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
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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
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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
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• 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.
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• Began work on a comprehensive ordinance
to reorganize the Kent City Code and its
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structure of appointed boards and
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commissions to incorporate the goals
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raised by Council during its retreat earlier
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this year.
• Drafted a revised administrative policy for
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staff review concerning the City's use and
acceptance of electronic signatures.
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• Finalized easement negotiations with the
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Lake Meridian Water District for its
construction of a new well and well
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facilities at Sun Meadows Park.
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• Continued to assist the Clerk's office with
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public records requests as needed, and
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Public Works, ECD, IT and Parks with a
number of high priority contracts and
development projects, including property
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rights and access issues involving Naden
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Avenue.
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• Assisted the Clerk's Office in preparing the
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agenda for the City Council meetings and
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Committee of the Whole meetings.
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• Assisted the HR Department in a number of
sensitive employment and labor related
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matters.
Recreation and Cultural Services
• Staff are in the third week of a sold -out
Junior All-stars sports program. Sixteen
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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
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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
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and the suspect left. Shortly after, the
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house got shot up and a car was heard
leaving. It returned and a few more shots
were heard. There were no injuries. The
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suspect is a 22-year-old male. Detectives
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are investigating.
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• On April 5, at 4:35 pm, a call was placed to
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911 both by the male shooter and the
female victim. A conversation was
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overheard about the presence of a gun and
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then a hang up. Shortly after, we received
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a call that the female had been shot.
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Officers arrived and detained the shooter
right outside Alderbrook Apartments. He
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stated he had shot the female after a
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dispute over a parking stall escalated to
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the point she attacked him with two knives
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she took out of the kitchen. The victim
sustained at least two gunshot wounds.
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She was transported to Harborview in
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critical condition. Detectives are
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investigating.
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• On April 6, at 6:20 pm, a male was found
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face down in a stairwell. Kent Fire and
Medic-1 responded, and he was
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pronounced deceased. The male had an
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ankle monitor, loaded .357 handgun and
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$2,300.00+ cash on his person. Detectives
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responded and learned the male was
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headed to sell a gun. Medical Examiner's
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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
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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):
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Apply -A -Line striping crews scheduled to
complete new roadway and parking lot
striping. Totem Electric working to
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complete 76t" intersection wiring. Ribbon
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cutting ceremony held at 11 AM last
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Thursday (4/15). Bridge opened to traffic
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following event!
Before construction renderin
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Almost com
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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
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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
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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
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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
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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
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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
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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
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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
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charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)
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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.
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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
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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.
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C. Card Payment Program. The Consultant may elect to participate in automated credit card
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payments provided for by the City and its financial institution. This Program is provided as an
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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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
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• 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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department,
beard, be deemed
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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.
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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
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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
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EXHIBIT A
City Council Bylaws
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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.
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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
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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.
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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
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council meeting remotely shall be on a first come first served basis. o
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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
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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
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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
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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.
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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
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ordered by a majority of the council, referred by a council committee, requested o
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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
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approved by the council at a regular or special meeting of the council shall be
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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.
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Article IV — COUNCIL COMMITTEES o
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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
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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
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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,
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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
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committee shall be established by the committee chair in consultation with o
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committee members and assigned staff during a committee meeting. Committee
meeting dates, times, and locations shall be posted on the City's website.
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Meetings of the committees may be cancelled, or special meetings scheduled, by W
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agendas shall be established at the direction of or by approval of the committee o
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chair; provided, two or more council members or the council president may place
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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.
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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
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committee member may remotely attend other committee meetings. o
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meeting remotely, the committee chair shall designate a committee
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official committee materials available during the meeting, shall be
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able to be viewed by others during the meeting in real time, and shall
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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
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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
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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
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councilmembers described in this section. The availability of o
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attending a particular council workshop remotely shall be on a first
come first served basis.
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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
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the meeting as if physically in attendance at the meeting. A
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councilmember who only observes the meeting remotely without
complying with the above requirements will not be deemed in
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councilmember to ensure compliance with this section. If during the E
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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
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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.
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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
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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
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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
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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
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to automatically generate and send customized text and email messages to victims of
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crime and reporting parties. Subsequently, customers will receive mobile -friendly
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surveys comprised of questions chosen by your agency that can be utilized to measure
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community trust and satisfaction.
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The platform offered in this proposal is entirely Software -as -a -Service (SaaS) and
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requires no hardware to be installed locally with the agency. The software can be
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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.
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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
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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.
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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
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For Marsy's Law Plalm Bill of Fights] Infomao on, please click Left.
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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.
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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
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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
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can decrease the amount of administrative effort required by your agency while raising
the bar for customer service.
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Seatt la Police [Depattma nt Victim Services Survey
Did the police respond in a timely manner in regard to your report?
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0 High quality
0 Neither hig9 nor low quality
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Overall. haw do you feel about t he Smttle Pollee Department?
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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.
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MSPIOR
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Multi -Lingual Functionality
Monterey Park
POLICE
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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. _
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2 Adopt Chapter 6.17 KCC Q
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 15.06.060
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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
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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
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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
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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
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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
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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
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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
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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 =
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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
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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
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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
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light standards, sign posts, trees, traffic controllers, markers, railings, c
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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
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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
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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:
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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
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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
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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
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• Evolving Infrastructure: Connecting people and places Y
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through strategic investments in physical and technological
infrastructure. M-
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• Inclusive Community: Embracing our diversity and advancing .2
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• Innovative Government: Delivering outstanding customer a
service, developing leaders, and fostering innovation.
2 Resolution -
Strategic Framework
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• 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
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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
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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.
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10.A
ATTACHMENTS:
1. 212th St Preservation Bid Tab (PDF)
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S. 212th St. Preservation - 72nd Ave. S. to
1
2
3
84th Ave. S. (East Valley Highway)
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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
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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.
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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
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SCHEDULE I: STREET
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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
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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
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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