laserfiche.
• The City Council will officially approve Staff assisted department liaisons with
formation of an American Rescue Plan records management questions and E
Framework Committee on April 6. The o
committee will recommend to the council a committee and board agenda management 0
high-level framework to invest Kent's technical questions. c
• Staff continues to participate in virtual a
$28.41 million. Once Council approves a trainings on the Open Public Meetings Act,
framework, the City will need to identify Public Records Act and Records
specific investments that fit into the o
Management. a
framework.
• The Council continues to work through Federal Way Link Extension
changes to its rules that will implement a On Friday March 26, the City issued
permits for the Kent Des Moines Station
return to the committee system on Garage. Work began the week of March 29 0
September 1. Councilmembers decided with the contractor setting forms. The first d
February 23 to reinstate three-member >
committees for Economic & Community pour will occur April S. :�
• From April 5 through April 13, the N
Development, Parks & Human Services and contractor will be setting the first girders c
Public Works, and to merge the former for the light rail track between the columns E
Operations Committee and Public Safety 13
in the Kent Des Moines Station area. The a
Committee into a single Operations & contractor will set approximately six
Public Safety Committee with seven girders per day. This work will be
members. completed during the evening hours. c
• The Council will consider a revision to the • Additional clearing and grading work has
City's Inclusive Community and Sustainable commenced in the Star Lake Station area.
Services goals on April 12. Thank you to This includes ponds for WSDOT and Sound '
the Cultural Communities Board for Transit located north of Star Lake Station E
working on the Inclusive Community goal G
verbiage at its February and March area. This work can be seen from U
meetings. southbound I-5.
Clerk's Office Utility work in the Star Lake area will begin
During the month of March, the City Clerk's the week of the April 5.
• Office responded to 529 public records Race and Equity
requests, including reviewing over 400,000 The Equity and Inclusion speaker series
emails and over 2,700 minutes of body presentation by Matika Wilbur was a
success. We had 144 staff members who
worn camera video. attended the presentation, and 75
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residents who attended the evening grants are aimed at for-profit small
presentation. businesses in industries that have hard
• The Community Immersion Law costs associated with their operations and
Enforcement Program is getting closer to faced the most significant challenges to
its launch. We've held conversations with paying those hard costs because they were
local community-based organizations who required to close during the pandemic.
are interested in participating in this pilot Eligible applications will be reviewed based
program. The program is looking to place on the following priority criteria:
newly hired Officers in training (recruits) o Industries that had to close as a result
with local community-based organizations. of safety and public health measures.
The officers would serve as volunteers with o Size of the business (measured by 2019
the agencies before they complete their revenue).
Basic Law Enforcement Academy training. o Lost revenue between 2019 and 2020
as well as added expenses to maintain Cl)
ECONOMIC ' COMMUNITY safe operations. -0
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DEVELOPMENT To ensure equitable distribution, Commerce
will consider businesses operating in a low- ;
Economic Development o
income community or that is owned by U
• Economic development is workshopping someone from a historically underserved E
with local community partners to expand population (minority, veteran, LGBTQ+ or ,°
on-call technical assistance architect hours women-owned). More information and the 0-
as part of the National Development application portal can found at a
Council and Craft3's commercial www.commercegrants.com
affordability pilot in south King County. Development Engineering
There is a specific goal to assist BIPOC
Kent business owners and the pilot will • Staff worked with the developer of the Fox 0
utilize the resources from the Port of property, Kent Police and others to get the
Seattle Economic Development Partnership homeless encampment on the site cleaned
up and construction started. Displaced
Program. homeless were offered services.
• Economic development met with a private Staff participated in a traffic concurrency o
consulting representative of a large, locally >
based company seeking a massive workshop hosted by PW transportation and
expansion of their retail fulfillment center their consultant. Mh
• Staff are currently collaborating with PSE, •c
operations. They will expand either here or Lumen and Comcast to develop a E
in Texas and that decision rests on their Blanket/Annual Utility permit for a
assessment of business competitiveness maintenance work in City of Kent right-of-
factors including taxes, infrastructure and way that does not involve pavement
workforce considerations. disturbance. When implemented, permit
arrange for meetings between the North processing and review time will be reduced cc
Naden development team, Avenue 55, and
allowing staff to be more responsive. r_
possible end use manufacturers, while also DE approved plans for earthwork to begin E
pursuing public sector partnership and for a new distribution warehouse c
policy questions in the manufacturing development at the former REI U
space. For instance, staff met recently with headquarters site.
University of Washington's Co-Chairs of Staff attended a pre-application meeting
Space Policy and Research Center. for a new distribution warehouse on the
• Staff notified community stakeholders that KOA campground site.
the Washington State Department of
Commerce will accept applications from
small businesses for Working Washington Effective immediately, the City of Kent,
Grants beginning March 29 - April 9. These along with all other municipalities, will stop
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using the four-letter acronym commonly
associated with the Comprehensive Annual
Financial Report. Instead, we will refer to All
the report by either its proper full name or . Work on integration issues between
by using a shortened format that does not Workday and Active Directory
include the four-letter acronym. For now, . Charitable Contributions Committee is
in short, we will refer to the document as hosting their Annual Plant Sale Fundraiser
the "Annual Report". This has come about to benefit our local senior citizens
as a result of increased professional Benefits
awareness that the acronym, when Registration for the new wellness Steps
pronounced aloud, sounds the same as a Challenge is 3/29-4/12 (no registrations
derogatory term historically used in other after 4/12); the challenge occurs 4/13 -
parts of the world. Most concerningly, 5/25
South Africa where this term has ties to Our benefits broker, Alliant, is researching co
Apartheid and is used as a racial slur long term care insurance as a voluntary
towards Black South Africans. The employee option to the state's Long Term
Governmental Accounting Standards Board Care Act (RCW 50B.04) ;
is expected to issue a new accounting Reviewing and enacting items required by 0
standard by the end of 2021 that will the federal American Rescue Plan Act E
rename the current document. Tentatively ICMA-RC (deferred compensation provider) .°
the new name is expected to be "Annual is changing its name to Mission Square r_
Comprehensive Financial Report". As we Retirement a
learn more about the new standard and Recruit
industry practices, it will help to shape how Opened for applications for the rank of V_
we refer to this document. Messaging to Police Sergeant; application period closes a
impacted stakeholders is taking place now. on April 12
The City's website and CitySpace will be Working with Parks and Public Works to )
reviewed and any use of the acronym hire temporary/seasonal employees
removed. In addition, newly created Written exam for Central Financial Analyst o
documents (i.e. budget book, bond on April 1 with interviews scheduled for >
documents, etc.) will no longer include that April 13
acronym. Interviews for Facilities Superintendent on N
• Finance recently purchased approximately April 7-8 .9
$20 million in new longer-term investments Phone screens for Probation Officer E
managed by PFM. This will be the first of tentatively scheduled for the week of April w
several new investment purchases as we 12
restructure our portfolio moving funds from Working on development of performance U
our short-term investment portfolio to our evaluations templates and process c
longer-term investment portfolio. New hires/promotions effective April 1: a
• The Payroll Team has stabilized the payroll Amritpal Basra (Judicial Specialist), John
process allowing time to cross-train team (Adam) Campbell (Construction Inspector), E
members as well as additional focus on Chris Mills (Police Commander), Quenten E
creation/validation of Standard Operating Palmer (Systems Operations Engineer) U
Procedures (SOPS). One team member has Lean
had formal training on writing reports • Finishing the first round of department
within Workday which has allowed us to strategy interviews
review/improve existing reports as well as . The A-Team to identify common Citywide
create new reports to be used for auditing themes and potential metrics for ELT
and streamlining processes. review
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• Finalized the ordinance related to the 40-
day additional notice required to terminate
Information Technology Projects a month-to-month rental agreement.
• New employee account setup (Ivanti) - to • Prepared and presented resolution
deploy an automated self-service workflow regarding Council bylaws, eliminating the
in Ivanti creating a user account for all new Committee of the Whole structure and
City of Kent employees. reverting to smaller committees.
Corrections infrastructure upgrade - to • Began work to comprehensively revise the
deploy a small-scale data center solution at City's code provisions concerning advisory
the City of Kent Correction facility allowing boards and commissions throughout the
infrastructure growth and security. City to accomplish the goals previously set
Information Technology operational support by Council during its retreat earlier this
for March 21, 2021 to March 30, 2021 year. a
• Number of tickets opened - 179 • Continued to assist staff in issues co
• Number of tickets closed - 247 surrounding the deployment of small
Enterprise GIS wireless facilities (small cells) throughout
General: the City. These issues include drafting ;
• Helping to implement GeoFinder for the agreements to share existing infrastructure 0
CMS refresh with Granicus like conduit and to reserve City E
• Continue to update and normalize City streetlights. °
addressing database for various City wide • Work with Administration and the City's
software implementations lobbyist to draft a resolution urging Council a
• Working with Legal on Esri Advantage to support the passage of a comprehensive
Program for GIS reorganization of transportation budget.
architecture plan • Received and worked to respond to various Q.
• Police SafeCam application completed and Subpoena Duces Tecums requesting
ready for deployment on City website records from the City. )
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• Providing support for Parks to locate assets • Continued to assist the Clerk's office with
using the GIS Collector application public records requests as needed, and o
Weekly customer service requests: Public Works, ECD, IT and Parks with a >
• Transferring GIS and Connect Explorer number of high priority contracts and W
monthly updates from PW to IT - first one development projects, including property N
successfully completed 3/28/21 rights and access issues involving Naden c
• Deploying Esri GIS ArcPro software installs Avenue. E
and training to staff for care laptops • Assisted the Clerk's Office in preparing the w
• Providing customer support to help staff agenda for the City Council meetings and °'
connect to GIS data Committee of the Whole meetings. U
• Assisted the HR Department in a number of c
sensitive employment and labor related
matters.
• The Law Department is celebrating the 30-
year City anniversary of prosecution MUNICIPAL COURTE
paralegal, Kathleen Studer, on April 111
• Prosecutors are preparing to resume in-
person jury trials in April. There are PARKS, RECREATION, AND
currently 50 cases set for trial over the COMMUNITY SERVICES
course of one week in April.
• Worked closely with ECD to assess legal
issues surrounding the Bridges/Verdana Recreation and Cultural Services
PUD. Kent Parks and Recreation hosted our 5011
eSports tournament since April of 2020.
eSports was one of the first interactive
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virtual programs created during the their kids on Saturday, March 13 at the
pandemic and has brought together a wide Kent Commons.
variety of people in the Kent community Spotlight Series offered three livestream
over the past year. eSport coordinators are concert opportunities for our patrons in
preparing how to smoothly transition into March. We Banjo 3 performed a full concert
live eSports tournaments as we get closer live from Ireland on March 13 and A.J.
to more in person programing. Croce presented the first of his two-concert
• Youth Teen staff distributed COVID series on March 18. The final livestream
information books specifically designed for opportunity of the 20-21 Spotlight Series
children. The books were provided by was A.J. Croce's 30-year career
Amazon and the Kent Senior Center. Staff retrospective show on March 25 at 5 p.m.
are also working collaboratively with the The Kent Creates "Looking Forward" exhibit
recently opened Kent Library to identify encourages artists and creative minds to a
partnership opportunities for the summer. submit their work focused on the theme of
• Jr. All Stars is underway with a full roster looking forward to a New Year and brighter a
of participants. This sports-based program future. The deadline for this exhibit was
provides weekly introduction to a variety of March 31. We will also be using the Kent ;
popular sports. This week, students ages Creates platform to host a virtual version 0
6-10 years old learned baseball skills and of the annual Student Art Exhibit in April. E
really enjoyed getting outside! The Recreation Division STEAM bag ,°
• Servant Industries has begun work on committee has put together another fun-
restoring "Another Place, Another Time," filled bag of activities themed around Earth a
the public art piece by Stuart Nakamura Day. "Earth Rocks!" STEAM bags are �
honoring Japanese-Americans' history in perfect for families with kids age 4-10.
Kent, located at the Kent Historical Each bag includes science activities, art a
Museum. Work will include repairing and projects, a rubber boot flowerpot with all
resurfacing concrete and granite in and supplies included, goodies, and more. )
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around the art piece. Registration is required and the $12 bags
• Applications for the 2021 Traffic Signal are selling fast. Registered participants will o
Control Box Art-Wrap Program are due on get their bag at a drive-thru pickup event
April 18. Professional and emerging artists at the Kent Commons on Thursday, April
based in Washington State are eligible to 22 from 4 - 6pm. N
apply and can work in any medium, so long • The Recreation Division will host in April, c
as the work can be translated into a digital the first Kent Parks on the Move event E
file to be converted to a vinyl wrap. The called "Boots and Blooms". This mobile w
Arts Commission will select 8 artists to special event, featuring a spring planting 2
design artwork for 8 boxes located activity, will visit three apartment
throughout Kent. communities including Grandview c
• Kent Kids' Arts Day has been a popular Apartments on Wednesday, April 7, Vallicc
event for kids and families for more than Kee Apartments on Wednesday, April 14, •2
three decades and, sadly, was one of the and Scenic Vista Senior Living on
first programs we had to cancel in early Wednesday, April 21. All sessions will run c
2020 due to the COVID-19 pandemic. To from 1:00-3:00 p.m. and resident youth U
keep the event going this year, Cultural and seniors will have the opportunity to
Programs division staff worked with four plant colorful spring flowers in a cheerful
artists to create five project kits for kids to rubber boot flowerpot. Special thanks to
take home and build on their own time. Washington Shoe Company and Kent East
The concept was a success with two-thirds Hill Nursery for donating supplies.
(40 of 60) of the available kits sold.
Parents, grandparents, and guardians were
very appreciative when picking up kits for
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. ,ipi there was a lot of smoke and one person
inside the vehicle. Upon patrol arrival, the
Significant crime sole occupant was removed from the fully
activities/arrests/investigations engulfed semi-truck and taken a safe
• On March 10, at 8:52 pm, a victim was distance away. The patient was initially
attacked/stabbed in the area of 303 N responsive but struggled to catch his
Washington. The victim was transported to breath. Moments later, he lost
Harborview Medical Center with life consciousness, stopped breathing, and had
threatening injuries. Possible suspect no pulse. Patrol began CPR and maintained
information was obtained via video life-saving efforts until Puget Sound
surveillance. Detectives are investigating. Regional Fire Authority took over. The
• On March 9, at 7:31 pm, Patrol responded patient was transported to Harborview
to the Alderbrooke apartments for the 4t" Medical Center in critical condition. a
occasion on the same evening pertaining to On March 18, at 10:35 am, a suspect co
a couple being involved with domestic attempted to grab the purse of a victim as =
violence. Each time the victim was non- she stood outside of the doorway of
cooperative and walked away hindering our ALTHAS Louisiana using her cell phone. ;
ability to develop Probable Cause. When the victim ripped her purse away, L)
Eventually, the victim met with officers at a the suspect threatened her "not to move" E
different location. She provided a detailed and that he "had a gun." The victim fled ,°
account of the assaults she sustained over inside of the store and the owner was able
the past week by the suspect. The to scare off the suspect. Officers located a
following morning detectives served a the suspect a short distance away and he
Search Warrant, arrested the suspect, and was taken into custody.
located items of evidentiary value for this On March 21, at 1:28 pm, officers were a
case. dispatched to a shooting at the AM/PM
• On March 10, at 9:38 pm, Patrol responded located at 24014 116 Ave SE. A male on )
to Valley Medical Center for a possible location had been shot in the leg during
gunshot wound victim. The victim said he what was described as a drive by. Officers o
had stopped to smoke marijuana when he arrived and determined that three suspects
was approached by 3-4 males on foot, who had shot at the victim while he was inside
stated several times "you see me, give it his vehicle. The victim's mother, who h
up". One pointed a gun at him, which he happened to be at the location getting gas, :c
slapped away twice, causing the gun to fire drove her vehicle into the suspect vehicle. E
each time. The suspect with the gun then The suspects attempted to take the mom's w
hit him in the head multiple times with the vehicle and she fled on foot. The three
gun. Case referred to Detectives. suspects fled across the street to the East
• On March 16, at 9:15 am officers were Hill Nursery. Two of the suspects continued c
dispatched to an unwanted subject hanging fleeing on foot while the third suspect stole
out in an apartment building in the 26000 an occupied vehicle at gunpoint. The victim •2
block of 1061" PI SE. The subject was in driver was able to exit the vehicle and run
possession of two brand new Makita saws. as the suspect drove away. The victim was c
Through investigation it was determined transported to the hospital for treatment. U
the subject had stolen the equipment from According to the victim, he had planned to
Home Depot earlier in the morning. Video meet the suspects at the location to
of the theft was recovered as evidence and "smoke" when they tried to take his "cush"
the property was returned. The subject was they shot him. A firearm and several
booked on his Kent Municipal Assault casings were located on scene. Detectives
warrant and charged with theft 3. are investigating.
• On March 17, at 9:55 pm, Patrol responded On March 21, at 4:00 pm, a male was
to a vehicle fire in the area of E Saar St & arrested for eluding and assault-DV after
Central Ave S. The caller reported that assaulting his girlfriend and then leading
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officers on a chase that ended at the Fred paraphernalia and a false statement
Meyer in Covington. No injuries and no charge. They also conducted patrols in
vehicle damage. search of illegal activity at homeless
• On March 21, at 10:12 pm, Patrol encampments, contacted warrant subjects
responded to the Dollar Tree, located at passed out in a car at McChevron, and
10432 SE Kent Kangley Rd, for a shooting recovered an unoccupied stolen vehicle.
that occurred in the parking lot. The victim Officer Makings was commended for his
was located inside a vehicle with a gunshot initiative, planning, communication, and
wound. Numerous family members were leadership skills which resulted in a
present when the victim was shot. Patrol successful operation.
initiated life-saving efforts. The victim was o On January 22, 2021, at 9:44 pm, officers
transported to Harborview, and shortly were dispatched to the Berkley Heights
thereafter was pronounced dead. The Apartments in regard to a physical
disturbance. A female called 911 to report
suspect/shooter fled in a dark gray Dodge her friend had texted her stating she was
Magnum. As of this writing the suspect is locked in the bathroom and had been o
still at large. involved with a fight with her boyfriend. U
• On March 25, at 4:54 pm, officers arrested The victim also called 911 where heavy
a female for DUI. She blew a .331 on the breathing and a possible fight could be ci
portable breath tester. An 8-month-old heard. The suspect was described as 67' c
child, improperly restrained in a car seat, 300 lbs. and still inside the apartment.
was in the back seat. The child's The victim also sent a picture to her sister
grandmother arrived to take custody of the showing her face was bloody and swollen. a
baby. Sergeant Tim Lontz and Officers Rob Curl,
• On March 30, at 1:47 am, Kent was Cody Blowers and Vincent Alatorre arrived
dispatched to a verbal domestic at the on scene and heard a female screaming a
Mosaic Hills apartments. Prior to patrol inside. Entry was forced to the apartment
arrival, there were shots fired at the same where officers discovered that the suspect
location with one person shot. The suspect had locked himself and the victim in the 4)
fled on foot from the complex. Upon bathroom. Forced entry was also made
point at which p
arrival, patrol located a male unconscious into the bathroom, a,
with a gunshot wound. Patrol initiated Sergeant Lontz was able to safely remove >
lifesaving efforts, but he was pronounced the victim and the other officers engaged L
dead a short time later. Detectives are in a lengthy fight with the suspect in very c
investigating. confined spaces. After several minutes
Events and awards and at least two Taser applications, the a
• Letters of Commendation: suspect was taken into custody. Due to
the serious injuries sustained by the
o In December 2020, Officer Joel Makings victim, the suspect was later booked on
noted an increase in crime activity in the felony charges. There is no doubt that the c
McChevron area on the east hill. He took quick actions of all involved saved this
the initiative to work with NRT to confirm victim from further harm. Sergeant Tim
his suspicions and began planning an Op Lontz and Officers Rob Curl, Cody Blowers
to address the problem. Through and Vincent Alatorre were commended for E
networking with NRT, SOU and Patrol, he their quick actions and restraint that led c i
put together a team of Officers for the to the successful arrest of a violent
detail. On 1/16/21, prior to the Op even suspect.
starting, Officer Makings lost one of the su
o sOn u January 31, 2021 at 12:41 pm,
Officers on his team due to his Sergeant Daniel Butenschoen, Officers Ian
involvement with an in-progress call at Lentz, Trevor Blake, Brian Cortinas, David
the end of his normal shift. He took the Ghaderi, and Sean Goforth were
loss in stride, modified his plan and dispatched to a suicidal subject in a
moved on. They arrested two subjects at wooded area near Target on the east hill
the Alvista Apartments, which yielded a of Kent. Upon arrival, they located the
stolen backpack, 15 grams of heroin, drug
Page 7 of 13
Packet Pg. 12
5.6
subject who had climbed out onto a large of some great work done by your officers
fallen tree. The tree was hanging out at today, assisting us in detaining a mentally
an angle over a steep embankment down ill person at the Kent Commons. I spoke
into a wooded ravine. The subject was with Sgt Barbour a week ago and he was
about 15 feet above the ground. They proactive and helpful in putting together a
engaged her in low-key conversation and plan for today. Our DCRs contacted him
then realized she had tied one end of a this AM and then joined Kent police
rope around the tree and the other end officers on the scene for the detention.
was a noose around her neck. If she Here is what DCRs Brenda Brake and
decided to jump off the tree, the risk of Steve Darrow wrote about their
significant injury to her neck or death was interaction with your officers today. "I
high without Police intervention. Officer spoke with Sgt. Barbour this morning
Cortinas showed an exceptional amount before heading to Kent and he was
of compassion and quickly connected with fantastic. He really seemed to understand
the subject in a way that any Police our need for their assistance, and he was
Officer would want his/her family member very interested in working together to 0
to be talked to in a critical incident like ensure the non-emergency detention was u
this. While Officer Cortinas worked with a success. After our phone call ended, I
her, Sergeant Butenschoen quietly received a follow up call from Officer U
coordinated Fire/Aid resources and Robinson. He and Officer Mattheis arrived c
started planning for potential on scene earlier than Steve and I. They
contingencies with each member of his had a photo of the patient in their system
team. Officers Goforth and Blake staged so they could identify her. They were a
underneath the tree, so they would be eager to assist in any way they could, and
ready to lift the subject, to take pressure they interacted with other people waiting
off her neck. Officers Ghaderi and Lentz for their payee at Kent Commons. They a
were prepared to climb up the tree and were given information that patient takes
cut the rope from above. Officer Goforth the bus to get to Kent Commons, so we
was able to cut the rope from below the were able keep an eye out. Once the 4)
tree. After about 30 minutes of patient arrived on scene, the officers
negotiating with the subject, Officer politely engaged with her and confirmed o
Cortinas was able to convince her to come her identity. They gave her space to get
down. Officer Lentz climbed up a ladder her check from her payee (which is why L
and helped her to slide back down the she was there). Then, after getting her h
tree to the ladder. The subject then check, the officers provided the exact •9
climbed down with the assistance of the support that was needed to get her on the a
Officers below the tree. Officer Ghaderi gurney. They were direct in telling her
removed the noose from around her neck there was a court order and that she
and she received aid from Fire. Sergeant needed to go to the hospital. The patient
Daniel Butenschoen, Officers Ian Lentz, was initially unwilling to go but she was c
Trevor Blake, Brian Cortinas, David respectfully guided, by officers, to the M
Ghaderi, and Sean Goforth were gurney where she cooperated with medics •2
commended for their compassion, and was placed in restraints. I am
ingenuity and leadership and help grateful for opportunities like this to work c
resolving this critical situation without together with law enforcement and other U
incident. community supports to provide the best
o On February 11, 2021, Julie Gamble, the care possible to those most in need in
Designated Crisis Responder Supervisor King County. I want you to know Officers
for King County Crisis Commitment Robinson and Mattheis and Sgt. Barbour
Services, sent the below email to were fantastic to work with and I hope we
recognize the cooperative work and can continue having positive outcomes
professional partnership from Sergeant like this in the future. Sergeant Barbour,
Barbour, Officer Robinson and Officer Officer Robinson and Officer Mattheis
Mattheis. I am writing to make you aware were commended for their teamwork and
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5.B
communication which lead to the subject at that time. They were able to find the
receiving the medical services she Body Worn Camera video from last year
needed. Their actions reflect the mission and passed on possible suspect info.
of the KPD as well and is worthy of this Detectives Waldo and Sherwood
Letter of Commendation. responded to the scene to investigate. A
o On February 12, 2021, several officers of cooperative effort between Patrol/
the Kent Police Department were Detectives/N RT/SI U resulted in the arrest
dispatched to the Azteca Mexican of the suspect without incident and within
Restaurant on the east hill of Kent 4 hours. The suspect was charged with all
because of a subject inside who was 7 counts of drive by shooting. Officer
bleeding profusely from a neck wound. Ghaderi and Officer Robinson were
The male adult subject was suicidal and commended for having the suspect
had sliced his own neck in an effort to kill vehicle identified in the above shooting
himself. Officers Peter Stewart, Jason within 20 minutes of it occurring. This no
Nixon and Andrehas Rodriguez verbally doubt had a direct impact on the timely
engaged the subject, who was still within capture of this violent suspect. o
reach of the knife. The trio calmly o On February 18, 2021, Sergeant Tom Clark, u
engaged in a lengthy verbal dialogue with Officers Tessa Melville, Greg Jago, Roland
the subject, who was refusing to accept Heyne, Adam Tanvas, Matt Levi, Garrett L)
the offered medical assistance. However, Gunderson, and Sean Goforth were c
as the call progressed, the subject dispatched to a woman who was actively
seemed to relax, and officers were able to cutting her arms with a knife in the area of
eventually move in close and pin the Rite Aid located at 104t" Ave SE and SE a
subject's arms with the table to prevent 256t" St. When they located her, she ran
him from arming himself with the into the street and ended up at the Jiffy
knife. Officers Ian Lentz, David Kallir and Lube parking lot. She was bleeding from her a
Sergeant Tom Clark assisted, and they arms as she cut herself with a razor
were able to successfully maneuver the blade. The officers did their best to talk to
wounded subject to the ground where he the woman and get her to drop the razor,
was handcuffed and then moved to a but she refused. After the woman
medical gurney for further treatment. threatened to cut her own throat, the O
Sergeant Clark and Officers Stewart, officers made the decision to move in to
Nixon, Lentz, Kallir and Rodriguez were preserve her life. Their quick actions and 2
commended for their teamwork and post care were able to defuse the situation h
communication which led to the subject so the woman could receive the support and
receiving the medical services he needed medical attention that she needed.
and further harm was averted. Their Sergeant Tom Clark, Officers Tessa Melville,
actions reflect the mission of the Kent Greg Jago, Roland Heyne, Adam Tanvas,
Police Department well and they are Matt Levi, Garrett Gunderson, and Sean
worthy of this Letter of Commendation. Goforth were commended for their c
o On February 16, 2021, at 8:19 am, a patience, professionalism, and quick actions '
drive by shooting occurred at 11620 SE leading to the preservation of a woman's life
210th Pl. Witnesses reported one shot who was in crisis.
being fired at the house and the suspect o On February 22, 2021, officers were c
fled in a red Audi sedan with tinted dispatched to a residence on the east hill U
windows and chrome rims. The of Kent for a medical aid call. As officers
homeowner was contacted by phone and arrived, they found an unresponsive
confirmed no one was currently living at victim and learned that the victim may
the house. This was the 3rd drive by at have been injured during an argument
the residence in the past 24 hours and with a contractor over the installation of a
7th in the past 16 days. Officers David water heater. Officer Eli Morris learned
Ghaderi and JaMark Robinson recalled that the water heater had been purchased
responding to the residence a year ago at the east hill Home Depot. Officer Morris
and contacting a male in a red Audi sedan contacted Home Depot employees who
Page 9 of 13
Packet Pg. 14
5.B
tracked down the name and phone Letter of Appreciation: On February 22,
number listed for the buyer of the water 2021, officers were dispatched to the east hill
heater. Officer Morris then compared that of Kent for a medical aid call. Upon their
information against department records arrival, officers discovered an older male
and was able to identify a potential victim unresponsive in his residence. Through
suspect in this case, to include a home investigation, they learned that the male had
address and vehicle description. A short hired a contractor to install a water heater in
time later, Officer Morris located the his house and that a dispute had started over
suspect vehicle, stopped it and was able payment for the installation. During the
to detain the male suspect and his argument, the victim had a medical
girlfriend without incident. Officer Morris emergency and collapsed. As the victim was
was commended for his interest and laying on the ground, unconscious and
willingness to investigate leads on a helpless, one of the suspects stole his wallet.
potential homicide case. This level of Officers on scene learned that the water
professionalism and his dedication fully heater had been purchased at the east hill
represent the mission of the Kent Police Home Depot. Officers went to Home Depot o
Department. where they contacted David Henderson and U
o On March 1, 2021, Matt Landis, the Josh Whipple, employees in Home Depot's 5
Mental Health Outreach Specialist for Loss Prevention division. David and Josh L)
Catholic Community Services (CCS), sent assisted officers in gathering video evidence c
the below email to recognize the and were instrumental in also locating the
exceptional professionalism and patience receipt with the suspect's full name and
on the part of Sergeant Scott Rankin and phone number attached. This allowed for a
Officer Justin Campbell regarding their further investigative follow-up including the
collaboration with CCS to help a person in discovery of the suspect's address and
crisis: I know our management team is vehicle description. The suspect and his a
following up on the situation today with girlfriend were later stopped and detained
Ms. Williams, but I just wanted to reach without incident. David and Josh were
out and say thank you for your commended for their assistance in helping to a)
officers'/Sergeant Rankin's work today find the suspects in this heinous crime.
with a difficult situation at our office. 0
Ultimately, the outcome worked out well PUBLIC WORKS
with getting Ms. Williams to our Bridge L
program in Seattle. We are so grateful to Land Survey/ PW GIS: N
Officer Campbell for transporting her Field staff provided construction support .9
there. This literally required five hours or and staking on active capital improvement
so of our time and spoke to the projects, including the S. 228t" St. w
importance of relationship/collaboration in improvements. Topographic mapping
avoiding her being arrested and instead surveys completed for Skyline Sewer,
getting to a more effective long-term Veterans Drive & Titus St. Water and 224t" o
solution like shelter and care with our Phase II pond quantities. Crews brushed &
Bridge program. As an MHP on the ground staked parcel lines on the McSorley Creek c
level, I just wanted to say thanks to your Environmental parcels on West Hill for the E
folks for being there and the incredible cleanup efforts. c
amount of time spent to reach this Professional staff reviewed CIP project U
solution today. Sergeant Rankin is being plans, calculated, mapped and wrote legal
commended for his unending compassion descriptions for projects. Vacant Survey
and continuous desire to serve. Sergeant Party Chief position has been filled, worked
Scott Rankin and Officer Justin Campbell on new onboarding process in Workday.
embody our vision to provide the highest pW GIS staff supported multiple utility
level of law enforcement service and asset data processes, including model
improve the lives of our community
members. updates for Cityworks, GeoPortal and eGIS
(Enterprise GIS). Staff fulfilled Public
Page 10 of 13
Packet Pg. 15
5.6
Records Requests, entered CIP and Private placement, mulch placement, and tree
Development project as-builts. planting is ongoing. Installation of the new
Construction: luminaire poles will proceed in May upon
• 2281" St. Union Pacific Railroad Grade receipt of their delivery.
