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HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 04/20/2021^*4 KENT CITY COUNCIL AGENDA • Tuesday, April 20, 2021 KENT 7:00 PM wa 5H I NGTGN THIS IS A REMOTE MEETING Due to COVID-19 and Health Safety Requirements, and by Order of the Governor, this is a remote meeting. A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 977 8772 2060 Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Proclamation for Hopelink Day 2. Appointments to the Kent Bicycle Advisory Board 3. Appointment to the Human Services Commission B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF City Council Meeting City Council Regular Meeting April 20, 2021 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 CityClerkOKentWA.aov. 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 Mayor6DKentWA.aov and CityCouncilOKentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Apr 6, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Apr 6, 2021 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Apr 13, 2021 4:00 PM B. Payment of Bills - Authorize C. Accept the South 228th St. Union Pacific Grade Separation Ground Improvement and Embankments Project as Complete - Authorize D. Accept the Fuel Tank Replacement Project as Complete - Authorize E. Appointments to the Kent Bicycle Advisory Board - Confirm F. Appointment to Human Services Commission - Confirm G. Consultant Services Agreement with EMG Inc, dba MENG Analysis for Facilities Condition Assessment and Master Plan - Authorize H. Resolution Regarding Council Bylaws, Rules and Procedures Eliminating Committee of the Whole and Establishing Various Committees, and Establishing Rules for Remote Attendance - Adopt I. Subscription Agreement with SPIDR Tech - Authorize J. Ordinance Amending Title 6 of the Kent City Code Relating to Street Banner Provisions - Adopt Citv Council Meetinq Citv Council Regular Meetinq April 20, 2021 K. Vision/Mission/Goals/Values Update - Resolution - Adopt L. LTAC Grant to the City of Kent Economic and Community Development for Contract with JayRay for Tourism Promotion Campaign, Visit Kent - Authorize 9. OTHER BUSINESS 10. BIDS A. South 212th Street Preservation - 72nd Avenue South to 84th Avenue South (East Valley Highway) Bid - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE:A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. 4.A.1 PROCLAMATION WHEREAS, Hopelink began in Bothell, Washington, in April 1971, when a group of laid -off workers responded to a devastating economic downturn by banding together to help their neighbors find jobs; and WHEREAS, in October of 1971, the group received a grant, took on the name "Northshore Multi Service Center," moved to Woodinville, opened a food bank, and also began offering rides; and WHEREAS, by 1984, the organization had expanded to cover most of east King County - opening centers in Kirkland, Snoqualmie Valley, Bellevue, and Redmond to provide food and other emergency assistance - while also opening the first emergency shelter in north and east King County; and WHEREAS, in 1990, Hopelink became the first Medicaid Transportation Brokerage serving King County, and within three years had expanded to serve more than 25,000 people every year; and WHEREAS, the organization officially took on the name "Hopelink" in 2000; and WHEREAS, Hopelink's first transportation hub opened in Kent in 2010 and seven years later grew into a new and expanded facility in the same city; and WHEREAS, Hopelink currently serves 65,000 people every year, providing a network of services through nine programs that help families, children, seniors, and people with disabilities gain stability, and when possible, exit poverty - as well as directs transportation services in King and Snohomish Counties; and WHEREAS, Hopelink's vision of a community free of poverty includes a commitment to addressing systemic racism and the inequities and circumstances that drive poverty; and WHEREAS, for 50 years, Hopelink has served as not only a vital resource in our community but a beacon of hope for our neighbors who are experiencing poverty and homelessness. NOW, THEREFORE, we, the mayors of Bellevue, Bothell, Carnation, Duvall, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Mercer Island, North Bend, Redmond, Renton, Sammamish, Seattle, Shoreline, Skykomish, Snoqualmie, and Woodinville jointly proclaim April 21, 2021, as Hopelink Day and invite the community to celebrate the organization we are proud to call our own, as it continues its essential mission of helping people and changing lives for the better in our community. In witness whereof, I have hereunto set my hand this 20th day of April 2021. WID.&A MIN®R a 10 KENON W A S H I N O T O N Packet Pg. 4 5.B Administration • The City's American Rescue Plan Act (ARPA) Framework Committee met April 7 to start work on a recommendation to the City Council for a high-level framework to invest Kent's $28.41 million in federal recovery funds. The committee will meet again in a couple weeks when we will hopefully have more guidance from the U.S. Treasury; more information on other ARPA programs; a better sense of the state, county, and other cities' plans; and more information on Kent's lost revenue and unreimbursed Covid-19 expenditures. • The Council's retreat facilitator has interviewed Councilmembers individually and is working on a draft agenda for day two of the Council's 2021 retreat on May 7 at the Kent Senior Activity Center. • The Council is poised to update two of the City's strategic plan goals on April 23. The "inclusive community" and "sustainable services" goals will get new descriptive language. • Councilmember Marli Larimer, the CAO, and police chief continue to work toward selection of a vendor for the City's police data project. • Staff continue to work on an ordinance to strengthen City code provisions and bylaws that govern our boards/commissions. Communications • The Battle of the Badges event on April 7 between our KPD and Puget Sound Fire was a huge success. In two heats of 60 seconds each, KPD and PS Fire competitors gathered $1476.68 worth of groceries from Grocery Outlet to help stock the We Love Kent pantry. Grocery Outlet is donating the food that was gathered. The event went so well, that Grocery Outlet wants to do it again. We are looking forward to the rematch! • April 7 was a busy day! We also officially cut the ribbon at the 4th & Willis roundabout. Huge thanks to our legislators and everyone involved in this project for making it possible. This is just one of several projects that will continue improving safety and traffic flow while making our city look great! Race and Equity The employee Diversity Equity and Inclusion survey is underway. The last day to complete it will be on April 22 of this year. Employees will receive two reminders from Mclean & Company, one on April 15 and the last reminder on April 21. The survey only takes 5- 10 minutes to complete. Economic Development • Last week city staff and Sound Transit co - presented an update on the transit - oriented development project to occur on the Kent -Des Moines station surplus properties. The presentation, delivered to the Port's Airport Divisions Operations group, provided information on the public process, timelines for decisions, and site opportunities. • Economic development staff are making introductions between relevant University Page 1 of 9 Packet Pg. 5 5.B of Washington space education programs, local non -profits, and playing a facilitators role in discussing the opportunities North Naden holds for workforce development and STEM education. • Kent's economic development continues to be a sounding board and consultant to the Seattle Chamber and King County staff looking to rebuild the framework for regional business retention activities — including a retooling of the Associate Economic Development Organization for King County, which is the operative arm of the state's Department of Commerce in counties statewide. • Per its update to Council on April 6, economic development is following up its successful Port of Seattle Partnership application by contracting with relevant agencies on microenterprise supports. Long Range Planning • During the first week of April, a public review draft of the Kent Housing Options Plan (K-HOP) was published online, emailed to the K-HOP listserv, and circulated amongst community -based organizations and stakeholders. Staff will be incorporating early community feedback prior to the public hearing on May 10, 2021. • Dan Jones has accepted the Accountant position on the Accounting & Reporting Team. Dan started with the City of Kent in Accounts Payable a year ago before going to Customer Service last July - we look forward to welcoming him back to the 4th floor on April 16! Dan's experience with JDE transactions, ability to learn quickly and apply concepts and being a team player with a positive attitude is highly valued. These skills, along with his double major in Finance and Accounting, will lead to his success as he dives into the fast waters of year-end! • Customer Service will be holding interviews this week for the vacant Central Financial Analyst position. All • Charitable Contributions Committee raised over $3,000 through their annual plant sale fundraiser to benefit our local senior citizens Benefits • The Wellness Steps Challenge is off and lArunning" 4/13 - 5/25 • Our benefits broker, Alliant, has provided resources for employees to consider individual long-term care insurance through a concierge service; an informational webinar was open for employees on 4/15 Labor • AFSCME labor management meeting was held on 4/13 Recruit • Seven applications received for the rank of police sergeant • Working with Parks and Public Works to hire temporary/seasonal employees • Administrative assistant 2 interviews April 14 Lean/Government Performance • The A -Team will meet 4/28 • An update on performance measure information gathering will be provided to ELT on 4/29 Information Technology Projects • CUES - CCTV (Pipe Camera) GraniteNet upgrade - to upgrade and enhance the capabilities and functionality of the CUES GraniteXP software platform to GraniteNet. By upgrading this software platform, the City will be able to fully integrate the CUEs and Cityworks software, configure and automate the complete CCTV Inspection workflow, resulting in one system of record for City assets. HLC - wireless infrastructure replacement - to enhance the City's wireless infrastructure which promotes a hardened cybersecurity posture as well as improved access to technology resources. Information Technology operational support for April 04, 2021 to April 13, 2021 co c U 0 U 0 N 0 a a� Page 2 of 9 Packet Pg. 6 • Number of tickets opened - 154 • Number of tickets closed - 240 Enterprise GIS General: • Helping to implement GeoFinder for the CMS refresh with Granicus • Continue to update and normalize city addressing database for various city-wide software implementations • Working with Legal on Esri Advantage Program for GIS reorganization of architecture plan • Mailer app completed and getting ready for deployment for staff to create mailer labels to residents for various city projects • Supporting PW GIS with their demo of the Esri GIS Collector application to PW Managers/Supervisors • Providing support for Parks to locate assets using the GIS Collector application Weekly Customer Service Requests: • Transferring GIS and Connect Explorer monthly updates from PW to IT - first one successfully completed 3/28/21 • Providing customer support to help staff connect to GIS data • • Assisted staff in drafting an ordinance that sets up a framework to regulate the installation of street banners over rights - of -way, pole banners on city -owned streetlights, and messaging on the new city electronic messaging boards. During the month of March, prosecutors reviewed 6,501 minutes of Body Worn Camera (BWC) footage in preparation for the April jury trials. Prosecutors also handled 38 new in custody case filings in March and 176 new out of custody filings. Prosecutors saw a 34% Failure to Appear (FTA) rate for defendants in March. Prosecutors are preparing to return to in - person court for jury trials in April. The prosecution division had to file motions to quash bench warrants on approximately 850 criminal possession of drug paraphernalia cases in response to the recent Washington State Supreme Court decision in State v. Blake. The Blake decision found RCW 69.50.4013 5.6 unconstitutional because it criminalized simple possession of controlled substances without a required mental state, i.e. intent, knowledge etc. Once the bench warrants are quashed, those 850 cases will either be dismissed or closed depending on their status at the time the warrant was issued. Those warrants were originally issued because the defendant failed to appear at a required court hearing. • One prosecutor testified at a Senate Way and Means Committee hearing regarding proposed legislation in response to the recent State v. Blake Supreme Court ruling. c • Began work on a comprehensive ordinance to reorganize the Kent City Code and its ; structure of appointed boards and L) commissions to incorporate the goals E raised by Council during its retreat earlier ,° this year. • Drafted a revised administrative policy for a staff review concerning the City's use and acceptance of electronic signatures. V_ • Finalized easement negotiations with the a Lake Meridian Water District for its construction of a new well and well ) facilities at Sun Meadows Park. L • Continued to assist the Clerk's office with o public records requests as needed, and > Public Works, ECD, IT and Parks with a number of high priority contracts and development projects, including property 'c rights and access issues involving Naden E Avenue. a • Assisted the Clerk's Office in preparing the 2 agenda for the City Council meetings and U Committee of the Whole meetings. c • Assisted the HR Department in a number of sensitive employment and labor related .2 matters. Recreation and Cultural Services • Staff are in the third week of a sold -out Junior All-stars sports program. Sixteen Page 3 of 9 Packet Pg. 7 5.6 children are being introduced to a new sport each week. The first three weeks featured baseball, soccer, and basketball and the program will conclude with football. Kids are having a great time in this high-energy, skills based, self-esteem building program. Adaptive recreation brought back in -person classes starting April 19. Registration for the six classes offered filled this past Wednesday with a waitlist. Class size has been reduced due to Covid restrictions, but staff, participants and families are excited to slowly start getting back to programs with Kent Parks. Restoration of "Another Place, Another Time," by Stuart Nakamura on the Kent Historical Museum grounds is complete. Servant Industries, in consultant with Nakamura, repaired and restored all concrete surfaces (vertical seating wall and plaza), as well as granite elements. Parks Operations will contribute funding to extend the work to include the sidewalk leading up to the artwork plaza on the east side of the museum building. This additional work is expected to be completed by the end of April. Applications for the 2021 Traffic Signal Control Box Art -Wrap Program were due on April 16. Professional and emerging artists based in Washington State were eligible to apply and can work in any medium, so long as the work can be translated into a digital file to be converted to a vinyl wrap. The Arts Commission will select eight artists to design artwork for eight boxes located throughout Kent. Spotlight Series offered access to three livestream concert opportunities for our patrons in March. We Banjo 3 performed a full concert live from Ireland on March 13 and A.J. Croce presented two concerts on March 18 and 25. These concerts concluded the livestream offerings for the 2020-2021 season. The Kent Creates -"Looking Forward" exhibit closed on March 31 with 36 submissions. Arts Commissioners are currently voting on the winning artists. A new exhibit - "Hope Blooms" - is open through June 30 and is already receiving submissions. • Registered participants will pick up their "Earth Rocks" STEAM bags at a drive-thru pickup event at the Kent Commons on Thursday, April 22. These Earth Day- themed bags sold out. The Recreation Division is preparing another fun -filled STEAM bag of activities to kick off summer. "Seas the Day" STEAM bags are perfect for families with kids age 4-10. Each bag includes science activities, art projects, shark tooth fossil excavation (all supplies included), goodies, and more. Registration is required and the $12 bags will sell fast. Registered participants will get their bag at a drive-thru pickup event at the Kent Commons on Thursday, June 10 from 4-6 pm. • The Recreation Division events committee will visit three apartment communities in April with a spring planting activity called Kent Parks on the Move "Boots and Blooms". The schedule included Grandview Apartments on Wednesday, April 7, Valli Kee Apartments on Wednesday, April 14, and will also include Scenic Vista Senior Living on Wednesday, April 21. All sessions will run from 1:00-3:00 pm and resident youth and seniors will have the opportunity to plant colorful spring flowers in a cheerful rubber boot flowerpot. The inaugural event at Grandview Apartments went well with more than 30 kids participating despite cold, rainy weather. Special thanks to Washington Shoe Company and Kent East Hill Nursery for donating supplies. • The Senior Center has continued its partnership with the Puget Sound Regional Fire Authority in their efforts to distribute vaccine across the community. Senior Center staff maintain a "waitlist" of eligible vaccine recipients who are called at the end of the day to receive remaining vaccine. They have served 197 individuals with "extra" vaccines. This partnership has helped ensure vaccines don't go to waste while helping individuals who are struggling to access appointments. • Through the first quarter of 2021, the Senior Center has offered 178 virtual programs for the senior population. Activities have included education Page 4 of 9 Packet Pg. 8 opportunities, fitness, support groups, personal care, and book clubs. Staff Changes - Hiring/Retirement/ Recruitment/Leaves/Promotions • Sergeant Chris Mills promoted to Commander April 2. Significant crime activities/arrests/ investigations • On April 1, at 9:38 pm, officers responded to a shoplift -turned -robbery at AutoZone on 239th and 104th. The suspect assaulted one employee attempting to escape and then rammed one of their work trucks. The suspect engaged officers in a short pursuit and then collided with a civilian car at 112th and 240th. Two civilians suffered minor injuries. The suspect fled on foot and a K9 track commenced with the help of Guardian One. The suspect was eventually located at 104th and 235th. His getaway car was a Federal Way stolen and it was impounded for a search warrant. The suspect was booked for Robbery-2, Eluding, Possession of a Stolen Vehicle, and Hit & Run. • On April 4, at 12:57 am, patrol was dispatched to a collision in the 8700 block of S 259th St. A stolen Lexus RX3, had left the roadway, and struck one of the apartment buildings. The car was occupied by multiple juveniles; two were still trapped in the car. Three occupants, to include the driver, were transported to Harborview and the other three to Valley Medical Center. None of the occupants were aware that the vehicle was stolen. The father of two of the occupants had purchased the vehicle a couple of days prior. Traffic responded and is currently investigating. It is believed speed was a factor of the crash. No apartment occupants were injured, and the building is still being inspected. • On April 4, at 1:49 am, a couple wanted to warn others that a tow truck was driving around in the parking lot of Alderbrook Apartments. When they told another couple in the parking lot, there was an argument and an 18-year-old male suspect pulled out a gun and shot the 34-year-old male 5.6 victim. The suspect fled on foot and the victim died at the scene. The suspect was later apprehended. • On April 4, at 2:25 am shots were fired into a house in the 13100 block of SE 210 PI. Officers found several bullet casings in the roadway and five gunshot holes to the house. Preliminary investigation shows that an ex -boyfriend of a 17-year-old female that lives at the house stopped by and was yelling for her to come outside or he would shoot up the house. The mom's boyfriend argued with the suspect for a brief time a and the suspect left. Shortly after, the co house got shot up and a car was heard leaving. It returned and a few more shots were heard. There were no injuries. The ; suspect is a 22-year-old male. Detectives L) are investigating. E • On April 5, at 4:35 pm, a call was placed to 0 911 both by the male shooter and the female victim. A conversation was ° a overheard about the presence of a gun and W then a hang up. Shortly after, we received V_ a call that the female had been shot. 0 a Officers arrived and detained the shooter right outside Alderbrook Apartments. He ) stated he had shot the female after a L dispute over a parking stall escalated to 0 the point she attacked him with two knives > she took out of the kitchen. The victim sustained at least two gunshot wounds. N She was transported to Harborview in c critical condition. Detectives are E investigating. a • On April 6, at 6:20 pm, a male was found a face down in a stairwell. Kent Fire and Medic-1 responded, and he was c pronounced deceased. The male had an W ankle monitor, loaded .357 handgun and •2 $2,300.00+ cash on his person. Detectives I responded and learned the male was E headed to sell a gun. Medical Examiner's U Office advised the male died of a Fentanyl overdose. • On April 7, at 10:46 pm, a 4 and 6-year- old left the Sunset Motel looking for their father. The girls walked six blocks on Pacific Hwy. in the rain and got onto a Metro Bus. The bus driver stopped the bus at Kent Des Moines Road and had everyone exit the bus except the girls. The driver Page 5 of 9 Packet Pg. 9 then secured the doors and called 911. The girls were able to describe where they were staying. When officers arrived, they found the father exiting an upper unit. The father lied about events and was found to have left the girls to go do dope with others. The girls were transported to the substation and later transported to meet with a CPS worker. Father charged with Child Neglect. • On April 10, at 12:32 am, a victim was carjacked at Arco AM/PM 13130 SE Kent Kangley Rd. The suspect approached a male who was sitting in his Chrysler 300. The suspect pulled the victim out of his car, assaulted him, and stole his vehicle. The victim was dragged by his own vehicle. The suspect and vehicle were not immediately located. Later that night, officers located the suspect near the QFC, in the Chrysler 300 and a pursuit ensued. The pursuit continued and the suspect lost control and left the roadway in the 2700 block of Maple Valley Hwy. The suspect eventually crawled out under his own power and was transported to Valley Medical Center by Tri- med. The suspect sustained a broken pelvis in two places and a bleed in the brain and was transported to Harborview. • On April 11, at 7:30 am, patrol responded to an alarm at the Kent School District Administration complex. KSD Security accessed their cameras remotely and could see two suspects inside the fenced area stealing multiple tool items. Officers arrested one suspect hiding under a dumpster while the second suspect fled over the barbed wire fence. The suspect was captured by King County Sheriff's Office K9 a couple of blocks away hiding in the backyard of a residence. The suspects were booked into King County Jail in Seattle. Land Survey/PW GIS: • Field staff provided construction support and staking on active capital improvement projects, including the West Hill Reservoir. Topographic mapping surveys performed for Chestnut Ridge, 216t" roundabout, 76t" Ave. and the 2281" improvement as-builts. 5.6 • Professional staff reviewed CIP project plans, calculated Transit Center boundary, mapped and wrote legal descriptions for the Mill Creek rehabilitation. • PW GIS staff supported updates for Cityworks and GIS collector projects. Completed the 2021 aerial imagery check - in & validation and have written up the results to share with the consultant. Fulfilled public records requests, entered infrastructure utility project as-builts. Construction: • 228t" St. Union Pacific Railroad grade separation bridge and roadway (Ph 5 of 5): 0 Apply -A -Line striping crews scheduled to complete new roadway and parking lot striping. Totem Electric working to ; complete 76t" intersection wiring. Ribbon 0 cutting ceremony held at 11 AM last E Thursday (4/15). Bridge opened to traffic ,° following event! Before construction renderin ° _ Almost com • north Willis Street and 4t" Ave S roundabout: final electrical installations are ongoing. Blast lighting for the artwork in the inner circle is expected to be live by the end of the day on Friday (4/16). Work on the new LED message board is suspended for material procurement. Due to these long lead materials, the final installation will be complete in May. James Street and 2nd Avenue pedestrian crossing: contract work scheduled to begin Page 6 of 9 Packet Pg. 10 on Monday, April 19. Impacts to traffic between the hours of 9:00 AM and 3:00 PM can be expected for the following several weeks. • West Hill Reservoir: mass excavation for the tank's foundation is complete and ready for placement of forming and rebar. This work is proceeding on April 19. Installation of new utilities in 3811 Ave S is ongoing. 38th Ave S is closed between S 2481h St and S 24711 St for the duration of the project. Pedestrian access through this closure will be maintained. Design: • 2021 water main replacement(s): design complete and advertised on 4/6 with a bid date of 4/20/21. • King County access to Transit (design only): 60% design review scheduled for April 30. Sending WSDOT review plans for Hawk signal this week along with meeting request. • Signature Pointe projects: proceeding with appraisal for the driving range. Renderings completed and sent to King County Flood Control District for review. • West Hill transmission main and booster station: wetland delineation field work complete and consultant working on report to assist in determination of the booster pump station location. Western location near Riverview and original location east of Green River look like preferred locations based on wetlands. • 81st pump station and force main: workshop meeting performed last week. Narrowed down to two alternatives for location. Meeting with private storm inspector on Wednesday to confirm location of drainage on Hexcel property. Environmental: • Planet Protectors Summit - this summit will be held as a virtual event with four video demonstrations for participants to watch. Filming of the videos took place on April 8 at Kent Commons with Multimedia's help. A new summit logo was created. Inviting Kent School District teachers and students (3rd/41h graders) to register (either via a website or email). The videos will be shown to students on April 27 and the link will be made available. 