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City Council Meeting - Council - Regular Agenda - 07/06/2021
KENT CITY COUNCIL AGENDA Tuesday, July 6, 2021 7:00 PM Chambers Unvaccinated individuals must wear face coverings and practice physical social distancing from non-household members. 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 959 9659 8769 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. Employee of the Month 2. Proclamation for Parks and Recreation Month 3. Appointments to the Land Use and Planning Board B. Community Events C. Economic and Community Development Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report City Council Meeting City Council Regular Meeting July 6, 2021 B. Chief Administrative Officer's Report C. Councilmembers' Reports 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council at this meeting, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerk@KentWA.gov. If you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at Mayor@KentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Jun 15, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jun 15, 2021 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Jun 22, 2021 4:00 PM B. Payment of Bills - Authorize C. Introduction of Franchise Ordinance with Olympic Pipeline Company D. Software Licensing with Vermont Systems, Inc - Authorize E. South 218th Street/98th Avenue South from 94th Place South to South 216th Street – PSRC Grant Acceptance – Authorize F. 76th Avenue South – North Segment Improvements – PSRC Grant Acceptance - Authorize G. Appointments to the Land Use and Planning Board - Confirm H. Accept the 2020 Sanitary Sewer Cured-in-Place Pipe Lining Project as Complete - Authorize I. Boards and Commissions Ordinance - Adopt 9. OTHER BUSINESS A. Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 - Adopt City Council Meeting City Council Regular Meeting July 6, 2021 10. BIDS A. Armstrong Well #1 Rehabilitation and Component Replacement Bid - Award B. Summit Landsburg Road and Rock Creek Culvert Replacement Project 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. PROCLAMATION WHEREAS, Parks and Recreation is an integral part of communities throughout this country, including Kent, Washington; and WHEREAS, Parks and Recreation programs are vitally important to establishing and maintaining the quality of life in Kent, ensuring the health of residents, and contributing to the economic and environmental well- being of the community and region; and WHEREAS, Parks and Recreation programs build healthy, active communities that. aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of Kent residents; and WHEREAS, Parks and Recreation supports the economic vitality of communities by providing frontline jobs for both youth and adults, assisting with childcare and youth programs for the work force and our residents and by promoting community revitalization; and WHEREAS, Parks and Recreation fosters social cohesiveness and builds community morale in Kent by celebrating its diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and WHEREAS, Parks and Recreation strengthens community identity by providing facilities, programs and services that reflect and celebrate community character, heritage, culture, history, aesthetics, and landscape; and WHEREAS, Parks and Recreation sustains and stewards Kent's natural resources by protecting habitats and open spaces, connecting people to nature, and promoting the ecological function of parklands; and WHEREAS, July is celebrated across the nation as Parks and Recreation month. NOW THEREFORE, I, Dana Ralph, Mayor of the City of Kent, do hereby proclaim the month of July 202L as Parks and Recreation Month In Kent Washington and urge all residents to experience the many benefits by visiting Kent's many trails, parks and recreation resources. In witness whereof, I have hereunto set my hand this 6th day of July 202L. KENT WasHrNo?oN Mayor a Ralph 4.A.2 Packet Pg. 4 Communication: Proclamation for Parks and Recreation Month (Public Recognition) Page 1 of 12 Administration • Pandemic-related employee telework ends Tuesday, July 6. • City Council meetings resume in person Tuesday, July 6: o Council Chambers will be open to everyone o Masks will be required for unvaccinated members of the public ▪ We won’t require proof of vaccination status o City officials/employees will follow city policy regarding masks o We’ll have in-person and remote options for public comment • Ground floor, public-facing counters reopen Monday, July 19. • The accesso ShoWare Center mass vaccination site will administer its last vaccine on July 17. • The Seattle Kraken may play an exhibition game at accesso ShoWare Center this fall. Clerk’s Office • City Clerk staff is currently attending trainings to learn the process of searching and gathering police-related records in response to public records requests. Other trainings attended include Basics of Managing Personnel Records and multiple LEIRA trainings. • During the month of June, the City Clerk’s Office responded to over 430 public disclosure requests, including reviewing over 17,000 emails and reviewing/redacting over 6,500 minutes of body-worn camera video. • Staff processed 80 contracts and conducted six bid openings. • Assisted Human Resources and Economic and Community Development with research requirements and preparing grant applications for local records grants from the Washington State Archives. • The City Clerk’s Office continues to have staff onsite daily and is available to provide customer service to the general public and staff. Communications • Join us for the next Dining with Derek, Thursday, July 8 at noon. Human Resources Director Teri Smith will be joining Derek to answer any “return to the office” questions you may have. • The City is partnering with Kent Station to bring you the Kent Market! It will feature local farm products, local