Separation Bridge and Roadway (Ph 5 of • James Street and 2nd Avenue pedestrian
5): Lakeside and Scarsella completed crossing: due to the procurement of long
project HMA pavement last week. Work lead materials, work is scheduled to begin
included full depth grind out of existing in mid-April. Submittal review is ongoing.
intersection pavement at S 228t" and • West hill reservoir: mass excavation for the
76th/4th due to poor existing conditions, tank's foundation is ongoing. This work will
match line pavement at 6t" Ave N, Prologis be followed by forming, rebar placement,
driveway, and 72"d intersection; as well as and concrete placement. Submittal and RFI
final completion of the Interurban Trail reviews are ongoing. a
connections and Klavano/Sound Holdings Design: CO
parking areas. Scheduling adjustment of 212t" East Valley Highway to 72na:
castings in new HMA this week. Wilson project advertised. Bid opened Mar 16.
Concrete completed replacement of three Bids rejected due to bid irregularities. ;
panels of PCCP that cracked prior to control Project re-advertised Mar 23. Bid L)
joint cutting last week. SB Structures opening on Apr 13. Council Apr 20. E
continues placement of BP railing on top of 2021 Water Main Replacement(s): °
the barrier walls throughout as deliveries distributed 90% review on Mar 19 with
are received. Totem Electric continues to comments due on Wednesday Mar 31. a
work through completion of signal and Advertisement scheduled for Apr 6.
lighting systems. Scheduling extruded curb Traffic control plans under review and
and parking lot striping completion in all met with Police and Transportation. a
private parking lots along with private 2021 contracted overlays: 60% review
property landscape restoration activities. distributed Mar 15. Comments due Mar N
L
• Green River Natural Resource Area 29. Complete street memo in progress.
(GRNRA) South Stormwater Pump Station: Funding memo has been prepared and o
Interior pipe painting is complete. Garage scheduling meeting with the Mayor to >
door intrusion switch installation will take review. Proposed new advertisement
place beginning on April 1. Contract date May 4. Still working to meet N
working days will be suspended upon original ad date of Apr 27. •c
completion of the intrusion switch 2021 storm and sanitary sewer lining: E
installation in order to accommodate the sewer locations postponed for 2022. w
final exterior sealing and design for an Proceeding with storm locations. Public °'
added exterior backflow preventor on the Works Storm and Design met and
domestic water service. settled scope of work. 90% design c
• Willis Street and 41" Ave S roundabout: review expected to be distributed within
final electrical installations are ongoing. the next couple of weeks. Target
Blast lighting for the artwork in the inner advertisement date for end of May 25. '
circle is scheduled to arrive for installation 224t" mitigation & remediation: team c
near the end of this month. LED message met with Corps Mar 22 to update the U
board construction is ongoing. Due to long habitat mitigation monitoring plan.
lead materials, the final installation will be Preparing contract plans for weed
complete in April. control, mulch application, and habitat
• Meet Me on Meeker (Russell - GRE) log and snag installation. Started
Sidewalk Improvements: Concrete coordination with construction staff for
sidewalk placement from Russell Rd to the construction sequence and staging.
GRE is complete. Construction of the King County access to Transit (design
concrete crosswalk across Russell Rd is only): design to be completed by June
complete. Irrigation installation, topsoil 2021. Received 30% review comments
Page 11 of 13
Packet Pg. 16
5.6
and working to incorporate. Streets:
Coordinating with survey to gather site Street maintenance crews performed
data for the Kent Kangley hawk signal grinding a sidewalk on Pac Hwy, cleaned
in support of WSDOT review. sidewalks on S 228th St, SR 516 and SE
• Signature Pointe projects: without a 231st Way, cleaned sidewalks and
new Interlocal Agreement (ILA), design retaining walls on SE 208th St, bridge
has slowed down. Remaining work repair on the Meeker St Bridge, cleaned
authorized under the current ILA is on bridges on Riverview Blvd, Joe Jackson
hold until conversations between stake bridge, Washington Ave and Central Ave S,
holders can be held and new ILA signed. saw cut and hot patch dig out repair at
Meeting held with Parks Mar 25 with 27423 122nd Ave SE, curb and guttered at
Parks and appraiser to discuss 23422 95th Ct, asphalt overlay on S 212th
appraisals. Project renderings expected St, prepped a people path for repairs and a
to be complete this week. paved on 101st PI SE and swept debris CO
• Mill Creek at 76t" Ave flood protection from shoulders on Reith Rd.
improvements: working with Right of Signs and Markings crew installed bases —
U
Way team to acquire remaining and signs for the retro reflectivity program ;
temporary construction easements. on 132nd Ave SE and SE 240th St. Solid 0
• Skyline sanitary sewer: further Waste crew were removing debris and E
investigation with utilities is needed to illegal signs and hotspot inspections on °
confirm west shoulder availability for 132nd Ave SE.
new sewer line. Utility locate paint Street Vegetation crews have mowed, line a
marks have been completed. Received trimmed and picked up litter on James St
site survey. Developing pothole plan to Hill, SE 256th and Reith Rd, replaced
begin coordination with SeaTac for damaged plants in traffic islands and a
street use permits. replanted tree beds and mulched on Gowe
• 228t" wetland mitigation: site identified St and 4th Ave S. The Sidearm crew were )
L
on the east hill. ICF preparing mowing on S 256th St, 43rd Ave S, 97th PI W
preliminary mitigation plan. Met with S, 72nd Ave S, 132nd Ave SE, 5th Ave N, o
ECD to discuss handling of sewer W Cloudy St, 1st Ave N, 80th PI S, SE
easement subgrade preparation within 192nd St and Military Rd and small fencing
buffer area. Information to be sent to repairs. The Wetland Mitigation crew N
ECD consultant. performed tree removal at Riverview, tree 'c
Environmental: evaluation at Lake Meridian outlet channel, E
• Downey Farmstead restoration - phase 4 planted at Alvin's pond, line trimmed and w
construction plans are being prepared for removed weeds at 72nd Ave site, removed °'
bidding this spring. Funding for final garbage and ivy at Kentview and replaced
construction through Floodplains by Design bird snags at GRNRA. The Wetland c
is in good position as the Governor, House Maintenance crew repaired split rail fencing
and Senate budgets (House and Senate on 128th Ave SE and mow and line
released at the end of the week of March trimmed on 196th Corridor Wetland on
15) all contain sufficient funding for the 72nd Ave S, 256th Flume on 146th Ave SE, c
project. Applewood on 114th Ave SE, Autumn Glen u
• Mini recycle event: the next event on 105th Ave SE, Birdsong Meadows on
scheduled for April 9 at Scenic Hill Park and 116th Ave SE, Blueberry Farm on 108th
accepting textiles, electronics and Ave SE, Brookside Court on 132nd Ave SE,
documents for shredding. Cambridge East Division 1 on Carnaby Way
• Clean Water Act: the annual report for the and Cambridge East Division 3 on 46th Ave
City's municipal stormwater system was SE and encampment cleaned up at South
submitted to Ecology on March 31. Thanks Bend on SE 270th St. The Holding Pond
to all those who contributed to this report. crew mowed and line trimmed at SR 516
Pond #1, #2, #4 and #5 on SE Kent
Page 12 of 13
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5.B
Kangley Rd, Nancy's Grove Tract E and Hwy, installed 2 bar screens at the 98th
Tract F on SE 278th St, Kingsley Glen on Ave dam, installed bollards at Green River
SE 278th St, Lake Meridian North on SE Rd, curb and guttered at 23131 135th Ave
256th St, Park View on 142nd PI SE, Killa Sem installed a catch basin on E
Hans on 142nd PI SE, Brookside Tract A Temperance and line repair on 132nd Ave
and Tract B on 132nd Ave SE, Ward Short SE. The crew have performed National
Plat on SE 209th PI, Boeing Pond on 68th Pollutant Discharge Elimination System
Ave S, South Ridge Estates on SE 282nd (NPDES) assessing on S 228th St and S
St, SR 516 Pond Basin on SE Kent Kangley 226th St (NPEDS) pumping on S 198th St
Rd, Eagle Creek Tract H on SE 282nd St, and W Cloudy St.
Eagle Creek Tract B on SE 281st PI, Sewer crews have replaced the seal at
Allenbach IV on SE 278th St, Kangley Lindental pump #2, cleaned wet wells and
Grove on 135th Ave SE, Bridges #1 on TV inspection on the existing sewer and a
123rd Way SE, Bridges #2 and #3 on storm 2021 overlays on 100th Ave SE, SE CO
121st PI SE, LOE #1 on 147th Ave SE, LOE 208th St, Jason Ave and James St.
#2 on 144th Ave SE, Heatherglen Estates Fleet/Warehouse:
on SE 253rd St, Tahoma Vista on SE 252nd The Warehouse crew continues to maintain
St, Killa Hans on 142nd PI SE, Brookside the shops yard keeping it clean and picked 0
Tract A and Tract B on 132nd Ave SE, up and maintaining the wash rack, E
Aston Crest on 197th PI SE, Country Side assisting with CDL training, issuing °
on SE 248th St, Meridian Place on SE personal protection equipment (PPE's),
256th St, Chateau Meridian on 132nd Ave issue hydrants and public notice boards to a
SE, Roytberg on SE Kent Kangley, Orme contractors, repairing small equipment as
Property on 132nd Ave SE, Woodford Place needed, receiving parts and inventory
on SE 240th St, 240th Pond #1 on SE orders, finalized 2nd quarter DI pipe bid a
240th St, Lake Meridian Pointe on SE 240th requests, and manually open and close
St, Country Club Village #2 on SE 253rd broken East Gate. )
L
St, Taylors Glen on 152nd Ave SE, Meridian Fleet crews were working on preparing
Ridge on 152nd Ave SE, Plat of mowers for spring, had vehicles out at o
Hawkesbury on SE 280th St, Meridian body shops for repair, working on quotes d
Forest on 132nd Ave SE, Shamrock on SE for Force America/Precise AVL systems to
237th PI, Country Club North on 140th Ave be installed in trucks and Vactor trucks, N
SE, Pacific Park on 152nd Ave SE, Meridian prepping vehicles for auction, ordering new c
Pacific on SE 280th PI and Dravon Plat on vehicles, received new vehicles, setting up E
SE Kent Kangley. new vehicles, repaired plows after snow w
Water: event, scheduled and non-scheduled
• Staff continue water main cleaning on maintenance and City Space write ups. The U
Kent's East Hill. Annual large meter testing Radio Shop was programing radios, helping c
is underway on all water meters 3-inches the Jail with radio issues and setting up
and larger throughout the distribution new vehicles.
system. Staff are working on an update to
the water system emergency response plan c
with a goal of completion in June of 2021. ### U
Storm/Sewer:
• Storm crews were cleaning hotspots on S
259th PI and Kensington Ave S, ditch
maintenance at 9421 S 200th St, 26025
147th PI SE and 717 Alvord Ave, pond
maintenance at S 244th St, 116th Ave SE,
117th PI SE, S 272nd St, S 264th PI, SE
270th St and Kent Kangley Rd, manhole
change outs on S 228th St and W Valley
Page 13 of 13
Packet Pg. 18
8.A.1
Pending Approval
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
March 16, 2021
Date: March 16, 2021
Time: 5:02 p.m.
Place: THIS IS A REMOTE MEETING
I. CALL TO ORDER
Council President Troutner called the meeting to order.
Attendee Name Title Status Arrived
Toni Troutner Council President Present c
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present o
L
Satwinder Kaur Councilmember Present Q-
a
Marli Larimer Councilmember Present a
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present a
0
Dana Ralph Mayor Present
LO
II. PRESENTATIONS N
0
N
1 Kent Housing Options Plan Hayley Bonsteel 45 MIN.
Kaelene Nobis E
a
4-
Long Range Planning Manager, Hayley Bonsteel and Planner, Kaelene Nobis
provided Council with an update on the Kent Housing Options Plan (KHOP).
The KHOP has eight chapters:
Chapter 1: Introduction
Chapter 2: Gathering Data about Housing Needs a
Chapter 3: Housing Policy Analysis
Chapter 4: Community and Stakeholder Engagement Q
Chapter 5: Evaluating and Prioritizing Housing Strategies
Chapter 6: Funding Mechanisms
Chapter 7: Strategic Policy Objectives and Actions
Chapter 8: Implementation Plan
Bonsteel and Nobis reviewed results of the community and stakeholder
engagement public meetings, survey and focus groups. One of the focus
groups was with area youth.
What we have heard so far is that the public has a lot of interest in
townhomes, cottages, duplexes and ADUs. Many wanted the City to prioritize
homeownership in addition to more affordable rental housing. There is a high
level if intervention required on behalf of the City to promote ownership
Packet Pg. 19
8.A.1
City Council Workshop Workshop Regular March 16, 2021
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
options. This would look like enabling more duplexes, triplexes, and
townhomes that are more common to be condominium/ ownership
opportunity.
Feedback included concerns with permitting barriers and code barriers and a
general split amongst those who wanted more and less design requirements.
The unintentional effect of too strong of design regulations can be material
costs, and construction costs no longer pencil, and the project might not be
completed.
a�
w
A focus group with Kent Community Development Collaborative (KCDC) was
held on February 19, 2021. KCDC is comprised of seven organizations that 4-
are focused on equitable community development and supporting °
7i
communities of color, immigrants, refugees, and low-income residents in an o
advocacy capacity. The presentation focused on the role of government in a
housing and potential strategies to address increased housing capacity, as a
well as the city's potential partnership with the organization for future
engagement opportunities. a
0
LO
0
Bonsteel discussed Chapter 5: Evaluating and Prioritizing Housing Strategies.
N
O
N
Staff took the four recommended policy areas and recommended actions
from SoKiHo and then expanded on them in KHOP as a jumping off point to L
establish our own strategic policy objectives and actions, which staff will
bring back to the Council for discussion. o
N
r
SoKiHo work identified 4 areas of focus, each with a series of strategies
beneath those. Staff reviewed these 4 "Buckets" and each the items beneath
them as a starting point, and the re prioritized them into High-Priority Near
term, Medium/Medium, and Low priority/ Long term, and Existing/ Continual
Improvement as follows:
Near-Term High-Priority: a
Updated Mobile Home Park Preservation Policy
Multi-Family Development Code Calibration
Middle Housing Zoning Code
Redefine ADU Code
Evaluate, encourage and expand TOD near the I-Line
Medium-Term Medium Priority:
Preservation of naturally occurring affordable housing
Culturally specific support
Tenant protections
Middle housing incentives
Reduced parking requirements
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 4 Packet Pg. 20
8.A.1
City Council Workshop Workshop Regular March 16, 2021
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
Long-Term Low Priority:
Establishment of revolving loan fund for preservation and affordable housing
Other funding mechanisms for affordable housing production
Density bonuses
Existing/Continual Improvement
Rental housing inspection program
Transit Oriented Development in downtown and Midway
Capital plan alignment w
Multi-family tax exemption
4-
The next steps for the KHOP are to conduct an internal review, incorporating i
comments and getting the Mobile Home Park study results in April. Publish o
for the public to review in April. Return to the April 20th City Council a
workshop, hold a public hearing, return to a Committee of the Whole in May a
and then bring to the Council for adoption in June.
a
2 Sound Transit Operations and Mark Howlett 30 MIN. o
Maintenance Facility - South Sound Transit LO
Staff N
0
N
Engineering Supervisor, Mark Howlett introduced South Corridor Government L
and Community Relations Manager, Andrew Austin, Project Director, Curvie
Hawkins and South Corridor Development Director Chelsea Levy who then o
provided Council with an update on the Sound Transit Operations and
Maintenance Facility South ("OMF") project.
Hawkins detailed the Operations and Maintenance Facility South
Environmental Impact Statement Findings and the draft EIS evaluation
cc
process. The OMF South is included in the Sound Transit 3 Plan, is one of
four OMFs planned for the region, will store 144 light rail vehicles, location
and size supports light rail expansion in multiple corridors, and will create a
living-wage jobs for over 470 people.
Hawkins provided details and key features of the Draft EIS evaluation of
three sites: Midway Landfill, South 3361" Street and South 3441" Street.
Hawkins discussed the job creation that the OMF South will create and the
various new positions that will be available. He also discussed at length what
was studied during the environmental review including transportation
impacts, the natural environment as well as the built environment.
Information was provided on the OMF South Environmental Review
Milestones and how and when there are opportunities for public comment on
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 4 Packet Pg. 21
8.A.1
City Council Workshop Workshop Regular March 16, 2021
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
the project.
Meeting ended at 6:29 p.m.
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City Clerk
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Page 4 of 4 Packet Pg. 22
8.A.2
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
March 16, 2021
Date: March 16, 2021
Time: 7:02 p.m.
Place: THIS IS A REMOTE MEETING
1. CALL TO ORDER
Mayor Ralph called the meeting to order.
c
2. ROLL CALL
Attendee Name Title Status Arrived C
Dana Ralph Mayor Present >
Toni Troutner Council President Present
Q.
Bill Boyce Councilmember Present Q-
a
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present a
Marli Larimer Councilmember Present
0
Les Thomas Councilmember Present
Zandria Michaud Councilmember Present c
N
3. AGENDA APPROVAL
L
A. Move to amend the agenda by removing item 9.A. Ordinance Amending
the Comprehensive Plan - Land Use Plan Map Designations o
N
Boyce spoke to the motion and noted that this is a big decision and there are
still many unanswered questions and he wants to take additional time to
review all information before making a decision.
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Councilmember Thomas spoke in opposition of the motion. a
Councilmember Kaur spoke in opposition of the motion.
Councilmember Larimer spoke in opposition of the motion. Q
Councilmember Fincher spoke in support of the motion.
Councilmember Boyce called for the roll.
RESULT: APPROVED [4 TO 3]
MOVER: Bill Boyce, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Troutner, Boyce, Fincher, Larimer
NAYS: Kaur, Thomas, Michaud
B. Move to approve the agenda.
Packet Pg. 23
8.A.2
Kent City Council City Council Regular Meeting March 16, 2021
Minutes Kent, Washington
RESULT: ADOPTED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
4. PUBLIC COMMUNICATIONS
A. Public Recognition
None. y
a�
w
B. Community Events c
Council President Troutner advised of an upcoming mask giveaway event at —
the accesso ShoWare on March 14th from 10 a.m - 12 p.m. Mayor Ralph i
indicated there is a diaper that will be happening at this same event and 0-
encouraged everyone to donate to those in need. a
a
Councilmember Fincher noted that there is an Equity Inclusion Speaker a
Series presentation via Zoom on March 24th at 7 p.m. o
R
ti
Councilmember Thomas noted there is an annual fundraising breakfast for N
Communities in Schools on March 18th 8 a.m. - 9 a.m. N
Mayor Ralph indicated her State of the City address will be held virtually on
March 22nd on March 22nd at 7 p.m. and provided information for viewing this
4-
event. 0
N
C. Public Safety Report
Chief Rafael Padilla provided Council with the Public Safety Report. Chief
Padilla awarded letters of appreciation to two Home Depot employees that
assisted in the closure of a case report that was initially being investigated as
a homicide.
a�
Chief Padilla spoke about a Use of Force Experiential Learning class that N
occurred on March 6t". This class provided community members and
Councilmembers a glimpse into what the Kent Police Department does with
regards to use of force and training. He indicated that there will be future
classes on this and he is hoping to add this to the Police Community
Academy curriculum as well.
Chief Padilla noted that although there were an unusual number of homicides
last year (8) the Detective's unit was able to clear all 8 cases.
Chief Padilla extended his appreciation to the community for their donations
to the blanket drive. There were 298 blankets, 189 pillows, 135 sleeping
bags and numerous pillowcases and tents donated.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 9 Packet Pg. 24
8.A.2
Kent City Council City Council Regular Meeting March 16, 2021
Minutes Kent, Washington
S. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Mayor Ralph discussed the vaccinations that are being given at the accesso
Showare Center.
Mayor Ralph serves as the Chair for the Transportation Policy Board. The
Board recently discussed access to transit, which is how people get to transit
and the many differences around the region. They also discussed the role
that teleworking has played over the past year and the impact that it has
made on transit usage.
Mayor Ralph wrapped up by noting the Kent 101 educational series is in full o
swing with Economic and Community Development on the schedule to
present this week, and they are hoping to run another class again in the fall. o
a
B. Chief Administrative Officer's Report a
Chief Administrative Officer, Derek Matheson informed Council that a a
resolution is in the works to reinstate Council committees and that o
information will be presented to them at the Committee of the Whole
meeting scheduled for March 23, 2021. N
0
N
Matheson also noted that the 2nd day of the Council retreat will be held on
May 7t" at the Kent Senior Center.
4-
Matheson discussed the American Rescue Plan Act and the funds that are 0
available to the City. He noted that an ad-hoc committee will be created to r
discuss best use of the funds. This item will also be presented to Committee
of the Whole on March 23ra
a�
Matheson wrapped up by noting there is no executive session and the rest of
his report is in today's agenda packet.
C. Councilmember's Reports a
Council President Troutner spoke about the presentations during workshop
this evening. Council learned more about the Kent Housing Options Plan
(KHOP) as well as an overview of the Operations and Maintenance Facility
Draft Environmental Impact Statement.
Councilmember Michaud discussed the Police Use of Force Training and
extended her appreciation for the experience.
Michaud sits on the Regional Water Quality Committee and they approved
their 2021 work plan at the last meeting. This work plan includes a monthly
workshop on water quality, sewer rate discussions and nutrient removal
solutions.
Councilmember Kaur serves as Chair for Puget Sound Clean Air Agency
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 9 Packet Pg. 25
8.A.2
Kent City Council City Council Regular Meeting March 16, 2021
Minutes Kent, Washington
Advisory Council and they recevied an update on transportation climate
planning and the wood smoke program review.
Councilmember Kaur attended the meeting for Association of Washington
Cities in regards to the American Rescue Plan.
Kaur also discussed how many faith based organizations are not following
COVID-19 guidelines and asked that people continue wearing their masks
and practicing social distancing.
Councilmember Larimer sits on King County Aging and Disabilities Council
where they received a presentation from three case managers from Adam w
Smith's office who is a Representative of the 9th District. She noted that
these three individuals do nothing but match constituents with federal
4-
services that they may need. °
7i
Councilmember Boyce serves as Vice Chair of the Sound Cities Association o
Public Information Committee in which they took a deep dive on the a
Countywide Policy Planning and Best Starts for Kids levy that expires at the a
end of this year. a
Councilmember Thomas serves on the Puget Sound Regional Fire Authority o
and there will be a remote eemting tomorrow evening.
Councilmember Fincher serves on King Conservation District and noted that N
election for the Board of Supervisors ends on the 23rd of March.
Councilmember Fincher discussed the Looking Forward contest for Arts
Commission and hinted that the next new theme has something to do with
"blooming".
r
6. PUBLIC HEARING
None.
c
7. PUBLIC COMMENT
Todd Minor spoke regarding recent police training with KPD he attended. He a
also spoke in favor of more affordable housing in Kent.
c
Shajaira Lopez expressed appreciation of Council and Chief Padilla for their
work regarding racial equity. She also spoke in relation to the Bridges
community and is in support of multi-family housing.
Bryan Gilderoy is a resident of Seattle, worker at Kent Fred Meyer he asked
Council to consider a hazard pay ordinance for the grocery workers in Kent.
Lindsay Young is a resident of Kent, worker at Kent Fred Meyer and she
asked Council to consider a hazard pay ordinance for the grocery workers in
Kent.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 9 Packet Pg. 26
8.A.2
Kent City Council City Council Regular Meeting March 16, 2021
Minutes Kent, Washington
Jennifer Torrence spoke in support of additional hazard pay for grocery
workers.
Eydie Leighty spoke about insufficient public notice regarding the Bridges as
well as vesting and impact to environment and area residents.
Marlene Creaser a resident of the Bridges community, requested Oakpointe
follow through with their original plans for this area.
Dean Compaan spoke about the Bridges community and requested Auburn
and Kent come to a mutual agreement about what to do with this area.
Lesley Carr a resident of the Bridges asked Council to review the City's —
mission statement when making a decision on this item.
0
L
Jim Carr a resident of the Bridges said he will provide comment on this item a
when it is brought back before Council. a
Kim Anardi, a resident of the Bridges spoke about the communication he o
received when he bought into the community regarding it being annexed into
Auburn. N
0
N
Kym Hytrek, a resident adjacent to the Bridges community, spoke about the
lack of notification regarding the change in land use designation as well as
her concerns about the wetland setbacks.
0
N
Art Weichbrodt, a resident adjacent to the Bridges community, spoke about r
the way that the process has been delivered in regard to the land use
designation changes in the area.
a�
Rich Ishii-Huffer spoke in support of grocery workers and encouraged hazard
pay consideration. He also spoke regarding the Bridges community and the
desire of Oakpointe to over-develop the area to make more money. a
Shawn Roller spoke against the proposed approval of the ordinance
amending the Comprehensive Plan - Land Use Plan Map Designation in the
Bridges community.
David Blair spoke about the evictions ordinance and recommend it be
changed to 60 days.
Anitalane Blair voiced her concerns over seniors being evicted with little to no
notice.
Jeff Watling provided Council kudos for passing the Park Impact Fee
ordinance. Wating spoke about the Bridges community and encouraged
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 9 Packet Pg. 27
8.A.2
Kent City Council City Council Regular Meeting March 16, 2021
Minutes Kent, Washington
Council to consider the sequencing of events regarding land use amendment
and annexation.
Brian Ross, from Oakpointe, noted that Auburn does not want to move
forward with annexation. He looks forward to working with Kent. Ross
indicated this Comprehensive Plan Amendment is to do housing, not to
exclude retail. The ultimate goal is to add housing with attainable housing
prices.
Nancy Rogers, attorney for Oakpointe, indicated that the goal is to add
housing as a potential use for this piece of property so it can be developed
within the City of Kent.
4-
0
Mayor Ralph noted that discussions continue with the City of Auburn to
address Auburn's concerns. 0
a
A. Move to admit as Public Comment the petition received by email from a
Edyie Leighty on Monday, March 15th, 2021, as well as the attached
petition and comments, along with all other comments received by 4 p.m. a
on March 16, 2021, related to The Bridges/Oakpointe ordinance amending R
the Comprehensive Plan which is set for Other Business.
N
O
RESULT: APPROVED [UNANIMOUS] N
MOVER: Toni Troutner, Council President
L
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud —
N
r
8. CONSENT CALENDAR
Move to approve Consent items A - I.
c
RESULT: APPROVED [UNANIMOUS] 2
MOVER: Toni Troutner, Council President
SECONDER: Les Thomas, Councilmember a
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud a
c
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Mar 2, 2021 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Mar 2, 2021 7:00
PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
Mar 9, 2021 4:00 PM
B. Payment of Bills - Authorize
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 6 of 9 Packet Pg. 28
8.A.2
Kent City Council City Council Regular Meeting March 16, 2021
Minutes Kent, Washington
MOTION: Authorize the payment of bills received through
2/28/21 and paid on 2/28/21 and approve the checks issued
for payroll 2/16/21-2/28/21 and paid on 3/5/21, all audited
by the Committee of the Whole on March 9, 2021
C. Ordinance Updating Transportation Impact Fees - Adopt
MOTION: Adopt Ordinance No. 4397, amending Chapter 12.14
of the Kent City Code, entitled ""Transportation Impact Fees" to
incorporate a new rate study for transportation impact fees and
update other subsections accordingly.
w
D. Resolution - Authorizing Annual Participation in Main Street c
Tax Incentive Program with Kent Downtown Partnership -
4-
Adopt 0
7i
MOTION: Adopt Resolution No. 2021, authorizing annual o
participation in the main street tax incentive program with the a
Kent Downtown Partnership, authorizing the Mayor to a
contribute up to the maximum permitted by the program, and
authorizing the Mayor to enter into an agreement with the Kent o
Downtown Partnership to memorialize the City's annual R
contribution with terms and conditions acceptable to the City N
Attorney. N
E. Park Impact Fee and Recreation Facilities Ordinance - Adopt
L
MOTION: Adopt Ordinance No. 4398, enacting Chapter 12.16 of
the Kent City Code imposing park impact fees in accordance o
with the 2021 City of Kent Park Impact Fee Study, and a
amending Chapters 12.04 and 15.09 of the Kent City Code to
revise the recreation and open space requirements for
subdivisions and multifamily projects, as presented by staff.
c
F. Resolution Amending Kent City Code Fees - Adopt
a
MOTION: Adopt Resolution No. 2022, repealing Resolution No.
2009 and readopting the existing fees with the addition of fees a
associated with the administration of impact fees.