5.6 • Mini recycling event - first event held last Friday April 9 at Scenic Hill Park. Ninety- seven cars attended with 73 having paper for shredding. Next event is Friday, April 16 at Hogan Park from 1 - 4 and accepting textiles, electronics, documents for shredding, batteries, mattresses and propane tanks. Following event is Friday May 14 at the Kent United Methodist Church with the final mini event on Friday May 21 at Glenn Nelson Park. • It is that time of the year again and you may come across charity car washing a events. Car wash water contains soap, dirt and automotive fluids that pollute the drainage system and ultimately rivers, creeks, and streams. If you see a car wash ; event and they do not have a car wash kit L) set up and wash water is being allowed to E enter the storm system, please let ° Environmental Programs staff know so that we can educate the property owners on the a correct best management practices to use for these events. V_ Transportation: a • We are proposing to install traffic calming W devices on streets where we have ) previously received traffic calming requests L that are being repaved as part of the 2021 0 overlay project. Including this work in a larger overlay contract is more efficient and cost-effective which extends the traffic N calming budget. Traffic calming will be installed on Hazel Ave between Smith St E and James St. Staff have previously met w with the residents of Hazel Ave to discuss °' traffic calming and the residents voted for traffic calming to be installed before the c current COVID meeting restrictions. W • Overlays on two additional streets were •2 selected after meeting restrictions went into place. The first location is the Scenic c Hill corridor from Reiten Rd at E. Guiberson u St along Reiten Rd, Maple St, Woodland Way and SE 267th St to 102nd Ave SE. The second is along the East Hill from 93rd Ave S at SE 220th St along 93rd Ave S, S 222nd St, 94th Ave S, S 228th St, 96th Ave S, S 232nd St, and 94th Ave S to James St. Staff worked with Public Works Administration, the Mayor's Communications office, and Multimedia to Page 7 of 9 Packet Pg. 11 5.B send out over 1,200 letters with project information and invitations to join one of five online meetings to learn about the overlay project and the proposed traffic calming. Residents along the two corridors will vote on the installation of traffic calming. If the vote is positive, the work will be included in the 2021 overlay contract scheduled to begin this summer. Streets: • Street maintenance crews set out no parking signs on SE 248th St, repaired a people path on 1015t PI SE, repaired the Mill Creek pedestrian bridge, ground a sidewalk on 84th Ave S, bladed the alleyways in the Mill Creek area, hot patch overlay on SE 224th St, cleaned sidewalks and bridges on S 228th St, ribbon cutting ceremony on 4th Ave S, sidewalk repaired on SR 181, sidewalk inspections on S 259th PI, hot patch dig out repair on 132nd Ave SE and paved and overlayed alleyway on E Smith St. • Signs and Markings crew installed bases and signs for the retro reflectivity program on SE 245th St, 120th Ave SE and SE 244th St, installed bases and replaced signs on 96th Ave S and 97th Ave S and installed a sign on 72nd Ave S. Solid Waste crew were removing debris on 132nd Ave SE, 41h Ave S and S 228th St and removing debris and illegal signs and hot spot inspections on Russell Rd. • Water Vegetation mowed and line trimmed at the East Hill well, Guiberson, West Hill sites and pump station 5 and cleaned debris at Seven Oaks well, Woodland Way PRV, Garrison Creek and pump stations #2, #6 and #8. Street Vegetation crews have mowed and line trimmed SE 256th St, replaced bird snags at GRNRA and finished mowing and line trimming the James St hill. The Sidearm crew were mowing on 132nd Ave SE, SR 515, S 272nd St and Military Rd and fencing repair along people path on 101s' PI SE. The Wetland Mitigation crew planted at Downey project, removed ivy and weeds at Rock Creek, removed litter and line trimmed at Lake Meridian outlet channel and cleaned up at GRNRA nursery. Wetland Maintenance mowed and line trimmed at Redondo on 27th Ave S, little property on Clark Ave N, Boeing Creek on S 212th St, Boeing Wetland on SE 208th St and Maplewood Grove on 108th Ave SE. The Holding Pond crew trimmed, removed leaves and debris and sprayed at storm and sewer pump stations, trimmed, removed leaves and debris South Ridge bioswale on SE 282nd St and Meridian Park Vista East bioswale on SE 278th St. Pruned shrubs and trees at Lindental sewer pump station, cleaned beds, trimmed and removed debris at the James St pump station and trimmed bushes, grass and removed debris from the Lindental pump station Water: • Staff are working on the implementation of a new data management software system called WaterTrax for water treatment, water quality and water production data storage. This system stores historical data and is used to produce state and federal reports. Staff will be going through user training over the next few weeks with a go live date in early May. Construction has started for the new West Hill reservoir at 38th Ave S & S 248th St. Tank foundation excavation has been underway, and this week staff will be working with the contractor on utility connections for water mains on Military Road and on 38th Ave S. water main cleaning continues on Kent's East Hill. Storm/Sewer: • Storm crews were performed a sawcut on 29th Ave SE, manhole change outs on S 228th St and 68th Ave S, cleaned for TV-ing on 105th PI SE, pond maintenance on SE Kent Kangley Rd, 132nd Ave SE and 166th Ave SE, cleaned, replaced and asphalted storm lines on 29th Ave SE, cleaned storm lines on Lake Fenwick Dr, dug a ditch for Streets Department on 96th Way repaired gutter in driveway at 24411 130th PI SE, asphalted around the catch basin at 21726 125' Ave SE and sawcut, prepped line for install and installed pipe at 25651 Lake Fenwick Rd. The crew have performed National Pollutant Discharge Elimination System (NPDES) assessing on 68th Ave S and 64th Ave S and (NPEDS) pumping on 4th Ave N. Page 8 of 9 Packet Pg. 12 5.B • Sewer crews have installed a fan motor for the Horseshoe pump station, cleaned wet wells and continued TV inspections on the existing sewer and storm 2021 overlays on 10011 Ave SE, SE 20811 St, Jason Ave and James St. Fleet/Warehouse: • The Warehouse crew continues to maintain the shops yard keeping it clean and picked up and maintaining the wash rack, assisting with CDL training, issuing personal protection equipment (PPE's), issue hydrants and public notice boards to contractors, repairing small equipment as needed, receiving parts and inventory orders and manually open and close broken East Gate. • Fleet crews were working on preparing mowers for spring, ordered new vehicles, received new vehicles, setting up new vehicles, three vehicles at body shops, scheduled and non-scheduled maintenance and City Space write ups. The Radio Shop was programing radios and setting up new vehicles. Page 9 of 9 Packet Pg. 13 8.A.1 Date: Time: Place: I. A 3 KENT W n S N N,, O H April 6, 2021 5:02 p.m. THIS IS A REMOTE MEETING PRESENTATIONS King County Assessor Update Pending Approval City Council Workshop Workshop Regular Meeting Minutes April 6, 2021 John Wilson 30 MIN. King County Assessor, John Wilson provided the Council with an update on how COVID-19 has affected property values. Residential impacts were small - home inventory was tight, but prices were stable or trending upward. Wilson reviewed the new senior, disabled and disabled veterans program and reviewed the requirements to be eligible. Call 206-296-3920 for additional details. 2021 property taxes are up about 4.043% countywide. Total King County property tax revenues are up $256 million and in Kent, property taxes increased $132.21 over 2020. The increase was due to enhanced school levies and Harborview Medical Center. Wilson detailed how property taxes are distributed. Roughly 57% of property taxes go for K-12 education. Residential values will continue upward and are driven by strong demand and scarce inventory. Commercial values will be much more dynamic and will be dependent on how many people will return to the office and how soon. 2021 Public Works Capital Projects Eric Conner 60 MIN. Update Construction Manager, Eric Conner provided Council with an update on the 2021 Public Works Capital Projects by highlighting some specific projects: LID 363: South 224th Street Improvements - 88th Avenue South/South 218th Street Improvements - South 22nd Street to 94th Place South (Phase 2) South 228th Avenue Union Pacific Railroad Grade Separation Bridge and Roadway (Phase 5) Upper Mill Creek Dam a Packet Pg. 14 8.A.1 City Council Workshop Workshop Regular April 6, 2021 Meeting Kent, Washington Minutes • 76th Avenue Improvements Willis Street and 4th Avenue South Roundabout Green River Natural Resource Area (GRNRA) South Stormwater Pump Station Meet Me on Meeker Sidewalk / Riverbend Driving Range Improvements Meet Me on Meeker (GRE-Russell Road) Sidewalk Improvements Fuel Tank Replacement 2020 Sanitary Sewer CIPP Lining Downey Farmstead (Phase 3) 2020 Asphalt Overlay 2021 Asphalt Overlay r South 212th Street Overlay - 84th Avenue South to 72nd Avenue South c Clark Springs Generator and Electrical Upgrades 4- West Hill Reservoir ° James and 2nd Avenue Pedestrian Crossing o Lake Fenwick Hypolimnetic Aerator Improvements a 2021 Watermain Replacement Q Rock Creek Culvert Replacement at Summit Landsburg Road Washington Avenue Pump Station a Bieren provided an update on the City's approach to existing intersections and bringing them into compliance for wheelchair access. Conner reviewed the private development/utility inspection projects: Marquee on Meeker (Ethos) - Built to the new standards Midtown 64 - Built to the new standards Alexan Gateway Lower Russell Levee Setback - King County Water and Land Resources Division Federal Way Link Extension - Sound Transit Meeting ended at 5:55 p.m. Ki,mb,eAe,y A. Ko-wwto- City Clerk Page 2 of 2 Packet Pg. 15 8.A.2 Date: Time: Place: 1. 2. 3. KENT WAS M IN G 7 0 N April 6, 2021 7:03 p.m. THIS IS A REMOTE MEETING CALL TO ORDER Mayor Ralph called the meeting to order. ROLL CALL Pending Approval Kent City Council City Council Regular Meeting Minutes April 6, 2021 Attendee Name Title Status Dana Ralph Mayor Present Toni Troutner Council President Present Arrived Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Councilmember Present Present Zandria Michaud AGENDA APPROVAL A. Move to approve the agenda as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Employee of the Month Mayor Ralph recognized Alex Klinger as the City of Kent's April employee of the month. 2. Employee of the Year Mayor Ralph recognized Shawn Gilbertson as the City of Kent's 2020 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 N as c 0 0 L CL 0. a Packet Pg. 16 8.A.2 Kent City Council City Council Regular Meeting Minutes April 6, 2021 Kent, Washington Mayor Ralph read a proclamation recognizing and elevating Valley Communications Center 911 Telecom municators at Valley Communications Center to the status of First Responders who serve our community. 4. Proclamation for Sexual Assault Awareness Month Mayor Ralph proclaimed April as Sexual Assault Awareness Month. B. Community Events Council President Troutner advised of two upcoming mini -recycling events: April 9th from 1-4 p.m. at Scenic Hill Park and on April 16th from 1-4 p.m. at Hogan Park at Russell Road. There will be a Kent Parks Earth Day conservation event on April 17th from 9 a.m. -11 a.m. at Clark Lake Park. On April 18th, there will be a mask give-away event from 11 a.m. - 1 p.m. at the accesso ShoWare Center. The Kent Police Department will host a medication take back day on April 24th from 10 a.m. - 2 p.m. C. Economic and Community Development Report Economic Development Officer, Bill Ellis provided Council with an update on Economic and Community Development in the City. Employment numbers and unemployment claims in King County were reviewed. Ellis noted that the despite steeper job losses than the 'Great Recession', labor market recovery is underway with vaccinations, stimulus, and phased re -openings. He also noted that the impacts were felt very uneven by race, geography and industrial sector. Ellis reviewed the business survey results and how Kent compared to other surrounding cities. Some of the metrics were around income reduction, landlord support received, or other types of assistance received such as PPP, local City grants, King County COVID Relief, Seattle Stabilization fund or county grants. He also reviewed the concerns of business owners regarding impacts of the challenges they have faced during the pandemic. Details were provided on round four of the state's Working Washington grants - applications for round 4 closes on April 9t" Ellis discussed the Port Partnership application of $60,000 which is matched by $30,000 from the City of Kent. Ellis indicated there are opportunities to invest in microenterprises now and suggested taking a closer look at tenant improvements. He indicated that the escalating costs are a barrier to existing business expansion or new entrants, especially restaurants. There is a perceived gap in technical assistance: architecture and construction project Q Page 2 of 7 Packet Pg. 17 8.A.2 Kent City Council City Council Regular Meeting April 6, 2021 Minutes Kent, Washington management. Ellis discussed the plethora of business resource assistance programs that are available to local businesses for business development. Other partnership opportunities were reviewed, including the King County Food Facility, which is looking at a possible investment from American Recovery Plan. Finally, Ellis indicated the Naden property is well -positioned as an asset to advance regional economic development discussions. S. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph recognized the second graduating class of Kent 101. Q Mayor Ralph testified before the legislature on the transportation budget and streamlined sales tax. Mayor just received notification that the streamlined sales tax bill has passed and that is very good news for Kent. Mayor Ralph serves as the Chair of the South King Housing and Homeless Partnership and advised that the recent meeting was a listening session regarding building the capital fund in addition to discussing expectations and how the framework will be built. Mayor Ralph attended the Puget Sound Regional Council's Operations Executive Board and committee meetings. The executive board approved the creation of the equity advisory committee to work on equity in all of the committee processes. B. Chief Administrative Officer's Report Chief Executive Officer, Derek Matheson advised that the Oakpointe communities have withdrawn their application for a Comprehensive Plan amendment in the Bridges. This item will not come back to city council in the near future. Mayor Ralph and department directors from Kent and Auburn will work on deannexation from Kent to Auburn. The City's American Rescue Plan framework committee will meet on April 7tn to come up with recommendations of a high-level framework for investment of Kent's $28.41 million in recovery funds. Matheson, Councilmember Larimer and Chief Padilla met and reviewed the three proposals received for the police data project and agreed to next have a conversation with one of the teams that submitted a proposal. Page 3 of 7 Packet Pg. 18 8.A.2 Kent City Council City Council Regular Meeting Minutes April 6, 2021 Kent, Washington During next week's Committee meeting, the Council will consider revisions to two of the City's goals: Inclusive community and sustainable services. Matheson expressed appreciation of the Cultural Community Board's work on revising the goals. The Committee will also receive information on the grocery hazard pay issue. Matheson's written report is in today's agenda packet and there is no executive session tonight. C. Councilmember's Reports Councilmember Troutner reviewed the two workshop presentations from this evening. Councilmember Michaud serves on Human Services Commission that heard an update on the racial equity plan and mental health funding. Michaud serves on the Regional Water Committee. During a recent workshop there was a presentation on the King County Water Plan with an overview of the plan in addition to information regarding the public's priorities. Councilmember Kaur serves on the King County Growth Management Planning Council that recently reviewed Countywide Planning Policies, in addition to the Urban Growth Capacity Report. Public comment is open until May 5th. Councilmember Larimer serves on the King County Affordable Housing Committee that met with the focus to revise and vote on 2021 Work Plan. The Committee heard a presentation on the Help for Housing Implementation Plan and also reviewed the legislative agenda. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Board that meets tomorrow at 5:30 via Zoom. Councilmember Fincher serves on the Mental Illness and Drug Dependency Advisory Council that recently received a legislative update. The Committee will be doing a survey on quality outpatient care to ensure that patients are being cared for. The Council also discussed the $160 million from the American Rescue Plan and how the funds will be distributed. Fincher serves on the Arts Commission. The theme for April is "Hope Blooms." June 30th is the deadline to submit to Kent Creates. The student art exhibit will be on Kent Creates website and the commission is soliciting art for another eight traffic signal boxes. 6. PUBLIC HEARING None. Q Page 4 of 7 Packet Pg. 19 8.A.2 Kent City Council City Council Regular Meeting April 6, 2021 Minutes Kent, Washington 7. PUBLIC COMMENT Alden Lin, resident of Federal Way and owner of World of Weed, requested the Council revisit allowing cannabis retail in Kent. Bryan Gilderoy, a grocery worker in Kent requested the Council pass a hazard pay ordinance. Jennifer Torrence, a Kent resident and grocery worker in Kent requested the Council pass a hazard pay ordinance. 8. CONSENT CALENDAR Approve items A - H. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 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 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. C. 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. D. American Rescue Plan Framework Committee - Authorize a� r c 0 0 L 0. a Q Page 5 of 7 Packet Pg. 20 8.A.2 Kent City Council City Council Regular Meeting April 6, 2021 Minutes Kent, Washington 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. E. 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. 4- 0 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 - Q 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. G. 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. H. 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. 9. OTHER BUSINESS A. Resolution to Urge Passage of Comprehensive Transportation Package in 2021 - Adopt Page 6 of 7 Packet Pg. 21 8.A.2 Kent City Council City Council Regular Meeting Minutes April 6, 2021 Kent, Washington Chief Administrative Officer Derek Matheson provided a brief presentation on a resolution urging the Washington State Legislature to pass a comprehensive transportation package in 2021. AWC supports the adoption of a transportation packing and this proposed resolution supports the adoption. Matheson provided details on the House and Senate packages that were recently released. The 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. MOTION: Adopt Resolution No. 2023, urging the Washington State Legislature to pass a comprehensive transportation package in 2021. RESULT: APPROVED [UNANIMOUS] MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Troutner, Fincher, Kaur, Larimer, Thomas, Michaud ABSENT: Boyce 10. BIDS None. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 8:21 p.m. Ki4�ley A. KoTno-to- City Clerk Q Page 7 of 7 Packet Pg. 22 8.A.3 Date: Time: Place: 1. 2. 3. 5. KENT WAS M IN G 7 0 N April 13, 2021 4:04 p.m. THIS IS A REMOTE MEETING CALL TO ORDER Pending Approval Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes April 13, 2021 Council President Troutner called the meeting to order. ROLL CALL Attendee Name Title Toni Troutner Council President Status Arrived Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Present Present Les Thomas Councilmember Dana Ralph Mayor Councilmember Kaur departed the meeting at 5:45 p.m. AGENDA APPROVAL There were no changes to the agenda. EXECUTIVE SESSION A. Litigation per RCW 42.30.110(1)(i) At 4:06 p.m. the Council went into executive session for 20 minutes. At 4:26 p.m. executive session was extended by an additional 15 minutes. At 4:41 p.m. Council reconvened into the meeting. There was no action following executive session. DEPARTMENT PRESENTATIONS A. Payment of Bills - Authorize MOTION: Authorize the payment of bills received through 3/31/21 and paid on 3/31/21 and approve the checks issued for payroll 3/1/21-3/15/21 and paid on 3/19/21, all audited by the Committee of the Whole on 4/6/21. Packet Pg. 23 8.A.3 Kent City Council - Committee of the Whole April 13, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM B. Consultant Services Agreement with EMG Inc, dba MENG Analysis for Facilities Condition Assessment and Master Plan - Authorize Deputy Parks Director, Brian Levenhagen presented the Council will details on the Consultant Service Agreement with EMG Inc, dba MENG Analysis for the Parks Facilities Condition Assessment and Master Plan. Levenhagen advised that the scope of this Agreement includes meetings, project management and coordination, facility condition assessment, financial review and analysis which includes establishing financial models-20-year financial forecast, operational work planning, and compilation of unified master plan. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with EMG Inc, dba MENG Analysis for FCA & Master Plan contract, in the amount not to exceed $223,116.30, subject to final terms and conditions acceptable to the Parks Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM C. INFO ONLY: Riverbend Golf Complex Update Golf Superintendent, Pete Petersen presented an update on the Riverbend Golf Complex. Challenges of 2020 included: • The third wettest January on record • Record rainfall in February caused the course to be closed for 17 days • The course was closed from March 25 - May 5th due to COVID restrictions • Smoke from the West Coast wildfires impacted play Accomplishments of 2020 included: • Over 60,500 rounds of golf were played • Staff and volunteers did an excellent job providing a safe facility for customers • No cases of COVID were connected with Riverbend • Revenue for the year was much higher than forecasted Peterson advised the driving range remodel project is underway and includes renovation and expansion of the field, the addition of the tee line and Page 2 of 7 Packet Pg. 24 8.A.3 Kent City Council - Committee of the Whole April 13, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes building improvements, and parking lot and sidewalk improvements that are all scheduled to be complete by the end of May. Parks Director, Julie Parascondola advised that she is negotiating a lease amendment with Half Lion and will return to the Committee in May with an update. D. Subscription Agreement with SPIDR Tech - Authorize Commander Phil Johnson presented details on the Subscription Agreement with SPIDR Tech. The agreement is for a three-year term and was originally funded in the 2020 budget. Police is now requesting the funds come out of the red light traffic program fund. Johnson indicated this program will assist the police department with community engagement and will further build trust with the community.Johnson detailed how the program works, including integration with Valley Communications Center computer -aided dispatch and the police department's records management system. The patrol module will be deployed first. Callers to 911 will receive a text providing details on their request, including when an officer will arrive, the name of the officer that responds, any related case number, in addition to receiving resources such as where to file an online report. The application keeps residents better informed and also has translation capabilities. Additional modules includes one for investigations and also a survey to elicit feedback that will help the police department identify blind spots in services and also an opportunity to spotlight excellent customer service. Councilmembers expressed their support of this application. MOTION: Authorize the Mayor to sign a three-year Subscription Agreement with SPIDR Tech, in an amount not to exceed $107,417, to obtain access to SPIDR Tech's notification system to serve victims and persons who report crime, subject to final terms and conditions acceptable to the Police Chief and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM E. Ordinance Amending Title 6 of the Kent City Code Relating to Street Banner Provisions - Adopt Communications Manager, Bailey Stober presented the proposed Page 3 of 7 Packet Pg. 25 8.A.3 Kent City Council - Committee of the Whole April 13, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes amendments to Title 6 of the Kent City Code relating to street banner provisions that amends Title 6 of the Kent City Code by adopting a new chapter 6.17 establishing standards for street banners, pole banners and electronic messaging center signs, and also amending the provisions within Kent City Code 15.06.060 referencing banners. Stober advised that this ordinance sets up a legal framework to allow public service messages; announcements for community events; and announcements for events at city -owned facilities to be displayed on street banners hung across the City rights -of -way and on the City's electronic messaging center signs. In addition, these types of messages as well as art may be displayed upon pole banners on City -owned streetlights. Street banners, pole banners, and electronic messaging center signs may only be used to display promotions for community events located in the City and sponsored by the City and/or a Kent -based nonprofit organization; promotions for tenants or events at a city -owned facility; and public service messages. Any street or pole banners hung across the right-of-way or on streetlights must also meet specified technical requirements and must be installed by City staff. The Public Works Director, Street Manager and Communications Manager will all be involved in the approval of street and poles banners and the messaging on these banners and on the electronic messaging center sign. MOTION: Adopt Ordinance No. 4401, amending Title 6 of the Kent City Code by adopting a new chapter 6.17 establishing standards for street banners, pole banners and electronic messaging center signs, and also amending the provisions within Kent City Code 15.06.060 referencing banners. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM F. INFO ONLY: Quiet Zone Update Transportation Engineering Manager, Rob Brown updated the Council on the Quiet Zone project. The Utilities and Transportation Commission ("UTC") is the state agency responsible for railroad grade crossing safety and the City must petition the UTC to make grade crossing changes. The City is working with the railroads to reach an agreement on the crossing modifications before going to the UTC. This will save about 12 months and an administrative hearing. Brown advised the city has contracted with both railroads for engineering Page 4 of 7 Packet Pg. 26 8.A.3 Kent City Council - Committee of the Whole April 13, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes work to try and reach an agreement on the crossing modifications. After the initial meetings staff will begin discussions on the crossing modifications. Brown hopes to mutually agree on modifications at each crossing that are within the quiet zone project budget. Next steps for both quiet zones include: • Continue working with the railroads on the crossing modifications. • Following UTC approval, the City will finish the construction contract documents and construct the crossing modifications. • Following construction, we go through the process of establishing the quiet zone called the Notice of Establishment. Once we have the quiet zone established, we need to maintain it to keep the quiet zone. • This is an FRA requirement • The railroads have advised that they will sound horns if we do not keep the quiet zone maintained. • We are currently estimating that quiet zone maintenance will cost approximately $50k per year. Most of this cost is pylons and pavement markings. Brown reviewed the updated schedule through June of 2024. G. INFO ONLY: Grocery Store Worker COVID 19 Hazard Pay City Attorney, Pat Fitzpatrick provided a brief introduction and detailed the exhibits included in the agenda packet. Fitzpatrick detailed legal issues that could arise if the City passes an ordinance relating to hazard pay for grocery workers. Councilmembers Boyce, Michaud, Larimer, Thomas, Troutner and Fincher spoke in opposition of passing an ordinance relating to hazard pay for grocery workers and indicated unions bargain wages. Councilmember Kaur spoke in support of passing an ordinance relating to hazard pay for grocery workers. H. INFO ONLY: Resolution Regarding Council Bylaws, Rules and Procedures Eliminating Committee of the Whole and Establishing Various Committees City Attorney, Pat Fitzpatrick walked the Council through the Resolution and highlighted the changes requested during the March 23rd Committee of the Whole meeting. Page 5 of 7 Packet Pg. 27 8.A.3 Kent City Council - Committee of the Whole April 13, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes Fitzpatrick requested guidance on how the chair of the Operations/Public Safety Committee is appointed. Thomas suggested separating the Operations and Public Safety committee into two individual committees and also revising the enactment date from September to January 1st, 2022. Boyce, Troutner, and Michaud expressed their desire to stay with the plan to begin committees in September and indicated all councilmembers should r serve on both the Operations and Public Safety Committees. 4- Councilmember Fincher supported separating out the committees and ° keeping the September 1st effective date. o L Q Councilmember Larimer did not support delaying the effective date, but a would consider separating into two committees with the understanding that public safety would be a committee of seven. a Councilmembers Boyce, Michaud, Fincher and Larimer supported having the Council President serve as the chair of the Operations/Public Safety Committee. Councilmember Thomas did not support having the Council President serve as the chair of the Operations/Public Safety Committee and supported having the longest serving councilmember as the chair, but would vote with the majority. Council supported moving this Resolution onto the May 20t" City Council Consent agenda. I. Vision/Mission/Goals/Values Update — Resolution — Adopt Chief Administrative Officer, Derek Matheson provided background and details on the Strategic Framework Resolution. Matheson recapped the work done by City staff and the Cultural Communities Board to update the Sustainable Services goal to add regional advocacy and update the Inclusive Community goal to add the concepts of equitable policies/practices/services, celebration of diversity, and justice. The two updated goals would read as follows: Sustainable Services: Providing quality services through responsible financial management, economic growth, regional advocacy, and partnerships. Inclusive Community: Embracing our diversity and advancing social justice through equitable community engagement, transformative policy, innovative Page 6 of 7 Packet Pg. 28 8.A.3 Kent City Council - Committee of the Whole April 13, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes service delivery, and accountability. Councilmember Larimer expressed appreciation of the work of the Cultural Communities Board. MOTION: Adopt Resolution No. 2024, updating the city's vision, mission, goals, and values. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM m r J. LTAC Grant to the City of Kent Economic and Community Development for Contract with JayRay for Tourism Promotion Campaign, Visit Kent - Authorize o Economic Development Program Manager, Michelle Wilmot provided the o Council with an overview of the LTAC grant to the Economic and Community a Development Department for a contract with JayRay for the tourism a promotion campaign, "Visit Kent," to maintain the Visit Kent tourism promotion program and web/media presence. a Wilmot explained that reduced revenues due to travel restrictions imposed to combat the spread of Covid-19, and anticipating that the travel sector of our economy is not likely to begin a robust recovery until late in 2021, and proposed renewing the agreement with JayRay for basic maintenance and upkeep of our established tourism promotion campaign, Visit Kent, established in 2017 and built in partnership with JayRay. Councilmember Boyce expressed his appreciation of Wilmot's work on the committee. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM 6. ADJOURNMENT Council President Troutner adjourned the meeting. Meeting ended at 6:41 p.m. K�lQ.y A. K&m ota- City Clerk Page 7 of 7 Packet Pg. 29 8.B KENT WASH IN G T O N DATE: April 20, 2021 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: Authorize the payment of bills received through 3/31/21 and paid on 3/31/21 and approve the checks issued for payroll 3/1/21- 3/15/21 and paid on 3/19/21, all audited by the Committee of the Whole on 4/6/21. SUMMARY: Approval of payment of the bills received through----- 03/31/21 and paid 03/31/21 Approval of checks issued for Vouchers Date Document Numbers Amount 03/31/21 Wire Transfers 8688 8704 $2,401,550.29 03/31/21 Regular Checks 752032 752355 $5,572,137.59 03/31/21 Payment Plus 103089 103123 $208,981.59 Void Checks $0.00 03/31/21 Use Tax Payable $2,073.18 $8,184,742.65 Approval of checks issued for Payroll: 3/1/21-3/15/21 and paid 3/19/2021 Date 3/19/2021 Checks Voids and Reissues 3/19/2021 Advices FR&P 3/19/2021 04/13/21 COUNCIL BY CONSENSUS RESULT: Document Numbers Amount 463124 463133 $7,288.06 $1,842,569.39 $1,849,857.45 Committee of the Whole RECOMMENDED TO RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM Packet Pg. 30 8.0 KENT WASH IN G T O N DATE: April 20, 2021 TO: Kent City Council SUBJECT: Accept the South 228th St. Union Pacific Grade Separation Ground Improvement and Embankments Project as Complete - Authorize MOTION: Authorize the Mayor to accept the South 228t" Street Union Pacific Grade Separation Ground Improvement and Embankments Project as complete and release retainage to Scarsella Bros., Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project was Phase 4 of the 5 phases to complete the South 22811 Street UPRR Grade Separation project. This phase included installing the remaining bridge shafts, ground improvements, new waterline and approach embankments. The final contract total paid was $6,513,220.96 which is $1,247,734.24 under the original contract amount of $7,760,955.20. BUDGET IMPACT: The project was paid for using state and federal grant funds along with utility funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 31 8.D 440 KENT o f ,. V 3 I c N DATE: April 20, 2021 TO: Kent City Council SUBJECT: Accept the Fuel Tank Replacement Project as Complete - Authorize MOTION: Authorize the Mayor to accept the Fuel Tank Replacement Project as complete and release retainage to Granite Petroleum, Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included a replacement fuel island with above ground fuel tanks, modernized pumps, and a canopy. The final contract total paid was $1,707,555.26 which is $168,331.94 under the original contract amount of $1,875,887.20. BUDGET IMPACT: The project was paid for using budgeted Fleet Funds. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 32 8.E 440 KENT o f n. V 3 I G N DATE: April 20, 2021 TO: Kent City Council SUBJECT: Appointments to the Kent Bicycle Advisory Board - Confirm MOTION: Confirm reappointment of Mel Roberts, Julie Dunn, Daren Osborn and Joe Cimaomo for additional two-year appointments that will expire March 31, 2023. Confirm Stephanie Habu for vacant one-year appointment that will expire March 31, 2022. Confirm Maria Castro and Erik Jacobs for vacant two-year appointments that will expire on March 31, 2023. SUMMARY: Mel Roberts -Position 1 Mel is a long-time member of the Kent Bicycle Advisory Board and resident of Kent. There is probably no one that cares more about cycling in Kent than Mel. He sees things that others don't see and is a tremendous asset to the community, in part because of his "institutional knowledge". Mel is an enthused and confident rider who regularly brings maintenance and other issues to the attention of the Board that need to be addressed. First appointment was prior to 2003. Julie Dunn - Position 3 Julie is a long-time resident of Kent and is a retired RN and an avid cyclist. Julie cycles five out -of -seven days a week. Her desire to continue to serve on the board is to continue the progress made over the years in the cycling community and improve upon safety for riders. She recently shared what she learned with the Board after attending the Virtual Bike Summit and is also an active member of the Board. First appointment July 16, 2019. Maria Castro - Position 5 Maria has lived in Kent for four years. She has commuted by bicycle out of necessity and by choice for years and uses her bike as a means of urban transportation. As a young mother she received assistance from the community and now wants to give back. She is busy in many areas of community outreach and support, including those exposed to domestic violence. She volunteers at St. Vincent DePaul, has served on boards for domestic violence and vocational institutes. Maria follows City Council meetings, had coffee with the Chief, and took the Kent 101 class. Maria is committed to serving the City of Kent. Erik Jacobs - Position 7 Erik is a life-long bike rider and long-time resident of the South Sound. Except for a Packet Pg. 33 8.E brief stint out-of-state Erik has lived and worked in the Kent and South Sound area since the 1990's and commuted by bike, even building his own self-made a -bike in 2007 before it was popular. Erik would like to see more routes connecting each of Kent's neighborhoods to the valley and is excited to help however he can. He is a strong and fearless rider who also rides the many trails around the City. Erik currently volunteers at his church, and would like to expand his service to Kent by serving on the KBAB. Daren Osborn - Position 9 Daren is a retired Boeing engineer that has served on the board for one and a half years. Daren is eager to continue his involvement on the Board to make up for the lost time due to Covid and make Kent a fun and safe place to ride. He is a strong and fearless rider, likes being involved in his community, and would like to see better bike access to public transit. First appointment July 16, 2019. Stephanie Habu - Position 10 Stephanie has lived in the Seattle area all her life with the last few years here in Kent. She believes that a city's planning with respect to safe walkways and cycling routes plays a big part in the livability and the health of its citizens. She loves the bike lanes she sees in Seattle, Bellevue, and Redmond, and would like to see more here in Kent to improve the quality of life for area families. Stephanie loves to ride the trails in and around the City and she even completed her first century ride recently. She is an enthused and confident cyclist that's eager to contribute to her City any way she can. Joe Cimaomo - Position it Joe Cimaomo resides in Auburn and is an avid cyclist with most of his rides beginning and ending in Kent. Joe would like to serve on the Kent Bicycle Advisory Board and participate in making Kent a bike friendly city and improve safety. Joe has served on the boards of three HOA's, Kiwanis Club and other professional groups. He has been an active member of the Kent Police Department's Volunteers in Police Service for over 17 years as a trainer and coordinator of programs (over 3,000 hours of service). First appointed on September 17, 2019. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 34 8.F KENT WASH IN G T O N DATE: April 20, 2021 TO: Kent City Council SUBJECT: Appointment to Human Services Commission - Confirm MOTION: Confirm appointment of Kelly Guy to the Kent Human Services Commission for a three-year term that will end 12/31/2023. SUMMARY: Kelly Guy is a resident of Kent and experienced provider. Being a resident and provider here in Kent, she encounters people in need of daily services. Kelly has a strong desire and commitment to making a difference in the community by making better connections to local groups and individuals serving our community and believes sharing knowledge, resources and passions can only serve Kent well. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 35 8.G 440 KENT o f ,. V 3 I G N DATE: April 20, 2021 TO: Kent City Council SUBJECT: Consultant Services Agreement with EMG Inc, dba MENG Analysis for Facilities Condition Assessment and Master Plan - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with EMG Inc, dba MENG Analysis for FCA & Master Plan contract, in the amount not to exceed $223,116.30, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This Consultant Services Agreement is for the scope and fees proposed for a Facilities Condition Assessment & Master Plan. Services include but are not limited to all meetings, project management and coordination needed to complete the Facility Condition Assessment. Also included but not limited to are all financial reviews and analysis needed to establish a 20 year financial forecast model, operational work plans and the compilation of a unified master plan. BUDGET IMPACT: Establish expenditure budget in the Facilities Operating Fund funded by Facilities Fund Ending Fund Balance. 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. Consultant Services Agreement (PDF) 04/13/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS Packet Pg. 36 8.G RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM Packet Pg. 37 8.G.a KEN T W A S H I N G T O n CONSULTANT SERVICES AGREEMENT between the City of Kent and EGM Inc, dba MENG Analysis THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and EGM Inc, dba MENG Analysis organized under the laws of the State of Washington, located and doing business at 2001 Western Avenue, Suite 200 Seattle, WA 98121-2114 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Scope and Fees Proposal for FCA and Master Plan, which is attached and incorporated as Exhibit A. This includes meetings, project management and coordination, facility condition assestment, financial review and analysis which includes establishing financial models-20- year financial forecast, operational work planning, and compilation of unified master plan. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by December 31, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $223,116.30 for the services described in this Agreement. This is the maximum amount to N be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate E charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) ;v for a period of one (1) year from the effective date of this Agreement. The Consultant's billing a rates shall be as delineated in Exhibit A. y m B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide N r payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that 5 portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. U C. Card Payment Program. The Consultant may elect to participate in automated credit card r payments provided for by the City and its financial institution. This Program is provided as an E alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible Q CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) Packet Pg. 38 8.G.a for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal a protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. as If any future performance is prevented or delayed by a force majeure event, the party whose r performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in c performance and, provided, that the party prevented or delayed has not caused such event to occur and v continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. m Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City � shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Q CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Packet Pg. 39 8.G.a Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's negligent performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION c PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL v INSURANCE, TITLE 51 RCW as an employer, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. i m N In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and tM reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal a on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. r IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. U) c X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable v accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. E XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and Q CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Packet Pg. 40 8.G.a become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records o Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The c City's use or reuse of any of the documents, data, and files created by the Consultant for this project by U anyone other than the Consultant on any other project shall be without liability or legal exposure to the a Consultant.' XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing_ Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. a CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) Packet Pg. 41 8.G.a G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. ti r / / d E d Q / / d V / / N N r C / / 3 N C O U K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page = to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. Q CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) Packet Pg. 42 8.G.a IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: Print Name: Its: DATE: NOTICES TO BE SENT TO: CONSULTANT: Attn: Sarah Partap EMG Inc, dba MENG Analysis 2001 Western Avenue, Suite 200 Seattle, WA 98121-21141 (206) 838-3797 (telephone) (206) 587-0588 (facsimile) [In this field, you may enter the electronic filepath where the contract has been saved] CITY OF KENT: 0 Print Name: Dana Ralph Its: Mavor DATE: NOTICES TO BE SENT TO: CITY OF KENT: Attn: Brian Levenhagen City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5116 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk r a CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) Packet Pg. 43 8.G.a DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 44 8.G.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN CONTRACTORS POLICY: SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these o regulations are familiar with the regulations and the City's equal employment opportunity U policy. N 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a� E a� L Q N d V i N N r C cC 7 N C O U a EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 45 8.G.a CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before -mentioned company was the prime contractor for the Agreement known as into on the Kent that was entered (date), between the firm I represent and the City of I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before -mentioned Agreement. CA For: Title Date: EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 46 8.G.a EXHIBIT A Brian Levenhagen City of Kent Project Manager Subject: Scope & Fee Proposal for FCA & Master Plan February 23, 2021 Dear Brian, Per our conversation this morning, here is our updated fee proposal. This version includes the corrections to task 5 (previously called task 6) and task 2, and eliminates the ADA transition plan from this scope of work. We propose the following tasks and subtasks for each piece of project scope. Task 1. Meetings, Project Management, & Coordination 1.1 Initial Meeting/ Project Kickoff (including prep) 1.2 Create Project Plan, Schedule, & Security Clearance 1.3 Engagement/Understanding Meeting with City Stakeholders 1.4 Weekly Update Meetings to City (assume 26) Total Fee $15,630 Task 2. Facility Condition Assessment 2.1 Facility Condition Questionnaires & Interviews 2.2 Organize and Review Energy Use Data (Power, Gas, Water) 2.3 Confirm Facility Inventory and Naming 2.4 Set up Database Cost Models & Custom Deficiency Categories 2.5 Onsite Pilot Field Assessment 2.6 Condition & Inventory Documentation 2.7 Draft Condition Report 2.8 Discussion with City/ Edits 2.9 Condition Assessment 2.10 Onsite Field Assessment 2.11 Documentation of Conditions 2.12 Data Consolidation & QC 2.13 Deficiency Cost estimates, predictive cost models, & facility replacement values 2.14 Draft Condition Assessment Report 2.15 Meeting to Discuss Report 2.16 Edits & Final Condition Assessment Report 2.17 Presentation of Findings Mileage cost estimate: $903 (not broken into priorities) Packet Pg. 47 EXHIBIT A(Continu Total Fee $108,658 - breakouts by priority below • Priority 1 = 83% or about $91,927 • Priority 2 = 1 1 % or about $12,183 • Priority 3 = 4% or about $4,430 • Priority 4 = 2% or about $2,215 • Mileage = $903 Task 3. Financial Review & Analysis 3.1 Facilities Maintenance Fund Evaluation • Prepare for and meet with City staff to review and understand FF • Evaluate City's existing FF financial models, funding sources, and financial policies • Determine City's goals, objectives and what they would like to see changed 3.2 Research/survey funding sources • Research available and alternative sources of funding • Identify source, availability, and funding rules/regulations/limitations • Document sources of funding, including assessment of probability and administrative/policy considerations of each source • Prepare for and meet with City staff to review alternative and preferred funding sources 3.3 Establish financial models - 20-year financial forecast • Develop financial models with multi -level modeling capabilities for each facility based upon City preferences/direction • Incorporate FCA deficiencies • Develop long-term facility renewal/replacement rates and reserve strategies • Prepare facility specific and citywide financial dashboards to facilitate decision making and comparison of alternatives 3.4 Facilitate financial workshop with City staff • Prepare for and meet with City staff to review financial models and strategies • Determine preferred scenarios and alternatives • Prepare for and meet with City staff to review final financial models, revise models as needed o N • Finalize financial models and preferred funding strategies Total Fee $47,320 Task 4. Operational Work Planning 4.1 Field spot check and update major equipment (boilers, chillers, large pumps, water heaters, air handling units, generators, etc.) $2,050 4.2 Update facility maintenance standards (e.g., delete non-existent systems and add missing systems, including fire sprinkler). $2,600 4.3 Pictures of major equipment for use in CMMS. $1,425 4.4 Inventory major electrical equipment (switchgear, large transformers, large UPS/inverters, etc.). $2,050 4.5 Develop "inventory" for MEP distribution (piping, ductwork, control wiring, etc.) $1,000 Packet Pg. 48 EXHIBIT A(Contin 4.6 Develop "inventory" for general non -equipment maintenance items such as site, paving, structures, finishes, and roofing. $2,050 4.7 Assess existing PM program including training, shops, warehouse, safety, etc. $2,600 4.8 Estimate date of original installation and score condition of major equipment. $2,600 Task S. Compilation of Unified Master Plan 5.1 Review all previous deliverables for consistency/harmonization 5.2 Stakeholder Engagement/Workshops 5.3 Draft Master Plan 5.4 Edits & Final Master Plan 5.5 Final Presentation(s) Total Fee $14,850 Contingency: The 10% contingency is added to cover unplanned additional work that may arise, or for additional financial scenarios to be analyzed if requested by the finance group. This fund would only be accessible with written approval from the City before using it. Total Contingency 20,283.30 This table summarizes the costs per task and adds a 10% contingency allowance. Task 1 $ 15,630 Task 2 $ 108,658 Task 3 $ 47,320 Task 4 $ 16,375 Task 5 $ 14,850 Subtotal $ 202,833 10% Contingency $ 20,283.30 Total $ 223,116.30 After reviewing this proposal, please call me with any questions or to discuss further. Signed, Sarah Partap Project Manager MENG Analysis 206-838-9797 Packet Pg. 49 8.H KENT WASH IN G T O N DATE: April 20, 2021 TO: Kent City Council SUBJECT: Resolution Regarding Council Bylaws, Rules and Procedures Eliminating Committee of the Whole and Establishing Various Committees, and Establishing Rules for Remote Attendance - Adopt MOTION: Adopt Resolution No. 2025, eliminating the committee of the whole, establishing various standing committees, establishing the rules relating to those standing committees, establishing rules for remote attendance at council meetings, and making other related and housekeeping changes. SUMMARY: By Resolution No. 1562, the Kent City Council established its original rules and procedures for the city council, council meetings, and meetings of council committees. From time to time, the council rules and procedures are reviewed and amended. The council rules and procedures were last amended on September 17, 2019, by Resolution No. 1994, which eliminated multiple committees and created the committee of the whole. At its retreat in 2021, the council determined that it is in the interest of the City to eliminate the committee of the whole process, and reestablish various standing committees of the council. By this resolution, the committee of the whole is eliminated, and the following standing committees of the council are created: operations and 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 will be chaired by the council president. All other committees will consist of three councilmembers and will be chaired by a councilmember selected by the council president. Meeting dates and times will be established in accordance with the resolution and the new committee process will be effective starting August 30, 2021. The resolution also establishes a process for the remote attendance of councilmembers at a limited number of council and committee meetings. It also makes a number of other related and housekeeping changes. The resolution was first considered at the March 23, 2021, committee of the whole meeting. Various changes were requested, and the matter was considered again at the April 13, 2021, committee of the whole meeting. At that meeting, the council Packet Pg. 50 8.H determined that the council president will chair the operations and public safety committee because it is a committee of the entire membership of the council. This is reflected in the final resolution presented for approval. Also, at that meeting, Councilmember Larimer noted a desired clarification regarding the timing of committee chair appointments. As a result, Section 4.3 was altered to align committee chair appointments with the selection of the council president in Section 2.1 of the rules. Changes over the existing council rules are reflected in the exhibit that shows the tracked changes. A final version is also provided. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Council Bylaws - Resolution Eliminating COW - Final Draft Following 041321 COW (PDF) 2. Final Resolution No. 2025 - Council Bylaws - Resolution Eliminating Committee of the Whole (PDF) Packet Pg. 51 8.H.a RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 1994 and enacting a new resolution relating to the bylaws, rules and procedures for the city council, council meetings, and council committee meetings. A. By Resolution No. 1562, the Kent City Council established its original rules and procedures for the city council, council meetings, and meetings of council committees. B. From time to time, the council rules and procedures are reviewed and amended. The council rules and procedures were last amended on September 17, 2019, by Resolution No. 1994, which eliminated multiple committees and created the committee of the whole. C. This resolution updates and revises the Kent City Council rules and procedures by eliminating the committee of the whole and reverting back to individual committees. D. This matter was discussed by the council at the council workshop in 2021, and considered by the council at the committee of the whole meetings of March 23, 2021, and April 13, 2021. 1 City Council Bylaws Packet Pg. 52 8.H.a NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. - Resolution No. 1994 Repealed. Resolution No. 1994, relating to the rules and procedures for the city council, council meetings, and council committee meetings is hereby repealed in its entirety. SECTION 2. - New Rules and Procedures Adopted. New Kent City Council Bylaws, Rules and Procedures, attached as Exhibit A and incorporated by this reference, are hereby adopted, and shall govern the city council and all meetings of the city council and its committees. SECTION 3. - Savings. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 6. - Effective Date. With the exception of Section 4.3 of 2 City Council Bylaws Packet Pg. 53 8.H.a Exhibit A to this resolution which shall take effect immediately, this resolution shall take effect and be in force starting on August 30, 2021. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY 3 City Council Bylaws Packet Pg. 54 8.H.a EXHIBIT A City Council Bylaws Packet Pg. 55 8.H.a Formatted: Left: 1.19", Right: 0.99", Top: 1.03", Bottom: i KENT CITY COUNCIL BYLAWS, RULES AND PROCEDURES 1.47" Article I — PURPOSE Section 1.1 Purpose — Suspension of Rules. The following rules and procedures are hereby adopted and shall constitute the council's bylaws and shall govern the city council and all meetings of the city council and its committees unless suspended by the city council. Failure to fully conform to these rules and procedures will not render any action by the city council or any of its committees invalid nor shall these rules and procedures be deemed to provide any citizen rights that he or she does not already have by operation of law. Article II — COUNCIL PRESIDENT — MAYOR PRO TEMPORE Section 2.1 Election - Term. The city council shall elect from its members a president of the council during the month of January in the even numbered years or as soon thereafter as possible. The council president shall serve a two-year Commented [FP3]: Suggested by the city Attorney. current term. In the event the term of the council president becomes vacant prior to the rules do not speak to a council president vacancy. scheduled end of the term, a new council president shall be selected by the council who shall serve the remaining term of the vacated position. Section 2.2 Mayor Pro Tempore. The council president shall serve as mayor pro tempore and shall preside at all meetings of the council when the mayor is not present. Although presiding as mayor pro tempore, the council president shall retain all powers and rights inherent to a councilmember and to the council president, including, without limitation, voting powers. The mayor pro tempore shall act as mayor and assume the authority and perform the mayor's duties whenever there is a vacancy in the Office of the Mayor or the mayor is unable for any reason to discharge his or her duties. The assumed duties shall include, but not be limited to, acting as signatory to documents requiring execution by the 1 City Council Bylaws Packet Pg. 56 8.H.a mayor, issuing proclamations and declarations, and extending official recognition of groups and events. Section 2.3 President Pro Tempore. The council president may appoint a president pro tempore to discharge the duties of the council president when the council president is unable to discharge his or her duties. If the president pro tempore has not been appointed or is otherwise absent or unavailable, the longest serving councilmember, either by consecutive or non-consecutive terms, shall be deemed the acting president pro tempore. If two or more councilmembers qualify to be president pro tempore, then the City Clerk or her or his designee shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible councilmembers, and the councilmember whose name is selected shall fill the vacant president pro tempore position. Section 2.4 Duties and Responsibilities. The council president shall perform the following duties and responsibilities: 1. Administer the council budget, including oversight and approval of expenditures; 2. Set the council's agenda in accordance with these rules, in Commented[FP2]: This change recognizes that the Mayor has ---- coordination with the THIyelF —chief administrative lofficeli and city no personal role in establishing the agenda and delegates this clerk's office; coordination duty to the CAO. 3. Refer proposed ordinances and resolutions to council committee; 4. Call for a workshop or a meeting of the council eengmittee of whele, as needed, or request a special or emergency meeting; 5. In cooperation with the mayor, ensure adequate council facilities, equipment and support, with council consent; 6. Direct correspondence on behalf of the council as appropriate, with consent of council; 7. Act as council liaison to the mayor's office on policy issue consideration, including elements of timing; 2 City Council Bylaws Packet Pg. 57 8.H.a 8. Appoint the membership of ad hoc committees or boards and the ad hoc committee or board ehaiFpersens chairsin .,.,.,._a nee with this- 9. Substitute for an absent councilmember or designate another councilmember to substitute on any of the council's committees or boards; 10. Coordinate and schedule annual retreats or other meetings for review and update of council visions and goals for the city or to address other council matters; 11. Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the council's views, or in the alternative, designate other councilmembers to represent the city and the council on specific regional issues or meetings; 12. Serve as a council focal point for council, mayor, and staff; and 13. Discern councilmembers' areas of interest and/or expertise. Article III — COUNCIL MEETINGS Section 3.1 Regular Meetinas. The council's regular meetings will occur at the time, date and place established in Chapter 2.01 of the Kent City Code. Section 3.2 Special and Emeraencv Meetings. Special meetings shall be held as provided by law. If, by reason of fire, flood, earthquake or other emergency there is a need for expedited action of the council to meet the needs imposed by the emergency, the mayor or council president may provide for a meeting site other than the regular meeting site and the meeting notice requirements established by law or in this resolution may be suspended. Section 3.3 Presiding Officer at Meetings. The mayor shall be the presiding officer for all meetings of the council. If the mayor is not present, the council president shall be the presiding officer. In the absence of the mayor and council president, the president pro tempore shall be the presiding officer. 3 City Council Bylaws Packet Pg. 58 8.H.a Section 3.4 Forfeiture of Office. Pursuant to RCW 35A.12.060, a councilmember's position shall become vacant if he or she fails to attend three consecutive regular meetings of the council without being excused by the council. Section 3.5 Ouorum. At all meetings of the council, a majority of the full council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. Commented[FP3]: This new section, which allows for the ISectionl 3.6 Remote Attendance of Councilmembers — Remote Meetings. remote attendance of councilmembers, replaces a former section (below) that dealt only with remote attendance at emergency Subject to the below requirements, a councilmember may attend a council meetings. This section appears here and in the sections for committees and workshops. r meetlna remotelv. A councilmember's remote attendance is permitted for the benefit of conducting City of Kent business and not for the personal benefit of a councilmember. 