G. Amendment with Axon Enterprise, Inc for Additional Body
Worn Cameras - Authorize
MOTION: Authorize the Mayor to sign a contract amendment
with Axon Enterprise, Inc. to purchase 40 additional body worn
cameras, with associated software, equipment, and licenses for
a total cost of $442,982.95 through the contract's remaining
five year term, amend the budget, and authorize future
purchases through the existing contract so long as those
purchases can be made within established budgets, with terms
and conditions acceptable to the Police Chief and City Attorney.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 7 of 9 Packet Pg. 29
8.A.2
Kent City Council City Council Regular Meeting March 16, 2021
Minutes Kent, Washington
H. Ordinance Amending Chapter 6.02 of the Kent City Code to
Adopt 2021 Design and Construction Standards - Adopt
MOTION: Adopt Ordinance No. 4400, amending chapter 6.02 of
the Kent City Code to adopt the 2021 Design and Construction
Standards.
I. Traffic Signal Warehouse Lease Agreement - Authorize
MOTION: Authorize the Mayor to sign all necessary documents
to lease warehouse space for 36 months at the Plemmons
Industrial Park for traffic signal system storage and workspace, w
subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
4-
0
9. OTHER BUSINESS
0
None.
a
A. The Bridges/Oakpointe - Ordinance Amending the a
Comprehensive Plan Land Use Map - CPA 2019-6* - Adopt a
0
MOTION:
(APPROVAL): Adopt Ordinance No. 4401, approving
comprehensive plan amendment CPA-2019-6, changing the N
land use designation for 13.2 acres of The Bridges PUD from
Urban Separator to Low Density Multifamily, as proposed by L
the applicant.
4-
0
(DENIAL): Deny comprehensive plan amendment CPA-2019-6, r
requesting a change in the land use designation for 13.2 acres
of The Bridges PUD from Urban Separator to Low Density
Multifamily.
c
RESULT: PULLED a
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10. BIDS
None.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
Mayor Ralph adjourned the meeting at 8:44 PM.
Meeting ended at 8:44 p.m.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 8 of 9 Packet Pg. 30
8.A.2
Kent City Council City Council Regular Meeting March 16, 2021
Minutes Kent, Washington
1( vn�ley A. Ko-p L c-
City Clerk
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Page 9 of 9 Packet Pg. 31
8.A.3
Pending Approval
Kent City Council - Committee
• of the Whole
KENT Committee of the Whole -
WASHINaTON
Regular Meeting
Minutes
March 23, 2021
Date: March 23, 2021
Time: 4:00 p.m.
Place: THIS IS A REMOTE MEETING
as
1. CALL TO ORDER
c
Council President Troutner called the meeting to order.
0
2. ROLL CALL >
Attendee Name ETitle Status Arrived
Q.
Toni Troutner Council President Present Q-
a
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present as
Satwinder Kaur Councilmember Present o
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present c
Les Thomas Councilmember Present N
Dana Ralph I Mayor Present N
L
3. AGENDA APPROVAL 4-
0
No changes to the agenda.
4. DEPARTMENT PRESENTATIONS
A. American Rescue Plan Framework Committee - Authorize
c
Chief Administrative Officer, Derek Matheson provided information on the �.
American Rescue Plan Act. The City will be receiving $28.41 million to be
used by the end 2024 for responding to the pandemic; costs for public health Q
response, replacing decreased revenues, addressing impact on local
businesses; and investing in infrastructure. Matheson discussed the ='
formation of an ad-hoc committee called the American Rescue Plan
Framework Committee. This committee will consist of the Mayor, two
councilmembers, the Chief Administrative Officer and Finance Director. The
committee will bring recommendations to the Council of a high-level
framework for allocation of Coronavirus Local Fiscal Recovery Funds.
Packet Pg. 32
8.A.3
Kent City Council - Committee of the Whole March 23, 2021
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
MOTION: Authorize the Mayor to form an ad-hoc American
Rescue Plan Framework Committee consisting of the mayor,
two councilmembers, the chief administrative officer, and
finance director to recommend to the city council a high-level
framework for allocation of Coronavirus Local Fiscal Recovery
Funds.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/6/2021
7:00 PM
N
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3
B. INFO ONLY: Resolution Regarding Council Bylaws, Rules and
Procedures Eliminating Committee of the Whole and 4-
Establishing Various Committees °
7i
Matheson provided a recap of the events that have led up to the decision to 0
eliminate the Committee of the Whole and return to the committee format. a
Councilmembers Troutner, Fincher, and Boyce were members of the a
committee that brought a recommendation to the Council on February 23ra a
Council agreed on the recommendation to reinstate the committee structure. o
Matheson worked with City Attorney, Pat Fitzpatrick to revise council rulesCD
N
and correct inconsistencies. N
M
N
Fitzpatrick walked the Council through the resolution regarding Council
bylaws, rules and procedures. The resolution will eliminate the Committee of 4-
the Whole and establish the following standing committees: Operations and °
N
Public Safety, Economic and Community Development, Parks and Human
Services and Public Works. The Operations and Public Safety Committee will
be a committee of the entire council and all other committees will consist of
three councilmembers. The meeting dates and times for these committees
will be established in accordance with the resolution and will be effective
starting August 30, 2021.
Fitzpatrick sought guidance on whether councilmembers want to have the
ability to attend meetings remotely. Fitzpatrick suggested limiting number of ;
meetings they can attend remotely and limit the number of councilmembers
that can attend remotely for the same meeting. Additionally, Fitzpatrick
noted that the resolution will allow for remote attendance of citizens at full
council meetings post-COVID, and addresses a number of housekeeping
matters.
Councilmembers spoke in support or providing for the ability to attend
meetings remotely and agreed to limiting remote attendance to three
calendar days per year or with special permission.
Fitzpatrick explained a new bill that is likely to pass in legislature that will
................................................................................................................................................................................................................. ..............................................
Page 2 of 7 Packet Pg. 33
8.A.3
Kent City Council - Committee of the Whole March 23, 2021
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
require the City provide for remote attendance by the public.
Council discussed the appointment of the chair of the operations/public
safety committee. It was brought up that historically the senior most
councilmember served as the chair. There was council discussion surrounding
this tradition as well as the role of the chair on any committee.
Fitzpatrick reviewed various other updates and clean-up items in the
resolution and indicated he will take the conversation into consideration and
make the requested revisions and bring it back to the Committee of the
Whole for further review and discussion.
4-
C. Ordinance Establishing 40-Day Additional Notice for 0
7i
Termination of Month-to-Month Rental Arrangement - Adopt o
0
City Attorney, Pat Fitzpatrick presented an ordinance that establishes a 40- a
day additional notice for termination of a month-to-month rental
arrangement. This ordinance provides that a landlord shall provide to the a
tenant a written "Warning of Intent to Terminate Tenancy" 40 days' prior to c
the time required by RCW 59.18.200(1)(a) for the issuance of the 20-day
notice of termination. The ordinance was originally presented at the March 91 o
2021 Committee of the Whole and has been brought back with Council's N
M
recommended revisions allowing for a mutual waiver of the 40-day notice L
requirement and making it effective August 1, 2021.
4-
0
Fincher offered revising the method of service to the date the notice is
postmarked. Councilmembers agreed to the revision and moving this item to
the Council consent agenda.
MOTION: Adopt Ordinance No. 4399, adopting a new chapter
10.03 to the Kent City Code which establishes a 40-day notice
requirement before a landlord issues a 20-day notice of
termination of a month to month rental arrangement. a
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/6/2021
7:00 PM
D. Interlocal Agreement For the Purpose of Pooling Sales Tax
Receipts with South King Housing and Homelessness Partners
("SKHHP") Cities to Administer Funds Under RCW 82.14.540 -
Authorize
Human Services Manager, Merina Hanson presented the 2021 Interlocal
Agreement with South King Housing and Homelessness Partners (SKHHP) for
the purpose of pooling sales tax receipts. Hanson provided background
information and discussed the ultimate goals of the partnership.
................................................................................................................................................................................................................. ..............................................
Page 3 of 7 Packet Pg. 34
8.A.3
Kent City Council - Committee of the Whole March 23, 2021
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Hanson reviewed the purpose of the 2021 interlocal agreement to pool each
member's tax receipts specifically received under RCW 82.14.540 for use by
SKHHP in funding affordable and supportive housing projects and/or
programs as permissible under RCW 82.14.540. The ultimate control of
whether these tax monies contributed by the City of Kent will be spent for
any particular purpose under this agreement will remain with the City. Once
established, SKHHP housing capital fund has the potential to leverage much
greater public and private investment.
N
MOTION: Authorize the Mayor to enter into an Interlocal w
Agreement For the Purpose of Pooling Sales Tax Receipts with
South King Housing and Homelessness Partners ("SKHHP")
Cities to Administer Funds Under RCW 82.14.540, and to °
authorize the mayor to sign the agreement subject to final o
terms and conditions acceptable to the Parks, Recreation and a
Community Services Director and City Attorney. a
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/6/2021 a
7:00 PM R
E. INFO ONLY: Human Services 2021-2022 Funding Update o
N
Merina Hanson presented the 2021-2022 Human Services funding update. N
Hanson reviewed the three funding sources that Human Services grants are
comprised of; Human Services General Fund, Community Development Block
4-
Grant (CDBG) and Community Development Block Grant Coronavirus 0
Funding (CDBG-CV) Round 1 and Round 3 (these funds are one-time only r
and must be directly tied to coronavirus impacts).
Hanson provided an overview of the background of funding, the funding
process from the strategic plan to monitoring of the contracts. Hanson a
advised funding is allocated by priority. Programs by priority area were
reviewed. a
Hanson reviewed some of the funding highlights:
• 106 applications were submitted in 2020 and requested funds totaled
$2,672,421.
• $1,069,920.00 General Fund human services investments allocated;
including 12 new programs funded.
• $170,979.00 in CDBG Public Services funding allocated.
• Additional $670,541 in federal CDBG-CV Round 1 funds allocated with a focus
on equity and impacts of covid-19. CDBG-CV Round 3 includes $859,720 in
funds that will be allocated Q2 in 2021.
Hanson advised that the level of need will always be higher than the
allocation and indicated that in addition to funding services and managing
................................................................................................................................................................................................................. ..............................................
Page 4 of 7 Packet Pg. 35
8.A.3
Kent City Council - Committee of the Whole March 23, 2021
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
contracts, staff is also involved in national, state, and local policy analysis
and development, assessment of local needs, trends and best practices,
technical assistance for partner organizations to building community
capacity, partnerships with community and local government organizations to
provide and leverage comprehensive, coordinated and integrated human
services, and the evaluation of city funding investments.
Hanson provided an update on the equity analysis process.
F. INFO ONLY: Youth Mental Health Funding Update 3
Senior Human Services Coordinator, Lori Guilfoyle provided Council with a
youth mental health funding update. During the 2021 budget process, —
$200,000 was set aside for one-time use of funds to support youth mental
health and well-being in Kent. Guilfoyle noted that funding and supporting o
enhanced mental health support as part of Kent's pandemic recovery plan a
will help ensure that children and youth receive the assistance they need a
during the immediate crisis. Strengthening programs that help young people a
manage stress and build resiliency is essential to youths' current and future o
health.
N
Guilfoyle reviewed the Request for Proposal criteria and process that began N
in February to help identify programs that will promote youth mental and N
emotional well-being, preventing mental health challenges from becoming
chronic or disabling. Sixteen proposals were received by the due date, and
4-
the total request was $782,500. The review panel consisted of five external °
N
reviewers and one Human Services staff member. �?
Guilfoyle reviewed the details of the allocations.
a�
Guilfoyle reviewed next steps to work with organizations to identify similar a
indicators of success, develop scope of work and enter into contracts, collect
data and lessons learned throughout the grant period, and identify a
opportunities to leverage additional funds for youth mental health supports in
the community.
Guilfoyle anticipates contracts to be in place by early April.
G. Consultant Services Agreement with KBA, Inc. for the South
212th Street Preservation Project - Authorize
Public Works Engineering Construction Manager, Eric Conner gave a brief
presentation on a consultant services agreement with KBA, Inc. for the South
212th Street overlay project.
Page 5 of 7 Packet Pg. 36
8.A.3
Kent City Council - Committee of the Whole March 23, 2021
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with KBA, Inc. for contract administration,
management, quality control, and inspection in an amount not
to exceed $198,800 for the South 212t" Street Preservation
Project - 72nd Avenue South to 84th Avenue South, subject to
final terms and conditions acceptable to the City Attorney and
Public Works Director.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/6/2021 y
7:00 PM °.�'
c
H. Payment of Bills - Authorize 4-
0
MOTION: Authorize the payment of bills received through
3/15/2021 and paid on 3/15/2021, and authorize the checks 0
issued for payroll for 3/1/21-3/15/21 and paid on 3/19/21, all a
audited by the Committee of the Whole on 3/23/21. --
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/6/2021 c
7:00 PM
N
CD
I. Interlocal Agreement with FileLocal for City of Kent Business N
Licenses - Authorize N
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Finance Director, Paula Painter reviewed an interlocal agreement with
FileLocal for City of Kent business licenses. Painter advised that RCW —
35.90.020 requires cities with general business license for business activities a
to join either the state business license system or the FileLocal system to
administer city business licenses online. Painter indicated that staff has
evaluated both business license systems and has chosen to join ten other
cities to become part of FileLocal.
a
Painter noted that FileLocal will eventually allow the City to administer both
its business licenses and local business & occupation taxes in the same a
system, allowing local businesses to accomplish both tasks on one website.
About a year ago, and through an act of legislation, the City was granted a
one-year extension to July 1, 2021, to join FileLocal. Beyond that date, the
City would be required to join the state business license system. Painter
noted that entering into the interlocal agreement is the next step in ensuring
the City is on track to meet the July 1, 2021 deadline.
MOTION: Authorize the Mayor to sign an Interlocal Agreement
between FileLocal and the City of Kent, subject to final terms
and conditions acceptable to the City Attorney and Finance
Director.
................................................................................................................................................................................................................. ..............................................
Page 6 of 7 Packet Pg. 37
8.A.3
Kent City Council - Committee of the Whole March 23, 2021
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/6/2021
7:00 PM
S. ADJOURNMENT
Council President Troutner adjourned the meeting.
Meeting ended at 6: 15 p.m.
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Kerley A. K&mot&
City Clerk —
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Page 7 of 7 Packet Pg. 38
8.6
•
KENT
W A S M I N G T O N
DATE: April 6, 2021
TO: Kent City Council
SUBJECT: Payment of Bills - Authorize
MOTION: Authorize the payment of bills received through 3/15/2021 and
paid on 3/15/2021, and authorize the checks issued for payroll for
3/1/21-3/15/21 and paid on 3/19/21, all audited by the Committee of the
Whole on 3/23/21.
SUMMARY:
Approval of payment of the bills received through----- 03/15/21
and paid 03/15/21
Approval of checks issued for Vouchers:
Date Document Numbers Amount
03/15/21 Wire Transfers 8668 8687 $2,389,481.25
03/15/21 Regular Checks 751647 752031 $5,107,062.26
03/15/21 Payment Plus 103044 103088 $119,174.51
Void Checks $0.00
03/15/21 Use Tax Payable $3,133.72
$7,618,851.74
Approval of checks issued for Payroll: 3/1/21-3/15/21
and paid 3/19/2021
Date Document Numbers Amount
3/19/2021 Checks
Voids and Reissues
3/19/2021 Advices FR&P 463114 463123 $7,288.06
3/19/2021 $1,838,905.97
$1,846,194.03
03/23/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 4/6/2021 7:00 PM
Packet Pg. 39
8.0
•
KENT
W A S M I N G T O N
DATE: April 6, 2021
TO: Kent City Council
SUBJECT: Accept the Briscoe Desimone Levee Improvements - Reach
1 River Mile 14.75 to 14.96 Mitigation Planting Project as
Complete - Authorize
MOTION: Authorize the Mayor to accept the Briscoe Desimone Levee
Improvements Reach 1 RM 14.75 to 14.96 Mitigation Planting Project as
complete and release retainage to Watershed Environmental Solutions, LLC
upon receipt of standard releases from the State and the release of any
liens.
SUMMARY: This project is part of the Briscoe-Desimone levee improvements and
consisted of planting and maintaining 300 native trees and 5,000 shrubs along the
Green River upstream of Reach 1 within Tukwila city limits. The project included
spreading 3" of arborist chip mulch along the riverbank and securing the chips with
coir fabric. Maintenance of plantings was also included which consisted of weeding
and watering for 3-years after installation to ensure plant survival. Kent has an
interlocal agreement with Tukwila for work within their city limits.
The final contract total paid was $274,938.85 which is $34,481.51 over the original
contract amount of $240,457.34.
BUDGET IMPACT: The City of Kent has an interlocal agreement with the King
County Flood Control District (FCD) for design and construction of Briscoe-
Desimone Levee Improvements. The agreement included $18 million of funding
from the Washington State Dept. of Ecology and the FCD. This project was included
in the $18 million.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 40
8.D
•
KENT
W A S M I N G T O N
DATE: April 6, 2021
TO: Kent City Council
SUBJECT: American Rescue Plan Framework Committee - Authorize
MOTION: Authorize the Mayor to form an ad-hoc American Rescue Plan
Framework Committee consisting of the mayor, two councilmembers, the
chief administrative officer, and finance director to recommend to the city
council a high-level framework for allocation of Coronavirus Local Fiscal
Recovery Funds.
SUMMARY:
Congress adopted and the President signed the American Rescue Plan Act in early
March, which includes $65 billion in Coronavirus Local Fiscal Recovery Funds for
local governments. The City of Kent expects to receive $28.41 million to cover costs
incurred by the end of 2024 for:
• Responding to the COVID-19 pandemic
• Covering costs incurred from the public health emergency
• Replacing lost, delayed, or decreased revenues due to COVID-19
• Addressing the negative economic impacts on local businesses and nonprofits
• Making necessary investments in water, sewer, and broadband infrastructure
Staff suggests the council form an ad-hoc committee to meet for approximately one
month and recommend for City Council approval a high-level framework to invest
Kent's Coronavirus Local Fiscal Recovery Funds. The committee could consist of the
mayor, two councilmembers (appointed by the City Council president to represent
different viewpoints on the City Council), the chief administrative officer, and
finance director. The committee could operate on a consensus model.
The council could modify staff's suggested committee's composition and/or adopt
an entirely different approach.
Once the council adopts a high-level framework, the council could use the same
committee or a different approach to make recommendations on specific
investments consistent with the framework.
BUDGET IMPACT: $28.41 million in new revenue
Packet Pg. 41
8.D
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Fact Sheet (PDF)
03/23/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 4/6/2021 7:00 PM
Packet Pg. 42
8.D.a
The American Plan
2021
Providing direct flexible funding to cities across the country
President Joe Biden recently signed the American In addition to city funding,the ARP provides $1.4 N
Rescue Plan Act (ARP) into law.The sweeping $1.9 billion to Washington counties and critical funding o
trillion federal relief plan brings much needed to social programs, schools, small businesses, and
financial assistance to individuals, businesses, and individuals. Q
local governments across the nation.
The bill includes funding for: r
Under the plan, U.S. cities and towns will receive E
$65.1 billion in direct and flexible federal funds. Agriculture and nutrition programs, including o
The funding will begin to arrive in the next couple extending SNAP and Pandemic EBT to keep U
of months and will be distributed in two tranches: families fed through the pandemic; c
the first in 2021 and a second in 2022. Schools and institutions of higher education to
safely reopen schools, address learning loss, and E
Washington citiesare support students and staff, including broadband U_
support for students;
projected to receive more than
• Childcare to help sustain providers and expand .
federaln 1%1 .1 billion in • • childcare assistance to 857,000 children;
Cities can use ARP funds for: COVID-19 vaccinations,testing,treatment,
and prevention, especially for hard-to-reach
• Responding to the COVID-19 pandemic communities;
L
• Covering costs incurred from the public health Mental health and substance use disorder services; E
emergency Q
• Emergency rental assistance, homeowner
• Replacing lost, delayed, or decreased revenues assistance, and other housing programs to help to
due to COVID-19 families pay rent, mortgages, and utilities;
• Addressing the negative economic impacts on • Transit agencies to prevent transit worker layoffs
local businesses and nonprofits and prevent severe cuts to transit services that v
• Making necessary investments in water, sewer, essential workers and the public rely on;
CU
and broadband infrastructure Small business assistance, including specific `_
.
programs for restaurants and live venues;
A chart of projected allocations for cities is available E
on our website.The estimates are not official • Tribal government services;
values and are subject to change. • Extending enhanced unemployment benefits Q
through September 2021, providing an additional
Funds will beavailable $300 per week, on top of all state unemployment
19, P benefits;and
to cities through • Expanding the Child Tax Credit and the Earned
Income Tax Credit,two powerful and effective
tools to end poverty.
Peter B.King Jacob Ewing
Contact-,
Chief Executive Officer Legislative&Policy Analyst /�`.,�
peterk@awcnet.org jacobe@awcnet.org A
ASSOCIATION
Association of Washington Cities 1076 Franklin St SE,Olympia,WA 98501 1.800.562.8981 wacities.org Packet Pg. 43
8.E
140
KENT
DATE: April 6, 2021
TO: Kent City Council
SUBJECT: Ordinance Establishing 40-Day Additional Notice for
Termination of Month-to-Month Rental Arrangement -
Adopt
MOTION: Adopt Ordinance No. 4399, adopting a new chapter 10.03 to the
Kent City Code which establishes a 40-day notice requirement before a
landlord issues a 20-day notice of termination of a month to month rental
arrangement.
SUMMARY: It was recently reported that the City of Kent ranks as the 8th most
ethnically diverse city in the nation. The Kent School District reports on its website
that over 130 languages are spoken in the homes of school district students.
Based on the American Community Survey 2019 five-year census data, 44% of
Kent's housing units are renter-occupied. With a high rental rate and diversity of
languages, there is risk that a portion of the renting community will not be able to
easily understand the terms of a rental agreement, and may have challenges in
finding housing when faced with the end of the landlord-tenant relationship.
State law, set forth in RCW 59.18.200(1)(a), provides that with respect to a month
to month or other period to period residential rental arrangement, tenancy can be
terminated by either the landlord or the tenant with written notice of 20 days or
more preceding the end of the month in which the tenancy is to be terminated.
This means, for example, that in a month with 30 days, as long as the notice to
terminate is provided to the tenant in writing by the 10th of the month, the tenant
will be required to vacate by the end of the month. Note that if the notice is
delivered later than the 10th of the month, the tenant would not be required to
vacate until the end of the following month.
A short 20-day period before a residential tenant is required to vacate has the
potential to result in the vacating tenant's inability to find alternative housing,
especially when occupancy rates are high and housing is difficult to find. Language
barriers may exacerbate the difficulty presented by the 20-day period.
This ordinance provides that with respect to a month to month or other period to
period residential rental arrangement, a landlord shall provide to the tenant a
written "Warning of Intent to Terminate Tenancy" 40 days prior to the time required
Packet Pg. 44
8.E
of RCW 59.18.200(1)(a) for the issuance of the 20-day notice of termination. The
tenant and landlord may waive the 40-day requirement by mutual agreement after
the notice is provided to the tenant. A violation of the City's ordinance provides the
tenant with an affirmative defense to eviction.
The ordinance was considered by the Committee of the Whole on March 9 and
March 23, 2021.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Rental Ordinance - Additional 40 Day Notice for Month to Month (PDF)
03/09/21 Committee of the Whole RECOMMENDED TO
COMMITTEE OF THE WHOLE
RESULT: RECOMMENDED TO COMMITTEE OF THE WHOLE
[UNANIMOUS] Next: 3/23/2021 4:00 PM
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud,
Thomas
03/23/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 4/6/2021 7:00 PM
Packet Pg. 45
8.E.a
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ORDINANCE NO. 4399
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AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the Kent City
Code to create a new Chapter 10.03 relating to
Residential Landlord-Tenant Regulations, and
requiring a landlord to provide a written Warning of 2
Intent to Terminate Tenancy no less than 40 days w
prior to the issuance of the 20-day notice of
termination of a month to month or period to period
tenancy required of RCW 59.18.200(1)(a).
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RECITALS
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A. It was recently reported that the City of Kent ranks as the 8t" c
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most ethnically diverse city in the nation. The Kent School District reports a
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on its website that over 130 languages are spoken in the homes of school r
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district students.
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B. Based on the American Community Survey 2019 five-year o
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census data, 44% of Kent's housing units are renter occupied. With a high
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rental rate and diversity of languages, there is risk that a portion of the
renting community will not be able to easily understand the terms of a rental
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agreement, and may have challenges in finding housing when faced with the
end of the landlord-tenant relationship. a
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C. State law, set forth in RCW 59.18.200(1)(a), provides that with
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respect to a month to month or other period to period residential rental 0
arrangement, tenancy can be terminated by either the landlord or the tenant
with written notice of 20 days or more preceding the end of the month in
which the tenancy is to be terminated. This means, for example, that in a E
1 Chapter 10.03 relating to Q
Residential Landlord-Tenant
Regulations
Packet Pg. 46
8.E.a
month with 30 days, as long as the notice to terminate is provided to the 0
tenant in writing by the lOt" of the month, the tenant will be required to r2
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vacate by the end of the month. Note that if the notice is delivered later z
than the 10t" of the month, the tenant would not be required to vacate until o
the end of the following month.
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D. A short 20-day period before a residential tenant is required to
vacate has the potential to result in the vacating tenant's inability to find c
alternative housing, especially when occupancy rates are high and housing
is difficult to find. Language barriers may exacerbate the difficulty presented w
by the 20-day period.
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E. This ordinance provides that with respect to a month to month o
or other period to period residential rental arrangement, a landlord shall
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provide to the tenant a written "Warning of Intent to Terminate Tenancy" �
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40 days prior to the time required of RCW 59.18.200(1)(a) for the issuance o
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of the 20-day notice of termination. 0
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE o
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SECTION 1. - Amendment. Title 10 of the Kent City Code is amended to c
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add a new Chapter 10.03 entitled "Residential Landlord-Tenant �
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Regulations," as follows:
CHAPTER 10.03 cc
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Residential Landlord-Tenant Regulations o
Sec. 10.03.010. Purpose. The purpose of this chapter is to r
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establish regulations related to rental housing in order to reduce barriers to
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the ability of tenants to find new housing when a month-to-month lease or
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a lease for an indefinite term is terminated, while also not interfering with
2 Chapter 10.03 relating to .2
Residential Landlord-Tenant
Regulations
Packet Pg. 47
8.E.a
the ability of a landlord to manage its property-related business without 0
undue or overly burdensome regulation or risk.
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Sec. 10.03.020. Definitions. Unless otherwise specifically defined, o
all terms used in this chapter shall have the same meaning as provided for
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in Chapter 59.18 RCW, as now enacted or hereafter amended. Whenever
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there is a reference to any section or subsection of Chapter 59.18 RCW, v
that reference shall include any future amendment or recodification of that c
section or subsection.
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Sec. 10.03.030. Warning of Intent to Terminate Tenancy of
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month to month or period to period lease — Affirmative defense. _
A. When a landlord intends to terminate a rental arrangement 0
subject to and in accordance with RCW 59.18.200(1)(a), the landlord shall,
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no less than 40 days prior to the time required for issuance of the notice in
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RCW 59.18.200(1)(a), and in addition to the notice required of RCW o
59.18.200(1)(a), issue a written Warning of Intent to Terminate Tenancy 0
which shall be delivered to the tenant by first-class U.S. mail addressed to c
the tenant. The date of issuance shall be the date the notice is postmarked a
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by the U.S. mail system, or personally delivered to the tenant who is
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responsible for paying rent. The failure of a landlord to provide notice as z°
required of this section shall constitute an affirmative defense to any legal o
action brought by the landlord to recover possession of the dwelling unit.
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B. The written Warning of Intent to Terminate Tenancy shall
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conform to the following:
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1. It shall contain a statement that the landlord intends to a
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terminate the tenancy; and
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2. It shall contain the date the landlord intends to r
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terminate the tenancy.
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3 Chapter 10.03 relating to .2
Residential Landlord-Tenant
Regulations
Packet Pg. 48
8.E.a
C. The notice required of RCW 59.18.200(1)(a) may be issued .0
contemporaneously with the notice required of this section.
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D. The notice required of this subsection may be rescinded in o
writing by the landlord at any time. In the event the notice is rescinded, the
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landlord shall, for any future termination, be required to comply with the
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time-period set forth in subsection A as if the previous notice was not
issued.
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E. The 40-day time period required of subsection A of this section w
may be waived by mutual agreement of the landlord and tenant; provided,
the waiver must be in writing and may only be waived at the time of
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issuance required of this section or thereafter. The waiver permitted in this o
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subsection shall not be a condition of any written or verbal rental
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arrangement.
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F. Nothing set forth in this section shall relieve the landlord or r
tenant of any responsibility or requirement set forth in Title 59 RCW. c
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SECTION 2. - Severability. If any one or more section, subsection,
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or sentence of this ordinance is held to be unconstitutional or invalid, such z°
decision shall not affect the validity of the remaining portion of this ordinance o
and the same shall remain in full force and effect.
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SECTION 3. - Effective Date. This ordinance shall take effect and be
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in force starting August 1, 2021, which is more than 30 days from and after
its passage.
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Residential Landlord-Tenant
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Packet Pg. 49
8.E.a
April 6, 2021 0
DANA RALPH, MAYOR Date Approved 0
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ATTEST:
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April 6, 2021 Q
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted o
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April 9, 2021 a�
Date Published
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APPROVED AS TO FORM: CU
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ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY =a
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Packet Pg. 50
8.F
•
KENT
W A S M I N G T O N
DATE: April 6, 2021
TO: Kent City Council
SUBJECT: Interlocal Agreement For the Purpose of Pooling Sales Tax
Receipts with South King Housing and Homelessness
Partners ("SKHHP") Cities to Administer Funds Under RCW
82.14.540 - Authorize
MOTION: Authorize the Mayor to enter into an Interlocal Agreement For
the Purpose of Pooling Sales Tax Receipts with South King Housing and
Homelessness Partners ("SKHHP") Cities to Administer Funds Under RCW
82.14.540, and to authorize the mayor to sign the agreement subject to
final terms and conditions acceptable to the Parks, Recreation and
Community Services Director and City Attorney.
SUMMARY:
In 2019, the Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent,
Normandy Park, Renton, Tukwila, and King County entered into an Interlocal
Agreement creating South King Housing and Homelessness Partners ("SKHHP").