1. Remote Attendance at Regular and Special Meetings. A. Councilmembers may attend remotely a maximum of three council meetings per calendar year; provided, the council may by majority vote allow a councilmember to attend additional meetings remotely in excess of three per year due to medical or other factors beyond the control of the councilmember. B. Councilmembers who wish to attend a meeting remotely shall notify the council president and the city clerk at least three business days in advance of their intent to attend remotely. C. A councilmember's remote attendance shall be verbally noted on the record during the council meeting and in the official minutes of the council meeting. D. No more than two councilmembers may remotely attend the same council meeting; provided a councilmember not attending due to medical issues will not count as one of the two councilmembers City Council Bylaws Packet Pg. 59 8.H.a described in this section. The availability of attending a particular council meeting remotely shall be on a first come first served basis. E. A councilmember attending remotely shall have all of the official council materials available during the meeting, shall be able to view the council meeting by video in real time, shall be able to be viewed by others during the meeting in real time, and shall be able to communicate with the public and other councilmembers during the meeting as if physically in attendance at the meeting. A councilmember who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. F. It shall be the responsibility of the remotely -attending councilmember to ensure compliance with this section. -If during the meeting, the requirements of this section are not met or are terminated due to technical reasons, or the councilmember fails to attend the meeting remotely, the councilmember will be deemed to have not attended the meeting. 2. Remote Meetings and Attendance During Declared Emergencies. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in -person meeting cannot be held with reasonable safety due to the emergency, the council may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of the public at a meeting. A meeting held in accordance with this subsection shall comply with the Open Public Meetings Act as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. City Council Bylaws Packet Pg. 60 8.H.a Commented [FP4]: This section was removed and replaced -.- —!in! the cvcrrt a couir"cmTrcrirocrWill --net -oe prrysrcarryr-pTc3ciit at an with the above. emergency Fneetmigg ef the eebineil, the eeuigem' president may permit previde input and vete en matters as if he er she was in attendance. Section 3.7 Maiority Vote. Action by the city council requires the affirmative vote of a majority of members attending a meeting, except where otherwise required by law. Section 3.8 Executive Sessions. The city council may hold executive sessions during a regular or special meeting to consider matters as permitted pursuant to applicable law. No official action shall be taken during any executive session. No member of the city council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion which took place during the executive session, unless a majority of the council authorizes that disclosure. Executive sessions, to the extent permitted by law, shall be limited to members of the city council, the mayor and staff, and other persons that the city council invites. Section 3.9 Agendas. Only items that have been previously considered by council committee shall be put on the agenda for a council meeting, unless approved by the council presidentor president pre te ffpefeor a majority of the 6 City Council Bylaws Packet Pg. 61 8.H.a Commented [FPS]: The ability of two councllmemberstoadd council. IUnlessf altered by the council president or by a majority of the something to the agenda only applied to COW in the past and will now apply to the individual committees in the future per Section councilmembers present, the order of business of all regular -_meetings of the 4.5. council shall be as follows: 1. Call to Order/Flag Salute 2. Roll Call 3. Agenda Approval 4. Public Communications 5. Reports from Council and Staff 6. Public Hearings 7. Public Comments 8. Consent Calendar 9. Other Business 10. Bids 11. Executive Session and Action After Executive Session 12. Adjournment Section 3.10 Public Comments. No person shall address the council without the permission of the presiding officer. Except as otherwise permitted by the presiding officer, the "public hearing" and "public comment" agenda items are reserved for members of the public to make a statement. When addressing the council, each person shall proceed to the speaker's podium unless otherwise directed by the presiding officer, and state his or her name and city of residence for the record; provided, the presiding officer may waive the requirement that the person's city of residence be provided in individual cases. If comment is offered under the public comment period, the speaker will also state the subject of his or her comment. Remarks will be limited to the time allocated by the presiding officer for each speaker. All remarks shall be pertinent to the stated subject matter and shall be addressed to the presiding officer and the council as a whole and not to any member individually. The public comment period is intended to allow persons to speak on issues of concern to that person that relate to the business of the city, but it is not an open public forum, and is subject to restrictions imposed in this resolution, by law, or by the city council. {Generally, questions shall of a councilmember or membeF of the -city staff member will be answered outside of the meeting unless witheut permission to answer the question is provided 7 City Council Bylaws Packet Pg. 62 8.H.a Commented [FP6]: Changed to acknowledge that Council �ef-the presiding officer. cannot control whether a person will ask a question, but can control whether and how the Council will answer. Commented [FP7]: The next two paragraphs are intended to the council may accept written comments or testimony in lieu of addressing the address ESHB 1329 Section 6, which as of March 11, 2021, is currently pending before the Legislature. council in -person during a public hearing or public comment. Written comments or testimony will be distributed to each councilmember, but will not be read into the record at the meeting. In order to be admitted into the record, written comments or testimony shall be submitted no less than three hours prior to the start of the meeting for which they are intended, unless a person appears in - person, in which case, they may be admitted into the record at the meeting_ Upon the request of an individual who, by reason of disability, limited mobility, or other reason that makes physical attendance at the meeting difficult, the council will permit a person to provide oral comment or testimony remotely during a public hearing or public comment at a regular council meeting. The remote attendance may be by phone, internet. or other means as determined by the citv clerk. Section 3.11 Public Demeanor. No one shall use any impertinent, degrading or slanderous language directed to the presiding officer, councilmembers, mayor, staff or other member of the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior includes, for example, addressing matters restricted from public comment, repeated shouting and angry outbursts, cursing, or direct or implied threats of violence-,-ete. After receiving verbal notice from the presiding officer to cease engaging in the above described behaviors, and in the event the person does not stop, the presiding officer may �'ir�hat a Commented[FPS]: These changes are intended to be more beh-avieForder the person removed from the meeting]. Pursuant to RCW consistent with state law and case law. 42.30.050, in the event a meeting is interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of the individuals who are interrupting the meeting, the council may, by majority vote, order the meeting room cleared and continue in 8 City Council Bylaws Packet Pg. 63 8.H.a session or may adjourn the meeting and reconvene at another location selected by majority vote of the council. If the meeting room is cleared, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Section 3.12 Added Aaenda Items. At a regular meeting, a member of the council or the mayor may ask that an item be considered by the city council, even if it is not identified on the formal agenda, by raising the issue when agenda approval is being considered. That item shall then be considered with the approval of the council. No items may be added to the agenda of a special meeting after notice of the special meeting is issued. Section 3.13 Mayor Participation. The mayor may address the council on any matter or participate in the debate of any question, provided the mayor shall first call upon the council president or any other councilmember designated by the council president to take the chair during the mayor's participation. Section 3.14 Councilmember Conduct. While the council is in session, whether at a council or council committee meeting, all its members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the presiding officer. The members of the city council may, by a vote of a majority plus one of the membership of the council in attendance at the meeting, reprimand another a councilmember for disorderly conduct and, Commented [FP9]: The legality of this provision is questionable p{us efie eftheffiernbei°shi�pe€the celaneilin attendatTee at thati=rteetiFrgil. and thus is removed. Councilmembers have some level of constitutional rights, as well as statutory rights and duties as elected officials. Section 3.15 Voting. Discussion by council members shall relate to the subject 9 City Council Bylaws Packet Pg. 64 8.H.a matter at hand and shall be relevant and pertinent. Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the council, shall cast his or her vote upon any matter put to vote by the legislative body. Any councilmember who abstains from voting shall be deemed to have not voted on that item. At the request of the presiding officer or of any member, any question shall be noted upon by a roll call and the individual voting results shall be recorded by the city clerk in the minutes. Section 3.16 Summoned to Meetings. Every city official or employee who shall fail to report to the council at times and in a manner requested by the council, shall be summoned in accordance with the direction of the council. Section 3.17 Ordinances, Resolutions and Contracts — Presentation. Unless otherwise approved by the council president, no ordinance, resolution, contract document or other matter shall be presented to the council unless ordered by a majority of the council, referred by a council committee, requested by the mayor, or submitted by the city attorney. Whenever practical, ordinances, resolutions, contract documents and other matters shall be approved as to form by the city attorney and shall be examined and approved by the department head or his or her duly authorized representative having jurisdiction over the subject matter of the ordinance, resolution, contract document, or other matter. Matters approved by the council at a regular or special meeting of the council shall be deemed ratified notwithstanding a failure to comply with this section. Section 3.18 Parliamentary Rules. The city attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the councilmembers present. Robert's Rules of Order shall govern the deliberations of the council except when in conflict with any provision of these rules. A council vote or other 10 City Council Bylaws Packet Pg. 65 8.H.a action taken which is not in compliance with Robert's Rules of Order or ether these procedures and to which no objection is taken shall be deemed action taken following a suspension of the parliamentary rules and these rules even if no formal suspension of the rules occurs first. Section 3.19 Suspending the Rules. When the suspension of the rules is requested, and no objection is offered, the presiding officer shall announce that the rules are suspended, and the council may proceed accordingly. When there is an objection to suspending the rules, a vote of majority plus one of the members present shall be required to suspend the rules. Section 3.20 Supporting or Opposing a Ballot Measure or Person for Election to Public Office. Except as permitted by law, council meetings shall not be used for the purpose of supporting or opposing a ballot measure or supporting or opposing the election of any person to public office. ArticleRTIC-L-€ IV — COUNCIL COMMITTEES Section 4.1 Committees Established. The council establishes the following four standing committees to address matters within the authority of the council. In the event a matter falls under the authority of more than one committee, the Commented [Ill This last sentence is new. For example, a council president will determine which committee will consider the smatter. new technology in Public Works could theoretically be handled by the Public Works Committee or the Operations and Public Safety Committee. It will be up to the Council President to decide. 1. Operations and Public Safety Committee. The operations and public safety committee, which will be made up of all councilmembers, will regularly meet two times per month. This committee will consider matters related to the general fiscal and financial conditions and operations of a city-wide nature, personnel, public safety., communication, technology, equity and other matters not within the jurisdiction of another committee. -The council president shall serve 11 City Council Bylaws Packet Pg. 66 8.H.a as the chair of this committee. 2. Economic and Community Development Committee. The economic and community development committee, which shall be made up of three councilmembers, will regularly meet one time per month. This committee will consider matters related to land use and planning economic development, construction regulations, growth management, and other related matters. 3. Parks and Human Services Committee. The parks and human services committee, which shall be made up of three councilmembers, will regularly meet one time per month. This committee will consider matters related to parks and recreation, city facilities, human services, and other related matters. 4. Public Works Committee. The public works committee, which shall be made up of three councilmembers, will regularly meet two times per month. This committee will consider matters related to planning design, construction, improvement, extension, maintenance and operation of transportation and street systems, transit, water systems, sewer systems, storm water systems, solid waste and other utilities, as well as franchises and other related matters. Section 4.2 Matters Heard in Committee Before Council — Exceptions. All matters for council consideration shall first be considered by the appropriate council committee; provided, in special, exceptional or emergency circumstances, a matter may be considered by another committee, or with approval of the council president, at a council meeting without first going to a committee and in such Commented [FPll]: This isconsistent with prior practice. case will appear on the other business agenda item of the council meetind. upon agreement by the council, a matter that is presented at a workshop need not go Commented [FP32]: This isintended tocreate efficiency. to committee prior to being heard by the full Icouncill. A council committee shall 12 City Council Bylaws Packet Pg. 67 8.H.a consider all matters referred to it whether within or outside of a specific committee's authority. Section 4.3 Committee Appointments - Removal. With the exception of the Operations and Public Safety Committee, the council president shall, within eight weeks of the passage of this resolution, and thereafter following appointment as council president in January of even number years in accordance with Section R-gr Commented [FP13]: This was clarified as a result of 2.1, appoint committee members and committee chairs to each committee for Councilmember La rimer's comments on April 13. approximately two-year terms. The council president shall have the right to remove committee members and committee chairs and to reappoint new Commented [FP14]: This council president authority is a councilmembers to fill those positionsI. -The council president may appoint to a carryover from the previous resolution. committee a new councilmember who is appointed or elected to fill a vacant Commented [FP15]: This sentence is new and addresses the council 1position�. potential of a councilmember leaving mid-term. Section 4.4 Times and Locations for Committee Meetings. The times and locations for the first meeting of each committee shall be established at a meeting of the council. Thereafter, the times and locations for regular meetings of the committee shall be established by the committee chair in consultation with Commented [FP16]: This is new. Setting the days and times of committee_ members and assigned Istaf during a committee meeting. Committee meetings should be done in an open meeting to ensure compliance with theoPMA. meeting dates, times, and locations shall be posted on the City's website. Meetings of the committees may be cancelled, or special meetings scheduled, by the committee chair and in accordance with notice requirements. Section 4.5 Committee Agendas. In consultation with city staff, committee agendas shall be established at the direction of or by approval of the committee chair;` provided, two or more council members or the council president may place items on a committee agenda or refer matters to committee. Section 4.6 Council Consideration After Committee. Matters considered by a committee and unanimously approved for council consideration by the 13 City Council Bylaws O O W N O U N M O IM C 3 O 0 U. r L C U- �i! M c M c E w c 0 0 0 N .r Q Packet Pg. 68 8.H.a committee members in attendance at the meeting shall be placed on the council meeting consent calendar unless otherwise directed by a majority of the members of the committee in attendance at the meeting. Matters approved by less than all committee members in attendance at the meeting shall be placed on other business at the council meeting unless the committee members in attendance direct the matter be placed on the consent calendar. In the event a matter is not advanced by a committee to the full council for consideration, the council may Commented [FP17]: This last sentence was not addressed in vote at a council meeting to consider the lmatter. prior council committee resolutions. It means that a committee decision to terminate consideration of an issue may be overruled by the council. Section 4.7 Quorum. No committee shall act in the absence of a quorum. At the request of the committee chair or the council president, any other councilmember may sit on any committee when necessary to establish a quorum or to fill a vacancy. At any committee of three councilmembers, additional councilmembers may observe the committee meeting, but shall not be permitted to participate at the committee meeting or speak in their capacity as a Commented [FP18]: This was not included in prior committee councilmembe . rules, and is included here to ensure you avoid a quorum of the full council and compliance with the OPMA. Section 4.8 Executive Session. Executive sessions may be held at committee meetings in accordance with RCW 42.30.110. Section 4.9 Special Meetings. Special meetings of council committees may be called by the committee chair in accordance with Chapter 42.30 RCW. Commented [FP19]: This new section allows for the remote attendance of committee members consistent with remote Sectionl 4.10 Remote Attendance of Committee Members - Remote attendance at meetings. 14 City Council Bylaws 0 00 (O N v O U N M 0 c 3 0 0 LL L IO LL 0) M c E W C O 0 N O .r Q Packet Pg. 69 8.H.a Meetings. Subject to the below requirements, a committee member may attend a committee meeting remotely. A committee member's remote attendance is permitted for the benefit of conducting City of Kent business and not for the personal benefit of the committee member. 1. Remote Attendance at Regular and Special Committee Meetings. A. Committee members may attend remotely a maximum of three committee meetings per calendar year; provided, the committee may by majority vote allow a committee member to attend additional meetings remotely in excess of three per year due to medical or other factors beyond the control of the committee member. B. Committee members who wish to attend a meeting remotely shall notify the committee chair and the city clerk at least three business days in advance of their intent to attend remotely. C. A committee member's remote attendance shall be verbally noted on the record during the meeting and in the official minutes of the meetina. D. No more than two councilmembers may remotely attend Operations and Public Safety Committee meetings; provided a councilmember not attending the Operations and Public Safety Committee meeting due to medical issues will not count as one of the two councilmembers described in this section. No more than one Commented [FP2o]:Only allowing one member toattend a committee member may remotely attend other committee Imeetinas. three -person committee remotely guarantees a quorum of the committee present in -person. E. In the event the committee chair will attend a committee meeting remotely, the committee chair shall designate a committee member who will attend the meeting in -person to serve as committee chair for that meeting. F. A committee member attending remotely shall have all of the official committee materials available during the meeting, shall be 15 City Council Bylaws Packet Pg. 70 8.H.a able to view the committee meeting by video in real time, shall be able to be viewed by others during the meeting in real time, and shall be able to communicate with the public and other committee members during the meeting as if physically in attendance at the meeting. A committee member who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. G. It shall be the responsibility of the remotely -attending committee member to ensure compliance with this section. -If during the meeting, the requirements of this section are not met or are terminated due to technical reasons, or the committee member fails to attend the meeting remotely, the committee member will be deemed to have not attended the meeting. 2. Remote Meetings and Attendance During Declared Emergencies. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in -person meeting cannot be held with reasonable safety due to the emergency, a committee may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of the public at a meeting. A meeting held in accordance with this subsection shall comply with the Open Public Meetings Act as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. Section 4.11 Other Rules Applicable. Sections 3.118 Public Demeanor, 3.143 Councilmember Conduct, 3.187 Parliamentary Rules, 3.198 Suspending the Rules, and 3.2039 Supporting or Opposing Ballot Measure or Person for Election to Public Office shall apply to council workshops. 16 City Council Bylaws Packet Pg. 71 8.H.a ARTICLE E Article V*V - GOUNGI COMMITTEE OF TIJL \l onG L AND COUNCIL WORKSHOPS Formatted: Right: 0.07", Tab stops: 5.8°, Left + Not at -Section 54.1-2 Council Workshops - Purpose - Agenda - Time for 4.82" Meetings. Council workshop meetings constitute regular meetings of a committee of the council, the membership of which shall consist of the full membership of the council; provided, the mayor shall be permitted to attend and participate in workshops. Workshops are held to consider pending local and regional issues, and receive information from staff and regional partners on issues that impact the city. The council president, in consultation with the chief 17 City Council Bylaws Packet Pg. 72 8.H.a administrative officer, shall refer matters to and set the agenda of the workshops; provided, the council or two or more councilmembers shall be permitted to refer a matter to the workshops. The council will hold workshops at 5 pm on each regular council meeting day, except when a regular or special council meeting occurs at or before 5:30 pm. Section 5_243 Quorum. At all council workshops, a majority of the full council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. Section 5_34.4 Chair — Presiding Officer. The council president shall serve as the chair and presiding officer of the eemmittee E)P the where andcouncil workshops. Section 5_44 5 Executive Session. Executive sessions may be held at council workshop in accordance with RCW 42.30.110. Section 5_54.6 Special Meetings. Special meetings of the ee~ fflittee E)F the where aaacouncil workshops may be called by the council president in accordance with Chapter 42.30 RCW. In addition, a ercouncil workshop may be converted to a special meeting of the full council at which final action may be taken subject to the special meeting requirements of Chapter 42.30 RCW, and in such ease, the speeial meeting ef the full ceuneil Section 5.6 Remote Attendance of Councilmembers — Remote Meetings. Subject to the below requirements, a councilmember may attend a council workshop remotely. A councilmember's remote attendance is permitted for the 18 City Council Bylaws Packet Pg. 73 8.H.a benefit of conducting City of Kent business and not for the personal benefit of a councilmember. 1. Remote Attendance at Regular and Special Workshop Meetings. A. Councilmembers may attend remotely a maximum of three council workshops per calendar year; provided, the council may by majority vote allow a councilmember to attend additional meetings remotely in excess of three per year due to medical or other factors beyond the control of the councilmember. B. Councilmembers who wish to attend a meeting remotely shall notify the council president and the city clerk at least three business days in advance of their intent to attend remotely. C. A councilmember's remote attendance shall be verbally noted on the record during the council workshop and in the official minutes of the council workshop. D. No more than two councilmembers may remotely attend the same council workshop; provided a councilmember not attending due to medical issues will not count as one of the two councilmembers described in this section. The availability of attending a particular council workshop remotely shall be on a first come first served basis. E. A councilmember attending remotely shall have all of the official council materials available during the meeting, shall be able to view the council meeting by video in real time, shall be able to be viewed by others during the meeting in real time, and shall be able to communicate with the public and other councilmembers during the meeting as if phvsically in attendance at the meeting. —A councilmember who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. 19 City Council Bylaws Packet Pg. 74 8.H.a F. It shall be the responsibility of the remotely -attending councilmember to ensure compliance with this section. -If during the meeting, the requirements of this section are not met or are terminated due to technical reasons, or the councilmember fails to attend the meeting remotely, the councilmember will be deemed to have not attended the meeting. 2. Remote Meetings and Attendance During Declared Emergencies. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in -person meeting cannot be held with reasonable safety due to the emergency, the council may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of the public at a meeting. A meeting held in accordance with this subsection shall comply with the Open Public Meetings Act as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. Section 5_74-7 Other Rules Anolicable. Sections 3.110 Public Demeanor, 3.148 Councilmember Conduct, 3.18-7 Parliamentary Rules, 3.198 Suspending the Rules, and 3.39-20 Supporting or Opposing Ballot Measure or Person for Election to Public Office shall apply to meetings ef the cemmittee ef the whele andcouncil workshops. 20 City Council Bylaws Packet Pg. 75 8.H.a department, beard, be deemed designated a shall and as a reference te the eeune:l 21 City Council Bylaws Packet Pg. 76 8.H.b RESOLUTION NO. 2025 A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 1994 and enacting a new resolution relating to the bylaws, rules and procedures for the city council, council meetings, and council committee meetings. RECITALS A. By Resolution No. 1562, the Kent City Council established its original rules and procedures for the city council, council meetings, and meetings of council committees. B. From time to time, the council rules and procedures are reviewed and amended. The council rules and procedures were last amended on September 17, 2019, by Resolution No. 1994, which eliminated multiple committees and created the committee of the whole. C. This resolution updates and revises the Kent City Council rules and procedures by eliminating the committee of the whole and reverting back to individual committees. D. This matter was discussed by the council at the council workshop in 2021, and considered by the council at the committee of the whole meetings of March 23, 2021, and April 13, 2021. U c 0 U c :a L NN� 0 r 0 0 00 to N 1 City Council Bylaws Packet Pg. 77 8.H.b NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Resolution No. 1994 Repealed. Resolution No. 1994, relating to the rules and procedures for the city council, council meetings, and council committee meetings is hereby repealed in its entirety. SECTION 2. - New Rules and Procedures Adopted. New Kent City Council Bylaws, Rules and Procedures, attached as Exhibit A and incorporated by this reference, are hereby adopted, and shall govern the city council and all meetings of the city council and its committees. SECTION 3. - Savings. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. 2 City Council Bylaws Packet Pg. 78 8.H.b SECTION 0i. - Effective Date. With the exception of Section 4.3 of Exhibit A to this resolution which shall take effect immediately, this resolution shall take effect and be in force starting on August 30, 2021. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY April 20, 2021 Date Approved April 20, 2021 Date Adopted 3 City Council Bylaws Packet Pg. 79 8.H.b EXHIBIT A City Council Bylaws Packet Pg. 80 8.H.b KENT CITY COUNCIL BYLAWS, RULES AND PROCEDURES Article I — PURPOSE Section 1.1 Purpose — Suspension of Rules. The following rules and procedures are hereby adopted and shall constitute the council's bylaws and shall govern the city council and all meetings of the city council and its committees unless suspended by the city council. Failure to fully conform to these rules and procedures will not render any action by the city council or any of its committees invalid nor shall these rules and procedures be deemed to provide any citizen rights that he or she does not already have by operation of law. Article II — COUNCIL PRESIDENT — MAYOR PRO TEMPORE Section 2.1 Election - Term. The city council shall elect from its members a president of the council during the month of January in the even numbered years or as soon thereafter as possible. The council president shall serve a two-year term. In the event the term of the council president becomes vacant prior to the scheduled end of the term, a new council president shall be selected by the council who shall serve the remaining term of the vacated position. Section 2.2 Mayor Pro Tempore. The council president shall serve as mayor pro tempore and shall preside at all meetings of the council when the mayor is not present. Although presiding as mayor pro tempore, the council president shall retain all powers and rights inherent to a councilmember and to the council president, including, without limitation, voting powers. The mayor pro tempore shall act as mayor and assume the authority and perform the mayor's duties whenever there is a vacancy in the Office of the Mayor or the mayor is unable for any reason to discharge his or her duties. The assumed duties shall include, but not be limited to, acting as signatory to documents requiring execution by the mayor, issuing proclamations and declarations, and extending official recognition of groups and events. 