The goal of this partnership is to ensure the availability of housing that meets the
needs of all income levels in South King County. This also includes providing a
sound base of housing policies and programs in South King County to complement
the efforts of existing public and private organizations to address housing needs.
The initial 2019 Interlocal Agreement serves as a framework for all participating
municipalities within the broader SKHHP jurisdictions. On November 22, 2019, the
SKHHP Executive Board took unanimous action to adopt SKHHP Resolution 2019-06
urging each of the nine member jurisdictions to pool 100 percent of the tax receipts
collected under the provisions of RCW 82.14.540 which expressly anticipates
pooling of these receipts.
The purpose of this 2021 Interlocal Agreement is to allow each of the parties to
pool its tax receipts specifically received under RCW 82.14.540 for use by SKHHP in
funding affordable and supportive housing projects and/or programs as permissible
under RCW 82.14.540. Pooling tax receipts received in this way will allow the use of
the funds to leverage other funds and will make a more meaningful and significant
impact on affordable housing. This multiplier effect is central to SKHHP's goal to
maximize the impact of the tax funds authorized by RCW 82.14.540.
Ultimate control of whether these tax monies contributed by the City of Kent will be
Packet Pg. 51
8.F
spent for any particular purpose under this agreement will remain with the City.
Before any Party's pooled funds can be awarded or distributed for funding of a
project or program by SKHHP under the Agreement, the legislative body of such
Party must authorize the application of a specified amount of its 82.14.540 tax
receipts.
City staff continue to participate in SKHHP board meetings and staff planning
meetings, and discussions continue between the nine South King County cities that
comprise SKHHP.
BUDGET IMPACT: The expected Annual Revenue/Credit Estimate for Kent is
$185,000. These funds are deducted from the State's portion of the sales and use
tax, and are not taken out of the City portion of sales and use tax and do not
impose an additional tax. There was and will be no increase in taxes paid locally, as
the revenue is offset by a reduction in the state's portion and does not impact
consumers.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. SKHHP ILA SHB 1406 (PDF)
03/23/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 4/6/2021 7:00 PM
Packet Pg. 52
8.F.a
Interlocal Agreement For the Purpose of Pooling Sales Tax Receipts with South
King Housing and Homelessness Partners ("SKHHP") Cities to Administer Funds N
Under RCW 82.14.540 x0
This Interlocal Agreement ("Agreement") is entered into by and between the Cities of Y
Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and Tukwila each municipal
corporations and political subdivisions of the State of Washington (individually, a "Party" and 0
collectively, "the Parties").
3
WHEREAS,this Agreement is made pursuant to the Interlocal Cooperation Act, chapter a
39.34 RCW, and has been authorized by the legislative body of each jurisdiction to address the
use of pooled tax receipts for affordable and supportive housing sales and use tax in
accordance with RCW 82.14.540(10).
WHEREAS, SKHHP was formed on January 1, 2019 by Interlocal Agreement among the
jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park,
c
Renton, Tukwila, and King County (the "SKHHP Interlocal Agreement"); and o
0
WHEREAS, after SKHHP was formed, the Washington State Legislature passed Substitute c
House Bill (SHB) 1406, which was signed into law by the Governor, and is now codified at RCW N
82.14.540; and Q.
WHEREAS, RCW 82.14.540 authorizes the legislative authority of a county or city to
impose a local sales and use tax for affordable and supportive housing to income-eligible
0
persons; and u_
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as
WHEREAS, RCW 82.14.540 stipulates the moneys collected or bonds issued through this E
sales tax credit may only be provided to persons whose income is at or below 60 percent of the
median income of the county or city imposing the tax and may only be used for the following a
purposes: (i) acquiring, rehabilitating, or constructing affordable housing, which may include o
new units of affordable housing within an existing structure or facilities providing supportive ,
housing services under RCW 71.24.385; or (ii) funding the operations and maintenance costs of
new units of affordable or supportive housing; and LO
to
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WHEREAS, funding to support the acquisition, rehabilitation, and new construction of W
affordable housing, and operation and maintenance costs of new affordable housing is critical
to providing an array of housing opportunities for residents; and m
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WHEREAS, RCW 82.14.540 allows cities with a population of one hundred thousand or J
less to use moneys collected for providing rental assistance to tenants in addition to the a-
affordable housing purposes listed above. As of the date of this Agreement, although at least Y
some of the Parties have a population of one hundred thousand or less, all such Parties intend
that the funds they contribute pursuant to this Agreement shall not be used for providing rental
assistance, and
0
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SKHHP SHB 1406 Interlocal Agreement—February 4, 2021 Page 1 of 6
Packet Pg. 53
8.F.a
WHEREAS, within six months of the effective date of RCW 82.14.540, each of the Parties c
adopted a resolution of intent to authorize the maximum capacity of the tax, and within 12 =
months, each of the Parties adopted legislation authorizing the maximum capacity of the tax; c
and =
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WHEREAS, on November 22, 2019, the SKHHP Executive Board took unanimous action Y
to adopt SKHHP Resolution 2019-06 urging each of the nine member jurisdictions to pool 100 c
percent of the tax receipts collected under the provisions of RCW 82.14.540 which expressly
anticipates pooling of tax receipts received under RCW 82.14.540 if done pursuant to this 3
Agreement; and
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WHEREAS, the Parties wish to act cooperatively to pool tax receipts received in
individual cities to allow the use of funds to leverage other funds and make a more meaningful X
and significant impact on affordable housing challenges in south King County consistent with
this Agreement and RCW 82.14.540; and
WHEREAS, pooling RCW 82.14.540 sales tax receipts with SKHHP will establish a regional c
funding source that will help to establish regional-decision making and shared housing solutions $
and increased investment in affordable and supportive housing in south King County. c
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NOW,THEREFORE, in consideration of the mutual promises, benefits, and covenants o
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contained in this Agreement, the Parties incorporate by reference and agree to the above ;
recitals and the following terms and conditions:
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1. Purpose. The purpose of this Agreement is to allow each of the Parties to pool all or a �o
portion of its tax receipts received under RCW 82.14.540 for use by SKHHP in funding
affordable and supportive housing projects and/or programs as permissible under RCW E
82.14.540.
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2. Responsibilities and Authority. For the purposes of RCW 39.34.030(4)(a), the SKHHP M
Administering Agency is designated as the administrator responsible for overseeing and °
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administering the joint or cooperative undertaking contemplated by this Agreement. No
property shall be acquired by the Parties to this Agreement by reason of this joint or r
cooperative undertaking. o
3. Pooled Funds. The legislative body of each Party shall consider whether it will pool with CD
SKHHP all or a portion of its RCW 82.14.540 tax receipts. Each Party that determines that it m
will pool all or a portion of its RCW 82.14.540 tax receipts shall transfer the funds to be =
pooled into the SKHHP Housing Capital Fund. J
4. Uses of Pooled Funds. Consistent with the permissible uses of funds set forth in RCW
82.14.540, SKHHP will distribute funds pooled under this Agreement only for the following
purposes that serve persons whose income is at or below 60 percent of the median income:
as
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SKHHP SHB 1406 Interlocal Agreement—February 4, 2021 Page 2 of 6
Packet Pg. 54
8.F.a
a. Acquiring, rehabilitating, or constructing affordable housing, which may include new c
units of affordable housing within an existing structure or facilities providing =
supportive housing services under RCW 71.24.385; and/or c
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b. Funding the operations and maintenance costs of new units of affordable or
supportive housing. Y
5. Selection of Funding Awards involving Pooled Funds. SKHHP intends to periodically invite 0
applications for funding for projects and/or programs eligible for funding under the SKHHP
Interlocal Agreement. For each round of funding applications for which SKHHP intends to y
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use funds pooled under this Agreement, the following shall apply: a
a. The SKHHP Executive Board will identify funding guidelines that will include, but not
be limited to: the amount of available funding, household income targets, funding
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priorities, eligible activities and geographic areas, regulatory terms, other award
terms/reporting requirements, application contents, review process, evaluation
criteria, and the schedule for funding allocation. c
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b. The SKHHP Advisory Board, to be established by the SKHHP Executive Board as a
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outlined in the SKHHP Interlocal Agreement, will provide recommendations to the 0
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SKHHP Executive Board on the strategic funding priorities and the allocation of tax o
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receipts collected through this Agreement.These recommendations will consider ;
south King County housing needs, other funding sources that support affordable
housing and supportive housing, local housing needs, and equitable geographic
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distribution of funds. U-
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c. The SKHHP Executive Board shall consider the recommendations of the SKHHP E
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Advisory Board to decide both the recommended funding awards for selected ;v
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projects and/or programs and the specific funding from each participating Party a
consistent with the SKHHP Executive Board Powers. o
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d. Funding will be limited to projects or programs that are within the SKHHP sphere of
influence as identified in the SKHHP Interlocal Agreement and meet the eligibilityLO
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criteria of RCW 82.14.540. to
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6. Expenditure of Pooled Funds; Legislative Authority of Each Party. o
a. As provided in the SKHHP Interlocal Agreement, the SKHHP Executive Board will m
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recommend to the individual legislative bodies various terms to accompany their N
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authorizations. Terms shall be consistent with RCW 82.14.540 and may include buta.
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will not be limited to: the amount of funds allocated, project description, minimum
affordability requirements, nature of funding commitment (loan, grant, or other), Y
and general repayment terms for loans, if applicable.
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SKHHP SHB 1406 Interlocal Agreement—February 4, 2021 Page 3 of 6
Packet Pg. 55
8.F.a
b. Before any Party's pooled funds are awarded or distributed for funding of a project c
or program selected pursuant to Section 4 "Selection of Funding Awards involving =
Pooled Funds" of this Agreement, the legislative body of such Party shall authorize c
the application of a specified amount of its 82.14.540 tax receipts in its Individual =
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Account, as provided in Section 14 of the SKHHP Interlocal Agreement. Y
C. SKHHP may only award and distribute a Party's pooled funds after a Party's c
legislative body has approved participation in this Agreement.
7. Administration. Funds collected through this Agreement shall be administered through the y
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SKHHP Housing Capital Fund as outlined in the SKHHP Interlocal Agreement and a
administered by the SKHHP Administering Agency. The SKHHP Administering Agency will
maintain records sufficient to separately track the deposits and withdrawals within each X
Individual Account and each project account. ~
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8. Reporting. In addition to reporting requirements under the SKHHP Interlocal Agreement, v�
SKHHP will submit an annual report to the Parties of work plan progress that includes, but is c
not limited to, housing priorities, strategies, capital funding investments, use of pooled RCW 0
82.14.540 tax receipts, and other SKHHP accomplishments. c
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9. Audit. The Parties acknowledge that the expenditure of all funds will be subject to audit by o
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the state auditor or other authorized entity. The SKHHP Administering Agency reserves the
right to review, monitor, or audit the use of these funds as deemed necessary. Such
activities may occur with or without notice.
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10. Termination or Withdrawal. This Agreement may be terminated at any time by an
affirmative vote of a majority of the legislative bodies of the Parties to this Agreement. If a E
Party wishes to withdraw from participation in this Agreement, it may do so with written
notice to the SKHHP Executive Board of its intention to withdraw, due on or before July 1 of a
a year and become effective as of 11:59 p.m. on December 31 of that year. Upon o
termination of this Agreement or Party withdrawal from this Agreement, all uncommitted ,
pooled RCW 82.14.540 tax receipt moneys in the SKHHP Housing Capital Fund will be
distributed to the Parties in case of termination of the Agreement, or individually to any LO
to
Party withdrawing from the Agreement, by remitting the total uncommitted amounts
remaining in the Party's Individual Account to that Party, unless otherwise authorized by o
the legislative authority of that Party.
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11. Additional municipalities. This Agreement may be expanded to include additional SKHHP N
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municipalities through the execution of a companion agreement that is consistent with this J
Agreement and the SKHHP Interlocal Agreement, and upon an affirmative vote of a two-
thirds majority of the membership of the SKHHP Executive Board.
12. Amendments. Any amendments to this Agreement must be in writing. This Agreement may
be amended upon approval of at least two-thirds of the legislative bodies of all Parties to
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SKHHP SHB 1406 Interlocal Agreement—February 4, 2021 Page 4 of 6
Packet Pg. 56
8.F.a
this Agreement, evidenced by authorized signatures of those Parties as of the effective date c
of this Agreement, however, any amendment to this Agreement affecting the terms and =
conditions of membership, provisions regarding duration, termination or withdrawal, or the
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conditions of this Section will require consent of the legislative authorities of all Parties. This =
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Section shall not be construed to require amendment of this Agreement for the addition of Y
a new Party contemplated under Section 11.
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13. Effective date. This Agreement will become effective March 1, 2021, subject to its approval CO
by the legislative bodies of all participating jurisdictions, and pursuant to RCW 39.34.040. 3
Although this Agreement may be approved and signed by a Party after the Agreement's a
effective date, all acts consistent with the authority of this Agreement that occur on or after
March 1, 2021, are hereby ratified and affirmed, and the other terms of this Agreement will
be deemed to have applied. M
14. Agreement Duration. This agreement will be in full force and effect until it is terminated in
accordance with the terms and conditions of this agreement. a,
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(Signature Page Follows) °o
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SKHHP SHB 1406 Interlocal Agreement—February 4, 2021 Page 5 of 6
Packet Pg. 57
8.F.a
Approved and executed this day of 12021. c
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Name of Party: City of Kent
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Dana Ralph, Mayor a
Approved as to form:
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Arthur "Pat"Fitzpatrick, City Attorney
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SKHHP SHB 1406 Interlocal Agreement—February 4, 2021 Page 6 of 6
Packet Pg. 58
8.G
•
KENT
W A S M I N G T O N
DATE: April 6, 2021
TO: Kent City Council
SUBJECT: Consultant Services Agreement with KBA, Inc. for the
South 212th Street Preservation Project - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with KBA, Inc. for contract administration, management, quality control,
and inspection in an amount not to exceed $198,800 for the South 212t"
Street Preservation Project - 72nd Avenue South to 84th Avenue South,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: The South 212t" Street Preservation project is located on South 212th
Street from 72nd Avenue South to 84t" Avenue South (East Valley Highway). This is
a federally funded project that will provide new paving, channelization, and curb
ramps.
This consultant services agreement is needed to provide a resident engineer,
inspector, and contract administrator to perform contract administration,
construction management, quality control, and inspection on this federally funded
project. Using WSDOT's consultant selection process for federal projects the City
selected KBA, Inc. to provide this resident engineer, inspector, and contract
administrator in addition to a subconsultant to provide quality control. KBA is a firm
based in Bellevue, Washington that specializes in providing construction
management and contract administration on federally funded capital improvement
projects for local municipalities throughout the Puget Sound region.
BUDGET IMPACT: The project will be paid for using a Puget Sound Regional
Council Grant, and Business and Occupation Funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. KBA - 212th St Preservation (PDF)
Packet Pg. 59
8.G
03/23/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 4/6/2021 7:00 PM
Packet Pg. 60
8.G.a
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreemen
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Agreement Number: Q.�
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Firm/Organization Legal Name (do not use dba's): f°
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KBA, Inc.
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Address Federal Aid Number a.
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11201 SE 8th St., Suite 160, Bellevue, WA 98004 STPUL-1250(009) ;v
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UBI Number Federal TIN
601 -426-427 91 -1581416CN
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Execution Date Completion Date 3
12/31/2021 U)
1099 Form Required Federal Participation
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❑ Yes ❑■ No ■❑ Yes ❑ No
Project Title S
S. 212th St. Preservation - 72nd Ave. S. to 84th Ave. S. (East Valley Highway) Y
Description of Work
The Consultant shall provide Construction Management Services for the project which will include 3
consultation, contract administration, field observation, documentation, and material testing. For a
description, see the Consultant's Scope of Services which is attached as Exhibit A and incorporated by
this reference.
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❑ Yes ❑■ No DBE Participation Maximum Amount Payable:$198,800 v
❑ Yes ❑■ No MBE Participation Ul)
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❑ Yes ❑■ No WBE Participation
❑ Yes ❑■ No SBE Participation o
Index of Exhibits N
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Exhibit A Scope of Work a
Exhibit B DBE Participation N/A
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations N/A m
Exhibit F Title VI Assurances
Exhibit G Certification Documents
Exhibit H Liability Insurance Increase N/A E
Exhibit I Alleged Consultant Design Error Procedures N/A
Exhibit J Consultant Claim Procedures Q
LA 10029
Local Agency A&E Professional Services Agreement Numb
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 61
8.G.a
THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the City of Kent
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this a
AGREEMENT, hereinafter called the "CONSULTANT." a
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) c
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the
required commitment and therefore deems it advisable and desirable to engage the assistance of a N
CONSULTANT to provide the necessary SERVICES; and
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WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to a
professional registration, if applicable, and has signified a willingness to furnish consulting services to the rn
AGENCY.
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NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or N
attached and incorporated and made a part hereof, the parties hereto agree as follows:
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I. General Description of Work i
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The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and m
complete the SERVICES as designated elsewhere in this AGREEMENT. Y
3
II. General Scope of Work
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The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A"
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was a
developed utilizing performance based contracting methodologies.
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III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall s
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or c
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, v
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
LO
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANTPk
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or r
days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in L
sufficient detail so that the progress of the SERVICES can easily be evaluated. a
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The CONSULTANT,any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, N
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under N
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the Q
State of Washington. Y
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Local Agency A&E Professional Services Agreement Numb
Negotiated Hourly Rate Consultant Agreement Revised O110112020 1 Packet Pg. 62
8.G.a
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will a
be shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime a
CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) c
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the 2
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
L
In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE
firms maximum practicable opportunities. L
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved
cm
with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall
identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal
attainment. '
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All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — c
Preparation and Delivery of Electronic Engineering and other Data." '~
ti
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for m
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be 3
without liability or legal exposure to the CONSULTANT. _
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Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other E
party by(i) certified mail, return receipt requested, or(ii)by email or facsimile, to the address set forth below:
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If to AGENCY: If to CONSULTANT: a
Name: Eric Connor Name: SamSchuyler
Agency: City of Kent Agency: KBA,Inc.
Address: 220 4th Avenue S. Address: 11201 SE 8th Street,Suite 160 c
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City: Kent State: WA Zip:98032 City: Bellevue State:WA Zip: 98004
Email: EConnor@KentWA.gov Email: sschuyler@kbacm.com
Phone: (253)856-5533 Phone: (425)555-9720 0
Facsimile: (253)856-6500 Facsimile: (425)455-9732
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IV. Time for Beginning and Completion o
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The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the wo
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this a`
AGREEMENT titled"Completion Date." in
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The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of N
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the m
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the Y
established completion time.
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LA 10029
Local Agency A&E Professional Services Agreement Numbe
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 1 Packet Pg. 63
8.G.a
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this a
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or 'o
`
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete a
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). c
M
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct(Raw) Labor, Indirect Cost Rate,
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this a`
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates N
shall be memorialized in a final written acknowledgment between the parties. Such final written N
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted N
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT's fiscal year end(FYE) date. �o
The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days `o
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and m
"E"will remain in effect for the twelve (12) month period. Y
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations 3
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment E
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to a
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the
CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12)month period.
The fee as identified in Exhibits "D" and"E" shall represent a value to be applied throughout the life of the N
AGREEMENT. c
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The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of ,--
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or o
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during y
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of 2
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect a.
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cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in
a final written acknowledgment.
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The CONSULTANT shall maintain and have accessible support data for verification of the components of Q
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The Y
CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus
fee.
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Local Agency A&E Professional Services Agreement Numb
Negotiated Hourly Rate Consultant Agreement Revised O110112020 1 Packet Pg. 64
8.G.a
A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long
distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be a
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT 'o
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in a
accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and c
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-salary Costs shall N
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT 2
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shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
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provided under this AGREEMENT.
B. Maximum Amount Payable: The Maximum Amount Payable b the AGENCY to the CONSULTANT under N
Y Y Y N
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one M
(I.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, o
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"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT.
C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized c
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit "D," including names and classifications of all employees, and billings for all direct 5
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's m
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the Y
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview. 3
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D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be E
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other a
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the '2
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, -
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
the AGENCY may pursue with respect to such claims. c
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The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time v
of final audit all required adjustments will be made and reflected in a final payment. In the event that such LO
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund o
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the
AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution
Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin L
the appeal process to the AGENCY for audit findings a
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E.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for N
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt N
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or Q
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in Y
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is E
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be u
performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's a
Project Manager. LA 10029
Local Agency A&E Professional Services Agreement Numb
Negotiated Hourly Rate Consultant Agreement Revised O110112020 1 Packet Pg. 65
8.G.a
VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and a
by this reference made part of this AGREEMENT. o
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The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT c
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
Lo
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit "E" 2
a.
attached hereto and by this reference made part of this AGREEMENT. a
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The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub rn
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
N
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall N
be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgment between the parties C°
aD
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall
require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this ,o
AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable c
sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. —
a
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national Y
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the 3
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
as
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VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not r
paid or agreed to pay any company or person, other than a bona fide employee working solely for the -
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent N
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the o
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from ..
this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or o
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's y
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made 2
a.
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other y
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
N
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this Q
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of Y
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
Agreement Number: Q
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8.G.a
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, a
subcontractors and successors in interest, agrees to comply with the following laws and regulations: o
a
• Title VI of the Civil Rights Act of 1964 Civil Rights Restoration Act of 1987 (Public Law c
100-259)
(42 U.S.C. Chapter 21 Subchapter V § M
2000d through 2000d-4a) American with Disabilities Act of 1990 (42 N
• Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 126 § 12101 et. seq.) a.
U.S.C. Chapter 3 § 324) 23 CFR Part 200
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• Rehabilitation Act of 1973 49 CFR Part 21 N
(29 U.S.C. Chapter 16 Subchapter V § 49 CFR Part 26
794) RCW 49.60.180 Z
• Age Discrimination Act of 1975 (42 in
U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit `o
"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached
Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto. m
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IX. Termination of Agreement
3
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon
ten(10) days written notice to the CONSULTANT. E
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In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the a
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this 02
AGREEMENT.
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No payment shall be made for any SERVICES completed after ten (10) days following receipt by the c
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to 2
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the v
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT,the above formula for payment shall not apply. c
0
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the m
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing y
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily L
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY y
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES z
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this N
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of m
this section. Y
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure E
to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be 2-
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. a
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8.G.a
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved a
CONSULTANT employee. a
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or o
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this N
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to 2
a.
renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be
made to the CONSULTANT as set forth in the second and third paragraphs of this section.
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Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the N
CONSULTANT,or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. N
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those in
rights with respect to any future act or omission by the CONSULTANT.
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X. Changes of Work °
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY Y
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall 3
be considered as Extra Work and will be paid for as herein provided under section XIII"Extra Work."
as
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XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within N
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If co
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the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal N
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in c
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The U
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
LO
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State ofPk
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State r_
of Washington, situated in the county in which the AGENCY is located. 2
XII. Legal Relations
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The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local y
laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed z
under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws
of the State of Washington. N
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY Y
and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall IWO
require a CONSULTANT ¢
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to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the a
AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other a
persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims o
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the
CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, a
officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom a`
the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and
enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's Cn
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between N
CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers in
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, `o
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the
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CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other 5
persons for whom the CONSULTANT may be legally liable, in performance of the Work under this m
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, Y
information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and 3
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents',
officers and employees' failure to comply with specific written instructions regarding use provided to STATE a
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
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Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its N
sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due c
notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter v
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, LO
this AGREEMENT. N
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own o
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this m
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial y
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver. L
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Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of Cn
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable N
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during N
contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for Q
proper construction techniques, job site safety, or any construction contractor's failure to perform its work in Y
accordance with the contract documents.
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The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise E
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW. a
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Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE. W
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B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with
minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars
($2,000,000.00) in the aggregate for each policy period. °
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C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage
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for any"Auto" (Symbol 1)used in an amount not less than a one million dollar($1,000,000.00) combined 2
single limit for each occurrence. a
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Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and rn
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- Cn
consultant and/or subcontractor as an additional insured (the "Als"), with no restrictions or limitations
concerning products and completed operations coverage. This coverage shall be primary coverage and non-
contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the c
additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or cn
subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The ,o
AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. d
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All insurance shall be obtained from an insurance company authorized to do business in the State of a
Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) Y
days of the execution of this AGREEMENT to:
Name: Eric Connor
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Agency: City of Kent
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Address: 220 4th Avenue S.
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City: Kent State:WA Zip: 98032 aNi
Email: EConnor@KentWA.gov
Phone: (253)856-5533 r
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Facsimile: (253)856-6500 =
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the v
AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to N
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of g
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way. y
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The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third a
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part, and no third party beneficiary is intended or created by the execution of this AGREEMENT. y
45
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT N
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law. m
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XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this
AGREEMENT in the SERVICES to be performed.
0
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, a`
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, o
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and N
(3) other affected terms and shall modify this AGREEMENT accordingly. 2
a.
C. The CONSULTANT must submit any"request for equitable adjustment," hereafter referred to as "CLAIM," a
under this clause within thirty (30) days from the date of receipt of the written order. However, if the rn
AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted
before final payment of this AGREEMENT.
N
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, Z
nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. in
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable
for this AGREEMENT, shall not be increased or considered to be increased except by specific written `o
supplement to this AGREEMENT.
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XIV. Endorsement of Plans a
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If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering Y
data furnished by them.
3
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the 0
SERVICES in progress. a,
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XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G-I(a and b)" are the Certifications of the CONSULTANT and the AGENCY,
Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary in
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Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in 3
AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in c
AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the v
CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address
listed in section III "General Requirements" prior to its performance of any SERVICES under this N
AGREEMENT.
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XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by v
the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound a
by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, y
amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the N
parties as a supplement to this AGREEMENT. N
XVIII. Execution and Acceptance m
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to Y
be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting
material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the
terms and conditions thereof. a
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XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession 0
or knowledge in connection with this AGREEMENT or its performance may consist of information that is •o
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other a`
local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information" o
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or N
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE 2
a.
and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of these types of information. The CONSULTANT agrees to hold the State's W
Confidential Information in strictest confidence and not to make use of the State's Confidential Information for N
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub- N
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party in
without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release 2
such information or material only to employees, sub-consultants or subcontractors who have signed a o`
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State's Confidential Information. Q
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Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's 3
Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) a
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential E
Information.
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As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: N
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State's Confidential Information was received; who received, maintained, and used the State's
Confidential Information; and the final disposition of the State's Confidential Information. The
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CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information ro-
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases. LO
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Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in
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termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary o
damages, or penalties
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It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the a`
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials y
containing such proprietary and/or confidential information shall be clearly identified and marked as N
"Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this N
AGREEMENT. Q
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The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is a
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; a
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for a
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is 2
generally utilized by unaffiliated third parties engaged in the same business or businesses as the
CONSULTANT.
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The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a N
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or N
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that N
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining con
disclosure, the AGENCY will release the requested information on the date specified.
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The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure ,O
that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT
notification to the sub-consultant will include the date that such records will be released by the AGENCY to the a
requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction co
enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or
sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the 3
CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of a
actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub- E
consultants' information.
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XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) con
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years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and
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maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all s
"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the c
CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is v
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such
documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even N
though such litigation, claim, or audit continues past the six (6) year retention period. r_
2
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTS, L
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, co
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reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone `;'
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; m
every copy of the foregoing whether or not the original is in the possession, custody, or control of the Y
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an a
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on E
the original.
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For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or a
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, a
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or c
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network
servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones,
laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES
hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. a`
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"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is
normally created, viewed, and/or modified N
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in N
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract. c
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date"box on page one (1) of this AGREEMENT.
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Signature KBA,Inc. Date
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Slgrrature Dana Ralph,Mayor Date
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City of Kent
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Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office U
of the Attorney General. Iq
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Exhibit A
Scope of Wor)
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Pro ect No. STPUL-1250(009) .
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KBA, Inc. February 23, 2021
EXHIBIT A
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SCOPE OF SERVICES a.
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For g
The City of Kent
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S 212th Street Preservation— 72"d Ave S to 84tn Ave S (East Valley Highway) a
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KBA, Inc. (Consultant)will provide Construction Management(CM) services to the City of Kent, (Client) C�
for the project known as S 212th Street Preservation— 72"d Ave S to 84tn Ave S(East Valley Highway) N
(Project). These services will include consultation, contract administration, field observation, N
documentation, and material testing, as required during the construction of the Project, as detailed below. z
Project Description: The project consists of planning 33,000 square yards of bituminous pavement, U°
paving 6,500 tons of HMA CI '/z", PG 58V-22, reconstructing 12 curb ramps to ADA standards,
reconstructing 3 driveways, installing 75 vehicle detection loops, 275 square yards of sidewalk repairs, i
26,000 feet of temporary pavement markings,13,000 feet of permanent channelization, and other work, all ,0
in accordance with the Contract Plans, Kent Special Provisions, and WSDOT Standard Specifications. J
The Designer of Record on this Project is the City of Kent. S
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I. CONSTRUCTION MANAGEMENT SERVICES
3
A. Consultant Contract and Team Management: Provide overall day-to-day management of the
Consultant contract and Team, including: E
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1. Decide on best modes and frequency of communication with Client. Liaison and coordinate
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with Client on a regular basis to discuss Project issues and status. a
2. Manage Consultant Team, comprised of Consultant's staff and its subconsultants.. Organize
and layout work for Consultant Team.
3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to
Client monthly, an invoice and progress report describing services provided that period. U)
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Prepare and submit reporting required by funding source(s), if any.
Deliverables d'
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• Monthly invoices and progress reports °
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• Reporting required by funding source(s),
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B. Design-Phase Constructability Review
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1. Site Visit. Accompany Designer on a plans-in-hand site visit to acquaint Consultant with the g
Project and site. f°
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2. Advise Designer as requested, on challenging constructability issues. d'
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3. Constructability Reviews: Participate in Constructability reviews at the following milestones: U)
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a. 100% Stage Review N
i. Final Review of 100% Plans, Project Manual/Contract Provisions and Preliminary
Engineer's Estimate, prior to going to Ad. This review will be only to ascertain if a
previous review comments were addressed. Y
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Deliverables m
• 100% stage letter report
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KBA, Inc. February 23, 2021
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C. Preconstruction Services o
1. Review Contract Documents to familiarize team with Project requirements.
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2. Organize and lead preconstruction conference:
a. Prepare and distribute notices.
b. Prepare agenda. a
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c. Conduct the meeting.
d. Prepare and distribute meeting notes to attendees and affected agencies.
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Deliverables N
• Preconstruction Conference Notice, Agenda, and Notes N
Preconstruction photos, digital files on electronic storage medium 3
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D. Construction Phase Services—Contract Administration W
1. Liaison with the Client, construction contractor, Designer, appropriate agencies, adjacent `o
property Clients, and utilities. '~
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2. In concurrence with Progress Estimates, provide the Client with brief construction progress
reports, highlighting progress and advising of issues that are likely to impact cost, schedule, Q
or quality/scope. Y
3. Schedule Review:
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a. Review construction contractor's schedules for compliance with Contract Documents.
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b. Monitor the construction contractor's conformance to schedule and request revised E
schedules when needed. Advise Client of schedule changes.
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4. Progress Meetings. Lead regular(usually weekly) progress meetings with the construction Q
contractor, including Client pre-briefing. Prepare weekly meeting agenda and meeting notes 0
and distribute copies to attendees. Track outstanding issues on a weekly basis.
5. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate
party, work plans, shop drawings, samples, test reports, and other data submitted by the
construction contractor, for general conformance to the Contract Documents.
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6. Record of Materials. Maintain records of material compliance documentation received and rn
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advise Client of any known deficiencies. 0
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7. Prepare weekly statement of working days and distribute to the Client and Contractor.
8. Manage RFI (Request for Information) process. Track and review/evaluate or cause to be
reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs.
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9. Change Management. Evaluate entitlement, and prepare scope, impact, and independent °
estimate for change orders. Facilitate resolution of change orders.
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10. Monthly Pay Requests. Prepare monthly progress estimates for payment. Review payment i
requests submitted by construction contractor for comparison and reconcile differences. a
Review with Client and construction contractor and recommend approval, as appropriate.
a. Evaluate construction contractor's Schedule of Values for lump sum items. Review the N
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Contract Price allocations and verify that such allocations are made in accordance with T.-
the requirements of the Contract Documents.
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11. Notify construction contractor of work found in noncompliance with the requirements of the Y
contract.
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12. Assist the Client in the investigation of malfunctions or failures observed during construction.
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KBA, Inc. February 23, 2021
13. Public Information. Provide information for Client to prepare media communications and
public notices on Project status. Provide information for Client's inclusion into a Project °
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website and/or newsletter, if requested.
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14. Record Drawings. Review the construction contractor's redline set of contract plans.
Maintain a CM Team set of conformed drawings tracking plan changes, location of
discovered anomalies and other items, as encountered by Consultant Team. Use these
markups to check the progress of the Contractor-prepared Record Drawings. a`
15. Document Control. Establish and maintain document filing and tracking systems, following
Client guidelines and meeting funding agency requirements. Collect, organize, and prepare rn
documentation on the Project.
a. If requested, one hard copy of files will be kept in the Project field office.
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b. Electronic documentation will be stored in a Project Website, using SharePoint, managed
and hosted by the Consultant. The Client will be provided with licenses for their and the c
construction contractor's use of the SharePoint website during the Project. Consultant Cn
will provide one training session for Client and construction contractor users of the
SharePoint system.
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c. The Project SharePoint site will transition to "read-only" access upon expiration of the
Agreement, or upon project completion and transfer of final records, whichever occurs c
first. Transference of final records will include a digital copy of the files stored in the Q
Project SharePoint site. Access to SharePoint will expire following that date. Y
16. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement,
maintain a log documenting the following: the State's Confidential Information received in the 3
performance of this AGREEMENT; the purpose(s)for which the State's Confidential
Information was received; who received, maintained and used the State's Confidential E
Information; and the final disposition of the State's Confidential Information.
17. Project Closeout. If requested, prepare or assist with preparation of Letters of Substantial, a
Physical, and Final Completion for Client approval and signature, to include punch list.
Prepare final pay estimate for Client approval and processing.
18. Final Records. Compile and convey final Project records, transferring to the Client for its
archiving at final acceptance of the Project. Should Consultant's work end prior to full
completion of the Project, its records will be transferred to the Client prior to departure from a
the Project. Records will consist of hard copy originals and electronic records on electronic N
storage medium.
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Deliverables
• Monthly Construction Progress Reports N
• Schedule Review Comments
• Meeting Agendas and Notes o
• Submittal Log
• Record of Materials
• RFl Log
• Change Order(s) a`
• Progress Pay Requests y
• Letters of Completion
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• Final records—hard copy and electronic T'
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KBA, Inc. February 23, 2021
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E. Construction Phase Services— Field
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1. Observe the technical conduct of the construction, including providing day-to-day contact with M
the construction contractor, Client, utilities, and other stakeholders, and monitor for
adherence to the Contract Documents. The Consultant's personnel will act in accordance m
with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. a`
2. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes. Advise the Client of any non-conforming work observed rn
during site visits.
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3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor's operations as N
actually observed by the Consultant; includes quantities of work placed that day, contractor's
equipment and crews, photos of work performed, and other pertinent information. c
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4. Interpret Construction Contract Documents, in coordination with Designer.
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5. Evaluate and report to Client issues that may arise as to the quality and acceptability of
material furnished, work performed, and rate of progress of work performed by the °
construction contractor.
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6. Establish communications with adjacent property Clients. Respond to questions from Q
property Clients and the general public. m
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7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable. 3
8. Prepare field records, daily reports of force account worked, and other payment source
documents to help facilitate administration of the Project in accordance with funding agency E
requirements.
9. Attend and actively participate in regular on-site meetings. Q
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10. Take periodic digital photographs during the course of construction. Photographs to be
labeled and organized in accordance with Client protocol.
11. Punch List. Upon substantial completion of work, coordinate with the Client and affected
agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate final
inspection with those agencies. N
12. Testing. r Cause to be conducted, materials and laboratory tests. Coordinate the work of the 0
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Field Representative(s) and testing laboratories in the observation and testing of materials v
used in the construction; document and evaluate results of testing; and inform Client and
construction contractor of deficiencies. Materials testing for this project will be provided by N
HWA GeoSciences, Inc.
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Deliverables
• IDRs with Project photos—submitted on a weekly basis
• Field Note Records and Daily Reports of Force Account Worked
• Additional Project photos not included in IDRs aL
• Punch List(s) in
• Test reports z
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KBA, Inc. February 23, 2021
F. Assumptions 2
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1. Budget: a.
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a. Staffing levels are anticipated in accordance with the attached budget estimate.
Consultant services are budgeted for a 4.5-month period, from April 15, 2021 through
August 31, 2021 This is intended to span the originally planned construction duration of N
70 contractor working days, plus time allotted for Project setup and closeout. Overtime
has not been figured into the budget. a.
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b. Consultant will work up to the limitations of the authorized budget. If additional budget is
needed to cover instances, including but not limited to the following, Client and cn
Consultant will negotiate a Supplement to this Agreement:
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i. The contractor's schedule requires inspection coverage of extra crews and shifts. N
ii. The construction contract runs longer than the time period detailed above.
iii. Any added scope tasks. in
iv. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms
as outlined in Section V of the LAG Agreement. L.
c. The work is anticipated to be performed during daytime hours. Should night work be °
necessary, a 15 percent differential for labor will be applied to all night shift hours worked c
by Consultant's employees.
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d. The budget allocations shown in Exhibit are itemized to aid in Project tracking
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purposes only. The budget may be transferred between people, or between labor and
expenses, provided the total contracted amount is not exceeded without prior 3
authorization.
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e. The budget assumes that Consultant's standard forms, logs, and processes will be used E
on the Project SharePoint site. Any customization to meet specialized Client
requirements will be Extra Work. a
f. Should Consultant's level of effort extend beyond the time period detailed in the attached
Exhibit - Estimate, and into a new year, labor rates will adjust annually on January
1, with 30-day written notice to Agency.
2. Items and Services Client will provide:
a. Meeting arrangements and facilities for preconstruction meeting.
b. Field office space will be provided by the Client, and will include:: c
i. workstations (desk, chair, and storage)for two staff members. v
ii. conference table and chairs
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iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color,
and of business quality
iv. high-speed, dedicated connection, including static IP °
v. miscellaneous office supplies
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vi. utilities and sanitary facilities
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c. Coordination with and enforcement of utility franchise agreements and/or contracts and a.
schedules for services related to this Project. U)
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d. Verify that the required permits, bonds, and insurance have been obtained and submitted N
by the construction contractor. Obtain all permits not required to be provided by N
construction contractor. a
e. Construction Survey. Provide project control survey and staking that is not already Y
assigned to the construction contractor. r
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3. Scope: E
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KBA, Inc. February 23, 2021
a. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA,
Inc.), and may not be used by any other party or on any other project without the written a
permission and involvement of KBA, Inc. r_
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b. Constructability Review of design documents will be for constructability, for general
conformance with the design concept, and for contradictions and inconsistencies
between the various parts of the design documents. This review will not include review of
the accuracy or completeness of details, such as quantities, dimensions, weights, a
gauges, or fabrication processes; and will not include quantity takeoffs.
c. Consultant will provide inspection services for the days/hours that its' Inspector(s)
personnel is/are on-site. The Inspector(s)will not be able to observe or report M
construction activities, or collect documentation, during the time they are not on-site. CN
d. The Consultant's monitoring of the construction contractor's activities is to ascertain z
whether or not they are performing the work in accordance with the Contract Documents;
in case of noncompliance, Consultant will reject non-conforming work and pursue the o
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other remedies in the interests of the Client, as detailed in the Contract Documents. The
Consultant cannot guarantee the construction contractor's performance, and it is
understood that Consultant shall assume no responsibility for proper construction means, ,o
methods, techniques, Project site safety, safety precautions or programs, or for the failure J
of any other entity to perform its work in accordance with laws, contracts, regulations, or E
Client's expectations. m
e. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is Y
synonymous with "construction observation," and reference to the "Inspector" role is
synonymous with "Field Representative," and means: performing on-site observations of 3
the progress and quality of the Work and determining, in general, if the Work is being
performed in conformance with the Contract Documents; and notifying the Client if Work E
does not conform to the Contract Documents or requires special inspection or testing.
Where "Specialty Inspector" or"specialty inspection" is used, it refers to inspection by a a
Building Official or independent agent of the Building Official, or other licensed/certified rn
inspector who provides a certified inspection report in accordance with an established
standard. ;>
f. Because of the prior use of the Project site, there is a possibility of the presence of toxic i)
or hazardous materials. Consultant shall have no responsibility for the discovery,
presence, handling, removal or disposal of toxic or hazardous materials, or for exposure =
of persons to toxic or hazardous materials in any form at the Project site, including but uoi
not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic c
substances. If the Consultant suspects the presence of hazardous materials, they will U
notify the Client immediately for resolution.
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g. Review of Shop Drawings, samples, and other submittals will be for general conformance
with the design concept and general compliance with the requirements of the contract for
construction. Such review will not relieve the Contractor from its responsibility for g
performance in accordance with the contract for construction, nor is such review a f°
guarantee that the work covered by the shop drawings, samples and submittals is free of
errors, inconsistencies or omissions. a.
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h. Any opinions of probable construction cost provided by the Consultant will be on the
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basis of experience and professional judgment. However, since Consultant has no
control over competitive bidding or market conditions, the Consultant cannot and does N
not warrant that bids or ultimate construction costs will not vary from these opinions of �,
probable construction costs. a
i. Quantity takeoffs and calculated quantities are for the purpose of comparing with Y
Designer's and/or bidders' quantities and are not a guarantee of final quantities. c
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KBA, Inc. February 23, 2021
j. Development of construction schedules and/or sequencing, and/or reviewing and
commenting on contractor's schedules, is for the purpose of estimating number of days to °
complete a project, for identifying potential schedule and coordination challenges, and r_
determining compliance with the construction contract. It is not a guarantee that a °
construction contractor will complete the Project in that sequence or timeline, as means
and methods are the responsibility of the construction contractor. N
k. Consultant is not responsible for any costs, claims or judgments arising from or in anya.
way connected with errors, omissions, conflicts or ambiguities in the Contract Documents
prepared by others. The Consultant does not have responsibility for the professional ;v
quality or technical adequacy or accuracy of the design plans or specifications, nor for Cn
their timely completion by others.
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I. If Consultant provides Value Analysis or Value Engineering services, it is understood that N
any ideas, advice, or recommendations generated by the Consultant are made based
only on the information presented to them, and need engineering analysis by the c
Designer to verify; Consultant is not responsible for the final design product. Cn
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m. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement.
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n. Consultant's insurance carrier provides coverage on ISO equivalent endorsement forms. °
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o. Services provided by the Consultant under this Agreement will be performed in a manner S
consistent with that degree of care and skill ordinarily exercised by members of the same m
profession currently practicing under similar circumstances, in the same geographical Y
area and time period.
p. Nothing in the Agreement is intended to create, nor shall it be construed to create, a 3
fiduciary duty owed by either party to the other. Consultant makes no warranties,
guarantees, express or implied, under this Agreement or otherwise in connection with E
Consultant's services.
q. Client agrees that Consultant will not be held liable for the completeness, correctness, a
readability, or compatibility of any electronic media submitted to Client, after an
acceptance period of 30 days after delivery of the electronic files, because data stored on
electronic media can deteriorate undetected or can be modified without Consultant's
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knowledge. rn
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r. Consultant will not be liable for any damage to the field office premises or utilities
provided by Client, unless caused by Consultant's own negligence. N
s. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement, v
Prime Consultant shall maintain a log documenting the following: the State's Confidential
Information received in the performance of this AGREEMENT; the purpose(s)for which
the State's Confidential Information was received; who received, maintained and used W
N
the State's Confidential Information; and the final disposition of the State's Confidential
Information o
t. Regarding Article XIX. Protection of Confidential Information, of the LAG Agreement, f°
KBA will perform services under the following assumptions, and such assumptions are N
assumed acceptable to the AGENCY and the STATE: The AGENCY and/or the STATE
will identify each and any item considered to be"State's Confidential Information" as a
"confidential", as detailed below. Any information received by CONSULTANT that is not U)
so labeled, will be assumed by CONSULTANT to not be "State's Confidential r
Information". CONSULTANT will return all items pre-identified as States Confidential N
Information, to the AGENCY, and will not be required to take any other steps to protect N
that information. a
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KBA, Inc. February 23, 2021
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II. OPTIONAL SERVICES o
All services not detailed above, are considered Optional Services, which, along with any other Extra Work
requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement
is executed, specifying scope of services and budget.
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Exhibit C
Preparation and Delivery of Electronic Engineering and Other Date
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In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is o
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
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1. Surveying, Roadway Design &Plans Preparation Section a
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A. Survey Data L
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D. Specify the Agency's Right to Review Product with the Consultant
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E. Specify the Electronic Deliverables to Be Provided to the Agency
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F. Specify What Agency Furnished Services and Information Is to Be Provided
See Exhibit A-Scope of Services
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8.G.a
IL Any Other Electronic Files to Be Provided
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Ill. Methods to Electronically Exchange Data
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On-going project correspondence will be provided via email and hard copy format during the life of the
agreement. Deliverables will be provided via hard copy and electronic records on electronic storage medium at •2
closeout.
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A. Agency Software Suite
Microsoft Office Suite
Sharepoint
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C. File Transfers Format
At project completion,hard copy records will be transferred to Cliet and electronic records will be transferr
via electronic storage medium (thumb drive or DVD). _
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8.G.a
Exhibit D
Prime Consultant Cost Computation;
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Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 88
EXHIBIT D
Project Name: Kent-212th Project Month Apr-21 May-21 Jun-21 Jul-21 Aug-21
Client Project No.: TBD DayslMo 20 20 22 21 22
KBA Project No.: TBD HrIMo 160 160 176 168 176
Contract Type: Cost+Fixed Fee(on DSC only) Extra Work 12% 50% 50% 50% 12%VIA
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Date Prepared: 3/112021 Adj HrIMo 179 240 264 252 197
Prepared by: Sam Schuyler
Salary Escalation 5%
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KBA Labor Hours Q
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Employee Title 2021 Rate 2022 Rate Total Hours 2021 Total Apr-21 May-21 Jun-21 Jul-21 Aug-21 Y
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K Adams (M4)Principal in Charge $96.16 $100.97 4 4 1 1 1 3
Sam Schuyler (M2)Project Manager $7752 $81,40 34 34 8 8 8 2
Paige Barnes (A4)CA $42 44 $44.56 6 6 2 1 1 1 1 C
Cameron Bloomer (E5)Resident Engineer $56.00 $5880 372 372 80 80 88 84 40
Nahom Kahsay (E2)Office Engineer $36 00 $37.8 632 632 120 160 176 168 8 W
78D (T3 PA $42 00 $44.1 372 372 80 80 88 84 40 i
Subtotal-KBA Labor Hours 1,4201 1.420 1 291 330 362 346 91
Direct Expenses N
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Item Total Costs 2021 Total Apr-21 May-21 Jun-21 Jul-21 Aug-21 V
Vehicles @$9501month(plus tax) $ 4,192 4,192 1.048 1,048 1,048 1,048 f(D
Vehicles @$6lhour(plus tax) 5 2,516 2,516 530 530 583 556 318
Misc:Supplies,Equipment,Copies,Postage $ 28 28 28
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Subtotal-Direct Expenses $ 6,7361 6,736 1,606 1.578 1,631 1,604 318 =
Subconsultant(s) y
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Subconsultants Total Costs 2021 Total Apr-21 May-21 Jun-21 Jul-21 Aug-21 O
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HWA-GeoSciences Inc. $ 19,936 19.936 19,936
Subtotal-Subconsultant Costs $ 19,936 19,936 19,936 LO
Combined Costs N
Employee Title 2021 Rate 2022 Rate Total DSC 2021 Total Apr-21 May-21 Jun-21 Jul-21 Aug-21
O
K Adams (M4)Principal in Charge $9616 $100 97 5 385 385 96 96 96 96
Sam Schuyler (M2)Project Manager $77 52 $81.40 $ 2,636 2.636 620 620 620 620 155
Paige Barnes (A4)CA $42.44 $44.56 S 255 255 85 42 42 42 42 N
Cameron Bloomer (E5)Resident Engineer $56.00 $5111 $ 20,112 21,131 4,410 4,480 4,121 4,114 2,240 i
Nahom Kahsay (E2)Office Engineer $36.00 $37.80 S. 22,752 22,752 4,320 5,760 6.336 6,048 288 d
TBD (T3)PA $42.00 $44-10 5 15.624 15.624 3.360 3,360 3,696 3,528 1,680
Direct Salary Costs $ 62,483 62,483 12,961 14.359 15.719 15,039 4,405 t
Overhead(Home)@ 156.16% $ 5,114 5,114 1,251 1,185 1,185 1,185 308 j
Overhead(Field)@ 144.89% $ 85,786 85,786 17,619 19.705 21,676 20,690 6,097 N
Subtotal(DSC+OH) $ 153,384 153,384 31,831 35,249 38,579 36,914 10,811
Fixed Fee(on DSC only)@ 30 00% is 18,745 18,745 3,888 4,308 4,716 4,512 1,322 coSubtotal(DSC+OH+Fee) S 172,128 172.128 35,719 39,556 43,295 41,426 12,132 Y
Oirect Expenses No Markup) $ 6,736 6,736 1 1 1,606 1,578 1 631 1,604 318
TOTAL ESTIMATED COSTS $ 198,800 198,800 1 1 57,261 41,134 44,925 43,030 12,450
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Rounded to nearest whole dollar.
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CONFIDENTIAL&PROPRIETARY TO KBA,INC. Q
Printed:3/3/2021 8:48 AM sw,q
Packet Pg. 89
8.G.a
Exhibit F
Title VI Assurance:
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During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in a`
interest agrees as follows: c
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the"REGULATIONS"), a`
which are herein incorporated by reference and made a part of this AGREEMENT.
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2 Non-discrimination: The CONSULTANT,with regard to the work performed during this AGREEMENT, rn
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention N
of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT N
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Z
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in
in Appendix B of the REGULATIONS. a)
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3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations ,o
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed c;
under a sub-contract, including procurement of materials or leases of equipment, each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under m
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color, Y
sex, or national origin. 3
4 Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, E
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with a
such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is
in the exclusive possession of another who fails or refuses to furnish this information, the
CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set in
forth what efforts it has made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- N
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE,or the FHWA may determine to be appropriate, including, but not limited to:
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• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT N
complies, and/or;
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• Cancellation, termination, or suspension of this AGREEMENT, in whole or inpart.
6 Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through y
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by 2
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action y
with respect to any sub-consultant or procurement as the STATE,the AGENCY, or FHWA may direct as
a means of enforcing such provisions including sanctions for non-compliance. N
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, Q
litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request Y
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the
interests of the United States.
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8.G.a
Exhibit G
Certification Document
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Exhibit G-1(a) Certification of Consultant a`
Exhibit G-1(b) Certification of Agency Official c
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Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions L
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Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
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Exhibit G-4 Certificate of Current Cost or Pricing Data N
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8.G.a
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
KBA, Inc. .o
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whose address is
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11201 SE 8th Street, Suite 160, Bellevue, WA 98004 M
and that neither the above firm nor I have
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a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT; N
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of N
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working C°
solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly c
stated (if any);
I acknowledge that this certificate is to be furnished to the City of Kent a
and the Federal Highway Administration, U.S. Department of Transportation in connection with this Y
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws,both criminal and civil. 3
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KBA, Inc.
Consultant(Firm Name)
Signature(Authorized Offidal of Consultant) Date v
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8.G.a
Exhibit G-1(b) Certification of City of Kent
I hereby certify that I am the:
❑X Agency Official
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❑ Other o
of the City of Kent , and KBA, Inc. N
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or its representative has not been required, directly or indirectly as an express or implied condition in connection a
with obtaining or carrying out this AGREEMENT to: L
a) Employ or retain, or agree to employ to retain, any firm or person; o N
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or N
consideration of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be furnished to the City of Kent Cn
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and the Federal Highway Administration, U.S. Department of Transportation, in connection with this Z
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and ,o
Federal laws,both criminal and civil.
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Signature Dana Ralph,Mayor Date
City o f Kent
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8.G.a
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility
Matters - Primary Covered Transactions
L The prospective primary participant certifies to the best of its knowledge and belief, that it and its 'o
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principals: a.
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A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily 2
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil L
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or L
contract under a public transaction; violation of Federal or State anti-trust statues or commission of N
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, N
or receiving stolen property; N
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity c
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; an Z
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D. Have not within a three 3 year period preceding this application /proposal had one or more ublic '�
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transactions (Federal, State and local)terminated for cause or default. c
II. Where the prospective primary participant is unable to certify to any of the statements in this m
certification such prospective participant shall attach an explanation to this proposal.
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KBA, Inc.
Consultant(Firm Name)
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Signature(Authorized Official of Consultant) Date O
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8.G.a
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her •o
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knowledge and belief, that: a
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1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any 2
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in a
connection with the awarding of any Federal contract, the making of any Federal grant, the making of a`
any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation,
renewal, amendment, or modification of Federal contract, grant, loan or cooperativeAGREEMENT. rn
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for N
influencing or attempting to influence an officer or employee of any Federal agency, a Member of N
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and in
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its 'D
5
instructions.
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This certification is a material representation of fact upon which reliance was placed when this c
transaction was made or entered into. Submission of this certification is a prerequisite for making or a
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file Y
the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than
$100,000.00 for each such failure. 3
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall E
require that the language of this certification be included in all lower tier sub-contracts, which exceed a
$100,000 and that all such sub-recipients shall certify and disclose accordingly.
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Consultant(Firm Name)
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Signature(Authorized Official of Consutant) Date
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8.G.a
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of
the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either o
actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's aL
representative in support of S. 212th St. Preservation-72nd Ave. S.to 84th Ave. S. *are accurate, complete, and current c
as of
This certification includes the cost or pricing data supporting any advance AGREEMENT'S and forward pricing a
rate AGREEMENT'S between the offer or and the Government that are part of the proposal. a`
Firm:
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Signature Title C°
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Date of Execution
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*Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project tit] 4;
**Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the E
contract price was agreed to. v
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Local Agency A&E Professional Services Agreement Numb
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 1 Packet Pg. 96
8.G.a
Exhibit J
Consultant Claim Procedure:
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The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The a`
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's c
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is M
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the N
consultant's claim(s)that total $1,000 or less. 2
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This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential a
claim by the consultant.
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Step 1 Consultant Files a Claim with the Agency Project Manager N
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is c
the request for consideration of the claim to theAgency's project manager. Cn
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The consultant's claim must outline the following:
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• Summation of hours by classification for each firm that is included in the claim
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• Any correspondence that directed the consultant to perform the additional work; a
• Timeframe of the additional work that was outside of the project scope; Y
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the 3
additional work; and c
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• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
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Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the in
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through c
the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will v
need to be from agency funds.
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If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, o
including backup documentation to the consultant to either supplement the agreement, or create a new
agreement for the claim. After the request has been approved, the Agency shall write the supplement
and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the L
final payment for the agreement is subject to audit. No further action in needed regarding the claim a
procedures. CO
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. N
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Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary 0
for the Director of Public Works or Agency Engineer that included the following: 2
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• Copy of information supplied by the consultant regarding the claim;
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• Agency's summation of hours by classification for each firm that should be included in the claim M
• Any correspondence that directed the consultant to perform the additional work; N
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• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate a`
with the additional work;
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• Explanation regarding those areas in which the Agency does/does not agree with the consultant's Cn
claim(s); N
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• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim. C°
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Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency M
Documentation ,o
The Director of Public Works or Agency Engineer shall review and administratively approve or c
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission a
approval (as appropriate to agency dispute resolution procedures). If the project involves federal Y
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement
of the claim. If the claim is not eligible for federal participation, payment will need to be from agency 3
funds.
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Step 5 Informing Consultant of Decision Regarding the Claim
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The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final Q
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision.
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Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) r
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The agency shall write the supplement and/or new agreement and pay the consultant the amount of the co
claim. Inform the consultant that the final payment for the agreement is subject to audit
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8.H
•
KENT
W A S M I N G T O N
DATE: April 6, 2021
TO: Kent City Council
SUBJECT: Interlocal Agreement with FileLocal for City of Kent
Business Licenses - Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement between
FileLocal and the City of Kent, subject to final terms and conditions
acceptable to the City Attorney and Finance Director.
SUMMARY: RCW 35.90.020 states that cities requiring a general business license
for business activities within their city must join either the state business license
system or the FileLocal system to administer city business licenses online. The City
of Kent has evaluated both business license systems and has chosen to join ten
other cities to become part of FileLocal.
FileLocal is a municipal corporation that was formed to make it easier and more
efficient for local businesses to apply for business licenses and file local taxes while
allowing cities to retain local control over licensing and tax collection functions and
policies. FileLocal will eventually allow the City to administer both its business
licenses and local business & occupation taxes in the same system, allowing local
businesses to accomplish both tasks on one website. About a year ago, and
through an act of legislation, the City was granted a one-year extension to July 1,
2021, to join FileLocal. Beyond that date, the City would be required to join the
state business license system.
FileLocal Resolution FL2021-02 adding the City of Kent to FileLocal's Interlocal
Agreement (ILA) will be brought before the FileLocal Board on March 18t". The City
of Kent had the option to enter the ILA as a subscriber or Principal City. The City
plans to join FileLocal as a Principal City to allow the City of Kent to assist with the
management of the agency and be a voting member on the executive board.
Joining the ILA is the next step to ensure we are on track to meet the July 1, 2021
deadline.
The maximum estimated implementation costs to join FileLocal are $104,000.
Implementation costs include the standard set up cost and custom web
development ensuring alignment with our current calculations and business needs
and the necessary testing needed to move to production. In addition, the City will
be responsible for paying its share of reimbursable and capital recovery costs in the
amount estimated to be $18,000. For 2021, this cost will be prorated based on our
Packet Pg. 99
8.H
go-live date.
BUDGET IMPACT: The business license project budget was established as part of
the 2021-2022 biennial budget process and accounts for the City's project
management and internal implementation costs. An increase in the project budget
for FileLocal's implementation cost with funding from Finance's Software Lifecycle
Fund must be established. In addition, a budget must be created for the ongoing
estimated annual operating budget of $18,000.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. ILA (PDF)
2. FileLocal Resolution (PDF)
3. File Local Discussion Points (PPTX)
03/23/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 4/6/2021 7:00 PM
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8.H.a
WASHINGTON MULTI-CITY BUSINESS LICENSE AND TAX PORTAL AGENCY
INTERLOCAL AGREEMENT
BY AND BETWEEN THE CITIES OF
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DATED AS OF MARCH 1, 2014
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TABLE OF CONTENTS
Section Caption Page
Recitals....................................................................................... 1
1 Creation of Washington Multi-City Business License and Tax Portal Agency.... 2
2 Term of Agreement......................................................................... 2
3 Definitions..................................................................................... 3 c
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4 Guiding Principles and Goals.............................................................. 6 J
5 Portal Agency Services..................................................................... 8 y
6 Portal Agency Powers...................................................................... 10
7 Executive Board: Composition and Operation.......................................... 1 1
8 Conversion of Status of Participating Cites;Addition of New Principals or m
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Subscribers................................................................................... 15 Y
9 Tax and Finance Operations Committee................................................. 16 c
10 Portal Agency Staffing 17
11 Portal Agency Manager..................................................................... 18 v
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12 Assignment of Portal Services Contract From Seattle to Portal Agency 19
13 Budget; Cost Allocation; Capital Cost Recovery Charges; Payment of Charges; c
Delinquencies; Reserve Funds............................................................ 19
14 Retained Authority and Responsibility of Participating Agencies................... 23 U.
15 Ownership of Property..................................................................... 23 s
16 Merger or Consolidation, or Sale of All or Substantially All Assets................. 24 3
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17 Withdrawal by, or Termination of,a Principal.......................................... 24
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18 Amendment of Agreement................................................................ 25
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19 Termination of Agreement;Dissolution of Agency.................................... 25
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20 Dispute Resolution.......................................................................... 26
21 Insurance..................................................................................... 27 0
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22 Indemnification and Hold Harmless...................................................... 27
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23 Intergovernmental Cooperation........................................................... 28
24 Notice......................................................................................... 29 m
24 Venue......................................................................................... 29 N
26 Filing.......................................................................................... 29
27 No Third Party Beneficiaries.............................................................. 29
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28 Severability 30 d
29 Ratification................................................................................... 30
30 Execution, Counterparts and Effective Date............................................. 30
List of Exhibits.............................................................................. 32 Q
A Proposed 2014 Portal Agency Budget Summary........................................ 33
B 2015-2020 Estimated Portal Agency Operating Budget Summary.................. 35
C Capital Cost Recovery Charges............................................................ 37
D Calculation of New Participant Capped Cost Increment and
New Participant Labor Cost Increment................................................... 38
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8.H.a
WASHINGTON MULTI-CITY BUSINESS LICENSE AND TAX PORTAL AGENCY
INTERLOCAL AGREEMENT
THIS AGREEMENT, incorporating all exhibits hereto, is entered into by and between the Cities
of Bellevue, Everett, Seattle and Tacoma(collectively, the "Principals")pursuant to the
Interlocal Cooperation Act Ch. 39.34 RCW and has been authorized by the legislative body of
each Principal.