1 City Council Bylaws Packet Pg. 81 8.H.b Section 2.3 President Pro Tempore. The council president may appoint a president pro tempore to discharge the duties of the council president when the council president is unable to discharge his or her duties. If the president pro tempore has not been appointed or is otherwise absent or unavailable, the longest serving councilmember, either by consecutive or non-consecutive terms, shall be deemed the acting president pro tempore. If two or more councilmembers qualify to be president pro tempore, then the City Clerk or her or his designee shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible councilmembers, and the councilmember whose name is selected shall fill the vacant president pro tempore position. Section 2.4 Duties and Responsibilities. The council president shall perform the following duties and responsibilities: 1. Administer the council budget, including oversight and approval of expenditures; 2. Set the council's agenda in accordance with these rules, in coordination with the chief administrative officer and city clerk's office; 3. Refer proposed ordinances and resolutions to council committee; 4. Call for a workshop or a meeting of the council as needed, or request a special or emergency meeting; 5. In cooperation with the mayor, ensure adequate council facilities, equipment and support, with council consent; 6. Direct correspondence on behalf of the council as appropriate, with consent of council; 7. Act as council liaison to the mayor's office on policy issue consideration, including elements of timing; 8. Appoint the membership of ad hoc committees or boards and the ad hoc committee or board chairs; 9. Substitute for an absent councilmember or designate another 2 City Council Bylaws Packet Pg. 82 8.H.b councilmember to substitute on any of the council's committees or boards; 10. Coordinate and schedule annual retreats or other meetings for review and update of council visions and goals for the city or to address other council matters; 11. Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the council's views, or in the alternative, designate other councilmembers to represent the city and the council on specific regional issues or meetings; 12. Serve as a council focal point for council, mayor, and staff; and 13. Discern councilmembers' areas of interest and/or expertise. Article III — COUNCIL MEETINGS Section 3.1 Regular Meetings. The council's regular meetings will occur at the time, date and place established in Chapter 2.01 of the Kent City Code. Section 3.2 Suecial and Emergency Meetings. Special meetings shall be held as provided by law. If, by reason of fire, flood, earthquake or other emergency there is a need for expedited action of the council to meet the needs imposed by the emergency, the mayor or council president may provide for a meeting site other than the regular meeting site and the meeting notice requirements established by law or in this resolution may be suspended. Section 3.3 Presiding Officer at Meetings. The mayor shall be the presiding officer for all meetings of the council. If the mayor is not present, the council president shall be the presiding officer. In the absence of the mayor and council president, the president pro tempore shall be the presiding officer. 3 City Council Bylaws Packet Pg. 83 8.H.b Section 3.4 Forfeiture of Office. Pursuant to RCW 35A.12.060, a councilmember's position shall become vacant if he or she fails to attend three consecutive regular meetings of the council without being excused by the council. Section 3.5 Quorum. At all meetings of the council, a majority of the full council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. Section 3.6 Remote Attendance of Councilmembers — Remote Meetings. Subject to the below requirements, a councilmember may attend a council meeting remotely. A councilmember's remote attendance is permitted for the benefit of conducting City of Kent business and not for the personal benefit of a councilmember. 1. Remote Attendance at Regular and Special Meetings. A. Councilmembers may attend remotely a maximum of three council meetings per calendar year; provided, the council may by majority vote allow a councilmember to attend additional meetings remotely in excess of three per year due to medical or other factors beyond the control of the councilmember. B. Councilmembers who wish to attend a meeting remotely shall notify the council president and the city clerk at least three business days in advance of their intent to attend remotely. C. A councilmember's remote attendance shall be verbally noted on the record during the council meeting and in the official minutes of the council meeting. D. No more than two councilmembers may remotely attend the same council meeting; provided a councilmember not attending due to medical issues will not count as one of the two councilmembers described in this section. The availability of attending a particular 4 City Council Bylaws Packet Pg. 84 8.H.b U c council meeting remotely shall be on a first come first served basis. o U E. A councilmember attending remotely shall have all of the official council materials available during the meeting, shall be able a� to view the council meeting by video in real time, shall be able to be W viewed by others during the meeting in real time, and shall be able to communicate with the public and other councilmembers during 0 the meeting as if physically in attendance at the meeting. A W 0 councilmember who only observes the meeting remotely without o N complying with the above requirements will not be deemed in 0 attendance. F. It shall be the responsibility of the remotely -attending 4- councilmember to ensure compliance with this section. If during the 0 a� a� meeting, the requirements of this section are not met or are E terminated due to technical reasons, or the councilmember fails to E 0 U attend the meeting remotely, the councilmember will be deemed to have not attended the meeting. 2. Remote Meetinas and Attendance Durina Declared Emeraencies. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in -person meeting cannot be held with reasonable safety due to the emergency, the council may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of the public at a meeting. A meeting held in accordance with this subsection shall comply with the Open Public Meetings Act as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. 5 City Council Bylaws Packet Pg. 85 8.H.b Section 3.7 Majority Vote. Action by the city council requires the affirmative vote of a majority of members attending a meeting, except where otherwise required by law. Section 3.8 Executive Sessions. The city council may hold executive sessions during a regular or special meeting to consider matters as permitted pursuant to applicable law. No official action shall be taken during an executive session. No member of the city council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion which took place during the executive session, unless a majority of the council authorizes that disclosure. Executive sessions, to the extent permitted by law, shall be limited to members of the city council, the mayor and staff, and other persons that the city council invites. Section 3.9 Agendas. Only items that have been previously considered by council committee shall be put on the agenda for a council meeting, unless approved by the council president or a majority of the council. Unless altered by the council president or by a majority of the councilmembers present, the order of business of all regular meetings of the council shall be as follows: 1. Call to Order/Flag Salute 2. Roll Call 3. Agenda Approval 4. Public Communications 5. Reports from Council and Staff 6. Public Hearings 7. Public Comments 8. Consent Calendar 9. Other Business 10. Bids 11. Executive Session and Action After Executive Session 12. Adjournment City Council Bylaws Packet Pg. 86 8.H.b Section 3.10 Public Comments. No person shall address the council without the permission of the presiding officer. Except as otherwise permitted by the presiding officer, the "public hearing" and "public comment" agenda items are reserved for members of the public to make a statement. When addressing the council, each person shall proceed to the speaker's podium unless otherwise directed by the presiding officer, and state his or her name and city of residence for the record; provided, the presiding officer may waive the requirement that the person's city of residence be provided in individual cases. If comment is offered under the public comment period, the speaker will also state the subject of his or her comment. Remarks will be limited to the time allocated by the presiding officer for each speaker. All remarks shall be pertinent to the stated subject matter and shall be addressed to the presiding officer and the council as a whole and not to any member individually. The public comment period is intended to allow persons to speak on issues of concern to that person that relate to the business of the city, but it is not an open public forum, and is subject to restrictions imposed in this resolution, by law, or by the city council. Generally, questions asked of a councilmember or city staff member will be answered outside of the meeting unless permission to answer the question is provided by the presiding officer. The council may accept written comments or testimony in lieu of addressing the council in -person during a public hearing or public comment. Written comments or testimony will be distributed to each councilmember, but will not be read into the record at the meeting. In order to be admitted into the record, written comments or testimony shall be submitted no less than three hours prior to the start of the meeting for which they are intended, unless a person appears in - person, in which case, they may be admitted into the record at the meeting. Upon the request of an individual who, by reason of disability, limited mobility, or other reason that makes physical attendance at the meeting difficult, the council will permit a person to provide oral comment or testimony remotely during a public hearing or public comment at a regular council meeting. The remote 7 City Council Bylaws Packet Pg. 87 8.H.b attendance may be by phone, internet, or other means as determined by the city clerk. Section 3.11 Public Demeanor. No one shall use any impertinent, degrading or slanderous language directed to the presiding officer, councilmembers, mayor, staff or other member of the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior includes, for example, addressing matters restricted from public comment, repeated shouting and angry outbursts, cursing, or direct or implied threats of violence. After receiving verbal notice from the presiding officer to cease engaging in the above described behaviors, and in the event the person does not stop, the presiding officer may order the person removed from the meeting. Pursuant to RCW 42.30.050, in the event a meeting is interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of the individuals who are interrupting the meeting, the council may, by majority vote, order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the council. If the meeting room is cleared, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Section 3.12 Added Agenda Items. At a regular meeting, a member of the council or the mayor may ask that an item be considered by the city council, even if it is not identified on the formal agenda, by raising the issue when agenda approval is being considered. That item shall then be considered with the approval of the council. No items may be added to the agenda of a special meeting after notice of the special meeting is issued. 8 City Council Bylaws Packet Pg. 88 8.H.b Section 3.13 Mayor Participation. The mayor may address the council on any matter or participate in the debate of any question, provided the mayor shall first call upon the council president or any other councilmember designated by the council president to take the chair during the mayor's participation. Section 3.14 Councilmember Conduct. While the council is in session, whether at a council or council committee meeting, all its members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the presiding officer. The members of the city council may, by a vote of a majority plus one of the membership of the council in attendance at the meeting, reprimand a councilmember for disorderly conduct. Section 3.15 Voting. Discussion by council members shall relate to the subject matter at hand and shall be relevant and pertinent. Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the council, shall cast his or her vote upon any matter put to vote by the legislative body. Any councilmember who abstains from voting shall be deemed to have not voted on that item. At the request of the presiding officer or of any member, any question shall be noted upon by a roll call and the individual voting results shall be recorded by the city clerk in the minutes. Section 3.16 Summoned to Meetings. Every city official or employee who shall fail to report to the council at times and in a manner requested by the council, shall be summoned in accordance with the direction of the council. Section 3.17 Ordinances, Resolutions and Contracts — Presentation. Unless otherwise approved by the council president, no ordinance, resolution, contract document or other matter shall be presented to the council unless 9 City Council Bylaws Packet Pg. 89 8.H.b c ordered by a majority of the council, referred by a council committee, requested o U by the mayor, or submitted by the city attorney. Whenever practical, ordinances, resolutions, contract documents and other matters shall be approved as to form by the city attorney and shall be examined and approved by the department head or his or her duly authorized representative having jurisdiction over the subject 2 r matter of the ordinance, resolution, contract document, or other matter. Matters N a� approved by the council at a regular or special meeting of the council shall be 0 deemed ratified notwithstanding a failure to comply with this section. 00 N Section 3.18 Parliamentary Rules. The city attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the councilmembers present. Robert's Rules of Order shall govern the deliberations of the council except when in conflict with any provision of these rules. A council vote or other action taken which is not in compliance with Robert's Rules of Order or these procedures and to which no objection is taken shall be deemed action taken following a suspension of the parliamentary rules and these rules even if no formal suspension of the rules occurs first. Section 3.19 Suspending the Rules. When the suspension of the rules is requested, and no objection is offered, the presiding officer shall announce that the rules are suspended, and the council may proceed accordingly. When there is an objection to suspending the rules, a vote of majority plus one of the members present shall be required to suspend the rules. Section 3.20 Supporting or Opposing a Ballot Measure or Person for Election to Public Office. Except as permitted by law, council meetings shall not be used for the purpose of supporting or opposing a ballot measure or supporting or opposing the election of any person to public office. 10 City Council Bylaws Packet Pg. 90 8.H.b U c Article IV — COUNCIL COMMITTEES o U c Section 4.1 Committees Established. The council establishes the following T four standing committees to address matters within the authority of the council. In the event a matter falls under the authority of more than one committee, the 0 council president will determine which committee will consider the matter. 0 1. Operations and Public Safety Committee. The operations and public o Go safety committee, which will be made up of all councilmembers, will to regularly meet two times per month. This committee will consider c matters related to the general fiscal and financial conditions and a� operations of a city-wide nature, personnel, public safety, 4- 0 communication, technology, equity and other matters not within the jurisdiction of another committee. The council president shall serve E as the chair of this committee. (° 2. Economic and Community Development Committee. The economic and community development committee, which shall be made up of three councilmembers, will regularly meet one time per month. This committee will consider matters related to land use and planning, economic development, construction regulations, growth management, and other related matters. 3. Parks and Human Services Committee. The parks and human services committee, which shall be made up of three councilmembers, will regularly meet one time per month. This committee will consider matters related to parks and recreation, city facilities, human services, and other related matters. 4. Public Works Committee. The public works committee, which shall be made up of three councilmembers, will regularly meet two times per month. This committee will consider matters related to planning, 11 City Council Bylaws Packet Pg. 91 8.H.b design, construction, improvement, extension, maintenance and operation of transportation and street systems, transit, water systems, sewer systems, storm water systems, solid waste and other utilities, as well as franchises and other related matters. Section 4.2 Matters Heard in Committee Before Council — Exceptions. All matters for council consideration shall first be considered by the appropriate council committee; provided, in special, exceptional or emergency circumstances, a matter may be considered by another committee, or with approval of the council president, at a council meeting without first going to a committee and in such case will appear on the other business agenda item of the council meeting. Upon agreement by the council, a matter that is presented at a workshop need not go to committee prior to being heard by the full council. A council committee shall consider all matters referred to it whether within or outside of a specific committee's authority. Section 4.3 Committee Appointments - Removal. With the exception of the Operations and Public Safety Committee, the council president shall, within eight weeks of the passage of this resolution, and thereafter following appointment as council president in January of even number years in accordance with Section 2.1, appoint committee members and committee chairs to each committee for approximately two-year terms. The council president shall have the right to remove committee members and committee chairs and to reappoint new councilmembers to fill those positions. The council president may appoint to a committee a new councilmember who is appointed or elected to fill a vacant council position. Section 4.4 Times and Locations for Committee Meetings. The times and locations for the first meeting of each committee shall be established at a meeting of the council. Thereafter, the times and locations for regular meetings of the 12 City Council Bylaws Packet Pg. 92 8.H.b U c committee shall be established by the committee chair in consultation with o U committee members and assigned staff during a committee meeting. Committee meeting dates, times, and locations shall be posted on the City's website. a� Meetings of the committees may be cancelled, or special meetings scheduled, by W the committee chair and in accordance with notice requirements. 0 0 as Section 4.5 Committee Agendas. In consultation with city staff, committee W 0 agendas shall be established at the direction of or by approval of the committee o rl chair; provided, two or more council members or the council president may place 0 items on a committee agenda or refer matters to committee. Section 4.6 Council Consideration After Committee. Matters considered by a committee and unanimously approved for council consideration by the committee members in attendance at the meeting shall be placed on the council meeting consent calendar unless otherwise directed by a majority of the members of the committee in attendance at the meeting. Matters approved by less than all committee members in attendance at the meeting shall be placed on other business at the council meeting unless the committee members in attendance direct the matter be placed on the consent calendar. In the event a matter is not advanced by a committee to the full council for consideration, the council may vote at a council meeting to consider the matter. Section 4.7 Quorum. No committee shall act in the absence of a quorum. At the request of the committee chair or the council president, any other councilmember may sit on any committee when necessary to establish a quorum or to fill a vacancy. At any committee of three councilmembers, additional councilmembers may observe the committee meeting, but shall not be permitted to participate at the committee meeting or speak in their capacity as a councilmember. 13 City Council Bylaws Packet Pg. 93 8.H.b Section 4.8 Executive Session. Executive sessions may be held at committee meetings in accordance with RCW 42.30.110. Section 4.9 Special Meetings. Special meetings of council committees may be called by the committee chair in accordance with Chapter 42.30 RCW. Section 4.10 Remote Attendance of Committee Members — Remote Meetings. Subject to the below requirements, a committee member may attend a committee meeting remotely. A committee member's remote attendance is permitted for the benefit of conducting City of Kent business and not for the personal benefit of the committee member. 1. Remote Attendance at Regular and Special Committee Meetings. A. Committee members may attend remotely a maximum of three committee meetings per calendar year; provided, the committee may by majority vote allow a committee member to attend additional meetings remotely in excess of three per year due to medical or other factors beyond the control of the committee member. B. Committee members who wish to attend a meeting remotely shall notify the committee chair and the city clerk at least three business days in advance of their intent to attend remotely. C. A committee member's remote attendance shall be verbally noted on the record during the meeting and in the official minutes of the meeting. D. No more than two councilmembers may remotely attend Operations and Public Safety Committee meetings; provided a councilmember not attending the Operations and Public Safety Committee meeting due to medical issues will not count as one of the two councilmembers described in this section. No more than one U c 0 U c L 0 0 as 0 00 to 14 City Council Bylaws Packet Pg. 94 8.H.b c committee member may remotely attend other committee meetings. o U E. In the event the committee chair will attend a committee c meeting remotely, the committee chair shall designate a committee member who will attend the meeting in -person to serve as W committee chair for that meeting. 0 r F. A committee member attending remotely shall have all of the N a� official committee materials available during the meeting, shall be 0 able to view the committee meeting by video in real time, shall be 00 N able to be viewed by others during the meeting in real time, and shall 0 be able to communicate with the public and other committee members during the meeting as if physically in attendance at the meeting. A committee member who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. G. It shall be the responsibility of the remotely -attending committee member to ensure compliance with this section. If during the meeting, the requirements of this section are not met or are terminated due to technical reasons, or the committee member fails to attend the meeting remotely, the committee member will be deemed to have not attended the meeting. 2. Remote Meetinas and Attendance Durina Declared Emeraencies. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in -person meeting cannot be held with reasonable safety due to the emergency, a committee may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of the public at a meeting. A meeting held in accordance with this subsection shall comply with the Open Public Meetings Act as now 15 City Council Bylaws Packet Pg. 95 8.H.b enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. Section 4.11 Other Rules Applicable. Sections 3.11 Public Demeanor, 3.14 Councilmember Conduct, 3.18 Parliamentary Rules, 3.19 Suspending the Rules, and 3.20 Supporting or Opposing Ballot Measure or Person for Election to Public Office shall apply to council workshops. Article V —COUNCIL WORKSHOPS Section 5.1 Council Workshops — Purpose — Agenda — Time for Meetings. Council workshop meetings constitute regular meetings of a committee of the council, the membership of which shall consist of the full membership of the council; provided, the mayor shall be permitted to attend and participate in workshops. Workshops are held to consider pending local and regional issues, and receive information from staff and regional partners on issues that impact the city. The council president, in consultation with the chief administrative officer, shall refer matters to and set the agenda of the workshops; provided, the council or two or more councilmembers shall be permitted to refer a matter to the workshops. The council will hold workshops at 5 pm on each regular council meeting day, except when a regular or special council meeting occurs at or before 5:30 pm. Section 5.2 Quorum. At all council workshops, a majority of the full council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. Section 5.3 Chair — Presiding Officer. The council president shall serve as the chair and presiding officer of council workshops. 16 City Council Bylaws Packet Pg. 96 8.H.b Section 5.4 Executive Session. Executive sessions may be held at council workshop in accordance with RCW 42.30.110. Section 5.5 Special Meetings. Special meetings of council workshops may be called by the council president in accordance with Chapter 42.30 RCW. In addition, a council workshop may be converted to a special meeting of the full council at which final action may be taken subject to the special meeting requirements of Chapter 42.30 RCW. Section 5.6 Remote Attendance of Councilmembers — Remote Meetings. Subject to the below requirements, a councilmember may attend a council workshop remotely. A councilmember's remote attendance is permitted for the benefit of conducting City of Kent business and not for the personal benefit of a councilmember. 1. Remote Attendance at Regular and Special Workshop Meetings. A. Councilmembers may attend remotely a maximum of three council workshops per calendar year; provided, the council may by majority vote allow a councilmember to attend additional meetings remotely in excess of three per year due to medical or other factors beyond the control of the councilmember. B. Councilmembers who wish to attend a meeting remotely shall notify the council president and the city clerk at least three business days in advance of their intent to attend remotely. C. A councilmember's remote attendance shall be verbally noted on the record during the council workshop and in the official minutes of the council workshop. D. No more than two councilmembers may remotely attend the same council workshop; provided a councilmember not attending due to medical issues will not count as one of the two 17 City Council Bylaws Packet Pg. 97 8.H.b 2 U c councilmembers described in this section. The availability of o U attending a particular council workshop remotely shall be on a first come first served basis. a� E. A councilmember attending remotely shall have all of the W official council materials available during the meeting, shall be able to view the council meeting by video in real time, shall be able to be N viewed by others during the meeting in real time, and shall be able 0 to communicate with the public and other councilmembers during o N the meeting as if physically in attendance at the meeting. A 0 councilmember who only observes the meeting remotely without complying with the above requirements will not be deemed in 4- attendance. ° a� a� F. It shall be the responsibility of the remotely -attending E councilmember to ensure compliance with this section. If during the E U meeting, the requirements of this section are not met or are terminated due to technical reasons, or the councilmember fails to attend the meeting remotely, the councilmember will be deemed to w have not attended the meeting. o Remote Meetings and Attendance During Declared Emergencies. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in -person meeting cannot be held with reasonable safety due to the emergency, the council may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of the public at a meeting. A meeting held in accordance with this subsection shall comply with the Open Public Meetings Act as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. 18 City Council Bylaws Packet Pg. 98 8.H.b Section 5.7 Other Rules Applicable. Sections 3.11 Public Demeanor, 3.14 Councilmember Conduct, 3.18 Parliamentary Rules, 3.19 Suspending the Rules, and 3.20 Supporting or Opposing Ballot Measure or Person for Election to Public Office shall apply to council workshops. 19 City Council Bylaws Packet Pg. 99 8.1 KENT WASH IN G T O N DATE: April 20, 2021 TO: Kent City Council SUBJECT: Subscription Agreement with SPIDR Tech - Authorize MOTION: Authorize the Mayor to sign a three-year Subscription Agreement with SPIDR Tech, in an amount not to exceed $107,417, to obtain access to SPIDR Tech's notification system to serve victims and persons who report crime, subject to final terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: Access to the SPIDR Tech platform will further the Kent Police Department's efforts with transparency and customer service towards the residents of Kent. The SPIDR Tech Platform is designed to incorporate relevant data from our Records Management System (RMS) and/or Computer Aided Dispatch (CAD) system to automatically generate and send customized text and email messages to victims of crime and reporting parties. Subsequently, customers will receive mobile - friendly surveys comprised of questions chosen by our agency that can be utilized to measure community trust and satisfaction. The total cost of the subscription fees over the three-year term is roughly $107,417 ($32,521 per year, plus tax at 10.1%). This subscription has three platform modules: Patrol, Investigations and Insights: Patrol Module. The module for patrol integrates with our current Computer Aided Dispatch to automatically send text messages to reporting parties after a call for service is generated. These messages are customizable based on the event and provide the caller with a "receipt" for their call. Further updates can automatically be sent to the reporting party if an officer is delayed or diverted from the call keeping them informed. After the call for service is concluded, another text can be sent with the case number, type of incident or crime that had occurred, and the officer who had responded to their call from service. Investigations Module. The module for investigations will integrate with our current RMS system to automatically generate and send customized texts and email messages to victims of crimes. These messages should also decrease administrative calls to our records and investigative departments by proactively providing the most commonly requested information. Some examples would be notifying the victim of the case number, the name of the Packet Pg. 100 8.1 responding officer, the name of the detective assigned to the case, next steps in the investigation process, and information for victim resources to name a few. Insights Module. The insights module are surveys delivered to the reporting party and crime victims via email and/or text message following an interaction with our department. These surveys enable us to benchmark and track community perception, request feedback, and can be used to better serve our community. The funding for this service was originally approved under the 2020 bi-annual budget. BUDGET IMPACT: Requesting funds come out of the Red Light Camera Fund. 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. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. SPIDR Tech Kent PD Proposal (PDF) 2. Consultant Svcs Agrmnt GL 2 PL 1 Cyber 2 (002) (PDF) 04/13/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM Packet Pg. 101 -�O L Icy �LNT ts� l889 Kent Police Department SPIDR Tech Platform Created: 07/28/2020 Edited: 03/18/21 Expires: 04/30/2021 Prepared for: Chief Rafael Padilla Prepared by: Elon Kaiserman, Co -Founder and Chief Operations Officer 0 a 0 L Y Packet Pg. 102 M SPIOR Executive Summary SPIDR Tech was founded by former law enforcement officers to help law enforcement agencies leverage their own data to improve public perception and increase efficiency by providing excellent customer service. Following extensive market research, we designed and built the world's first comprehensive, customer service infrastructure for law enforcement with the goal of improving communication and transparency between agency and community. Overview of the Technology The SPIDR Tech Platform is designed to incorporate relevant data from your agency's Records Management System (RMS) and/or Computer Aided Dispatch (CAD) system to to automatically generate and send customized text and email messages to victims of v crime and reporting parties. Subsequently, customers will receive mobile -friendly N surveys comprised of questions chosen by your agency that can be utilized to measure Q community trust and satisfaction. ° a The platform offered in this proposal is entirely Software -as -a -Service (SaaS) and 0 a requires no hardware to be installed locally with the agency. The software can be Y accessed using any modern browser, such as Chrome, Firefox, Safari, and Edge. Your agency can push data to the SPIDR Tech Platform via our Application Program Interface (API), or the SPIDR Tech deployment team can read data from a server through a secure connection. Supporting Customer CJIS and Security Requirements Working with law enforcement data requires special security considerations, and SPIDR Tech supports these requirements. We perform background checks on all employees and will subject all project personnel to a agency background checks if requested. Our teams have passed all FBI screenings in the past for projects with other law enforcement agencies. 2 of 20 Packet Pg. 103 M SPIOR SPIDR Tech uses Amazon Web Services (AWS) GovCloud for data hosting. AWS follows Criminal Justice Information Services (CJIS) compliance guidelines and we possess all supporting documentation detailing our compliance. Our data center is in the USA, an isolated AWS region, and is used for highly sensitive workloads. It is important to note that SPIDR Tech does not install, own, or manage any equipment within your agency's network. Our services are hosted in the cloud, and the networks talk to each other via a secure Virtual Private Network (VPN) or API. SPIDR Tech utilizes a Federal Information Processing Standard (FIPS) 104-2 compliant encryption method to encrypt CJIS data at rest, including database backups and volumes. As an additional precaution, The SPIDR Tech Platform encrypts CJI data such as driver's licenses and social security numbers if an agency chooses to provide those items as part of the data transfer. Description of the SPIDR Tech Platform Modules Patrol Module Hello Ynu ronrrred RMendo Rearh Polire ❑apartment nn May 70. 7o1R at(A:,7 PM Ynur Inridert Num her i s 18030836. Thank you for calling ui. We strive w provide our cilirens e—I lens ser vice. Ple ase cal our ron- eniergehhcyline a[ {310; 371-24T. w re low up if necesear y. Please ea II 9--' -1 fur a II ehrhe g— ies. If you find your Yehi de at a later date, please nc t6 t he local law a nforce menc agency wh ere your veh, cle is found :o report Its recovery. If the RBPd recovered your Yehlcle, pl case r"ic,•• the fallowing policy. http ewvre,.redondo.o rgrde pts.1pollce+ a c lice sen• ceslrecordsta hlcla release.asp To ohtain a copy of the report, please read hftr,1A w.rednndn n rglde ptslpnlirefn n lice se . ceslrecord V d of a u It.asp#Cri meReports For Manys Iaw information hllps1fudg.ra.guv1w cCi Vice Lunter:Ubill_o ghn The Patrol Module integrates with your Computer Aided Dispatch (CAD) data to automatically send text messages to your reporting parties (RPs) after a CAD Event is generated. Your agency can customize these messages based on CAD event type to provide RPs with a "receipt" for their call. You can also include helpful information, such as a link to online reporting or a non -emergency number to call if the RP has an update. Delayed Arrival Messages Delayed Arrival Messages automatically update an RP if an officer has not marked themselves on scene for a Thankyou. predetermined period of time. For example, if a loud party Redon co Be ach Pollee De partment Text'STOP' to cancel. call has been queued for 60 minutes, the SPIDR Tech platform can send an automated text message to the RP, explaining that priority call volume is high and an officer will respond to their incident as soon as one is available. When there is a delay in service, proactively sending an RP information regarding the status of an officer response will help set expectations and prevent frequent call-backs that occupy dispatch lines and resources. 3 of 20 Packet Pg. 104 SPIF7R Example CAD Event Categories: Disturbances Battery Dead Body Report Hit and Run Suspicious Circumstances Assault Deadly Weapon Found Person Drunk Driver Thefts Indecent Exposure Found Property Violation Restraining Order Illegal Parking Criminal Threats Found Weapon Annoyance/Threat Animal Incidents Arson Group Fight Abandoned Vehicle Vehicle Accidents Embezzlement Harassment/Stalking Animal Bite Patrol Requests Identity Theft Hazard Missing Person Transient Person Defrauding an Innkeeper Illegal Dumping Health and Safety Burglary Vandalism Keep Peace Shots Heard Mentally III Graffiti Lost Animal Mandown Forgeries Trespassing Lost Person Drunk/Drugs in Public Robbery Lewd Conduct Lost Property Stolen Vehicle Investigations Module bear The Chula Vista Police Department is sorry about your victimi..ti— On OeM IM20 you filed a repo rc for Theft The Chula Vow Police Department takes Theft very seriously. As par: of the Chula Vista Police Department's coFnmorri to providing our commun iy wmh the himm highest level of cuser sefNcl, we wantrow wanted to pde you some additional nformation ahour yam raw. The in—nnabngnfficerwas—badge— Your race number is —Please keep this information for your recards- Your [aye will he rev awed by a supervisor m assess the Case for solve blllty and inveSdgadve bads. To obtain a copy of the rely rm please click sere for further Info r'natim. For Marsy's Law Plalm Bill of Fights] Infomao on, please click Left. You will resew a survey to provide Input about the serve to the Chula vista Polite Department has p,m red ypu. Thank you, Chula vista Police nrpx rrmr Nar-E &fe y--1619]641-5151 Emerpeagw 911 315 Fout'[b M�anue Chula VNctd CA 91 Y1 O The Investigations Module will integrate with your RMS data to automatically generate and send customized text and email messages to victims of crime. These messages will decrease administrative calls to your records and investigations departments by proactively providing the most commonly requested information. Case studies have shown that victims of crime who receive SPIDR Tech emails and texts are 43% less likely to call asking for more information regarding their case. 4of20 Packet Pg. 105 For specific crime categories, the system will send the victim a tailored message that can include critical report information, including (but not limited to): • The date and time of report filing • The general category of crime • The name of the Officer/Deputy who took the report • The report number • Who to contact and when • Next steps in the investigation process • Investigation criteria • Crime prevention tips • Crime definitions • Information on victim resources • Advocacy information • Community outreach/program information • Social media links • Upcoming events Example Crime Categories: Auto Burglary Burglary Theft Assault/Battery Robbery Forgery Arson Assault with a Deadly Weapon Brandishing a Weapon Carjacking Court Order Violation Criminal Threats Fraud False Imprisonment Hit and Run Vandalism Prowling Shoplifting Stalking Trespassing Traffic Accident Report Fraud Forgery Identity Theft Arrest Notifications POLICE _110 M. R Tx FWIce peperpnem mwlti Re no InMm Wu Vial on$0�01%F 5�was a,rewdh connection wM Repo, ri mis Casey Fee[lie ripJil ru be r feJof an eirc trial perlanisAryur case 11rc riyhl [u be prcse endwLe heard""preserrercir�orxmencnypnl,,=iny hal resilta in ewri�•xxrart end[he ri;Ji[ 1.make en inpace sselemertpnorwN rnypti�on of Ile sen[ence. Ifryu wuukl likeairateei impecl in she uae, pleme mmacl the vrlydaacvixarrs unit al vu :y1-xaf w karnmwe.ridudi, liov.« prwae roar ssnlemerL I.1nn nnen stmmt aalaarrn, mere arc rxn.irtes m awvymr. pleaw r11me v1—acswarce 1lnh 10 1 reay- rrlia�, x ' avpt10• wrn mirc nnllna a. mrpcf www-iumrar.prrfprn�c.-tm•rnrtlm Infn;..nrntemer. I'yvu dp W•. retie n0[ neo of Nn.reameas per ning m your report, Vou my ep[ w by calll,g meT n P0. ]eOr_ R _IS Depervnen[ ai Si6'191-0401. 110ndey- Fiday, S D RN -SM M. t he Iu +uh pe rp nlxpwea to pra -he fig hev.qualm, responsemdserri:eenti tomwre 1�a1pu eeT.rdsri ycur bgalrp�ls, riclad ny Ne nyk w be.r=..Lh'ernes', respeck and dy rely, and w ke free rani it dalwr, haravmemaabuse lhrouyhaul Ne crrnnal or _Z.a--pro- . s a 0,1n y_ alyn Lave a0]I[bral non; ma[)na car r[q�es[ or wake ro g.lrrtorny-lm a9our,k "r E� un4ertne I—, ,Mr neirrp reWJ or•'d'•e ["I 1!1• dnp N[alm -Ile alonexl[na 1111 Sr pile[al!ern[rF [a +,.�ialf/pwtm•P,I^ImINr s�.erdr. r­ pa- cepanme11L W.OM MI Arrest Notifications are automated messages that can be sent to victims of any crime. These notifications automatically inform victims that an arrest has been made pertaining to their report. Today, many agencies don't inform victims when an arrest has been made and those that do, do so manually via phone call, or through the use of an opt -in, victim registration system. Doing so manually is difficult to track and is costly due to the amount of necessary labor. Using a victim registration system puts the burden of work on the crime victim. By automatically notifying victims of an arrest, you R U) O M O L d In d r c a� 5 of 20 Packet Pg. 106 MSPIOR can decrease the amount of administrative effort required by your agency while raising the bar for customer service. SE`ATTTIIITJLE �ouc� Seatt la Police [Depattma nt Victim Services Survey Did the police respond in a timely manner in regard to your report? 0 V, 0 Nn How would ynt, rate the profaminna l lsm of the dPM mment In regard to your pnl lce report? 0 Very high quality 0 High quality 0 Neither hig9 nor low quality 0 Low quality 0 Very low qua lity Overall. haw do you feel about t he Smttle Pollee Department? 0 Not at A l l satlSi P'1 0 Som­hx. c rlgfi&d 0 5atlsflad 0 VerywtISNd 0 Deligrted Insights Module Surveys are delivered to the RP and crime victim via email and/or text message following an interaction with your agency. These surveys enable you to benchmark and track community perception. Requesting feedback is a common and valuable practice for the private sector. Companies use this data to improve services, track initiatives, and identify weaknesses. Today, agencies understand they cannot improve without measuring their interactions with the community. It's important to note that these surveys are sent based on incident, allowing you to measure each community interaction independently. This is different from public sentiment surveys, which include survey responses from individuals who have never interacted with your agency. By surveying your customers regularly, you can include monthly survey trends in your CompStat model, relay officer/dispatcher commendations that reinforce positive community interactions, and identify issues before they become liabilities. SPIDR Tech will provide agency personnel with daily survey updates containing survey responses, as well as more in-depth survey analysis reports on a periodic basis. All survey response data can be broken down by area, crime type, call type and date. 0 a 0 a 0 a a� Y 6 of 20 Packet Pg. 107 MSPIOR ircala�L. haP� n Vleee[�IS ePall In fntALm Multi -Lingual Functionality Monterey Park POLICE ,_ ��: :i:'Wed, Wgust 29, 2010 •�Mpn T[ Pnrk P11W1 ner,1 Pin; pj�-y�fii�!rj' 73F7. T9pTi.Yf i. 'Fn<��7FYr:&aiF. Lrg�iSli�i9lSQ+iR,�-fi�835. edi�AE15)YYJ O<'Ait�kiRl��,!E27Wi#k. ®1C�IT1R &4181�!M B. IW-las SSE, WoWltY , 1Ai�P ltl.' AlAl1Fd�.i�l, ��aal,�a®rra�.e�exl�mnatn. �a�maa;�ars�:��.a��n�. >YJ>§SfCidli3S�3�13CY#. ie�iE H€fEWGttY18;S6°�1C P"r9i9. €A3CY#i£IB:CtER @G M*A! _X i5. IA>�i1:+�,b1eiRRHB. 13�r�i�iE. IR��Rh>�lli5�.>�7£E]bildilRRl!e.::[+�Fd#L€l3iiAR. 711iR1t$IEn.�B'JS$kk itlP.. Li lit �7lA$I.���ltS: [6e6; 30]-12.3.3, to" ilzxlit 16eliel Cal iamla COnHl USon,V CI" 1311 of mg�s (t NA1 L. lilxetn i§9* 61,NAW1, Your message templates can be sent in up to three languages. For example, Monterey Park Police Department in California sends all of their messages in English, Traditional Mandarin, and Spanish. The agency can also solicit survey responses in multiple languages. This feature allows your agency to be inclusive of minority or majority members of the community, ensuring people receive the information they need in a language they understand. 7 of 20 Packet Pg. 108 IftSPIOR Custom Pricin SPIDR Tech software pricing has two components: The initial deployment fee and the annual subscription cost. The deployment fee includes all technical interfacing, non- technical setup and training. The subscription cost includes all messages (text and email), software, professional services, and maintenance. The price is based on the current sworn size of your agency. Standard pricing for the entire platform is $297/ sworn/year. Based upon your designation as an early adopter in the State of Washington and the first in King County, SPIDR Tech is offering Kent PD a complimentary deployment and installation as well as a 25% discount on the annual subscription. SPIDR Tech: Year 1 Price Discount Net Subscription fee for the initial term. Includes: SPIDR Platform Patrol Module, Investigations Module, Insights $43,362 -$10,841 $32,521 Subscription Module, and People Database. (Invoiced upon commencement call) Deployment and Deployment and installation fee (one-time setup/ $10,000 -$10,000 $0 Installation integration fee, invoiced with initial subscription) Maintenance and Maintenance and support fees for the annual term FREE FREE Support Total: $53,362 -$20,841 $32,521 SPIDR Tech: Years 2 and 3 Price Discount Net SPIDR Platform Annual renewal price for the above subscription. Subscription: Annual p Invoiced annually on the subscription start date. $43,362 -$10,841 $32,521 renewal price Maintenance and Support Maintenance and support fees for the annual term FREE FREE Total: $43,362 -$10,841 $32,521 8 of 20 Packet Pg. 109 IftSPIOR TERM: Please note: All pricing and discounts described in this Order Form are contingent upon Customer's execution and return of this Order Form no later than 04/30/2021 (unless countersigned by SPIDR Tech). By signing below, each party acknowledges that it has carefully read and fully understood this Agreement, and each agrees to be bound by the terms of the Agreement. The Agreement becomes effective upon the date of last signature (the "Effective Date"). The individuals signing this Agreement represent that they have the authority to bind the respective parties to the terms of this Agreement. SPIDR Tech, Inc. Customer Signature: Signature: Name: Rahul Sidhu Name: Title: Chief Executive Officer Title: Date Signed: Date Signed: SUBSCRIPTION AGREEMENT This Subscription Agreement (this "Agreement") is made as of [ ], 202[_] (the "Effective Date"), by and between SPIDR Tech Inc., a Delaware corporation at PO Box 3448, Manhattan Beach, CA, 90266 ("SPIDR Tech"), and the Customer identified in the attached Sales Proposal. SPIDR Tech and Customer may be referred to as a "Party" herein and together as the "Parties." The Sales Proposal executed by and between SPIDR Tech and the Customer (the "Sales Proposal") and the terms therein shall be deemed incorporated herein. WHEREAS, SPIDR Tech's proprietary systems, applications and related APIs permit police departments to gather, review and analyze data in connection with law enforcement intelligence, officer productivity and related community engagement. WHEREAS, Customer desires to access and use SPIDR Tech's proprietary system, and SPIDR Tech desires to provide such access, in accordance with the terms and conditions herein; NOW, THEREFORE, in consideration of the covenants set forth herein, SPIDR Tech and Customer hereby agree as follows: Provision of the Service. 1.1. Provision Generally. SPIDR Tech will provide Customer with access to SPIDR Tech's proprietary service for the modules specified in the Sales Proposal (collectively the "Service") in accordance with the terms and conditions of this Agreement. In order to access and use the Service, Customer is responsible at its own expense for obtaining its own Internet access, and any hardware and software required therefor. 9 of 20 Packet Pg. 110 SPIOR 1.2. Grant of Rights. Subject to the terms and conditions of this Agreement, SPIDR Tech hereby grants to Customer a limited, non-exclusive, non -transferable right to access and use the Service, solely for Customer's purposes during the Term. All rights not expressly granted to Customer are reserved by SPIDR Tech and its licensors. There are no implied rights. 1.3. Restrictions. Customer shall not (and shall not allow any third party to): (a) use the Service for the benefit of any third party, or to develop or market any product, software or service that is functionally similar to or derivative of the Service, or for any other purpose not expressly permitted herein; (b) permit any third party or individual to access or use the Service; (c) sell, distribute, rent, lease, service bureau, post, link, disclose or provide access to the Service, directly or indirectly, to any third party; (d) alter, modify, debug, reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to any software (including source code) associated with the Service; or (e) use any robot, spider, scraper or other automated means to access the Service, or engage in any scraping, data -mining, harvesting, screen -scraping, data aggregating or indexing of the Service. Customer shall keep all passwords and API Keys provided to it safe and secure, and shall be responsible for all use of the Service using passwords or API keys issued to Customer. Customer shall notify SPIDR Tech immediately of any actual or suspected unauthorized use of its passwords or API keys for the Service. Without limiting any of its other rights or remedies, SPIDR Tech reserves the right to suspend access to the Service if SPIDR Tech reasonably believes that Customer has materially violated the restrictions and obligations in this Agreement (in which case, it shall provide Customer prompt written notice of such suspension). 1.4. Customer Cooperation. Customer shall: (a) reasonably cooperate with SPIDR Tech in all matters relating to the Service; (b) respond promptly to any SPIDR Tech request to provide information, approvals, authorizations or decisions that are reasonably necessary for SPIDR Tech to provide the Service in accordance with this Agreement; and (c) provide such Customer materials or information as SPIDR Tech may reasonably request to provide the Service and ensure that such materials or information are complete and accurate in all material respects. 2. SPIDR Tech Technology. In connection with providing the Service, SPIDR Tech and its licensors shall operate and support the hosted environment used by SPIDR Tech to provide the Service, including the SPIDR Tech Technology, the server hardware, disk storage, firewall protection, server operating systems, management programs, web server programs, documentation and all other technology or information so used by SPIDR Tech. As used herein, "SPIDR Tech Technology" means all of SPIDR Tech's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to Customer by SPIDR Tech in providing the Service. 10 of 20 Packet Pg. 111 MSP1O1R s. Downtime. Subject to the terms and conditions of this Agreement, SPUR Tech shall use commercially reasonable efforts to provide access to the Service for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. Customer agrees that from time to time the Service may be inaccessible or inoperable for various reasons, including (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which SPUR Tech may undertake from time to time; or (iii) causes beyond the control of SPIDR Tech or which are not reasonably foreseeable by SPUR Tech, including interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures, or failures or issues experienced by the Hosting Contractors independent of and not related to the Service or SPUR Tech (collectively "Downtime"). SPUR Tech shall use commercially reasonable efforts to provide twenty-four (24) hour advance notice to Customer in the event of any scheduled Downtime. SPUR Tech shall have no obligation during performance of such operations to mirror Customer Data on any other server or to transfer Customer Data to any other server. SPIDR Tech shall use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the service in connection with Downtime, whether scheduled or not. 4. Ownership. Customer acknowledges and agrees that as between SPUR Tech and Customer, all right, title and interest in and to the Service (including the data, information, text, images, designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on or made available through the Service, other than Customer Data), the SPUR Tech Technology and all improvements and derivatives of the foregoing (including all intellectual property and proprietary rights embodied therein or associated therewith) are and shall remain owned by SPIDR Tech or its licensors, and this Agreement in no way conveys any right, title or interest in the Service or the SPIDR Tech Technology other than a limited right to use the Service in accordance with the terms and conditions herein. No right or license is granted hereunder to Customer under any trademarks, service marks, trade names or logos. Customer shall not remove any SPIDR Tech trademark, service mark or logo, or any proprietary notices or labels (including any copyright or trademark notices) from the Service. 5. Fees; Payments; Taxes. 5.1. Fees. In consideration of the provision of the Service hereunder, Customer shall pay SPUR Tech the fees as set forth and the scheduled laid out on the Sales Proposal. 5.2. Taxes. All amounts due hereunder are exclusive of all sales, use, excise, service, value added, or other taxes, duties and charges of any kind (whether foreign, federal, state, local or other) associated with this Agreement, the Service, or Customer's access to the Service. Customer shall be solely responsible for all such taxes, duties and charges (except for taxes imposed on SPUR Tech's income), which may be invoiced by SPIDR Tech from time -to -time. 11 of 20 Packet Pg. 112 MSP1O1R 5.3. Payment Method. Customer shall make all payments hereunder, in US dollars, in the manner specified by SPIDR Tech, and without deduction of any charges, taxes or other amounts. 5.4. Late Payments. Customer shall pay interest on all late payments at the rate of 1 % per month calculated daily and compounded monthly. 6. Term; Termination. 6.1. Term. The term of this Agreement shall commence on the Effective Date and, unless earlier terminated as set forth herein, shall continue for the period and in the manner set forth in the Sales Proposal. Either Party may terminate this Agreement by providing the other Party 30 days advance written notice of its desire to terminate. The entire term before termination is collectively referred to as the "Term" herein. 6.2. Termination for Breach. Either Party may terminate this Agreement by written notice thereof to the other Party, if the other Party materially breaches this Agreement and does not cure such breach within 30 days after written notice thereof. 6.3. Effects of Termination; Survival. Upon any termination of this Agreement: (a) Customer shall have continued access to Customer Data for a period not to exceed 90 days for the limited purpose of transferring Customer Data to Customer's own systems or servers; (b) after that 90 day period, all rights granted to Customer hereunder shall terminate and SPIDR Tech shall no longer provide access to the Service to Customer, and (c) Customer shall cease using the Service. Any obligations that have accrued prior to termination shall survive termination of this Agreement. In addition, the following Sections, as well as any other provisions herein which by their nature should survive, shall survive termination of this Agreement: Sections 4 through 12. 7. Customer Data. 7.1. Data Generally. All data and information which the Customer inputs or provides to the Service (the "Customer Data") is stored in a private and secure fashion (as regulated by CJIS requirements), and will not be used by SPIDR Tech except as permitted herein. Customer hereby grants to SPIDR Tech a limited, non-exclusive, non -transferable, royalty -free right to use, reproduce, manipulate, display, transmit and distribute the Customer Data solely in connection with providing the Service to Customer, and improving and developing the Service. In addition, SPIDR Tech may analyze Customer Data, and data of other customers, to create aggregated or anonymized statistics or data that do not identify Customer or any individual, and SPIDR Tech may during and after the Term use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement (including the Sales Proposal), Customer shall be solely responsible for providing, updating, uploading and maintaining all Customer Data. The content of Customer Data shall be Customer's sole 12 of 20 Packet Pg. 113 MSP1O1R responsibility. SPIDR Tech shall operate the Service in a manner that provides reasonable information security for Customer Data, using commercially reasonable data backup, security, and recovery protections (as regulated by CJIS requirements). 7.2. Additional Customer Responsibilities. Customer is solely responsible for all Customer Data. SPIDR Tech does not guarantee the accuracy, integrity or quality of Customer Data. Customer shall not: (a) upload or otherwise make available to SPIDR Tech any Customer Data that is unlawful or that violates the rights of any third parties; (b) upload or otherwise make available to SPIDR Tech any Customer Data that Customer does not have a right to transmit due to any law, rule, regulation or other obligation; (c) use, upload or otherwise transmit any Customer Data that infringes any intellectual property or other proprietary rights of any third party; (d) upload or otherwise make available to SPIDR Tech any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of any computer software or hardware or telecommunications equipment; (e) interfere with or disrupt the Service or servers or networks connected to the Service; (f) upload or otherwise make available to SPIDR Tech any Customer Data that constitutes protected health information subject to the Health Insurance Portability and Accountability Act or any regulation, rule or standards issued thereunder; or (g) violate any applicable law, rule or regulation, including those regarding the export of technical data. 8. Representations and Warranties; Disclaimer. 8.1. General Representations and Warranties. Each Party hereby represents and warrants to the other Party that: (a) it is a corporation, company or other entity (as applicable) duly organized, validly existing and in good standing in its jurisdiction of organization; (b) its execution, delivery and performance of this Agreement have been duly and validly authorized by all necessary organizational action on its part; (c) the provisions set forth in this Agreement constitute legal, valid, and binding obligations of such Party enforceable against such Party in accordance with their terms, subject to bankruptcy, insolvency and other laws affecting creditors' rights generally; and (d) its execution, delivery and performance of this Agreement do not and will not conflict with, result in a breach of, constitute a default under, or require the consent of any third party under, any agreement or other obligation to which such Party is subject. 