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WHEREAS, each of the Principals is a city, a general purpose municipal corporation authorized m
by state law to issue local business licenses and collect a variety of local taxes; and
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WHEREAS, the Principals seek to make it easier and more efficient for businesses to apply for c
local business licenses and file local taxes, while retaining local control over local licensing and v
tax collection functions and policies; and ,o
WHEREAS, the Principals seek to accomplish these goals by jointly facilitating the creation of
an internet web application gateway(the"Portal")where tax collection and business licensing U.
functions can be collectively administered, and where businesses operating in multiple cities can
use a"one-stop" system for tax payment or business license application filing; and 3
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WHEREAS, the Principals have engaged in extensive outreach with other cities, state legislators, i
taxpayers and the business community to understand the interests of these stakeholders in Q
relation to development of the Portal; and
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WHEREAS, the creation of an intergovernmental entity, in the form of a governmental nonprofit
corporation whose members are Principals to oversee the operation of the Portal will enable each
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Principal to participate in management of the Portal, provide economies of scale to participating to
cities, and ensure continued control by each Principal of its tax and licensing policy and local tax J
collections; and
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WHEREAS, the collection of local taxes is an exclusively governmental activity of each of the
cities party to this Agreement; and r
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WHEREAS, the creation of an intergovernmental entity as described in this Agreement will
enable the Principals to carry out this exclusively governmental activity as a joint
instrumentality; and
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WHEREAS, it is anticipated that additional cities will elect to use the Portal over time, and that
some may wish to do so as subscribers of the Portal's services rather than as principals; and
WHEREAS, The City of Seattle has provided start-up funding for the development of the Portal
and has conducted a competitive procurement process in which staff from each of the Principals
participated with Seattle staff in selecting a preferred vendor to provide portal development,
hosting and maintenance services; and
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WHEREAS, The City of Seattle has entered into a contract with the preferred vendor, and the
vendor has begun work to develop the Portal with continued input from staff from each of the Jv,
Principals;
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NOW THEREFORE, in consideration of the promises and agreements contained in this m
Agreement and subject to the terms and conditions set forth, it is mutually understood and agreed Y
by the Parties as follows: 0
SECTION 1. CREATION OF WASHINGTON MULTI-CITY BUSINESS LICENSE `o
AND TAX PORTAL AGENCY. M
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The Washington Multi-City Business License and Tax Portal Agency, ("PORTAL AGENCY") U.
is hereby created as authorized by the Interlocal Cooperation Act(Ch. 39.34 RCW), and shall be
a municipal instrumentality of the Principals,jointl organized by the Principals as a nonprofit 3
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corporation under Chapter 24.06 RCW as expressly authorized by RCW 39.34.030(3)(b). The
Principals each assign to PORTAL AGENCY the responsibility for overseeing the development, i
operation and maintenance of an internet web application gateway to administer city business
licensing and tax collection functions as exclusively governmental activities, all as described
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herein.
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SECTION 2. TERM OF AGREEMENT.
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This Agreement shall have an initial term of approximately five years, ending on December 31, J
2019, (the "Initial Term"), and shall thereafter be perpetual, subject to the termination provisions
in Section 19 of this Agreement. During the Initial Term no Principal may withdraw from the
Agreement, provided that a Principal may convert or be converted to Subscriber status as
provided in Sections 8.a, 13.d and 131, and may upon action of the Executive Board be a
terminated from participation in the Agreement as provided in Section 131.
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SECTION 3. DEFINITIONS.
a. Agreement. The "Agreement"is this interlocal agreement, as it may hereafter be
amended or modified, together with all exhibits and appendices hereto, as they may hereafter be
amended or modified.
b. Articles of Incorporation. The"Articles of Incorporation" or"Articles" are terms
defining aspects of the PORTAL AGENCY corporate formation under 39.34.030(3)(b) and
consistent with RCW 24.06.025, as they may hereafter be amended by the Executive Board.
C. Board Member. A "Board Member" or"Executive Board Member" is the
individual representing a Principal on the Executive Board, whether the Chief Financial Officer w
of such Principal or his/her designated alternate.
d. Business and Occupation Taxes. "Business and Occupation Taxes" are Gross m
Receipt Taxes imposed by a Participating City as an exclusively governmental activity
authorized by state law and as defined in RCW 35.102.030. Y
e. Business Licenses. "Business Licenses" are licenses required to be obtained by c
businesses in order to operate within a Participating City, consistent with state law. v
f. Bylaws. "Bylaws" as adopted and amended from time to time by the Executive ,o
Board shall govern the operations of the PORTAL AGENCY Executive Board, Operations
Committee, and the officers thereof.
g. Capital Cost Recovery Charge. The "Capital Cost Recovery Charge" is an annual U.
fee charged to all Participating Cities other than the City of Seattle, for the purposes of
reimbursing Seattle for a portion of the funding it provided to pay for start-up of the PORTAL 3
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AGENCY, as further described in Section 13.j.
h. Capped Costs. "Capped Costs"means all items in the PORTAL AGENCY i
budget excluding: Q
i. Labor Costs unrelated to increases in full or partial staff positions;
ii. Costs payable pursuant to the Portal Services Contract with the Vendor;
iii. State Auditor's Office Audit costs;
iv. Accounting services;
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vi. Bank fees; a
vii.Any unanticipated expenses outside the normal course of business, for J
example, costs of litigation or damages,uninsured losses, tax or other
liabilities resulting from a change in law, and events of force majeure (e.g. z
fire, explosion, accident, volcanic eruption, flood, epidemic, civil r
disturbance). a
i. CPI-U Limit. "CPI-U Limit"means the percentage increase (or decrease) equal
to the percentage increase (or decrease) year to year in the Consumer Price Index—Urban for the
Seattle/Tacoma/Bremerton metropolitan area, April—April, calculated by the Federal Bureau of
Labor Statistics, or its successor index.
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j. Executive Board. The "Executive Board"is the body described in Section 7 and
shall be the governing body of the PORTAL AGENCY.
k. Gross Receipts Taxes. "Gross Receipts Taxes" are taxes imposed by Participating
Cities which are based on the gross receipts of certain businesses, specifically to include
Business and Occupation Taxes as defined by RCW 35.102.030 as well as other taxes imposed
by Participating Cities on utilities or businesses that are collected on basis of such gross receipts
in accordance with applicable law. For purposes of this Agreement, Gross Receipts Taxes also
includes square footage taxes imposed by a Participating City for the act or privilege of doing
business in that city and calculated based on the amount of space occupied and used for those
business activities within that city. w
1. Initial Term. The "Initial Term" is the period from the effective date of this
Agreement through December 31, 2019. 3
in. Labor Costs. "Labor Costs"include salary,benefits and other compensation m
provided to Portal Agency employees (if any) and/or loaned staff. Y
n. Licensees. "Licensees" are businesses or individuals that apply for a Business c
License from a Participating City or Cities using the Portal. v
o. Manager. The "Manager" is the chief operating officer for PORTAL AGENCY o
appointed by and serving at the pleasure of the Executive Board.
P. New Participant Capped Cost Increment. The "New Participant Capped Cost
Increment" is an amount calculated each budget period to identify the maximum amount by LL
which Capped Costs may increase in the Executive Board approved draft or final budget for such
period without unanimous approval of the Executive Board Members representing all Original 3
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Principals, as further described in Section 13.b.iv.1 and Exhibit D.
q. New Participant Labor Cost Increment. The"New Participant Labor Cost i
Increment" is an amount calculated each budget period to identify the maximum amount by
which Labor Costs may increase to provide for additional full or partial staff positions in the
Executive Board approved draft or final budget for such period without requiring unanimous
approval of the Executive Board Members representing all Original Principals, as further
described in Section 13.b.iv.2 and Exhibit D.
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r. Operations Committee. The"Operations Committee"or"Tax and Finance N
Operations Committee"is the committee described in Section 9. J
S. Original Principals. The Original Principals are those four cities initially signing
this Agreement: the cities of Bellevue, Everett, Seattle and Tacoma.
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t. Participating ities. All Principals, and all Subscribers, as they may be so
constituted from time to time, are collectively referred to as the "Participating Cities" or a
"Participants," and individually referred to as a"Participating City" or"Participant."
U. Population. "Population" is the residential population of a City, according to the
most recent annual report issued by the State Office of Financial Management each year
determining the population of each city for purposes of taxation and allocation of certain state
shared revenues in the following calendar year.
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V. Portal. The "Portal" is an internet web application gateway owned, operated and
maintained by the Vendor under contract with the PORTAL AGENCY that affords Taxpayers
and businesses a single access point through which they may apply for business licenses from,
and pay taxes and fees to, Participating Cities, and receive information related to these functions.
W. PORTAL AGENCY. "PORTAL AGENCY"means the Washington Multi-City
Business License and Tax Portal Agency.
X. Portal Operations Policy. The "Portal Operations Policy"is a separate document
adopted by Supermajority Vote of the Executive Board, as it may be amended from time to time,
which describes how data will be shared between the Participating Cities and the PORTAL
AGENCY, and sets forth operating procedures and rules for the Portal. w
Y. Portal Services Contract. The `Portal Services Contract" is that certain contract
dated as of September 6, 2013 between The City of Seattle and eGov Systems, a Louisiana m
corporation, to develop software for, and host the Portal operations. The Portal Services
Contract is to be assigned to the PORTAL AGENCY by The City of Seattle pursuant to Section Y
12 of this Agreement. c
Z. Principal. A "Principal" is a general purpose municipal corporation formed as a v
city under the laws of the state of Washington which imposes a Business and Occupations Tax o
and which has accepted the terms of and is a party to this Agreement and has paid its share of
initial costs as may be required by the Executive Board as a condition to becoming a Principal.
Principals shall receive services offered by the PORTAL AGENCY according to such terms and U.
conditions as may be established by the Executive Board.
aa. Representative. The term"Representative"refers to the individual representing a
Principal or a Subscriber on the Operations Committee, or his/her designated alternate.
bb. Simple Majority. A"Simple Majority Vote"of the Executive Board means i
a majority(more than 50%) of the votes of the Board Members present constituting a quorum, Q
with each Board Member that is present and voting having one vote.
CC. Subscriber. A "Subscriber" is a general purpose municipal corporation, formed as
a city under the laws of Washington which has agreed to pay the PORTAL AGENCY for
services according to such terms and conditions as may be established by the Executive Board
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and evidenced by separate contract between the PORTAL AGENCY and such entity. A
Principal may convert or be converted to Subscriber status as provided in Sections 8, 13.d and J
131 and a Subscriber may convert to a Principal as described in Section 8.
dd. Supermajority Vote. A "Supermajority Vote"means Executive Board approval
of an item accomplished by securing affirmative votes of not less than sixty-six percent (66%) of
all voting Board Members of the Executive Board in number, and not less than sixty-six percent a
(66%) in number of the Original Principals.
ee. Taxpayers. "Taxpayers" are businesses subject to local city taxes imposed by a
Principal or Subscriber, payment of which is or can be administered by the Portal.
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f£ Transaction. A "Transaction" is a payment or filing for a Business License, or a
payment or filing of an online tax form (where multiple taxes filed on the same online tax form
are counted as a single Transaction), made on the Portal by a business to a Participating City;
provided, however, that where historical actual Transactions counts are to be used(rather than
payments and transactions made on the Portao, then Transactions includes the total actual
Business License filings and Gross Receipts Tax filings (where multiple taxes filed on the same
tax form are counted as a single Transaction) for the Participating City over the applicable
period. The Executive Board may refine this definition from time to time by amending the Portal
Operations Policy in order to accommodate expansion of services offered by the Portal or to
address other issues. y
gg. User Fees. "User Fees" are fees and charges imposed on businesses, Licensees or
Taxpayers per Executive Board approval as part of PORTAL AGENCY's budget approval 3
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process. c
hh. Vendor. The Vendor is eGov Systems, a Louisiana corporation, which through Y
the Portal Services Contract is providing services to develop, establish, host, own and maintain 0
the Portal, associated online data storage and services. The Vendor has ownership of the Portal. v
The term Vendor shall also include any successor in interest to eGov Systems or any successor o
firm(s) or agency(s) with which the PORTAL AGENCY may contract to provide Portal
development, hosting, maintenance, and associated online data storage and services.
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SECTION 4. GUIDING PRINCIPLES AND GOALS.
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a. Guiding Principles of PORTAL AGENCY. The Principals intend that the
PORTAL AGENCY actions be guided by the following guiding principles: i
i. Local Control—The PORTAL AGENCY will seek to respect and preserve
each Participating Cities' authority to set local tax policies.
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ii. IntegritX—The PORTAL AGENCY will be honest, truthful and
straightforward.
iii. Accountability—The PORTAL AGENCY will be responsible for its actions
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and decisions, a good steward of public funds and transparent in its to
operations. J
iv. Flexibility/Adaptability—The PORTAL AGENCY will strive to nimbly
respond to a changing business, technology and policy environment.
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V. Security—The PORTAL AGENCY will at all times seek to safeguard
Taxpayer, Licensee and Participating City data. a
vi. Accessibility—The PORTAL AGENCY will seek to be accessible and
responsive to Taxpayers, Licensees and Participating Cities.
vii. Affordability—The PORTAL AGENCY will seek to be affordable to both
Participating Cities and businesses and taxpayers using the Portal. Also, fees
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and charges will be structured so that the addition of new Cities using the
Portal does not impose additional costs on prior Participating Cities.
b. Goals of the PORTAL AGENCY. The Principals acknowledge and support the
following goals which they seek to accomplish by this Agreement and creation of the PORTAL
AGENCY:
i. Taxpayers and Licensees utilizing the Portal will have a seamless, transparent,
user-friendly and efficient experience.
ii. It will be easy and timely for Taxpayers and Licensees to access
knowledgeable staff at each Participating City to respond to tax or licensing w
questions.
iii. The Portal will have error-free data collection, transmittal and tax payment
allocation as between Participating Cities. m
iv. There will be local control and oversight of tax collections and tax policy. Y
V. Participating Cities will be accountable for the accuracy and timeliness of c
information they provide to the PORTAL AGENCY and for their customer v
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service response. �o
vi. Decision-making will by jointly exercised by the Principals through the M
Executive Board.
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vii. The PORTAL AGENCY will seek to balance the interests of information U.
technology, treasury, finance and tax staff within Participating Cities in the
development of the Portal's capabilities and operating rules.
viii. The PORTAL AGENCY will comply with all legal requirements, including
but not limited to public record-keeping,public meetings,public records, i
security, and audit requirements.
ix. The PORTAL AGENCY will be able to accommodate additional city partners 0
as Principals or Subscribers over time, and be able to process additional types
of local taxes and licenses over time.
X. The PORTAL AGENCY will support the ability to maximize use of the Portal
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by Taxpayers and Licensees so that Participating Cities do not need to to
replicate the Portal's services. J
xi. The PORTAL AGENCY will maximize compatibility with Participating
City's systems of record for data storage and processing.
xii. The PORTAL AGENCY will coordinate with the state Department of
Revenue. a
xiii. The PORTAL AGENCY will be a cost effective solution for Participating
Cities.
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SECTION 5. PORTAL AGENCY SERVICES.
a. Generally. The PORTAL AGENCY has the responsibility and authority for
overseeing the Vendor's contractual responsibilities to develop, own, operate, maintain and
manage the Portal and for managing the operations of the PORTAL AGENCY. It is expressly
contemplated that this scope of services includes:
i. The implementation, operation and maintenance of replacement or upgrades
of the Portal as necessary or appropriate.
ii. The development and adoption of rules for access, use and maintenance of the °2'
Portal by City Participants, Taxpayers and Licensees. Jv,
iii. Expansion of the scope of services offered through the Portal if approved per
Subsection 5.c below.
iv. Other responsibilities reasonably necessary for the development, operation m
and maintenance of the Portal. Y
V. Other related or ancillary services. 0
b. Limitation on Authority. The PORTAL AGENCY shall have no authority to set o
tax rates or tax classifications for Participating Cities, to set local tax policy, tax rules, deductions M
or exemptions; or take enforcement action on behalf of any Participating City. The PORTAL
AGENCY is created by the Principals to manage the Participating Cities'joint participation in the U.
facilitation of an exclusively governmental activity, specifically, the collection of certain local
taxes. 3
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C. Expansion of Scope of Services. The Portal will be initially established with the i
capability to handle payment of Gross Receipts Taxes and filing of applications for Business
Licenses. PORTAL AGENCY may provide additional capability to pay additional types of city 0
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taxes or application for additional types of city licenses through the Portal only upon approval of
a Supermajority Vote of the Executive Board;provided, however, that the cost of service
expansions will be allocated only to those Participating Cities electing to participate in such
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services. N
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d. Requirement of Participating Cities to Utilize Services of Portal.
i. Gross Receipts Tax Collection Services: Participating Cities shall be required
to offer their Taxpayers the option of paying Gross Receipts Taxes through
the Portal, if and to the extent such taxes are imposed by a Participating City. a
ii. Other Services: Except as required by Subsection 5.d.i above, no
Participating City shall be required to utilize any other service of the Portal
without the prior written approval of such City.
iii. Provision of Alternate Collection Options by ParticipatingCities.ities. Nothing in
this Agreement shall be interpreted to preclude a Participating City from
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offering its Taxpayers or businesses additional means (other than through the
Portal) for acquiring Business Licenses or paying any local taxes, including
but not limited to payment of Gross Receipts Taxes.
iv. Operating Policies and Rules for Use of Portal. In order to protect sensitive
Taxpayer data, and assure the relationship between the Portal and
Participating Cities remains fully functional and secure, the Executive Board
shall adopt a Portal Operations Policy. It is understood and agreed that the
access and use of the Portal by any Principal or Subscriber is conditioned on
that party consenting in writing to comply with the Portal Operations Policy.
Such consent shall be signified by signature of the chief executive officer of w
each Participating City, or his/her designee, and shall not require further
legislative action of the Participating City. The Portal Operations Policy will 3
be regularly reviewed and updated by the Executive Board as necessary or m
appropriate. Y
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e. Additional Activities of the PORTAL AGENCY. At the discretion of the v
Executive Board, the PORTAL AGENCY may, in addition to the services described in Section o
5.a above:
i. Participate in forums for Participating Cities to discuss tax policy issues
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(including but not limited to the Association of Washington Cities Tax Policy U.
Advisory Group or its successor in interest);
ii. Provide education to Taxpayers and Businesses regarding the Portal and the
PORTAL AGENCY, and work to increase transparency about Participating
City tax policies and activities; i
iii. Provide a forum for businesses and others to provide feedback and
suggestions on the use and functionality of the Portal and the taxes and
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licenses administered through the Portal; and
iv. Provide a forum for discussion, coordination and execution of coordinated
enforcement activities,provided that the PORTAL AGENCY itself is not
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authorized to take any tax collection or license fee enforcement actions on N
behalf of a Participating City. The PORTAL AGENCY shall not use or J
authorize the use of the Portal or such forum for the purpose of assisting a
campaign for election of any person to any office or for the promotion of or
opposition to any ballot proposition.
V. The PORTAL AGENCY shall coordinate with the Washington State a
Department of Revenue with regard to the Portal's operations and
functionality to minimize the need for Taxpayers and Licensees to enter data
on the Portal and any separate state tax payment and licensing systems.
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SECTION 6. PORTAL AGENCY POWERS.
Through its Executive Board,the PORTAL AGENCY shall have all powers allowed by law for
interlocal agencies created under RCW 39.34.030 and Chapter 24.06 RCW, as authorized,
amended, or removed by the Executive Board, as provided for in this Agreement and including
but not limited to the following:
a. Recommend action to the legislative bodies of the Participating Cities;
b. Review and approve budget expenditures for the PORTAL AGENCY;
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C. Establish policies for expenditures of budget items for the PORTAL AGENCY;
d. Review and adopt a personnel policy for the PORTAL AGENCY(if applicable); n
e. Review and approve operating, Portal use, and financial policies for the PORTAL 00
AGENCY; Y
f. Establish a fund or special fund or funds as authorized by RCW 39.34.030 for the c
operation of the PORTAL AGENCY;
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g. Conduct regular and special meetings as may be designated by the Executive ,o
Board consistent with the state Open Public Meetings Act(Ch. 42.30 RCW) as now or hereafter
amended; J
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h. Maintain and manage records in accordance with the state Public Records Act U.
(Ch. 42.56 RCW) as now or hereafter amended, and other applicable state and federal laws and
regulations; 3
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i. Determine what services shall be offered and under what terms they shall be E
offered, consistent with Section 5.
j. Retain and terminate a Manager; a
k. Create committees to review and make recommendations and carry out such o
functions and responsibilities as the Board may expressly provide; ;
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1. Approve strategic plans;
in. Approve the addition of new Principals and new Subscribers and the terms of N
their participating in PORTAL AGENCY and receipt of PORTAL AGENCY services; a
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n. Enter into agreements with third parties for goods and services necessary to fully —
implement the purposes of this Agreement;
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o. Establish fees and charges for services provided to Participating Cities or other
parties, including but not limited to Taxpayers and Licensees using the services of the Portal; r
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p. Direct and supervise the activities of any committee established and/or any
advisory boards, and the Manager;
q. Accept grants of funds from any federal, state, local or private agencies and
receive and distribute such funds;
r. Receive all funds allocated to PORTAL AGENCY by Participating Cities;
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S. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold,
improve, use and otherwise deal in and with real or personal property, or any interest therein, in
the name of PORTAL AGENCY;
t. Sell, convey, lease, exchange, transfer, and otherwise dispose of all of its property
and assets;
U. Sue and be sued, complain and defend, in all courts of competent jurisdiction in
PORTAL AGENCY's name;
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V. Make and alter bylaws for the administration and regulation of its affairs; and
W. Any and all other lawful acts necessary to further PORTAL AGENCY's goals
and purposes.
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X. Notwithstanding the foregoing, the PORTAL AGENCY shall not have the m
authority to issue debt in its own name. c
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The Portal Agency, as a joint instrumentality of its municipal corporation members under
Chapter 39.34 RCW, shall have no powers or authority that are not held by Washington cities. c
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SECTION 7. EXECUTIVE BOARD: COMPOSITION AND OPERATION.
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a. Composition. The Executive Board shall be composed of one (1) Board 3
Member from each Principal,plus at least one (1) non-voting Board Member representing
PORTAL AGENCY Subscribers. Such representatives are referred to as a Board Member or
Board Members of the Executive Board. 0
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b. Powers. The Executive Board shall have final decision making authority upon all c
policy issues and shall exercise the powers described in Section 6. The Executive Board may
delegate responsibility for execution of Executive Board policies and directives and for day-to-
day operational decision-making to the Manager, including the hiring and supervision ofLO
additional staff positions authorized by the Executive Board, subject to the terms of Section 11. to
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C. Limitation on Total Number of Voting Board Members on Executive Board;
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Allocation of Executive Board Positions Among Multiple Principals. Notwithstanding the terms
of Subsection 7.a, at no time shall the number of Executive Board Members exceed fifteen(15)
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voting members, and for so long as it remains a Principal, no Original Principal shall be required a
to share representation of its Board seat with another Principal. If the addition of a new Principal
would cause the number of Executive Board voting Board Members to exceed fifteen(15), then
the Principals with the smallest Population shall share a single Board Member position in order
to reduce the number of Executive Board voting Board Members to fifteen(15);provided that, if
over five (5) Principals would be represented by a single Board Member, then an additional
v. 11.4.13 11
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8.H.a
Board seat shall be converted for shared representation, to be shared by the Principals with the
smallest Population. In the event that the number of Principals sharing representation is not
evenly divisible by the number of shared seats, then the Principals with the larger Population
shall be given the benefit of the allocation(e.g., if 7 Principals are to share 2 seats, then the 3
Principals with the largest Population(within the group sharing representation) shall share one
(1) seat, and the four(4) Principals with the smallest populations shall share the second seat). If
the number of Principals exceeds 59, then the same process as described above shall be repeated,
that is, moving to a maximum of six (6) Principals sharing a seat, and so on(seven(7) Principals
sharing a seat, etc.) as necessary to accommodate additional Principals.
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d. Method of Determining Selection of Subscriber Representatives) or Shared
Voting Board Member(s). Subscribers shall initially share one (1) non-voting seat on the m
Executive Board. The Executive Board may by Supermajority Vote increase the number of non- c
voting seats for Subscribers, and may define how such additional seats are allocated among Y
Subscribers. Unless otherwise described in the Bylaws, Subscribers sharing representation of the c
non-voting Board Member shall determine the means by which to select their Executive Board v
representative and shall inform the Board of their choice at the time of the biennial Executive o
Board Officer elections (or at such other times as may be required in the event of a vacancy).
Similarly, those Principals sharing representation on a single Executive Board seat shall
determine the means by which to select the position, and shall make the determination at the LL
same time as the biennial Executive Board Officer elections (or at such other times as may be
required in the event of a vacancy).
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i. Unless otherwise described in the Bylaws, in the event that Subscribers or
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Principals are unable to agree on a shared representative or Board Member on Q
a timely basis, the remaining Executive Board Members may make the
selection for them by a vote of the Executive Board. °
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ii. Individuals representing multiple Subscribers or Principals are expected to c
confer with the Cities they represent.
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e. Qualifications to Serve on Executive Board. To serve on the Executive Board, as a
either a voting or non-voting Board Member, a person must be the appointing city's Chief J
Financial Officer(e.g., finance director or city treasurer, or equivalent), or their deputy or
equivalent. An individual representing multiple cities on a single Executive Board seat, or z
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serving as the non-voting Subscriber representative shall similarly hold such a position within r
one of the Subscriber cities sharing such representation. a
f. No Compensation for Serving on Executive Board. All Executive Board
Members and their alternates shall serve without compensation from the PORTAL AGENCY.
However, the PORTAL AGENCY may pay for or reimburse Executive Board Members and
alternates for out-of-pocket costs related to service on the Executive Board.
v. 11.4.13 12
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8.H.a
g. Term of Office; Vacancies. Executive Board Members shall serve on the
Executive Board for so long as they hold a position that qualifies them for the seat, unless the
city they represent elects to appoint another individual. Executive Board Members representing
multiple Cities (either as a Principal or Subscriber) shall serve until the next Board Officer
elections. Any vacancies shall be promptly filled by the appointing Principal, group of
Principals, Subscribers, or the Executive Board(per Section 7.d.i), as appropriate.
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h. Alternates. Each Executive Board Member shall have a single alternate
designated in writing. Alternates must meet the same qualification as the designated Board Jv,
Member or have similar financial expertise and be in a management position within their city.
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i. Quorum. A simple majority of the Board Members (or their alternates) in number m
(excluding any Board Member which per Section 17 has given notice of withdrawal or which has Y
been terminated by vote of the Executive Board) shall constitute a quorum of the Executive c
Board for purposes of taking action. v
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j. Voting. The Executive Board shall strive to operate by consensus. All Executive M
Board decision on items not listed in Section 71 shall require a Simple Majority Vote for
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approval. A Board Member may not split his or her vote on an issue. No voting by proxies or LL
mail-in ballots will be allowed. Voting by a designated Alternate is not considered a vote by
proxy. A Board Member representing a Principal that has given notice of withdrawal or which 3
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has been terminated by vote of the Executive Board shall be authorized to cast votes at the
Executive Board only on budget items to be implemented prior to the withdrawal or termination i
date.
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k. Items Requiring a Supermajority Vote for Approval: °
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i. Approval or amendment of the budget or draft budget. (Per Section 13.b.iv,
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approval of the draft and final budget or amendments thereto also requires N
unanimous approval of the Original Principals in certain instances). a
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ii. Approval or amendment of user fees and charges.
iii. Approval of the Portal Operations Policy or amendments thereto.
iv. Adoption or amendment of the Bylaws or amendment of the Articles of
Incorporation. r
V. A decision to acquire assets, equipment, real or personal property, or bind the a
PORTAL AGENCY to pay total or cumulative any contract amounts over
$50,000,provided that, this threshold amount will be indexed on the fifth
anniversary of the formation of the PORTAL AGENCY and every five (5)
years thereafter by the CPI-U Seattle-Tacoma-Bremerton.
vi. Admission of a new Principal.
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8.H.a
vii. Admission of a new Subscriber.
viii. The decision to create an additional non-voting seat for Subscribers on the
Executive Board.
ix. Addition of any staff positions, or partial staff positions, to support PORTAL
AGENCY operations. (Per Section 13.b.iv, approval of funding for increases
in the number of staff positions also requires unanimous approval of the
Original Principals in certain instances).
X. Appointing or removing the Manager.
xi. Merger, consolidation, sale of all or substantially all assets of the PORTAL
AGENCY (See Section 16).
xii. Amendment of the Agreement(except for those amendments requiring
approval of all legislative bodies of the Principals per Section 18).