8.2. SPIDR Tech Limited Warranty. SPIDR Tech warrants that it will provide the Service in a competent and workmanlike manner. SPIDR Tech does not warrant that it will be able to correct all reported defects or that use of the Service will be uninterrupted or error free. SPIDR Tech makes no warranty regarding features or services provided by any third parties. SPIDR Tech retains the right to modify its services and the SPIDR Tech Technology in its sole discretion; provided that doing so does not have a material adverse impact on the Service hereunder. Customer's sole remedy for SPIDR Tech's breach of the warranty in this paragraph shall be that SPIDR Tech shall remedy the applicable error, or if SPIDR 13 of 20 Packet Pg. 114 M SPIOR Tech is unable to do so in a timely manner, refund to Customer actual damages up to a limit of the fees paid for the Service for the 6-month period immediately prior to when the breach of warranty occurred. 8.3. Disclaimer. EXCEPT FOR THE WARRANTIES SET FORTH IN SECTIONS 8.1-8.2 ABOVE, SPIDR TECH MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SERVICE (IN EACH CASE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE), INCLUDING ANY WARRANTY (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, (B) THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (C) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR (D) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE. 9. Limitations of Liability. 9.1. Damages Cap. TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND EXCLUDING ANY DAMAGES ASSOCIATED WITH SPIDR TECH'S INDEMNIFICATION RESPONSIBILITIES UNDER SECTION 10.1, SPIDR TECH'S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO SPIDR TECH UNDER THIS AGREEMENT DURING THE PRIOR 6 MONTHS. 9.2. Disclaimer of Indirect Damages. EXCEPT FOR (A) CUSTOMER'S OBLIGATION TO PAY ALL AMOUNTS DUE HEREUNDER, (B) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, OR (C) EITHER PARTY'S BREACH OF ANY INTELLECTUAL PROPERTY OR CONFIDENTIALITY OBLIGATIONS OR RESTRICTIONS HEREIN (INCLUDING ANY LIMITATIONS OR RESTRICTIONS ON USE OF THE SERVICE), OR (D) SPIDR TECH'S WARRANTY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF DATA, PROFITS OR REVENUE) ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. 9.3. Basis of the Bargain. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 ARE A FUNDAMENTAL BASIS OF THE BARGAIN, THAT SPIDR TECH HAS SET ITS FEES IN RELIANCE ON THE ENFORCEABILITY OF THESE PROVISIONS, AND THAT THEY SHALL APPLY NOTWITHSTANDING THAT ANY REMEDY SHALL FAIL ITS ESSENTIAL PURPOSE. 14 of 20 Packet Pg. 115 sr�ior� 1o. Indemnification and Insurance. 1o.1. SPIDR Tech Indemnification. SPUR Tech shall defend, indemnify and hold harmless Customer and its directors, officers, employees and agents ("Customer Indemnified Parties") from and against any third party claims, actions, proceedings, demands, lawsuits, damages, liabilities and expenses (including reasonable attorneys' fees and court costs) (collectively, "Claims") related to SPUR Tech's negligent performance of this Agreement or based on any claim that the Service infringes, misappropriates or otherwise violates (collectively, "Infringes") any third party intellectual property or proprietary right (excluding patents). 10.2. Customer Indemnification. Customer shall defend, indemnify and hold harmless SPIDR Tech and its directors, officers, employees, agents and providers ("SPIDR Tech Indemnified Parties") from and against any Claims to the extent based on any claim that the Customer Data Infringes any third party intellectual property or proprietary right (excluding patents). 10.3. Indemnification Process. As conditions of the indemnification obligations in Sections 10.1-10.2 above: (a) the applicable Customer Indemnified Party or SPIDR Tech Indemnified Party (the "Indemnitee") will provide the indemnifying Party (the "Indemnitor") with reasonably prompt written notice of any Claim for which indemnification is sought (provided that failure to so notify will not remove the Indemnitor's indemnification obligations except to the extent it is prejudiced thereby), (b) the Indemnitee will permit the Indemnitor to control the defense and settlement of such Claim, and (c) the Indemnitee will reasonably cooperate with the Indemnitor in connection with the Indemnitor's evaluation, defense and settlement of such Claim. In defending any Claim, the Indemnitor shall use counsel reasonably satisfactory to the other Party. The Indemnitor shall not settle or compromise any such Claim or consent to the entry of any judgment without the prior written consent of the other Party (not unreasonably withheld). 10.4. Exclusions. SPIDR Tech's obligations in Section 10.1 above shall not apply to any Claim to the extent arising from or relating to (a) misuse of the Service (including any use not strictly in accordance with the documentation therefor, SPUR Tech's instructions, and this Agreement), (b) any modification, alteration or conversion of the Service not created or approved in writing by SPIDR Tech, (c) any combination of the Service with any computer, hardware, software or service not provided, recommended, or approved by SPIDR Tech, (d) SPUR Tech's compliance with specifications or other requirements of Customer, or (e) any third party data not provided through SPUR Tech or Customer Data. If the Service is or may be subject to a Claim of Infringement described in Section 10.1 above, SPIDR Tech may, at its cost and upon the Customer's concurrence: (i) obtain the right for Customer to continue using the Service as contemplated herein; or (ii) replace or modify the Service so that it becomes non -Infringing without substantially compromising its principal functions; or (iii) to the extent the foregoing are not commercially reasonable, terminate this Agreement and return to Customer any pre -paid fees for the Service associated with the then -remaining 15 of 20 Packet Pg. 116 MSP1OR Term. SPIDR Tech's obligations in this Section 10, together with SPIDR Tech's warranty obligations under Section 8.3, shall be SPIDR Tech's sole obligations, and Customer's sole remedies, in the event of any Infringement of intellectual property or proprietary rights by or related to to the Service. 10.5. Insurance. SPIDR Tech shall procure and maintain for the duration of the Agreement insurance of the types and in the amounts described in Exhibit provided by Customer and incorporated by this reference. 11. Confidentiality. 11.1. Definition. "Confidential Information" means information that is disclosed by either Party (the "Disclosing Party") to the other Party (the "Receiving Party") hereunder during the Term that is clearly labeled or identified as confidential or proprietary when disclosed, or that, under the circumstances, should reasonably be treated as confidential, except that "Confidential Information" shall not include any information that (a) is or becomes generally known to the public through no fault of, or breach of this Agreement by, the Receiving Party; (b) is rightfully in the Receiving Party's possession at the time of disclosure without an obligation of confidentiality; (c) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or (d) is rightfully obtained by the Receiving Party from a third party without restriction on use or disclosure. 11.2. General Obligations. Each Party agrees that it will during the Term and thereafter (a) not disclose the other Party's Confidential Information to any third party (other than as permitted in the last sentence of this paragraph); (b) use the other Party's Confidential Information only to the extent reasonably necessary to perform its obligations or exercise its rights under this Agreement; (c) disclose the other Party's Confidential Information only to those of its employees and independent contractors who reasonably need to know such information for purposes of this Agreement and who are bound by confidentiality obligations offering substantially similar protection to those in this Section 11; and (d) protect all Confidential Information of the other Party from unauthorized use, access, or disclosure in the same manner as it protects its own confidential information of a similar nature, and in no event with less than reasonable care. Notwithstanding the above, this paragraph shall not prohibit: (i) a Party from disclosing Confidential Information of the other Party to the extent required by applicable law, rule or regulation (including a court order or other government order) or the rules and regulations of the SEC or any national securities exchange; provided that such Party provides the other Party prior written notice of such disclosure, to the extent practicable, and reasonably cooperates with efforts of the other Party to seek confidential treatment thereof, to the extent such cooperation is requested by the other Party. 11.3. SPIDR Tech acknowledges the Customer is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by SPIDR Tech in its performance of this Agreement may be subject to public review and 16 of 20 Packet Pg. 117 SPIOR disclosure. As such, SPIDR Tech agrees to cooperate fully with the Customer in satisfying the Customer's duties and obligations under the Public Records Act. 11.4. In the event SPIDR Tech has marked or identified any records as containing Confidential Information, Customer will: (a) use its best efforts to give SPIDR Tech notice of a public records request or subpoena that seeks such Confidential Information, and (b) provide SPIDR Tech a reasonable time period under the circumstances to obtain an injunction to enjoin Customer from disclosing the requested Confidential Information to the party who has requested it. Regardless of another provision in this Agreement to the contrary, Customer will not assert on SPIDR Tech's behalf any exemption on the basis of the record's confidential or proprietary nature. SPIDR Tech agrees to hold the Customer harmless from any damages, claims, penalties, or attorneys' fees that may be incurred by or assessed against the Customer and related to SPIDR Tech's pursuit of an injunction to enjoin the Customer's disclosure of the requested record. 11.5. In the event SPIDR Tech has marked or identified any records as containing Confidential Information, Customer will: (a) use its best efforts to give SPIDR Tech notice of a public records request or subpoena that seeks such Confidential Information, and (b) provide SPIDR Tech a reasonable time period under the circumstances to obtain an injunction to enjoin Customer from disclosing the requested Confidential Information to the party who has requested it. Regardless of another provision in the Agreement to the contrary, Customer will not assert on SPIDR Tech's behalf any exemption on the basis of the record's confidential or proprietary nature. SPIDR Tech agrees to hold the Customer harmless from any damages, claims, penalties, or attorney's fees that may be incurred by or assessed against the Customer and related to SPIDR Tech's pursuit of an injunction to enjoin the Customer's disclosure of the requested record. 11.6. Return or Destruction. Except as otherwise expressly provided in this Agreement, the Receiving Party will return to the Disclosing Party, or destroy or erase, the Disclosing Party's Confidential Information in tangible form, upon the termination of this Agreement; provided that (a) Receiving Party may retain a copy of Disclosing Party's Confidential Information solely for the purposes of tracking Receiving Party's rights and obligations hereunder with respect thereto, (b) Receiving Party may retain copies of Disclosing Party's Confidential Information solely to the extent required by law or by applicable professional standards which require such Party to retain copies of its working papers, and (c) Receiving Party may retain Disclosing Party's Confidential Information solely to the extent reasonably necessary for Receiving Party to exercise rights or perform obligations under this Agreement that survive such termination. 11.7. Feedback. Notwithstanding the above or anything to the contrary herein, to the extent that Customer at any time provides SPIDR Tech with any feedback or suggestions regarding the Service, including potential improvements or changes thereto (collectively, "Feedback"), the Feedback shall not be considered 17 of 20 Packet Pg. 118 sr�ior� Confidential Information of Customer, and SPIDR Tech shall be free to use, disclose, and otherwise exploit in any manner, the Feedback for any purpose. 12. Miscellaneous. 12.1. Compliance with Laws. Each Party shall comply with all laws, rules, regulations and ordinances applicable to its activities hereunder. 12.2. Hosting Providers. Customer acknowledges that the Service is hosted by third party hosting providers (the "Hosting Contractors"). SPIDR Tech may change its Hosting Contractors at any time. Customer's use of the Service is subject to any applicable restrictions imposed by the Hosting Contractors. Notwithstanding any other provision of this Agreement, SPIDR Tech shall not be liable for any problems, failures, defects or errors with the Service to the extent caused by the Hosting Contractors. Customer acknowledges that the fees payable for the Service reflect the fact that SPIDR Tech is not responsible for the acts and omissions of the Hosting Contractors. 12.3. Assignment. Neither party may assign this Agreement, or assign any of its rights or delegate any of its obligations under this Agreement, without the prior written consent of the non -assigning party, which consent shall not be unreasonably withheld. Any purported assignment or delegation in violation of this paragraph is null and void. This Agreement will bind and inure to the benefit of each Party's successor and permitted assigns. 12.4. Entire Agreement; Amendment. This Agreement (including the Sales Proposal attached hereto) contains the complete understanding and agreement of the Parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, oral or written, with respect thereto. No pre-printed terms on any purchase order, invoice or similar document issued in relation to this Agreement shall have any effect on the Parties or this Agreement. This Agreement may be amended or modified only by an express written agreement signed by duly authorized representatives of both Parties. 12.5. Notices. Unless otherwise specifically provided herein, all notices required or permitted by this Agreement shall be in writing and may be delivered personally, or may be sent by facsimile, overnight delivery or certified mail, return receipt requested, to the addresses provided in the Sales Proposal. 12.6. Force Majeure. Neither party shall be liable to the other for breach due to delay or failure in performance due to any force majeure event, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either Party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable technology or components, telecommunication breakdown, or power outage. 18 of 20 Packet Pg. 119 MSP1OR 12.6.1. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. 12.6.2. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extend and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. 12.7. Publicity. SPIDR Tech shall have the right to use Customer's name and logo on client lists published on SPIDR Tech's website and in marketing materials. SPIDR Tech may announce the relationship hereunder in a press release provided that SPIDR Tech obtains Customer's prior approval of the wording of the release (not to be unreasonably withheld). 12.8. Choice of Law. This Agreement is and will be governed by and construed under the laws of Washington USA, without giving effect to any conflicts of laws provision thereof or of any other jurisdiction that would produce a contrary result. The Parties hereby consent to the jurisdiction of any federal or state court located in the state of Washington for any claim or other proceeding related to this Agreement or their activities hereunder, and waive any objections of improper venue or inconvenient forum. 12.9. Injunctive Relief. Each Party acknowledges that its breach of any intellectual property or confidentiality obligations or restrictions herein (including any limitations or restrictions on use of the Service) will cause substantial harm to the other Party that could not be remedied by payment of damages alone. Accordingly, the other Party will be entitled to seek preliminary, temporary and permanent injunctive relief, and other equitable relief, for any such breach, without any requirement to post bond, in any court of competent jurisdiction. 12.10. Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise or employment relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. 12.11. Waiver. No waiver by either Party of any of the provision of this Agreement is effective unless explicitly set forth in writing and signed by such Party. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. 19 of 20 Packet Pg. 120 MSPIOR No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 12.12. Severability. If any provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or invalidate or render unenforceable such provision in any other jurisdiction. 12.13. Headings; Interpretation. Headings are provided for convenience only and will not be used to interpret the substance of this Agreement. Unless the intent is expressly otherwise in specific instances, use of the words "include," "includes," or "including" in this Agreement shall not be limiting and "or" shall not be exclusive. 12.14. Counterparts. This Agreement may be executed in two counterparts (which may be delivered by .pdf or other facsimile format acceptable to the Parties), each of which shall be an original and both of which taken together shall form one agreement. 20 of 20 Packet Pg. 121 SCHEDULE C EXHIBIT D INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Professional Liability insurance appropriate to the Consultant's profession. 3. Cyber Liability insurance. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Coverage may be in the form of an underlying GL policy combined with an Umbrella/Excess policy in order to meet the limits required. 2. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate limit. 3. Cyber Liability insurance shall be written with limits no less than $2,000,000 per occurrence N O O N L d U r J a. N J r- E L a� a c 0 U c E a Packet Pg. 122 SCHEDULE C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A NII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. N 0 0 N L d U r J a. N J 0 E L a� Q c 0 U r c a� E t v c� Q Packet Pg. 123 8.J KENT WASH IN G T O N DATE: April 20, 2021 TO: Kent City Council SUBJECT: Ordinance Amending Title 6 of the Kent City Code Relating to Street Banner Provisions - Adopt MOTION: Adopt Ordinance No. 4401, amending Title 6 of the Kent City Code by adopting a new chapter 6.17 establishing standards for street banners, pole banners and electronic messaging center signs, and also amending the provisions within Kent City Code 15.06.060 referencing banners. SUMMARY: This ordinance adopts a new chapter 6.17, setting up a legal framework to allow public service messages; announcements for community events; and announcements for events at city -owned facilities to be displayed on street banners hung across the City rights -of -way and on the City's electronic messaging center signs. In addition, these types of messages as well as art may be displayed upon pole banners on City -owned streetlights. This city -owned infrastructure is not a public forum, but rather a limited public forum. As such, these facilities may only be used for the particular purposes described in this ordinance. Specifically, street banners, pole banners, and electronic messaging center signs may only be used to display promotions for community events located in the City and sponsored by the City and/or a Kent - based nonprofit organization; promotions for tenants or events at a city -owned facility; and public service messages. Public service messages are those displayed by a governmental agency intended to protect and regulate the public health and safety or to convey information or news of interest to the general public. Any street or pole banners hung across the right-of-way or on streetlights must also meet specified technical requirements and must be installed by City staff. This helps ensure that the banners are professionally produced, meet safety standards, and do not create any confusion with traffic signals or signs. The Public Works Director, Street Manager and Communications Manager will all be involved in the approval of street and poles banners and the messaging on these banners and on the electronic messaging center sign. BUDGET IMPACT: None. Packet Pg. 124 8.J 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. Ordinance (PDF) 04/13/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM Packet Pg. 125 8.J.a ORDINANCE NO. 4401 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 6 of the Kent City Code by adopting a new chapter 6.17 establishing standards for the display of public service messages, events, and artwork on street banners, pole banners and electronic messaging center signs and also amending the provisions within Kent City Code 15.06.060 referencing banners. RECITALS A. The City desires to allow for the display of public service messages, announcements promoting events or tenants at city -owned facilities, and community events, on street banners hung from city -owned infrastructure across city rights -of -way, on city -owned infrastructure and on electronic messaging center signs. Additionally, the City would like to allow for the display of art on city -owned infrastructure, such as streetlights. B. The city -owned infrastructure and electronic messaging center signs upon which the street and pole banners may be hung are not open public forums. They are limited public forums that can be used only for the specific purposes described in this ordinance. C. This ordinance establishes minimum rules and regulations to safely allow for the display of street banners and pole banners and a process by which organizations and other applicants may apply for the display of 1 Adopt Chapter 6.17 KCC Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 W U r_ c L O a� U 2 a Packet Pg. 126 8.J.a street and pole banners and messages on the electronic messaging center signs. D. This ordinance also amends the references within KCC 15.06.060 to banners, specifying that pole and street banners are regulated within this new chapter 6.17. Additionally, the outdated term "wheelchair ramp" has been replaced with curb ramp in this same section. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - New Chapter. Title 6 of the Kent City Code is amended by adding a new chapter 6.17, entitled "Street banners, pole banners, and electronic messaging center signs standards," to read as follows: CHAPTER 6.17 STREET BANNERS, POLE BANNERS, AND ELECTRONIC MESSAGING CENTER SIGNS STANDARDS Sec.6.17.010. Purpose. A. The purpose of this chapter is to establish minimum rules and regulations to safely allow for the display of public service messages; 0 announcements promoting events or tenants at city -owned facilities; ti community events; and artwork on street banners hung from city -owned N infrastructure across city rights -of -way, on city -owned infrastructure, and on electronic messaging center signs. _ L 0 C c� E ci 2 Adopt Chapter 6.17 KCC Q Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 Packet Pg. 127 8.J.a B. The city -owned infrastructure and electronic messaging center signs upon which the street and pole banners are hung are not open public forums. They are limited public forums that can be used only for the specific purposes described in this chapter 6.17 KCC. Sec. 6.17.020. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. City -owned infrastructure means poles, street light standards, or other street -related appurtenances located in rights -of -way and owned by the city of Kent. B. City -sponsored means an organization that receives funding from the city; has a contractual relationship with the city; receives in -kind services from city staff; or the city of Kent is a member of the applying organization C. Communications manager means the city's communications manager or the manager's designee. D. Director means the city of Kent public works director, or designee. E. Electronic messaging center sign means a variable message sign that utilizes computer -generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or PDPs. F. Pole banner means a banner which is hung vertically from city -owned infrastructure in the right-of-way. 3 Adopt Chapter 6.17 KCC Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 W U c c L O a� E U 2 a Packet Pg. 128 8.J.a G. Public service message means a message posted and displayed by a governmental agency intended to protect and regulate the public health and safety or to convey information or news of interest to the general public H. Street banner means a sign composed of a durable, non -rigid material such as cloth or canvas which is hung above or across a right-of- way. I. Street manager means the department of public works street and vegetation manager, or designee. Sec. 6.16.030. General Requirements. A. Street banners, pole banners, and electronic messaging center signs may only be used to display: 1. Promotions for community events located in the city of Kent and sponsored by the city and/or a Kent -based nonprofit organization; 2. Promotions for tenants or events at a city -owned facility; and 3. Public service messages. Street banners and pole banners may also be used to display decorative images or public art. B. Organizations displaying on street banners, pole banners, and electronic messaging center signs may not discriminate in regard to race, creed, color, national origin, sex, religion, age, marital status, veteran 4 Adopt Chapter 6.17 KCC Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 Q Packet Pg. 129 8.J.a status, disability status, sexual orientation, or any other basis prohibited by federal, state, or local law. C. Promotions, public service messages and decorative images shall not: 1. Advertise products or services; 2. Contain political or campaign messaging or graphics; 3. Contain language that discriminates in regard to race, creed, color, national origin, sex, religion, age, marital status, veteran status, disability status, sexual orientation, or any other basis prohibited by federal, state, or local law; or 4. Contain corporate names or logos that exceed ten percent of the area of each side of the total banner area. D. Decorative images and art shall enhance the overall appearance, image, and design character of the street. Sec. 6.17.040. Standards. Street banners, pole banners, and messaging on the city's electronic messaging center signs shall comply with the standards as set forth in this Section. A. Street banners: 1. shall only be installed at pre -approved locations; 2. shall maintain minimum clearance of fifteen feet above all non - roadway right-of-way surfaces and twenty feet above all roadway surfaces; 5 Adopt Chapter 6.17 KCC Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 W U r_ c L O a� E U 2 a Packet Pg. 130 8.J.a 3. shall have a minimum size of three feet high by twenty-five feet wide and a maximum size of four feet high by thirty feet wide; 4. shall be manufactured or produced by a commercial banner company, not homemade; 5. shall have wind load slots or flaps; 6. shall have grommets spaced approximately every three feet along the top and bottom of the banner placed one-half inch to three- quarters inch from the center of the grommet to the finished edge. All four corner grommets must be reinforced so as not to rip; 7. shall limit the amount of text and the number of colors to avoid distracting drivers; 8. shall not create confusion with traffic signals or signs by including words on a banner such words as STOP, YIELD, SLOW, etc. Neither shall the banner contain icons of any traffic signaling, colorations or instructions; 9. shall not include internet addresses or e-mail addresses, including domain names and uniform resource locators (URL); 10. shall be printed on both sides; and W U 11. shall have graphics and message approved prior to being hung. _ L E V 6 Adopt Chapter 6.17 KCC Q Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 Packet Pg. 131 8.J.a B. Pole banners: 1. shall only be installed at pre -approved locations; 2. shall be eighteen inches wide by fifty-nine inches long; 3. shall be manufactured or produced by a commercial banner company, not homemade; 4. shall be printed on both sides; and 5. shall have graphics and message approved prior to being hung. C. Messaging on the city's electronic messaging center signs shall not contain video, animation, blinking or flashing messages or images, and shall not change message more than eight times per minute. Sec. 6.17.OSO. Priority Use for Street Banners, Pole Banners and Electronic Messaging Center Signs. The city of Kent, its programs and city -owned facilities have priority use of street banners, pole banners, and electronic messaging center signs. Other governmental, utility, or Kent- Q U based non-profit organizations working in partnership with the city will have use of city -owned infrastructure to display street banners, pole banners or o the use of the city's electronic messaging center sign on a prioritized space ti available basis as specified within this section 6.17.050 and in compliance N with section 6.17.060. U c c r E V 7 Adopt Chapter 6.17 KCC Q Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 Packet Pg. 132 8.J.a A. Priority 1. Emergency notifications; and the city of Kent, its departments, programs, committees, and events and tenants at city -owned facilities. B. Priority 2. Special districts, utilities and community -based non -profits organizations serving the city of Kent. C. Priority 3. Other public service messages. Sec. 6.17.060. Approval, Applications, and Fees. A. Approval required. No person shall install or cause to be installed a street banner, a pole banner, or electronic messaging center sign without approval in conformance with this chapter. Approval for street banners or pole banners shall be issued only upon approval by the director with concurrence from the street manager and communications manager. The communications manager is responsible for the approval of an application to display messaging on electronic messaging center signs. B. Application timing. Applications to install a street banner, pole banner or messaging on electronic messaging center signs must be submitted at least thirty days in advance of the installation and no more than six months prior to the proposed installation. C. Required information. 1. Organization name; U c L 2. Copy of IRS tax-exempt certificate; O a� E U 8 Adopt Chapter 6.17 KCC Q Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 Packet Pg. 133 8.J.a 3. Organization contact information; 4. Description and date of community event; text of public service message; or depiction of art work for pole banner(s); and 5. Proposed location for street banner or pole banner(s). D. Installation and Removal. 1. All street banners, pole banners, and messaging on electronic messaging center signs will be installed and removed by city staff, as directed by the street manager or the communications manager on a scheduled installation or removal date. The street manager will maintain a list of approved locations for street banner and pole banner installations, which may be updated at the City's sole discretion. 2. Street banners and pole banners shall be hung no more than one month in advance of a community event and city staff will remove street banners and pole banners approximately within three business days following the event. 3. Street banners and pole banners must be delivered to the City of Kent Public Works Department no later than five business days prior to the scheduled installation date. Street banners and pole banners received late will only be hung as workload allows. 4. Organizations must collect all street and pole banners within fourteen days of removal. Any banners remaining on or after the fifteenth = L day will be considered abandoned and disposed of by the City. o r a� E 9 Adopt Chapter 6.17 KCC Q Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 Packet Pg. 134 8.J.a 5. Fees for installation and removal of the street banners or pole banners by city staff will be charged at the staffs established billable rate plus the cost of any materials necessary for the installation or removal These fees shall be payable in advance. 6. Fees for use of the electronic messaging center signs will be charged at the established rate. Sec. 6.17.070. Administration. The communications manager is authorized to implement and administer this section and to develop a policy and procedures to implement and enforce this section. This policy may include, but is not limited to, setting forth additional priorities for applications to install a street banner or pole banner or display messaging on the city's electronic messaging center sign and to designate specific geographical areas within the city in which commercial and promotional advertising may be permitted on pole banners. Sec.6.17.O8O. Enforcement. A. Any street or pole banner installed without approval may be removed by City staff and destroyed if not claimed within seven calendar days. The owner of the street or pole banners will also be assessed the costs and expenses related to removal of the street or pole banner(s) by City staff. B. All other signs are prohibited for private purposes on any equipment, facilities and structures, including, but not limited to, power poles, telephone poles, street light standards, sign posts, trees, traffic controllers, markers, railings, bridges, overpasses, and public buildings. 10 Adopt Chapter 6.17 KCC Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 W U r- c L O r E V 2 a Packet Pg. 135 8.J.a SECTION 2. - Amendment - KCC 15.06.060. Section 15.06.060 of the Kent City Code, entitled "Regulations for public places and city right-of- way," is amended as follows: Sec. 15.06.060. Regulations for public places and city right- of-way. Signs may be placed on a public place without a permit only as follows: A. Portable signs. Portable signs as defined herein may be placed on a public place without a permit upon the following conditions: 1. The location of the sign shall not reduce or obstruct pedestrian passage on the sidewalk to less than four feet to the nearest street trees, utility poles, traffic control signs and devices, parking meters, fire hydrants, buildings and other similar devices and structures. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, heelcha'- curb ramp, bus, or taxi zone. 2. No portable signs shall be installed or placed upon power poles, telephone poles, street light standards, sign posts, trees, traffic controllers, markers, on any railing, fence, bridge, overpass, street, crosswalk, public building, or lawn or open area surrounding any public building. 3. No portable sign shall be placed within 10 feet of a driveway, heelehamr curb ramp, crosswalk, or intersection or placed or situated on a public place in such a way as to constitute a threat to the health, safety and welfare of the public or interfere with the use of the public place. Such signs shall not obstruct sight distance per KCC 15.06.040(D). 11 Adopt Chapter 6.17 KCC Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 W U r_ c L O a� E U 2 a Packet Pg. 136 8.J.a 4. Portable signs shall be installed so that the top of the sign does not exceed an elevation of 36 inches higher than the height of the sidewalk, bike path or walkway. Where these improvements do not exist, the 36-inch height limitation shall be measured from the highest edge of the street, alley or driveway. Signs may also not exceed a width of 36 inches and shall not be installed in locations where the width of the sign would impede safe travel. 5. Portable signs shall be constructed of weather -resistant wood, metal or plastic. Canvas, cardboard and paper signs are prohibited. 6. Attachment of paper, plastic, balloons, or cardboard to a sign is not permitted if such attachment extends the approved height or width of the sign. 7. Portable signs shall not be weighted down, or otherwise attached to public property in such a way as to resist impact by a traveling vehicle, bicycle or pedestrian. B. Banners. Street BanneFs.and pole banners may be placed on a publie plaeecity-owned infrastructure —only by approval pursuant to the provisions of this ehaptefchapter 6.17 of the Kent City Code. C. Other. All other signs are prohibited on public places for private purposes and on any equipment, facilities and structures located upon public ti places, including, but not limited to, power poles, telephone poles, street N light standards, sign posts, trees, traffic controllers, markers, railings, c bridges, overpasses, and public buildings. _ L O r E V 12 Adopt Chapter 6.17 KCC Q Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 Packet Pg. 137 8.J.a D. Removal. Owners of signs and banners displayed for temporary events shall be responsible for their removal within seven calendar days following the last date of the event or the activity for which the signs were displayed. Signs that are faded, torn, broken or otherwise in a state of disrepair shall be removed by the owner immediately. SECTION 3. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. - Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK April 20, 2021 Date Approved April 20, 2021 Date Adopted April 23, 2021 Date Published 13 Adopt Chapter 6.17 KCC Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 Q Packet Pg. 138 8.J.a APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY 14 Adopt Chapter 6.17 KCC Street Banners, Pole Banners and Electronic Messaging Center Signs and amend KCC 15.06.060 Packet Pg. 139 8.K KENT WASH IN G T O N DATE: April 20, 2021 TO: Kent City Council SUBJECT: Vision/Mission/Goals/Values Update — Resolution — Adopt MOTION: Adopt Resolution No. 2024, updating the city's vision, mission, goals, and values. SUMMARY: The City Council reviewed the city's vision, mission, goals, and values at its retreat on February 6, 2021. The council asked staff to update the Sustainable Services goal to add regional advocacy and update the Inclusive Community goal to add the concepts of equitable policies/practices/services, celebration of diversity, and justice. The Cultural Communities Board discussed the Inclusive Community goal at its February and March meetings. The board considered these concepts and made a recommendation that is reflected in the attached draft resolution. The two updated goals would read as follows: Sustainable Services: Providing quality services through responsible financial management, economic growth, regional advocacy, and partnerships. Inclusive Community: Embracing our diversity and advancing social justice through equitable community engagement, transformative policy, innovative service delivery, and accountability. BUDGET IMPACT: SUPPORTS STRATEGIC PLAN GOAL: 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: Packet Pg. 140 8.K 1. Strategic Framework Resolution (PDF) 04/13/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM Packet Pg. 141 8.K.a RESOLUTION NO. 2024 A RESOLUTION of the city council of the City of Kent, Washington, amending the City's vision, mission, goals and values. RECITALS A. On October 18, 2016, the city council passed Resolution No. 1936 which set forth a Strategic Plan for the City. B. On June 19, 2018, the city council passed Resolution No. 1970 which set forth the City's Strategic Framework to provide direction and guidance to the City's elected officials and city employees as they prioritize, schedule, and complete their work for the City C. Recently, the mayor and city council reviewed the City's vision, mission, goals and values to ensure they align with those of the current administration and council. D. The purpose of this resolution is to amend the City's Strategic Framework to ensure it aligns with the strategies of the current administration and council. 1 Resolution - Strategic Framework a Packet Pg. 142 8.K.a NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Strategic Framework. The Kent City Council adopts the following Strategic Framework setting forth the City's vision, mission, goals and values in order to provide direction and guidance to the City's elected officials and city employees as they prioritize, schedule, and complete their work for the City. Vision Where people choose to live and businesses change the world. Mission The City of Kent is committed to building a safe, thriving, sustainable, and inclusive community. Goals • Thriving City: Creating safe neighborhoods, healthy people, c vibrant commercial districts, and inviting parks and recreation. c N N • Evolving Infrastructure: Connecting people and places Y L through strategic investments in physical and technological infrastructure. M- L U- • Inclusive Community: Embracing our diversity and advancing .2 a� social justice through equitable community engagement, M- U) transformative policy, innovative service delivery, and c a� accountability. E �a • Innovative Government: Delivering outstanding customer a service, developing leaders, and fostering innovation. 2 Resolution - Strategic Framework Packet Pg. 143 8.K.a • Sustainable Services: Providing quality services through responsible financial management, economic growth, regional advocacy, and partnerships. Values • Integrity: Do the Right Thing. • Carina: Care for Those We Serve. • Communication: Connect to Understand. • Teamwork: Work Together. • Innovation: Find a Way. • Achievement: Be the Difference. SECTION 2. - Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including but not limited to the correction of clerical errors, and resolution, section, or subsection numbering. SECTION 3. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY 3 April 20, 2021 Date Approved April 20, 2021 Date Adopted Resolution - Strategic Framework a Packet Pg. 144 8.L KENT WASH IN G T O N DATE: April 20, 2021 TO: Kent City Council SUBJECT: LTAC Grant to the City of Kent Economic and Community Development for Contract with JayRay for Tourism Promotion Campaign, Visit Kent - Authorize SUMMARY: In light of reduced revenues due to travel restrictions imposed to combat the spread of Covid-19, and anticipating that the travel sector of our economy is not likely to begin a robust recovery until late in 2021, we propose to renew our contract with JayRay for basic maintenance and upkeep of our established tourism promotion campaign, Visit Kent, established in 2017 and built in partnership with JayRay. A detailed scope of services provided under the proposed agreement is attached to this agenda. BUDGET IMPACT: Additional $85,000 in revenue (from the Lodging Tax Fund) and expenditure of the funds by the Economic and Community Development Department, funding a contract with JayRay. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Visit Kent 2021 Budget UPDATED_JayRay_3-9-21 (PDF) 04/13/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 4/20/2021 7:00 PM Packet Pg. 145 VOA KentO WASHINGTON Visit Kent 2021 TOURISM PROGRAM PROPOSAL March 9, 2021 8.L.a JAYRAY A PLACE TO THINK Branding I Advertising I Strategic C—muni—ti—, 535 DOCK STREET SUITE 205 TACOMA, WA 98402 253.627.9128 1— 253.627.6548 SERVICES (Hosting, Maintenance & Content) Perform website maintenance and content updates to include events calendar, hotel/business listings, travel BudgetWEBSITE advisories, homepage banners, packages & deals and one blog per quarter (4) Annual hosting, domain, software and plug-in subscriptions *These are third -party costs not controlled by jayRay. Budget reflects current pricing Annual technical support plan includes resolution of bugs/errors, uptime monitoring, fast website restore (when down), necessary theme and plug-in updates SUBTOTAL $ 13,875 SOCIAL Write social media content and post 3 times per week on Instagram and Facebook; leverage hotels packages and deals content Community management and engagement on Instagram and Facebook (schedule/post content, grow followers, respond to posts and proactively engage, upload events, curate photos from followers) Ad allowance for boosted posts on social media to grow page followers, increase reach and drive visits to hotels and basecamp webpages on VisitKent.com $1,200 SUBTOTAL $ 16,675 MARKETING SERVICES Update and grow Kent Food Trails (reach out to businesses to confirm participation, add listings to website and Budget Food Trails map based on feedback in 2020: more restaurants would like to participate!) Develop seasonal overnight trip/hotel campaign with contest sweepstakes (includes creative brief, two concepts, digital ads, graphic design, landing page) Create seasonal animated gifs (affordable approach for video -like content) to reach and engage target markets through social media (determine 4 quarterly themes in advance) Media buy plan (recommendation for ad placements) and advertising allowance to promote an overnight trip/ affordable lodging in Kent $ 26,000 Sweepstakes coordination and allowance for overnight trip campaign (provides a strong call-to-action/incentive) $ 1,200 SUBTOTAL $ 40,730 RELATIONSMEDIA Develop PR editorial calendar with quarterly themed stories (3) including content that promotes overnight trips Craft media pitches/press releases (3) and send story ideas to targeted media. Includes development of media list and media -follow-up. Leverage past story pitches and recent attendance/media contacts made at Travel & Words Media Show to send stories to those who are now familiar with Kent as a travel destination. Cision media database subscription (media lists, coverage monitoring) $ 1,000 Media hosting allowance (to cover PR/travel writers overnight stays in hotels) $ 1,200 SUBTOTAL $ 8,330 PROJECT Develop project work plans, track goals and provide quarterly reports (4) of services provided and annual report Quarterly project status calls (4) with client SUBTOTAL $ 5,390 TOTAL 2021 BUDGET: $ 85,000 7xx 7xx x x x x 7x 7x x x x x x x x x x x x x x x x x x x 777 Packet Pg. 146 10.A KENT WASH IN G T O N DATE: April 20, 2021 TO: Kent City Council SUBJECT: South 212th Street Preservation — 72nd Avenue South to 84th Avenue South (East Valley Highway) Bid - Award MOTION: Award the South 2121h Street Preservation - 72nd Avenue South to 84t" Avenue South (East Valley Highway) Project Bid to Lakeside Industries, Inc. in the amount of $1,859,868.10 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The project consists of a grind and overlay of the pavement on South 212th Street from the concrete pavement at 72nd Avenue South to 84th Avenue South (East Valley Highway). This project will also include curb ramp upgrades and driveway repairs to comply with Americans with Disabilities Act requirements. The bid opening for the South 212th Street Preservation - 72nd Avenue South to 84th Avenue South (East Valley Highway) Project was held on April 13, 2021 with three bids received. The lowest responsible and responsive bid was submitted by Lakeside Industries, Inc. in the amount of $1,859,868.10. Bid Tab Summary 01. Lakeside Industries, Inc. $1,859,868.10 02. Tucci & Sons, Inc. $1,893,753.25 03. ICON Materials $1,976,062.37 BUDGET IMPACT: This project received a grant from the Puget Sound Regional Council for $1.4 million and the remaining funds will come from the City's B&O taxes. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 147 10.A ATTACHMENTS: 1. 212th St Preservation Bid Tab (PDF) Packet Pg. 148 10.A.a S. 212th St. Preservation - 72nd Ave. S. to 1 2 3 84th Ave. S. (East Valley Highway) vi Bid Opening: April 13, 2021, 10:00 AM Lakeside Industries, Inc. Tucci & Sons, Inc. ICON Materials Engineer's Estimate j 18808 SE 256th St. 4224 Waller Rd. 1508 Valentine Ave. SE Drew Holcomb Q Disclaimer: These preliminary bid results are provided as a convenience to Covington, WA 98042 Tacoma, WA 98443-5895 Pacific, WA 98047-2103 contractors for informational purposes only and do not identify lowest 00 responsible bidder. Bid review by staff and final award pending. O TOTAL $1,859,868.10 $1,893,753.25 $1,976,062.37 $2,277,145.75 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL 0 NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT Q SCHEDULE I: STREET -a 1000 Mobilization 1 LS 178,000.00 $178,000.00 169,000.00 $169,000.00 110,000.00 $110,000.00 170,000.00 $170,000.00 N 1010 Remove Existing Asphalt Concrete Pavement 150 SY 25.00 $3,750.00 12.00 $1,800.00 24.25 $3,637.50 45.00 $6,750.00 ti 1015 Remove Existing Reinforced Cement Concrete 430 SY 42.00 $18,060.00 7.50 $3,225.00 32.50 $13,975.00 60.00 $25,800.00 Drivewav/Pavement 0 1020 Remove Cement Concrete Sidewalk 380 SY 37.00 $14,060.00 5.00 $1,900.00 34.00 $12,920.00 45.00 $17,100.00 1025 Remove Cement Concrete Curb and Gutter 880 LF 15.00 $13,200.00 3.50 $3,080.00 7.00 $6,160.00 9.00 $7,920.00 y 1035 Removal of Traffic Islands and/or Traffic Curb 24 LF 20.00 $480.00 40.00 $960.00 6.00 $144.00 10.00 $240.00 1045 Removal of Traffic Signs 1 EA 300.00 $300.00 175.00 $175.00 39.50 $39.50 1,000.00 $1,000.00 N 1050 Saw Cut Existing Asphalt Concrete Pavement 500 LF 3.25 $1,625.00 3.00 $1,500.00 4.50 $2,250.00 5.00 $2,500.00 IL 1055 Saw Cut Existing Cement Concrete Sidewalk/Gutter 70 LF 17.50 $1,225.00 3.00 $210.00 11.00 $770.00 12.00 $840.00 1060 Roadway Excavation Incl. Haul 100 CY 50.00 $5,000.00 25.00 $2,500.00 45.50 $4,550.00 65.00 $6,500.00 U) 1075 Gravel Borrow, Including Haul and Compaction 50 TON 15.00 $750.00 20.00 $1,000.00 23.00 $1,150.00 70.00 $3,500.00 1080 Crushed Surfacing Top Course, 5/8 Inch Minus 200 TON 25.00 $5,000.00 25.00 $5,000.00 32.00 $6,400.00 65.00 $13,000.00 04 1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 30 TON 25.00 $750.00 25.00 $750.00 27.00 $810.00 65.00 $1,950.00 N 1095 HMA Class 1/2",PG 58V-22 2,100 TON 85.00 $178,500.00 92.00 $193,200.00 97.00 $203,700.00 100.00 $210,000.00 1100 HMA Class 1/2" for Full Width Overlay, PG 58V-22 4,500 TON 85.00 $382,500.00 87.00 $391,500.00 97.00 $436,500.00 95.00 $427,500.00 1105 Asphalt Cost Price Adjustment 1 CALC 35,000.00 $35,000.00 35,000.00 $35,000.00 35,000.00 $35,000.00 32,000.00 $32,000.00 r- 1110 Planing Bituminous Pavement, 2 Inch Thick 33,000 SY 2.50 $82,500.00 3.30 $108,900.00 3.90 $128,700.00 5.00 $165,000.00 N 1115 Additional Planing Bituminous Pavement, 2 Inch Thick 16,000 SY 3.25 $52,000.00 5.00 $80,000.00 4.70 $75,200.00 6.00 $96,000.00 v 1120 Work within UPRR Right of Way 1 LS 42,500.00 $42,500.00 20,000.00 $20,000.00 24,500.00 $24,500.00 51,000.00 $51,000.00 R 1121 Work within BNSF Right of Way 1 LS 42,500.00 $42,500.00 20,000.00 $20,000.00 25,400.00 $25,400.00 51,000.00 $51,000.00 1122 BNSF Railroad Flagging 1 FA 19,000.00 $19,000.00 19,000.00 $19,000.00 19,000.00 $19,000.00 19,000.00 $19,000.00 1125 Hot Plant Mix for Temporary Pavement Patch 200 TON 100.00 $20,000.00 75.00 $15,000.00 57.00 $11,400.00 200.00 $40,000.00 m 1145 Cement Concrete Sidewalk 210 SY 40.00 $8,400.00 50.00 $ 10,500.00 41.50 $8,715.00 80.00 $16,800.00 0 p 1150 Cement Concrete Sidewalk, 8Inch Depth 25 SY 80.00 $2,000.00 175.00 $4,375.00 47.00 $1,175.00 120.00 $3,000.00 1170 Cement Concrete Sidewalk Ramp Type Parallel A 4 EA 3,500.00 $14,000.00 3,000.00 $12,000.00 2,400.00 $9,600.00 3,000.00 $12,000.00 1180 Cement Concrete Driveway, 8Inch Depth, Reinforced 430 SY 75.00 $32,250.00 60.00 $25,800.00 46.00 $19,780.00 130.00 $55,900.00 N 1205 Cement Concrete Curb and Gutter 500 LF 25.00 $12,500.00 30.00 $15,000.00 30.00 $15,000.00 50.00 $25,000.00 1207 Cement Concrete Curb and Gutter, 8 Inch Depth, 380 LF 28.00 $10,640.00 40.00 $15f200.00 42.50 $16,150.00 55.00 $20f900.00 d Reinforced In 1210 Precast Concrete Sloped Mountable Curb 10 LF 85.00 $850.00 60.00 $600.00 56.00 $560.00 115.00 $1,150.00 1211 Cement Concrete Extruded Curb, Type 4 30 LF 35.00 $1,050.00 55.00 $1,650.00 50.00 $1,500.00 45.00 $1,350.00 t N 1220 Detectable Warning Surface 350 SF 75.00 $26,250.00 25.00 $8,750.00 20.00 $7,000.00 45.00 $15,750.00 N 1221 Detectable Directional Striping 60 LF 80.00 $4,800.00 35.00 $2,100.00 50.00 $3,000.00 70.00 $4,200.00 1235 Adjust Existing Monitoring Well Lid to Finished Grade 1 EA 500.00 $500.00 900.00 $900.00 668.00 $668.00 800.00 $800.00 1241 Non-skid Type 1 Junction Box Frame and Cover 8 EA 800.00 $6,400.00 850.00 $6,800.00 891.00 $7,128.00 900.00 $7,200.00 1242 Non-skid Type 2 Junction Box Frame and Cover 2 EA 1,000.00 $2,000.00 1,050.00 $2,100.00 1,114.00 $2,228.00 1,100.00 $2,200.00 t 1243 Non-skid Type 8 Junction Box Frame and Cover 3 EA 2,000.00 $6,000.00 2,100.00 $6,300.00 2,229.00 $6,687.00 2,300.00 $6,900.00 v tC 1245 Install New Riser for Monument's Case and Cover to 13 EA 30.00 $390.00 950.00 $12,350.00 668.00 $8,684.00 1,000.00 $13,000.00 Q Finished Grade 1250 Replace Existing Valve Box Top Section and Lid and 29 EA 425.00 $12,325.00 1,050.00 $30,450.00 819.00 $23,751.00 850.00 $24,650.00 Adiust to Finished Grade Packet Pg. 1479 1315 Pothole Utilities 10 EA 100.00 $1,000.00 200.00 $2,000.00 11.00 $110.00 300.00 $3,000.00 10.A.a S. 212th St. Preservation - 72nd Ave. S. to 1 2 3 84th Ave. S. (East Valley Highway) vi Bid Opening: April 13, 2021, 10:00 AM Lakeside Industries, Inc. Tucci & Sons, Inc. ICON Materials Engineer's Estimate j 18808 SE 256th St. 4224 Waller Rd. 1508 Valentine Ave. SE Drew Holcomb Q Disclaimer: These preliminary bid results are provided as a convenience to Covington, WA 98042 Tacoma, WA 98443-5895 Pacific, WA 98047-2103 contractors for informational purposes only and do not identify lowest 00 responsible bidder. Bid review by staff and final award pending. O TOTAL $1,859,868.10 $1,893,753.25 $1,976,062.37 $2,277,145.75 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL 0 NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1320 Project Sign 2 EA 750.00 $1,500.00 500.00 $1,000.00 700.00 $1,400.00 1,500.00 $3,000.00 Q 1335 Watering 50 HR 150.00 $7,500.00 60.00 $3,000.00 11.00 $550.00 100.00 $5,000.00 -O C N SCHEDULE I TOTAL $1,247,055.00 $1,234,575.00 $1,255,892.00 $1,570,400.00 ti I SCHEDULE IV: STORM SEWER O O 4110 Adjust Existing Manhole Cover to Finished Grade 5 EA 500.00 $2,500.00 750.00 $3,750.00 919.00 $4,595.00 750.00 $3,750.00 4120 Replace Existing Rectangular Frame and Cover with 7 EA 800.00 $5,600.00 1,100.00 $7,700.00 1,404.00 $9,828.00 1,400.00 $9,800.00 Round Frame and Cover O 4130 Replace Existing Manhole Lid and Adjust to Finished 2 EA 600.00 $1,200.00 1,100.00 $2,200.00 1,404.00 $2,808.00 1,000.00 $2,000.00 y Grade a SCHEDULE IV TOTAL $9,300.00 $13,650.00 $17,231.00 $15,550.00 U) t SCHEDULE V: TRAFFIC CONTROL N 5005 Flaggers 2,700 HR 60.00 $162,000.00 65.00 $175,500.00 76.00 $205,200.00 75.00 $202,500.00 N 5015 Traffic Control Supervisor 1 LS 60,000.00 $60,000.00 50,000.00 $50,000.00 57,062.00 $57,062.00 56,000.00 $56,000.00 5020 Other Temporary Traffic Control 1 LS 25,000.00 $25,000.00 45,000.00 $45,000.00 20,983.00 $20,983.00 15,000.00 $15,000.00 5025 Uniformed Off -Duty Police Officer 350 HR 125.00 $43,750.00 105.00 $36,750.00 111.00 $38,850.00 110.00 $38,500.00 5030 Portable Changeable Message Sign 1,920 HR 3.50 $6,720.00 7.00 $13,440.00 7.00 $13,440.00 7.00 $13,440.00 N 5035 Sequential Arrow Sign 3,600 HR 2.00 $7,200.00 3.50 $12,600.00 8.25 $29,700.00 3.00 $10,800.00 5080 Temporary Pavement Marking - Short Duration 53,000 LF 0.25 $13,250.00 0.15 $7,950.00 0.25 $13,250.00 0.25 $13,250.00 5090 Raised Pavement Marker Type 2 10.1 HUND 450.00 $4,545.00 475.00 $4,797.50 500.00 $5,050.00 500.00 $5,050.00 5100 Profiled Plastic Skip Lane Line 9,000 LF 0.56 $5,040.00 0.92 $8,280.00 0.83 $7,470.00 0.70 $6,300.00 z_3 5105 Profiled Plastic Double Yellow Center Line 1,200 LF 2.80 $3,360.00 4.00 $4,800.00 4.20 $5,040.00 3.00 $3,600.00 m 5110 Profiled Plastic Two Way Left Turn Line 4,100 LF 2.30 $9,430.00 2.75 $11,275.00 2.50 $10,250.00 3.00 $12,300.00 0 5112 Profiled Plastic Wide Line 7,300 LF 3.50 $25,550.00 3.25 $23,725.00 3.50 $25,550.00 3.25 $23,725.00 5113 Single Solid Plastic Edge Line 1,450 LF 1.30 $1,885.00 2.25 $3,262.50 2.00 $2,900.00 1.75 $2,537.50 R y 5115 Plastic Stop Line, 24 Inch Wide 580 LF 7.00 $4,060.00 6.75 $3,915.00 7.00 $4,060.00 8.00 $4,640.00 5119 Plastic Green Bike Lane 1,200 SF 9.50 $11,400.00 10.75 $12,900.00 10.00 $12,000.00 10.00 $12,000.00 N N 5120 Plastic Crosswalk Line 1,100 SF 5.00 $5,500.00 6.00 $6,600.00 6.25 $6,875.00 6.00 $6,600.00 d 5121 Plastic Bicycle Lane Symbol 26 EA 150.00 $3,900.00 325.00 $8,450.00 223.00 $5,798.00 200.00 $5,200.00 5122 Plastic Bicycle Detector Pavement Marking 3 EA 150.00 $450.00 250.00 $750.00 251.00 $753.00 200.00 $600.00 5123 Plastic HOV Lane Symbol 24 EA 150.00 $3,600.00 160.00 $3,840.00 140.00 $3,360.00 200.00 $4,800.00 N 5125 Plastic Traffic Arrow 20 EA 150.00 $3,000.00 150.00 $3,000.00 156.00 $3,120.00 200.00 $4,000.00 5130 Plastic Traffic Letter 54 EA 90.00 $4,860.00 70.00 $3,780.00 56.00 $3,024.00 100.00 $5,400.00 N 5132 Painting Traffic Curb 1,100 LF 1.00 $1,100.00 2.00 $2,200.00 2.00 $2,200.00 1.25 $1,375.00 5133 Traffic Pylon 1 EA 100.00 $100.00 160.00 $160.00 167.00 $167.00 1,000.00 $1,000.00 O 5135 Traffic Signs, Including Foundation 5 EA 850.00 $4,250.00 750.00 $3,750.00 933.00 $4,665.00 1,000.00 $5,000.00 t 5136 Traffic Signs 11 EA 850.00 $9,350.00 275.00 $3,025.00 933.00 $10,263.00 850.00 $9,350.00 v M 5140 Plastic Railroad Crossing Symbol 15 EA 750.00 $11,250.00 800.00 $12,000.00 658.00 $9,870.00 850.00 $12,750.00 Q 5150 Referencing Existing Pavement Markings 1 LS 7,950.00 $7,950.00 8,000.00 $8,000.00 8,858.00 $8,858.00 8,000.00 $8,000.00 SCHEDULE V TOTAL $438,500.00 $469,750.00 $509,758.00 $483,717.50 Packet P9,15701 10.A.a S. 212th St. Preservation - 72nd Ave. S. to 1 2 3 84th Ave. S. (East Valley Highway) v; Bid Opening: April 13, 2021, 10:00 AM Lakeside Industries, Inc. Tucci & Sons, Inc. ICON Materials Engineer's Estimate j 18808 SE 256th St. 4224 Waller Rd. 1508 Valentine Ave. SE Drew Holcomb a Disclaimer: These preliminary bid results are provided as a convenience to Covington, WA 98042 Tacoma, WA 98443-5895 Pacific, WA 98047-2103 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. 00 O TOTAL $1,859,868.10 $1,893,753.25 $1,976,062.37 $2,277,145.75 rr ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL 07 NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT a SCHEDULE VI: ELECTRICAL -a 6010 6 Foot Diameter Traffic Loop 81 EA 1,000.00 $81,000.00 1,100.00 $89,100.00 1,226.00 $99,306.00 1,250.00 $101,250.00 � N 6015 Bicycle Detector Loops 3 EA 700.00 $2,100.00 750.00 $2,250.00 780.00 $2,340.00 800.00 $2,400.00 6020 Stub -out to Existing Junction Box 8 EA 100.00 $800.00 200.00 $1,600.00 223.00 $1,784.00 250.00 $2,000.00 6025 Additional Lead -In Wire 800 LF 5.00 $4,000.00 5.50 $4,400.00 6.00 $4,800.00 6.00 $4,800.00 0 O 6030 Home Run Cable 1 LS 10,000.00 $10,000.00 10,800.00 $10,800.00 11,142.00 $11,142.00 14,000.00 $14,000.00 6035 Pedestrian Pushbutton (PPB) Post 4 EA 3,000.00 $12,000.00 3,250.00 $13,000.00 3,343.00 $13,372.00 3,500.00 $14,000.00 6040 Pedestrian Pushbutton(APS) 6 EA 1,000.00 $6,000.00 1,050.00 $6,300.00 1,114.00 $6,684.00 1,100.00 $6,600.00 d 6045 Countdown LED Pedestrian Head (Type D Mount) 2 EA 800.00 $1,600.00 875.00 $1,750.00 891.00 $1,782.00 900.00 $1,800.00 d 6050 Countdown LED Pedestrian Head (Type E Mount) 8 EA 900.00 $7,200.00 975.00 $7,800.00 1,003.00 $8,024.00 1,000.00 $8,000.00 d SCHEDULE VI TOTAL $124,700.00 $137,000.00 $149,234.00 $154,850.00 r 07 t N SCHEDULE VII: TEMPORARY EROSION & SEDIMENTATION CONTROL r 7000 Seeding, Fertilizing, and Mulching 100 SY 10.00 $1,000.00 25.00 $2,500.00 7.50 $750.00 4.00 $400.00 N 7005 Topsoil Type A 50 CY 40.00 $2,000.00 50.00 $2,500.00 81.00 $4,050.00 100.00 $5,000.00 7015 Inlet Protection 40 EA 75.00 $3,000.00 50.00 $2,000.00 38.00 $1,520.00 125.00 $5,000.00 7020 Straw Mulch 100 SY 6.00 $600.00 1.00 $100.00 9.00 $900.00 5.00 $500.00 7025 Clear Plastic Covering 100 SY 3.00 $300.00 1.00 $100.00 4.00 $400.00 4.00 $400.00 N 7030 ESC Lead 50 HR 10.00 $500.00 5.00 $250.00 93.00 $4,650.00 75.00 $3,750.00 7040 Street Cleaning 50 HR 170.00 $8,500.00 150.00 $7,500.00 166.00 $8,300.00 180.00 $9,000.00 7050 SPCC Plan 1 LS 1,000.00 $1,000.00 250.00 $250.00 223.00 $223.00 5,000.00 $5,000.00 7055 Erosion/Water Pollution Control 1 FA 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 '0 m SCHEDULE VII TOTAL $36,900.00 $35,200.00 $40,793.00 $49,050.00 O SCHEDULE VIII: PRIVATE UTILITIES - NON -ELIGIBLE 8250 Grind Around Manhole 1 LS 100.00 $100.00 1,000.00 $1,000.00 108.00 $108.00 1,000.00 $1,000.00 d 8255 Adjust Existing Metro Manhole to Finished Grade 3 EA 1,000.00 $3,000.00 750.00 $2,250.00 919.00 $2,757.00 750.00 $2,250.00 IL SUB TOTAL $3,100.00 $3,250.00 $2,865.00 $3,250.00 10.1% SALES TAX $313.10 $328.25 $289.37 $328.25 t SCHEDULE VIII TOTAL $3,413.10 $3,578.25 $3,154.37 $3,578.25 N N SUMMARY: SCHEDULE I TOTAL $1,247,055.00 $1,234,575.00 $1,255,892.00 $1,570,400.00 SCHEDULE IV TOTAL $9,300.00 $13,650.00 $17,231.00 $15,550.00 d SCHEDULE V TOTAL $438,500.00 $469,750.00 $509,758.00 $483,717.50 SCHEDULE VI TOTAL $124,700.00 $137,000.00 $149,234.00 $154,850.00 M SCHEDULE VII TOTAL $36,900.00 $35,200.00 $40,793.00 $49,050.00 Q SCHEDULE VIII TOTAL $3,413.10 $3,578.25 $3,154.37 $3,578.25 CONSTRUCTION CONTRACT TOTAL $1,859,868.10 $1,893,753.25 $1,976,062.37 $2,277,145.75 Packet Pg. 551