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xiii. Termination or dissolution of the PORTAL AGENCY (See Section 19). c
xiv. Any other action actions requiring a sixty six-percent(66%) Supermajority Y
vote under Chapter 24.06 RCW. c
1. Officers. The Executive Board shall have four officers, a Chair, Vice-Chair, 1.2
Secretary and Treasurer. It will be the function of the Chair to preside at the meetings of the M
Executive Board. The Vice-Chair shall assume this role in absence of the Chair. At the first
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meeting of the Executive Board following the effective date of this Agreement, the officers shall U.
be elected, and shall serve in this capacity through April 1, 2016, whereupon a new Chair and
Vice-Chair shall be elected by the Executive Board. Biennially thereafter, the Executive Board 3
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shall elect a new Chair and Vice-Chair for two (2) year terms commencing each April 1. In the
event of a vacancy in the Chair position, the Vice-Chair shall assume the Chair for the balance of i
the term of the departed Chair. In the event of a vacancy in the Vice-Chair position, the
Executive Board shall elect a new Vice-Chair to serve the balance of the term of the departed 0
Vice-Chair. An officer elected to fill the unexpired term of his or her predecessor shall not be
precluded from serving one or more full annual terms of office following the end of such
unexpired term. Any officer appointed by the Executive Board may be removed by vote of the
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Executive Board, with or without cause, in which event the Executive Board shall promptly elect to
a new officer who shall serve until the next regular officers' board term begins. The Executive J
Board may appoint persons other than Board Members of the Executive Board to serve as
Secretary and Treasurer of the PORTAL AGENCY. The duties of all officers shall be further
described in the PORTAL AGENCY Bylaws.
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in. Staffing. The Manager shall assign agency staff to support the Executive Board
as he or she deems appropriate.
n. Meetings. The Executive Board shall meet as often as it deems necessary and not
less than once a year, at a time and place designated by the Chair of the Executive Board or by a
majority of its Board Members. Not less than fourteen(14) days advance notice of regular
v. 11.4.13 14
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8.H.a
meetings shall be given. Special meetings may be called by the Chair or any two (2) Board
Members upon giving all other Board Members not less than ten(10) days prior notice. In an
emergency, the Executive Board may dispense with written notice requirements for special
meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to
all Executive Board Members. Board Members (or alternates)may participate in meetings by
telephone conference or equivalent means of voice communication. At all times the Executive
Board shall comply with Ch. 42.30 RCW (Open Public Meetings Act).
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o. Articles of Incorporation and Bylaws. Unless otherwise provided in the Articles
and Bylaws or by vote of the Executive Board,upon the request of any Board Member of the y
Executive Board, Robert's Revised Rules of Order shall govern any proceeding of the Executive
Board.
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P. Consultation with Operations Committee. It is the intent of this Agreement to Y
seek the active participation and advice of Participating Cities in the determination of PORTAL o
AGENCY policies and management. To the extent practicable, all items to come before the
Executive Board shall have been previously subject to the review, comment and `o
recommendation of the Operations Committee and the Executive Board shall consider input from
the Operations Committee in its deliberations. 0
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q. Consultation with Businesses, Taxpayers and Participating Cities.ities. Not less than
once each year the Executive Board shall seek input from Taxpayers and Participating Cities for 3
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the purpose of securing feedback and information on the efficiency and effectiveness of the
Portal and PORTAL AGENCY programs.
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SECTION 8. CONVERSION OF STATUS OF PARTICIPATING CITIES; ADDITION c
OF NEW PRINCIPALS OR SUBSCRIBERS. as
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a. Loss of Principal Status. As described in Sections 13.d and 131 hereof, a
Principal shall be converted to Subscriber for failure to approve its share of the budget or for
nonpayment or delinquency in payment of charges and fees. On the date of such conversion, J
said former Principal shall:
i. lose its representation on the Executive Board;
ii. lose its right to receive a share of the PORTAL AGENCY assets upon
dissolution of the PORTAL AGENCY; r
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iii. become subject to payment of charges and fees in accordance with the then
applicable payment formula for Subscribers; and
iv. be bound by the terms of the then current Subscriber service contract.
The conversion of a Principal to Subscriber shall not discharge or relieve any Principal of its
obligations to the PORTAL AGENCY or any other Participating City.
v. 11.4.13 15
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8.H.a
b. Election to Convert to Subscriber. A Principal may elect to convert to Subscriber
status effective the first day of the next budget period by giving notice of its intent to the
Governing Board not less than eight(8)months in advance of such effective date;provided that,
a Principal may not exercise such election to take effect within the Initial Term. Such
conversion shall be effective as proposed without further action of the Executive Board, barring
any basis for terminating the Principal and action thereon by the Executive Board.
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C. New Principals. A city or town otherwise meeting the qualifications of a
Principal in Section 3.z hereof may be admitted to the PORTAL AGENCY as a Principal upon w
Supermajority Vote of the Executive Board as required under Section 71 and its approval and
execution of a document confirm. Similarly, a Subscriber may apply to the Executive Board to m
be converted to Principal status. As a condition of becoming a Principal, whether by conversion
or new admission, the Executive Board may require payment or other contributions or actions by Y
the new Principal as the Executive Board may deem appropriate consistent with the Bylaws and 0
Portal Operations Policy, and may set such start date for service as it deems appropriate, it being v
the intention that the addition of new Principals shall not cause then-existing Principals to incur o
additional costs. M
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d. New Subscribers. The determination of whether to accept Subscribers shall be
made by the Executive Board in a manner similar, and subject to such terms and conditions, as LL
that for accepting new Principals, it being the intention that the addition of new Subscribers shall 3
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not cause then-existing Principals or Subscribers to incur additional costs.
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SECTION 9. TAX AND FINANCE OPERATIONS COMMITTEE. a
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a. Role and Responsibilities. A Tax and Finance Operations Committee
("Operations Committee") shall be established to provide advice and recommendations to the
Executive Board. The Executive Board may determine to direct the Operations Committee to
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perform specific responsibilities within Board-defined parameters. The Operations Committee to
shall endeavor to promote interagency collaboration, cooperation and information sharing J
between PORTAL AGENCY Principals and Subscribers. The Operations Committee shall:
i. Assist in the review and development of Portal Operations Policy and
amendments thereto, Portal development options,proposed new service
options, and such other matters as the Executive Board may direct; a
ii. Make reports and recommendations to the Executive Board from time to time
on matters the Operations Committee deems appropriate;
iii. Assist in the review and development of proposed PORTAL AGENCY
budgets;
v. 11.4.13 16
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8.H.a
iv. Provide written recommendations with respect to the proposed budget to the
Executive Board at the time the proposed budget is submitted to the Executive
Board;
V. Provide advice, information and recommendations to the PORTAL AGENCY
Manager and staff,
vi. Assist in communications to City Councils, legislators,business community
on PORTAL AGENCY issues; Z
vii. Reach out to technology staff within their respective Cities for input and
ideas, and to keep them apprised of PORTAL AGENCY issues;
viii. Brief their respective Executive Board Members in advance of Executive w
Board meetings.
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b. Membership. Membership of the Operations Committee shall include one (1) c
Representative from each Principal, appointed by that Principal,plus at least one (1) Y
representative, appointed by the Executive Board, to represent Subscribers. Each Principal shall c
also appoint in writing a designated alternate to serve on the Operations Committee in case of v
absence of the primary Representative. o
C. Qualification to serve on Operations Committee. Representatives and their
alternates shall be staff from the Principal they represent, with expertise in city tax policy and U.
administration and/or city financial policy and administration. Persons serving on the Operations
Committee are referred to as Representatives (or alternates) and shall serve without 3
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compensation from the PORTAL AGENCY.
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d. Officers, Voting„ Meeting. The Operations Committee shall select a Chair Q
and Vice-Chair from among the membership of the Operations Committee. Each Representative
on the Committee shall have one vote. The meeting rules for the Operations Committee shall be
further defined in the PORTAL AGENCY Bylaws.
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e. Staffing. The Operations Committee shall be staffed by the Manager and such N
additional agency staffing as the Manager may deem appropriate. J
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SECTION 10. PORTAL AGENCY STAFFING. E
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a. The PORTAL AGENCY shall be staffed in such manner as the Executive Board a
determines, including but not limited to the use of loaned employees from Principals, consultants
or other service providers, purchase of services from Principals or others, or hiring staff, or any
combination of the foregoing.
v. 11.4.13 17
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b. As described in Section 13.b.iv.2 and Exhibit D, any increase in Labor Costs in
excess of the New Participant Labor Cost Increment requires approval of a Supermajority Vote
of the Executive Board as well as the approval of all Board Members representing all Original
Principals.
SECTION 11. PORTAL AGENCY MANAGER.
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a. Portal Agency Manager- Appointment, Responsibilities and Authority. The
Executive Board shall be responsible for the appointment and termination of a Manager of the J
PORTAL AGENCY, and shall request input from the Operations Committee, or any other y
standing committees created by the Executive Board, regarding any proposed appointment. The
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Manager shall: m'
i. Be responsible to the Executive Board and shall advise it from time to time
on a proposed budget and other appropriate matters in order to fully Y
implement the purposes of this Agreement; 0
ii. Administer the PORTAL AGENCY in its day-to-day operations consistent <�
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with the policies adopted by the Executive Board; °
iii. Appoint persons to fill other staff positions, subject to confirmation by the c
Executive Board as the Board may require;
iv. Submit quarterly budget and operation performance reports to the Executive LL
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Board in a form acceptable to the Executive Board; 3
V. Undertake outreach to Taxpayers, Licensees and businesses, as well as to c
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Participating Cities on the effectiveness of the PORTAL AGENCY
operations and programs.
vi. Manage and oversee performance of the Vendor and other vendors or Q
contractors providing services to the PORTAL AGENCY. c
vii. Consult in advance with the Operations Committee on issues to come before ;
the Executive Board, including but not limited to working with the
Operations Committee in the development of the PORTAL AGENCY's LO
budget and policies.
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b. Qualifications, Retention and Termination. The Manager shall have experience in
technical, financial and administrative fields and his or her appointment shall be on the basis of
merit only. The Manager is an"at will"position and may be terminated from his or her position
as Manager upon the Supermajority Vote of the Executive Board, without cause. a
C. Legal Counsel, Accountants and Auditors. Only the Executive Board shall be
authorized to hire or retain legal counsel and independent accountants and auditors. Other
consultants may be designated in such manner as the Executive Board may determine subject to
Sections 6 and 7.
v. 11.4.13 18
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8.H.a
d. Contracts and Support Services. Subject to the terms of the Bylaws, the
Executive Board or the Manager with advice of the Operations Committee shall as necessary
contract with appropriate local governments or other third parties for the use of space for its
operations, and for staff and auxiliary services including,but not limited to, records, payroll,
accounting,purchasing and data processing. Notwithstanding the foregoing, only the Executive
Board may approve changes to the Portal Vendor(s) or Portal Vendor Services Contract. y
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SECTION 12. ASSIGNMENT OF PORTAL SERVICES CONTRACT FROM SEATTLE
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TO PORTAL AGENCY.
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Promptly following the execution of this Agreement and the filing of such forms with the m
Washington Secretary of State as are necessary to incorporate the PORTAL AGENCY as a Y
nonprofit corporation, The City of Seattle agrees to assign the Portal Services Contract to the c
PORTAL AGENCY, together with all rights and responsibilities appurtenant thereto and the
PORTAL AGENCY shall agree to accept such assignment, rights and responsibilities, it being c
the intent of the parties to this Agreement that the PORTAL AGENCY shall assume all '~
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responsibility for overseeing and funding the work of the Vendor pursuant to such Portal J
Services Contract as soon as practicable following formation of the PORTAL AGENCY. 2
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SECTION 13. BUDGET; COST ALLOCATION; CAPITAL COST RECOVERY
CHARGES; PAYMENT OF CHARGES; DELINQUENCIES; RESERVE FUNDS. E
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a. Budget Fiscal Year. The budget fiscal year shall be either the calendar year, or
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two calendar years as the Executive Board may determine. The "budget period" corresponds to M
the fiscal year or years so determined by the Board.
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b. Budget Approval. The Manager shall develop the proposed operating budget in
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consultation with the Operations Committee. The Manager and Executive Board shall use their to
best efforts to meet the budget schedule set forth below, but failure to meet a specified budget J
deadline shall not constitute a breach of this Agreement.
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i. The Manager shall present a proposed budget to the Executive Board by
no later than May 1 prior to the commencement of the budget period, r
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together with the Operation Committee's recommendations with respect to
the proposed budget.
ii. By no later than June 15, the Executive Board shall (1) review and revise
the draft budget as it deems appropriate; (2) approve the draft budget
(including proposed charges to Participating Cities and any user fees to
v. 11.4.13 19
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8.H.a
Taxpayers and Licensees)by Supermajority Vote; and(3) forward same to
Principals. The approved draft budget, and all proposed fees and charges
shall be forwarded to Subscribers no later than July 1.
iii. The final budget shall be adopted by vote of the Executive Board effective
no later than December 31 prior to commencement of the budget period,
after receiving information as to:
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1. which Subscribers will be continuing to contract with the
PORTAL AGENCY; and w
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2. which Principals have or will approve their shares of the PORTAL 3
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AGENCY budget, based on action or information from such c
Principals received by the PORTAL AGENCY no later than Y
December 1. 0
iv. Vote Required to Approve Budget. Per Section 7.k.i, a Supermajority o
Vote of the Executive Board is required to approve the draft and final M
budget,provided that unanimous approval of the Executive Board
Members representing all Original Principals shall also be required to U.
approve any budget or budget amendment that includes:
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1. An increase in Capped Costs greater than the maximum amount
allowed per calculation of the New Participant Capped Cost i
Increment, as further described in Exhibit D. Q
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2. An increase in Labor Costs to increase the number of full or partial
staff positions greater than the maximum amount allowed per
calculation of the New Participant Labor Cost Increment, as further
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described in Exhibit D. to
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V. 2014 Budget. Notwithstanding the foregoing, the PORTAL AGENCY
budget for the year 2014 will be formally adopted by action of the
Executive Board promptly following incorporation of the PORTAL
AGENCY and need not be submitted for approval by the Original a
Principals. The proposed 2014 budget is set forth at Exhibit A. By
approving this Agreement each Original Principal also approves their
contribution to the 2014 budget in an amount not to exceed that shown in
Exhibit A,promptly following the date the PORTAL AGENCY is
incorporated.
v. 11.4.13 20
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8.H.a
C. Payment of Charges. The Board shall determine the timing of payments by
Participating Cities, which shall be set forth in the Portal Operations Policy.
d. Failure of a Principal to Approve Budget Share. Failure of a Principal to approve
its share of the budget before the commencement of the budget period shall result in the Principal
being converted to Subscriber status effective as of the first day of the budget period for which
the budget was not approved.
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e. Notification of Final Adopted Budget. Promptly following final adoption of the w
budget by the Executive Board, the Manager shall provide notice to all Principals and
Subscribers as to the terms of the final adopted budget, including their share of PORTAL m
AGENCY costs, charges and fees, and the payment schedule. c
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£ Budget Modifications. Modifications to the budget shall be approved by a o
Supermajority Vote of the Executive Board(and also unanimous consent of the Original
Principals if required by Section 13.b.iv above) as necessary from time to time to account for `o
changes in expenditures and revenues.
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g. Cost Allocation and Cost Recovery Principles. The PORTAL AGENCY budget 2
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shall be generally allocated between all Participating Cities based on the number of Transactions
processed for each City on the Portal. In years 2014 through 2018, the number of Transactions 3
for the Original Principals shall be based on 2012 historical actual pre-Portal use Transaction
Counts (set forth in Exhibit A) and the City Transaction Count for any other Participating City
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shall be based on the most recent historical data for that City prior to it joining the Portal. From
and after 2019, the number of Transactions allocated to Original Principals shall be based on the ro
most recent actual annual number of Transactions processed on the Portal for each such City °
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(thus for 2019, the 2017 actual Transaction count will be used); for other Participating Cities, the
allocation will be determined considering the actual number of Transactions (if the City had
joined before 2019), historical tax and license information, and the experience of Original N
Principals as to how quickly businesses have adopted use of the Portal since its launch. The a
details of the cost allocation calculation shall be set forth in the Portal Operations Policy. J
Nothing in this Agreement shall be construed to prohibit the Executive Board from including
factors in addition to the number of City Transactions in the cost allocation formulas as between z
Participating Cities, so long as the primary basis for allocation remains the City Transaction r
count. a
h. User Fees. The PORTAL AGENCY shall impose such reasonable user fees as
the Executive Board may determine on Taxpayers and Licensees utilizing the Portal to file tax
returns or file business license applications in order to recoup costs of PORTAL AGENCY
v. 11.4.13 21
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8.H.a
operations, the Portal operation and maintenance, reserves and any other PORTAL AGENCY
costs.
i. Estimated Six Year Operating Costs. Exhibit B sets forth a general estimate of
the annual costs to establish and operate the PORTAL AGENCY between 2014 and 2020,
assuming the Original Principals are the only Participating Cities, and includes estimated
payment of Vendor's charges pursuant to the Portal Services Contract and other estimated
operating costs. This Exhibit is an estimate and is not binding on any of the parties to this
Agreement, nor is it binding on the PORTAL AGENCY.
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j. Capital Cost Recovery Charge. In order to reimburse the City of Seattle for
approximately one third of the costs Seattle paid to fund start-up of the Portal Agency, each
Participating City other than the City of Seattle will be charged an annual Capital Cost Recovery m
Charge, in an amount described in Exhibit C. Such Charges shall be imposed each year from Y
and after 2015 until such time as the total Capital Cost Recovery Charges paid reaches o
$1,400,000. The Capital Cost Recovery Charges will be paid by Participating Cities to the Portal
Agency and the Portal Agency shall thereafter remit the total annual amount to Seattle. The `o
Capital Cost Recovery Charge is not considered part of the Portal Agency budget for purposes of M
calculating Capped Costs or CPI-U limitations on the growth of such costs. 0
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k. Payment and Delinquencies. Principals shall promptly pay fees and charges
allocable to them. Interest on fees and charges allocable to any Principal not paid when due shall 3
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begin accruing interest immediately at the Federal Reserve Prime Rate as of the date the payment
was originally due,plus 3%per year. The PORTAL AGENCY shall, within seven(7) days of i
the due date, send notice to any delinquent Principal and provide a 60-day cure period from the Q
original due date of the payment. If such fees and interest penalties are not paid in full within 60 M
days of the original due date, then the Principal delinquent in payment of fees shall upon such °
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60th day be deemed immediately converted to the status of a Subscriber and subject to penalty as c
described in Section 8. In the event a Principal converted to Subscriber status by non-payment
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of fees shall not have paid in full all fees and interest owing by six (6) months after the original to
due date, then the Executive Board may terminate provision of the PORTAL AGENCY'S a
services to that former Principal. After one (1) year, the nonpaying former Principal shall be J
deemed to have withdrawn from this Agreement,but the termination of services shall not
absolve the former Principal of its obligation to pay all fees and charges past due, together with
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interest. r
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1. Terms of Subscriber Contracts. Subscriber contracts shall include terms
consistent with these delinquency provisions, that is, interest shall accrue on delinquent
payments at the same rate as provided herein, and service may be terminated if fees and interest
are not paid in full within six months.
v. 11.4.13 22
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8.H.a
in. Reserve Funds. The Executive Board may establish and fund reserve funds to
support operations or capital investments for the PORTAL AGENCY, at levels the Executive
Board determines to be appropriate;provided that general reserve funds may only be used to
support general PORTAL AGENCY operations, maintenance and capital costs and may not be
used in support of developing projects or services that will not be utilized by all Principals; and
provided further, that no Principal shall be required to contribute to special reserves established
exclusively in support of projects or services that the Principal has certified it does not intend to
utilize or make available to its Taxpayers and Licensees.
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n. Use of Funds. Consistent with any use imposed on particular funds by statute, w
ordinance, contract, this Interlocal Agreement or any bylaws adopted by PORTAL AGENCY,
the PORTAL AGENCY may use any available funds for any purpose authorized by this
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Agreement in connection with an authorized project.
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SECTION 14. RETAINED AUTHORITY AND RESPONSIBILITY OF
PARTICIPATING AGENCIES. `o
Each Participating City shall retain the responsibility and authority for its operational J
departments and for such equipment and services as are required at its place of operation to
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connect to PORTAL AGENCY operations, including but not limited to each Participating City's
computer and data systems managing processes that provide services the Portal delivers (the 3
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City's system of record). Each Participating City shall also retain the responsibility and
authority for managing and maintaining the security and privacy of all data that the Participating
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City links to the Portal. Inter-connecting equipment and services will not be included in
PORTAL AGENCY'S budget and operational program, except as the Executive Board may
determine. °
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SECTION 15. OWNERSHIP OF PROPERTY. LO
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a. Ownership of Property. Excepting the Portal which is owned by the Vendor, all
property both real and personal, as well as intellectual property rights or licenses purchased or
otherwise acquired pursuant to or in connection with this Agreement shall be owned or held in
the name of the PORTAL AGENCY; provided, however, that the Executive Board may convey
ownership of specific property, property or use rights. a
b. Loaned Property. If any Participating City provides equipment or furnishings for
PORTAL AGENCY'S use, title to the same shall rest with the respective local entity unless that
equipment or furnishing is acquired by the PORTAL AGENCY.
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8.H.a
C. Data. Each Participating City shall retain ownership of its own data and property
that may be used in connection with Portal or PORTAL AGENCY operations_
SECTION 16. MERGER OR CONSOLIDATION, OR SALE OF ALL OR
SUBSTANTIALLY ALL ASSETS.
Approval of the merger or consolidation of PORTAL AGENCY with another entity, or the sale N
of all or substantially all assets of PORTAL AGENCY, shall require a Supermajority Vote.
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SECTION 17. WITHDRAWAL BY, OR TERMINATION OF,A PRINCIPAL.
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a. Notice and Timing. Any Principal may withdraw its membership and terminate m
its participation in this Agreement by providing written notice to the Executive Board on or Y
before December 31 in any year, and the Executive Board shall promptly inform all other 0
Principals of such notice. That withdrawal shall become effective on the last day of the next v
calendar year. Notwithstanding the foregoing, no Principal may terminate its participation in this o
Agreement effective prior to the end of the Initial Term.
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b. Obligations of departingPrincipal.rincipal. A Principal who withdraws, is terminated, ;2
changes or is changed to Subscriber status ("departing Principal") shall hold the remaining
Principals and Subscribers harmless against any resultant increased capital and/or operating costs
allocated to them for the following two (2)budget years (plus the remainder of the current
budget year, if applicable), with respect to any Executive Board approved project(excluding the i
initial launch of the Portal) in which the departing Principal is participating or has agreed to Q
participate prior to notice of withdrawal or notice of change to Subscriber status,but such
obligation shall exclude the cost of any Capital Cost Recovery Charges. Such obligation shall be
reduced to the extent new Principals or Subscribers are allocated these costs that would
otherwise have been chargeable to the departing Principal. After recouping such costs, the
LO
Executive Board may authorize reimbursement to the remaining Principals and Subscribers to
based on a depreciated value of the withdrawing or converting Principal's contribution. J
C. Rights of departing Principal. Departing Principals shall have rights to copies of
all data held by the PORTAL AGENCY relating to that Principal's Taxpayers and Licensee and
other data relating specifically to the Principal. r
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d. The termination and/or withdrawal of a Principal shall not discharge or relieve
any Principal of its obligations to the PORTAL AGENCY or other Participating Cities.
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SECTION 18. AMENDMENT OF AGREEMENT.
This Agreement may be amended upon approval of a Supermajority Vote of the Executive Board
except that any amendment affecting the following shall require consent of the legislative
authorities of all Principals:
a. Expansion of the scope of services provided by the PORTAL AGENCY beyond
the scope of expansion authorized in Section 5.c.
b. The terms and conditions of membership on the Executive Board. N
C. Voting rights of Executive Board Members.
d. Powers of the Executive Board. J
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e. Principal contribution responsibilities.
f. Hold harmless and indemnification requirements.
g. Provisions regarding duration, termination or withdrawal.
h. The conditions of this Section. Y
This section shall not be construed to require legislative authority consent for the addition of a 0
new Principal or agreement to serve an additional Subscriber, or to expand or contract the
services purchased by any Principal or Subscriber or offered by the PORTAL AGENCY. `o
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SECTION 19. TERMINATION OF AGREEMENT; DISSOLUTION OF AGENCY. 2
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a. Generally. This Agreement may be terminated upon the approval of a 3
Supermajority Vote of the Executive Board. The termination shall be by direction of the
Executive Board to wind up business by a date specified by the Executive Board, which date
shall be at least one (1) year following the date of the vote to terminate. Upon the final
termination date, this Agreement shall be fully terminated. Q
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b. Distribution of Property on Termination of Agreement. Upon termination of this
Agreement, all property acquired during the life of the Agreement remaining in ownership of
PORTAL AGENCY shall be disposed of in the following manner: LO
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i. Real or Personal Property. All real or personal property purchased pursuant
to this Agreement and all unexpended funds or reserve funds, net of all
outstanding PORTAL AGENCY liabilities, shall be distributed to those
Principals still participating in the PORTAL AGENCY on the day prior to
the termination date and shall be apportioned between Principals based on a
the ratio that the average of each Principals' contributions to the operating
budget over the preceding five (5) years bears to the total of all then
remaining Principals' user fees paid during such five-year period. The
Executive Board shall have the discretion to allocate the real or personal
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8.H.a
property and funds as it deems appropriate, and the apportionment,
determined consistent with the preceding sentence, need not be exact.
ii. Intellectual Property Rights. The Vendor will own, or have rights to, all its
intellectual property per the terms of the Portal Services Contract, including
the right to license the Portal operating system exclusively to the PORTAL
AGENCY, its Principals and Subscribers. The Portal license rights, and all
rights granted relating thereto, terminate with the termination of the Portal
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Services Contract. Notwithstanding this termination, the Principals and
Subscribers shall retain the right after termination of the Portal license rights Jv,
to acquire any and all information and data, including but not limited to
Taxpayer, Licensee and their respective City data, then currently held by the 3
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Vendor or the PORTAL AGENCY. Upon termination of the Portal c
Development and Services Contract or the dissolution of the PORTAL Y
AGENCY, any and all intellectual property owned by the PORTAL 0
AGENCY(which excludes the Portal and any other intellectual property v
owned by the Vendor) will be transferred in its entirety to Principal with the o
largest Population. If said Principal does not agree to accept the intellectual
property owned by the PORTAL AGENCY, it shall then be transferred in its
as
entirety to the Principal with the next largest population, and so on should U.
that Principal not agree to accept the intellectual property. If no Principal
agrees to accept the intellectual property, then the Executive Board will 3
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attempt to sell the intellectual property at fair market value and distribute the
proceeds in proper proportion to the current Principals in accordance with i
Subsection 19.b.i. Q
iii. Loaned Property. In the event of dissolution or termination of the PORTAL
0
AGENCY, assigned or loaned assets shall be returned to the lending entity.
iv. Allocation of Liabilities. In the event outstanding liabilities of the PORTAL E
AGENCY exceed the value of personal and real property and funds on hand,
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all Principals shall contribute to retirement of those liabilities in the same to
manner as which they would share in the distribution of properties and J
funds.
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c. Notwithstanding the foregoing, the Agreement may not be terminated if to do so
would abrogate or otherwise impair any outstanding obligations of the PORTAL AGENCY, a
unless provision is made for those obligations.
SECTION 20. DISPUTE RESOLUTION.
a. Whenever any dispute arises between a Principal or the Principals or between the
Principals and the PORTAL AGENCY(referred to collectively in this section as the"parties")
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under this Agreement which is not resolved by routine meetings or communications, the parties
agree to seek resolution of such dispute by the process described in this section, which shall also
be binding on Subscribers.
b. The parties shall seek in good faith to resolve any such dispute or concern by
meeting, as soon as feasible. The meeting shall include the Chair of the Executive Board, the
Manager, and a representative(s) of the Principal(s), if a Principal(s) is involved in the dispute,
and/or a person designated by the Subscriber(s), if a Subscriber(s) is involved in the dispute.
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C. If the parties do not come to an agreement on the dispute or concern, any party Jv,
may request mediation through a process to be mutually agreed to in good faith between the
parties within 30 days, which may include binding or nonbinding decisions or recommendations 3
(whichever is mutually agreed to). The mediator(s) shall be mutually agreed upon and shall be m
skilled in the legal and business aspects of the subject matter of this Agreement. The parties Y
shall share equally the costs of mediation and assume their own costs. c
SECTION 21. INSURANCE. `o
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The Executive Board, Manager, and Operations Board shall take such steps as are reasonably
as
practicable to minimize the liability of the Participating Cities, including but not limited to the LL
utilization of sound business practice. The Executive Board shall determine which, if any,
insurance policies may be reasonably practicably acquired to cover the operations of the Portal 3
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Agency and the activities of the Parties pursuant to this Agreement(which may include Directors
and Officers, Commercial General Liability, Auto, Workers' Compensation, Stop i
Gap/Employer's Liability, errors and omissions, crime/fidelity insurance, CyberRisk), and shall Q
direct the acquisition of same. [
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SECTION 22. INDEMNIFICATION AND HOLD HARMLESS.
Each Principal shall indemnify and hold other Principals, their officers, officials, employees, N
agents and volunteers harmless from any and all claims, injuries, damages, losses or suits a
including attorney fees, arising out of that Principal's negligent acts or omissions in connection J
with the performance of its obligations under this Agreement, except to the extent the injuries or
damages are caused by another Principal. z
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a. Each Principal shall indemnify and hold the PORTAL AGENCY and its officers, a
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of that Principal's negligent acts or omissions in
connection with the performance of its obligations under this Agreement, except to the extent the
injuries and damages are caused by the PORTAL AGENCY.
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8.H.a
b. As provided in its Articles of Incorporation, the PORTAL AGENCY shall
indemnify and hold each Principal its officers, officials, employees and volunteers harmless from
any and all claims, injuries, damages, losses or suits including attorney fees, arising out of the
PORTAL AGENCY'S acts or omissions in connection with the performance of its obligations
under this Agreement, except to the extent the injuries and damages are caused by any Principal.
C. Subscribers shall be required to agree to indemnify and hold harmless each
Principal and the Portal Agency, their officers, officials, employees and volunteers from any and
all claims, injuries, damages, losses or suits including attorney fees, arising out of Subscribers
negligent acts or omissions in connection with its use of the Portal. To such degree as the Jv,
Executive Board determines to be reasonable, appropriate, and consistent with applicable law
and to be in the best interests of the Portal Agency, the Portal Agency may also indemnify and 3
hold harmless Subscribers. m
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d. Should a court of competent jurisdiction determine that this Agreement is subject c
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to v
persons or damages to property caused by or resulting from the concurrent negligence of a party o
hereto and the PORTAL AGENCY, its officers, officials, employees, and volunteers, the party's M
liability hereunder shall be only to the extent of the party's negligence. It is further specifically
as
and expressly understood that the indemnification provided in this Section constitutes the party's U.
waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purpose of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
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e. Each party shall give the other parties proper notice as provided in Section 24, of Q
any claim or suit coming within the purview of these indemnities. Termination of this 0
Agreement, a Principal's withdrawal from the PORTAL AGENCY, or a Principal's conversion
to Subscriber status (collectively for purposes of this subparagraph "Termination"), shall not
affect the continuing obligations of each of the parties as indemnitors hereunder with respect to
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those indemnities and which shall have occurred prior to such Termination. to
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SECTION 23. INTERGOVERNMENTAL COOPERATION.
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The PORTAL AGENCY shall cooperate with local, state and federal governmental agencies in r
order to maximize the utilization of any grant funds for equipment and operations and to enhance a
the effectiveness of the PORTAL AGENCY's operations and minimize costs of service delivery.
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8.H.a
SECTION 24. NOTICE.
Notices required to be given to the PORTAL AGENCY under the terms of this Agreement shall
be directed to the following unless all Principals are otherwise notified in writing:
Chair, PORTAL AGENCY Executive Board
c/o his/her Principal agency's address
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Notices to Principals or Subscribers, Board Members or Representatives required hereunder may
be given by mail, overnight delivery, facsimile or email (with confirmation of transmission), w
telegram, or personal delivery. Each Principal shall provide the Chair of the PORTAL
AGENCY Executive Board written notice of the address for providing notice to said Principal. 3
Any Principal wishing to change its mail or email address shall promptly notify the Chair of the m
Executive Board. Notice or other written communication shall be deemed to be delivered at the Y
time when the same is postmarked in the mail or overnight delivery services, sent by facsimile or 0
email (with confirmation of transmission), sent by telegram, or received by personal delivery. v
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SECTION 25. VENUE. M
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The venue for any action related to this Agreement shall be in the Superior Court in and for King U.
County, Washington at Seattle, or if applicable, in Federal District Court, Western District of
Washington.
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SECTION 26. FILING. i
As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the 0
King County Department of Executive Services Division of Records and Licensing Services, or
its successor, Records and Elections, or, alternatively, listed by subject on a Principal's web site
or other electronically retrievable public source.
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SECTION 27. NO THIRD PARTY BENEFICIARIES. J
There are no third-party beneficiaries to this Agreement. No person or entity other than a party
to this Agreement shall have any rights hereunder or any authority to enforce its provisions, and
any such rights or enforcement must be consistent with and subject to the terms of this a
Agreement.
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8.H.a
SECTION 28. SEVERABILITY.
The invalidity or any clause, sentence,paragraph, subdivision, section or portion of this
agreement shall not affect the validity of the remainder of the Agreement.
SECTION 29. RATIFICATION.
All prior acts taken by the Principals and the PORTAL AGENCY consistent with this
Agreement are hereby ratified and confirmed.
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SECTION 30. EXECUTION, COUNTERPARTS AND EFFECTIVE DATE. w
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This Agreement and any amendments thereto, shall be executed on behalf of each Principal by
its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance. m
This Agreement may be executed in any number of counterparts, each of which shall be an Y
original, but those counterparts will constitute one and the same instrument. This Agreement 0
shall be deemed adopted and effective as of March 1, 2014, subject to prior approval by the v
legislative bodies of all four Original Principals, execution by each Original Principal, and prior o
filing of same as required by Section 26. M
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8.H.a
IN WITNESS WHEREOF, this Agreement has been executed by each party on the dates
set forth below.
City of Bellevue City of Everett
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City Manager Mayor
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Date Date 00
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Approved as to Form: Approved as to Form: Y
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City Attorney City Attorney ,o
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Date Date 0
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The City of Seattle City of Tacoma
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Mayor City Manager Q
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Date Date 0
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Approved as to Form: Approved as to Form:
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City Attorney City Attorney J
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8.H.a
List of Exhibits
A. Proposed 2014 PORTAL AGENCY BUDGET SUMMARY (including number of
Transactions used for cost allocation as between Original Principals)
B. 2015-2020 Estimated PORTAL AGENCY Operating Budget Summary
C. Capital Cost Recovery Charges
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D. Calculation of New Participant Capped Cost Increment and New Participant Labor Cost
Increment J
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8.H.a
Exhibit A
Proposed 2014 PORTAL AGENCY OPERATING BUDGET SUMMARY
(including number of Transactions used for cost allocation as between Original Principals)
(June to December 2014)
Labor Total' 152,649
Contracts TotalZ 27,000 N
Overhead Total3 12,500
Vendor Costs4 180,208
Operating Reserves 55,854 n
Total Budgeted Costs 428,210 N
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Total Budgeted Revenues 428,210
Estimated User fee Revenues5 72,566
Estimated Revenue from City Cost Allocations6 355,644 0,
City of Seattle Cost Allocation' 245,394 c�
City of Bellevue Cost Allocation 35,654 ,o
City of Tacoma Cost Allocation 56,903 M
City of Everett Cost Allocation 17,782
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This budget estimates a six month budget beginning after the Multi-City Business License and
Tax Portal is up and running in mid-2014, the first six months are covered by the Portal 3
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1 This budget includes 2.5 FTE: the Portal Manager,a half-time administrative assistant and a full-time IT Project i
Manager/Business Analyst. The personnel for these positions will be provided by the City of Seattle and the costs in a'
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this budget include the fully-funded(salary,benefits,etc.)labor costs for all 2.5 positions. A separate loaned
staffing agreement will be entered into between the Portal Agency and the City of Seattle in 2014 for these staff. 0
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z Includes contracts for outside services such as Accounting,Insurance,Bank and the State Auditor.
s Funding for miscellaneous overhead items such as legal fees,office and operating supplies,printing and LO
licenses/memberships. N
a Includes costs estimated payable to-Gov Systems under the Portal Services Contract in 2014,from and after the
Portal goes"live." For the first five years of Portal operation,.e-Gov Systems will charge the Portal Agency$1.25
every time a business or taxpayer makes an online Portal filing,whether or not tax is owing.
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s Assumes the Executive Board approves a proposed user fee of$4 per online session per City(the proposed fee
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would be payable only when tax is owed;multiple tax and/or license filings on the same session would incur only Q
one fee). This user fee is based on an estimated Portal use adoption rate by business and taxpayers of 15%. This
adoption rate is expected to grow considerably each year.
6 Cost Allocations are based on the 2012 Transaction count for each Original Principal,shown in the table at the End
of this Exhibit A.
7 Excludes Seattle's contributions to start-up costs in 2014. Also excludes labor and operating costs for which
Seattle will be reimbursed from the Total Budget shown above,per the loaned staffing agreement.
v. 11.4.13 33
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8.H.a
Implementation Project costs funded by Seattle. This budget estimates also assumes only four
cities participate in 2014.
Transaction Counts Calculations used for Cost Allocation as between Original Principals
Transaction Based on 2012 actual business license filings, business and occupations y
Counts and gross receipts tax filings for each Original Principal
Everet J
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Seattle Bellevue Tacoma t Total
Transactions 212,457 30,927 50,000 14,392 307,776
%Allocation 69% 10% 16% 5% 100% m
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8.H.a
Exhibit B:
Multi-City Business License and Tax Portal Agency
2015-2020 Estimated Operating Budget Summary
J
This budget is an estimated six year budget and assumes only four cities participating.
2015 2016 2017 2018 2019 2020 N
Labor Tota18 314,740 324,182 333,908 343,925 354,243 364,870 m
Contracts Total9 55,188 56,402 57,643 58,911 60,207 61,532
Overhead Total10 15,330 15,667 16,012 16,364 16,724 17,092 Y
4-
Vendor Total" 344,888 383,360 421,832 460,304 479,540 498,776 0,
Operating Reserve- 15% 53,668 7,420 7,467 7,516 4,681 4,733
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Total Estimated Budget 783,814 787,031 836,862 887,021 915,396 947,003 ,o
Estimated User Fee Revenue" 193,510 241,888 290,266 338,643 362,832 387,021 i
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Estimated City Cost Allocation 602,057 555,622 557,306 559,322 563,749 571,414 �
Revenues13 T
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City of Seattle14 415,419 383,379 384,541 385,932 388,987 394,276
City of Bellevue 60,206 55,562 55,731 55,932 56,375 57,141 3
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L City of Tacoma 96,329 88,900 89,169 89,492 90,200 91,426 m
City of Everett 30,103 27,781 27,865 27,966 28,187 28,571 0)
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8 This budget includes 2.5 FTE: the Portal Manager,a half-time administrative assistant and a full-time IT Project Manager/Business Analyst. The personnel for
these positions will be provided by the City of Seattle and the costs in this budget include the fully-funded(salary,benefits,etc.)labor costs for all 2.5 positions. C
A separate loaned staffing agreement will be entered into between the Portal Agency and the City of Seattle in 2014 for these staff.
9 Includes contracts for outside services such as Accounting,Insurance,Bank and the State Auditor. E
10 Funding for miscellaneous overhead items such as legal fees,office and operating supplies,printing and licenses/memberships.
" Includes costs estimated payable to-Gov Systems under the Portal Services Contract in 2014,from and after the Portal goes"live." a-Gov Systems will charge W
the Portal Agency$1.25 every time a business or taxpayer makes an online Portal filing,whether or not tax is owing. This per-filing cost is fixed for the first five
years of Portal operation. Q
12 Assumes the Executive Board approves a proposed user fee of$4 per online session per City(the proposed fee would be payable only when tax is owed; J
multiple tax and/or license filings on the same session would incur only one fee). This user fee is based on an estimated Portal use adoption rate by business and
taxpayers of 15%.This adoption rate is expected to grow considerably each year. °'
13 Cost Allocations are based on the 2012 Transaction count for each Original Principal,shown in Table 2.
14 Excludes Seattle's contributions to start-up costs in 2014. Also excludes labor and operating costs for which Seattle will be reimbursed from the Total Budget r
shown above,per the loaned staffing agreement. Q
v. 11.4.13 35
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8.H.a
Transaction Counts Calculations used for Cost Allocation as between Original Principals y
Transaction Based on 2012 actual business license filings, business and occupations
Counts and gross receipts tax filings for each Original Principal i
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Everet w
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Seattle Bellevue Tacoma t Total N
Transactions 212,457 30,927 50,000 14,392 307,776 m
%Allocation 69% 10% 16% 5% 100%
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Estimated Adoption Rates U
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e-Gov Systems ,0
Recommended Adoption This is the recommended rate of adoption from e-Gov systems based on previous implementations. U
Rate
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2015 2016 2017 2018 2019 2020 iz
Adoption Rate 40% 50% 60% 70% 75% 80%
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CPI-U Rates Forecast E
2014 2015 2016 2017 2018 2019 2020 ;v
CPI-U Forecast Q
(Bellevue) 2.20% 2.20% 2.20% 2.30% 2.30% 2.30% 2.30% �
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8.H.a
Exhibit C
Capital Cost Recovery Charges
Beginning in 2015, every Participating City other than the City of Seattle will pay a yearly
Capital Cost Recovery Charge to the Portal Agency which in turn will remit the annual total of
such Charges paid to the City of Seattle. The Charges will remain in place until the total amount
of$1,400,000 has been remitted to Seattle. J
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The Executive Board shall determine the timing for payment of the Capital Cost Recovery
Charges. m'
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Each Participating City's Capital Cost Recovery Charge will be determined based on the number �e
of Transactions allocated to such City in the budget year in which the Charge will be collected, c
and in accordance with the following table:
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Category: Smallest Smaller Small City Medium City Large City c
city City
Transaction Count < 1000 1001 - 4000 4,001 to 14,401 to >31,001 U.
allocated to the 14,400 31,000
City in the budget 3
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year
Capital Cost $500 $1000 $2000 $4000 $6000
Recovery Charge Q
payable annually
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8.H.a
Exhibit D
Calculation of New Participant Capped Cost Increment and
New Participant Labor Cost Increment
New Participant Capped Cost Increment.
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The New Participant Capped Cost Increment is an amount calculated in the development of each
budget(or budget amendment)to identify the maximum amount by which Capped Costs may
increase in the budget period without requiring unanimous consent of the Executive Board J
Members representing all four Original Principals. The Increment is determined by identifying
the"CPI-U Limit for Capped Costs per Transaction" for the applicable budget period, assuming N
the Portal Agency has the same number of Participating Cities as the prior budget period and the m'
Capped Costs from the previous period are inflated by the CPI-U Limit. The Capped Cost per
Transaction is then multiplied by the number of Transactions attributable to new Participating
Cities joining the Portal Agency in the budget period, and the resulting total is the maximum o
amount by which the Capped Costs in the new budget period may be increased over and above
the Status Quo Capped Cost without requiring unanimous consent. v
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Illustration: o
Calculation of New Member Capped Cost Increment for Year X
Assuming: I year budget period; addition of 2 member cities proposed in Year X U.
Part 1: Calculating CPI-U Limit for Capped Costs Per Transaction
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CPI-U Limit for Capped Cost for Year X, $16,000
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• Inflate Capped Costs for the previous year by the CPI-U Limit.
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Estimated Transaction Count for Year X from currently 125,000 Q
Participating Cities
• Includes all Cities participating as Principals or Subscribers in the o
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previous year. ;
• Transaction count is that used for purposes of estimating the cost
allocations of these Participating Cities in Year X. LO
Capped Cost Per Transaction ($16,000- 125,000) $0.128 to
Part 2: Calculating New Member Capped Cost Increment
New Member Transaction Count 10,000
• Total Transactions assigned to the 2 new Participating Cities for
purposes of budget allocation in Year X 2
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New Member Capped Cost Increment for Year X ($0.13 x 10,000) $1,280 a
Capped Costs in Year X may be increased by Supermajority Vote to a level of$17,280.
Capped Costs in excess of that amount would require Supermajority Vote and unanimous
approval by Board Members representing the Original Principals.
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8.H.a
New Member Participant Labor Cost Increment.
The New Participant Labor Cost Increment is an amount calculated in the development of each
budget(or budget amendment)to identify the maximum amount by which Labor Costs may
increase in the budget period without requiring unanimous consent of the Executive Board
Members representing all four Original Principals. The Increment is determined by identifying
the"Status Quo Labor Cost per Transaction" for the applicable budget period, assuming the
Portal Agency has the same number of Participating Cities and staff as the prior budget period.
The Labor Cost per Transaction is then multiplied by the number of Transactions attributable to
new Participating Cities joining the Portal Agency in the budget period, and the resulting total is
the maximum amount by which the Labor Costs in the new budget period may be increased over J
and above the Status Quo Labor Cost without requiring unanimous consent.
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Calculation of New Participant Labor Cost Increment for Year X
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Labor Costs in Year X may be increased by Supermajority Vote to a level of$378,000. Labor r
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Board Members representing the Original Principals.
v. 11.4.13 39
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IN W ITN ESS WH EREOF, this Agreement has been executed by each party on the dates
set forth below.
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IN WITNESS WHEREOF, this Agreement has been executed by each party on the dates
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IN WITLESS WHEREOF, this Agreement has been executed by each party on the dates
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1 RESOLUTION NO. FL2021-02
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3 A Resolution of the Washington Multi-City
4 Business License and Tax Portal Agency
5 Executive Board Approving the Addition of the
6 City of Kent as a Principal City. N
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8 Whereas, the Washington Multi-City Business License and Tax Portal Agency ;
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9 ("Agency") was originally established under the Interlocal Agreement By and Between the
10 Cities of Bellevue, Everett, Seattle, and Tacoma, dated March 1, 2014 ("Interlocal w
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13 Whereas, Section 8.c. and 8.d. of the Interlocal Agreement authorize the 0
14 Executive Board of the Agency to approve, by super-majority vote, the admission of new
15 cities as either Principals and Subscribers; and 3
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17 Whereas, the City of Kent has indicated its interest and desire to become a
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18 Principal of the Agency, and its willingness to execute the Interlocal Agreement, upon
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23 Now Therefore, BE IT RESOLVED by the Executive Board of the Washington
24 Multi-City Business License and Tax Portal Agency:
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26 SECTION 1. The Executive Board hereby approves admission of the City of Kent,
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27 Washington, as a Principal of the Agency, pursuant to Section 8 of the ILA.
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29 SECTION 2. The addition of the City of Kent as a Principal City is conditioned
30 upon the consent of the Kent City Council to the terms of the ILA. The Mayor of the City
Resolution No. FL2021-02
Page 1 of 2
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1 of Kent shall signify the City Council's consent and approval of the ILA by signing the form
2 attached hereto as Attachment A by no later than June 30, 2021.
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4 SECTION 3. The addition of the City of Kent as a Principal City is further
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5 conditioned upon its written consent to comply with the Agency's Portal Operations Policy.
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7 ADOPTED by super-marority vote, this 18th day of March, 2021. m
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9 ATTEST; Washington Multi-City Business Y
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11 Executive Board
12 Seattle, Washington o
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Page 2 of 2
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FOURTH ADDENDUM TO PAGE 31 OF THE WASHINGTON MULTI-CITY BUSINESS
LICENSE AND TAX PORTAL AGENCY INTERLOCAL AGREEMENT
DATED MARCH 1, 2014, TO ADD THE CITY OF KENT AS A PRINCIPAL
Pursuant to FileLocal Resolution FL2021-02 and Section 8 of the foregoing, this y
Agreement has been executed by the City of Kent to become a Principal City on the date set
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Bellevue $ 70,517 $ 69,763 $ 70,878 $ 68,725 $ 69,409 $ 70,651 $ 71,796 v
Bremerton $ 36,091 $ 35,787 $ 36,359 $ 35,255 $ 35,606 $ 36,243 $ 36,830 0
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Des Moines N/A $ 15,565 $ 15,813 $ 15,333 $ 15,486 $ 15,763 $ 16,018 ;
Everett $ 32,760 $ 32,464 $ 32,983 $ 31,982 $ 32,300 $ 32,878 $ 33,411
Kent $ 8,594 $ 16,666 $ 16,832 $ 17,133 $ 17,411
Lake Forest Park $ 7,932 $ 7,895 $ 8,021 $ 7,778 $ 7,855 $ 7,996 $ 8,125 LO
Renton $ 35,060 $ 34,761 $ 35,316 $ 34,244 $ 34,585 $ 35,203 $ 35,774
Seattle $ 483,703 $ 479,246 $ 486,905 $ 472,119 $ 476,817 $ 485,347 $ 493,211 N
Shoreline $ 13,326 $ 13,201 $ 13,411 $ 13,004 $ 13,134 $ 13,369 $ 13,585
Snoqualmie N/A $ 16,918 $ 17,188 $ 16,666 $ 16,832 $ 17,133 $ 17,411 a0
Tacoma $ 113,827 $ 112,787 $ 114,589 $ 111,109 $ 112,215 $ 114,222 $ 116,073 O
Total $ 793,216 $ 818,386 $ 848,653 $ 822,882 $ 831,070 $ 845,939 $ 859,645 O
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S n o q u a I m i e N/A $ 500 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000
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Total $ 12,000 $ 21,000 $ 16,000 $ 18,500 $ 19,000 $ 25,500 $ 25,500
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•
KENT
W A S M I N G T O N
DATE: April 6, 2021
TO: Kent City Council
SUBJECT: Resolution to Urge Passage of Comprehensive
Transportation Package in 2021 - Adopt
MOTION: Adopt Resolution No. 2023, urging the Washington State
Legislature to pass a comprehensive transportation package in 2021.
SUMMARY: Even before the COVID-19 pandemic, discussions were occurring in the
Washington State Legislature around a new transportation package. A
transportation revenue package is created to connect new revenues to state and
local transportation infrastructure needs. The discussions for a new package were
driven by a backlog of maintenance and preservation projects, a federal court
decision requiring the removal of fish-passage barriers by 2030, and the growing
demand for infrastructure to improve the movement of people and goods across the
state. The pandemic has further complicated the matter, as existing funding gaps
have been further exacerbated. The City has two legislative priorities in the 2021
Legislative Agenda that are tied to a new transportation package: 1) the completion
of the South 224th/228th Street Corridor and 2) intersection improvements to the
Interurban Trail (primarily safety related).
While both the House and Senate have released the broad framework for their
respective proposed transportation revenue packages, actual legislation has yet to
be introduced and the development of a package is increasingly intertwined with
carbon policy. As a further complication, unlike the positive revenue forecast for the
operating budget, state transportation revenues continue to be collected at a
historically low rate and are not expected to return to pre-pandemic levels until
2031. Major impacts to the transportation revenue forecast include decreased
revenue from toll collections, rental car tax, and rider fees. For 2020 collections,
these sources are all down between 16% and 17%, and account for approximately
$80 million of lost revenue for 2020. As a result, the desire to pass a
comprehensive transportation package during the 2021 legislative session has
increased.
The House Proposal
The House transportation revenue proposal is set to raise $26 billion over sixteen
years. This package does not include a proposed list of projects. Instead, projects
will be added in throughout the legislative process as legislators commit their
support to voting in favor of a transportation revenue package. Notably, it was
Packet Pg. 156
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announced that revenues would not be bonded, meaning this package can pass the
legislature by a simple majority vote.
The House proposal includes the following revenue sources:
• $.18 gas tax; $.10 increase in 2021 and $.08 increase in 2022. After 2022, the
gas tax will be indexed to inflation.
• Carbon Fee; $15/ton 2021-2023, $20/ton 2023-2025, $25/ton 2025-2027. Prior
to increasing the fee beyond $25/ton, a review process will be put in place.
• 1% Rental Car Sales Tax Increase.
• $.03 increase in diesel fuel tax, to be dedicated to freight specific projects.
• Various weight and user fee increases.
Key investments include:
• $6.7 billion for state and local projects (to be determined).
• $4.6 billion for Maintenance and Preservation.
• $3.5 billion for state and local culvert projects.
• $828 million for Transportation Improvement Board.
• $8 billion for carbon reduction initiatives, including grant programs to support
bike & pedestrian projects, transit, vanpools, complete streets and more.
The Senate Proposal
The Senate transportation revenue proposal aims to invest $18-19 billion over
sixteen years in state and local transportation systems. This proposal incorporates a
list of projects to fund and includes two options to generate transportation funding:
1) a carbon fee of $20 per metric ton, or 2) a cap and invest system which limits
greenhouse gas targets and utilizes resulting revenue for transportation purposes.
Both options also include the following revenue sources:
• $.06 gas tax increase
• An assessment on new construction
• A fee on for-hire vehicles (including Uber, Lyft, etc.)
• An automobile parts sales tax
• Rental car tax
• A sales and use tax on bicycles
• Several additional fee increases.
The proposal would generate $15 billion in new revenue which, once bonded, would
make $18-19 billion available for investments.
In addition to funding a lengthy list of projects, the proposal dedicates the following
amounts to specific local government programs:
• $100 million for the Transportation Improvement Board
• $50 million for the Freight Mobility Strategic Investment Board
• $3.5 billion in fish passage barrier removal (investments based on watershed
and include state and local culverts)
• $375 million directly distributed to cities and counties for local maintenance and
operation needs.
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• $165 million for grants for bicycle/pedestrian improvements
• $60 million for Safe Routes to Schools
• $90 million for Complete Streets (administered through the Transportation
Improvement Board)
In summary, over a period of sixteen years, the Senate proposal invests
approximately $18 billion and the House proposal raises approximately $26 billion.
The Senate proposal includes a 6-cent gas tax increase, while the House proposal
contains an 18-cent increase. Notably, both proposals also utilize carbon-related
revenues. The Senate proposal bonds revenue to fund projects, while the House
proposal uses a pay-as-you-go approach. This means that the House proposal can
be approved with a simple majority (Democrats can enact without support from
Republicans) while the Senate proposal requires a super majority (requires support
from both parties).
Next Steps
The Legislature will continue to contemplate a transportation revenue package. It is
likely that a portion of the $4.25 billion in federal funds allocated through the
American Rescue Plan can help backfill lost revenues. It is also possible that the
culverts ($3.5 billion) could be funded through the operating or capital budgets,
rather than the transportation budget. Transportation budget writers continue to
work to develop a transportation revenue package to meet a growing need for
funding maintenance and preservation as well as new projects.
For these reasons, the Association of Washington Cities (AWC) is supportive of a
transportation package and the City's lobbyist is also recommending adoption of the
proposed resolution urging the State Legislature to pass a comprehensive
transportation package this year.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Resolution to support passage of transportation package 2021 (PDF)
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RESOLUTION NO. 2023 0
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A RESOLUTION of the City Council of the
City of Kent, Washington, to urge the Washington o
State Legislature to work collaboratively to pass a o
comprehensive transportation funding package in
2021. 0
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RECITALS
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A. The City of Kent is the sixth largest city in Washington State N
with a population of nearly 115,000, covering a geographic area of 34 square Y
miles. As the fourth largest manufacturing and distribution center in the a
United States, the state has long valued the Kent Valley's industrial and
manufacturing industries as key to the success of the state's ports and 0
overall economy. Home to over 4,500 businesses and approximately 78,000
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jobs, Kent's $8 billion gross business income is the highest among its peer —
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cities in South King County.
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industrial and manufacturing industries, economy, and quality of life. °
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C. In addition, Kent is still feeling the impacts of COVID-19.
Unemployment remains high and the long-term economic impacts of the
pandemic remain uncertain.
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pandemic and these challenges have only been exacerbated in the last year,
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E. The state now projects a transportation budget shortfall of$758 =
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million for the next three years, and the state's transportation revenue
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streams, including gas tax, tolling, and fees for transit agencies and the ferry
system, have eroded due to the pandemic, but the needs of Washington
State families and our economy cannot wait.
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F. The state has a significant backlog of deferred maintenance
projects that threaten the reliability and safety of our transportation system.
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Washington State Department of Transportation (WSDOT) estimates that
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the cost to preserve the state transportation system in a state of good repair
is $8.1 billion over the next ten years. N
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G. Passage of a comprehensive statewide infrastructure package a
will support job creation and recovery; put people to work; move people and N
goods more efficiently; ensure mobility for our essential workers; enhance
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mobility and multi-modal options; and improve our state's economy and Q
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quality of life. )
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H. Every $1 spent in new construction generates $1.97 in
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those employed in construction; supports nearly 11 additional jobs across c
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the economy; and every $1 invested in public transportation generates
approximately $4 in economic returns.
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I. A delay in action by the Legislature will mean that projects will
be shelved, stifling the process begun through the 2015 Connecting U
Washington package and resulting in less economic activity, more job losses,
and a further deterioration of our transportation system. y
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I The Washington State Legislature should take action to
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stimulate equitable economic recovery, not cause further harm.
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K. Ensuring the continuity and completion of our multimodal
systems around the state is paramount for our essential workers, most
vulnerable populations, and the post-pandemic workforce. N
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L. State investments in transit, bike and pedestrian service,
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freight mobility, and capital needs will be necessary to facilitate a strong
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economic recovery by creating jobs and assisting workers to return to their
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work sites.
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M. The City has prioritized two critical transportation projects that
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benefit the Kent community, the region and the entire state. The first is to 0
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complete the South 224th/228th Street Corridor. The City has constructed a N
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series of projects over the last 15 years to create a cross valley corridor �.
through its manufacturing industrial center. This corridor improves access to a
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Kent's 40-million square feet industrial center that supports over 70,000 n
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family wage jobs. Once completed, it will connect I-5, the SR 509 Gateway c
Project, SR 181, SR 167, and SR 515 to provide a seamless corridor for
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freight and commuters between the Ports of Seattle and Tacoma and south M
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Support of Passage of
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Puget Sound communities. The remaining segment of the roadway, South
224th Street Corridor, is currently underfunded.
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N. The second is a multimodal project to make intersection
improvements, primarily safety-related, to the Interurban Trail. This regional U
trail bisects Kent's manufacturing center. The City heard a strong desire for a
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a bike and pedestrian commute route option in and out of the industrial N
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valley. The interurban trail has the potential to provide that commute option, a
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but six intersections are particularly unsafe to cross, making the trail not a
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preferred route. _
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O. For these reasons, the City urges the Legislature to work
together to pass a comprehensive transportation package.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, c
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WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
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RESOLUTION a
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SECTION 1. - Recitals Incorporated. The above Recitals are
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incorporated into this Resolution and constitute findings of the Kent City
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Council. r
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SECTION 2. - Support for Comprehensive Transportation Package. N
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The members of the City Council of Kent, Washington, to help spur economic
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activity and local job creation, urge the Washington State Legislature to pass a
a comprehensive transportation package in 2021. r
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SECTION 3. - Severability. If any one or more section, subsection, o
or sentence of this resolution is held to be unconstitutional or invalid, such
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Comprehensive Transportation a
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Packet Pg. 162
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decision shall not affect the validity of the remaining portion of this resolution
and the same shall remain in full force and effect.
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SECTION 4. - Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or a
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subsection numbering; or references to other local, state, or federal laws, N
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codes, rules, or regulations. a
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SECTION 5. - Effective Date. This resolution shall take effect and be =
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in force immediately upon its passage.
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April 6, 2021
DANA RALPH, MAYOR Date Approved r
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ATTEST:
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April 6, 2021
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted o
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APPROVED AS TO FORM: o
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ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY c
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Support of Passage of
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Comprehensive Transportation a
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Packet Pg. 163