hand crafts, local foods & more. The market runs Wednesdays, July 14 - August 25 from 4- 8:30 pm at Kent Station • Be sure to join the Facebook event - Convos with Council: Councilmember Brenda Fincher, Thursday, July 15 from 6-7 pm Race and Equity • The Cultural Awareness and Racial Equity (CARE) employee resource team continues to meet monthly. July’s meeting will focus on bystander training. August’s meeting will focus on gender equity. We will be ADMINISTRATION July 6, 2021 5.B Packet Pg. 5 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 2 of 12 discussing voting rights for the month of September. • Uriel has accepted the request to continue as the Race & Equity Manager. “Interim” has been removed from his title. • The City of Kent will be hosting the next Governing for Racial Equity & Inclusion (GREI) meeting on July 17. GREI is a regional network of government employees who are focused on normalizing and operationalizing equity within local government. The theme for this meeting will be Police and Community relations, from the perspective of regional community leaders. • The Race & Equity Strategic Plan is currently in the community engagement phase. Five community listening sessions will be conducted in the month of July. The results will be analyzed by the Race & Equity Core Team and will be incorporated into the strategic plan. Economic Development • Economic development held a preliminary meeting with counterparts in Human Services plus Urial Varela, Race & Equity manager in the mayor’s office, to discuss areas of intersection in objectives, share findings from regional conversations around ARPA projects, and reinforce coordination on planned future activities. • Economic development continues to build a coalition between south King County cities with OneRedmond and its OneEastside project in a bid for federal Small Business Administration grants to support community navigators and “last mile” funding resources for microenterprise through local networks of community based organizations. Economic development launched its south King County technical assistance landscape mapping project with National Development Council—which will be an aid to this work—this week. • Economic development officially launched their pilot Commercial Affordability project with the National Development Council with the on-boarding of Darren Medina as a technical advisor to microenterprises seeking help on new or expanding brick and mortar projects. While the number of businesses served this year will likely be in the single digits, we hope the process of referral and probing of permits with an experienced retail architect will yield insights into improving upfront communication materials and shine light on “golden pathways” through permitting and construction for small businesses, while providing us with an understanding of the costs and sustainability of making this an on-going service. • Economic development is meeting more regularly with Impact WA, the state’s manufacturing extension partnership, to finalize details for the first “Next Gen Partnership” manufacturing employers table (AKA “MET”). We are currently planning to convene the first table by September/October 2021 to discuss the role industry engagement should be playing in shaping Workforce Development initiatives. • This week, Economic development meets with Avenue 55, the City’s partner on the Naden redevelopment, and its chosen marketing representative Newmark Knight Frank. With the Kent Valley website now outperforming Pierce and Snohomish regional economic development websites in hits and traffic, coordination with the brokers to cast the net even farther will be an important step in identifying potential tenants. Rental Housing Inspection Program RHIP staff continue to work with landlords in West Hill & Valley to finish out the 2020 inspection cycle, and the 2021 inspection cycle in SE Hill has started. For 2020, 34 of 72 properties are fully compliant. Most remaining properties have completed first inspections and are now working through permitting, repairs, and re-inspections. We are sensitive to the financial challenges many landlords have dealt with in the last year, so we’ve granted extensions provided they are ECONOMIC AND COMMUNITY DEVELOPMENT 5.B Packet Pg. 6 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 3 of 12 responsive and showing some progress. Enforcement efforts are focused on those who have never responded (only 5 properties) or those who became non-responsive following inspections. Current Planning Current planning staff helped develop and test the new internal business license tracking system built by IT, which should be live as of this publication. One aspect of this 2-year, multi-department effort provides planning & building staff review of all new commercial business licenses to ensure each establishment is allowed by zoning and will operate in a code-compliant structure. Adding this step provides early guidance for business owners and helps prevent code enforcement issues. Building Services • The building plans reviewers completed 105 applications for issuance in the month of June. • Building inspectors completed 850 inspections in the last 28 days. • On June 21, 2021, internal audit issued two reports each covering the period January 1, 2019 through December 31, 2019: Selected Centralized Disbursement Operations – Limited and Selected Centralized Purchasing, Receiving and Accounts Payable Operations. There were no audit findings, but there was one management letter item related to the second report. These results are reflective of management’s commitment to the safeguarding of City assets from waste, theft and abuse, and adherence to applicable state and City compliance requirements. Internal Audit thanks City management and staff, in particular the Finance Department for their assistance in facilitating these complex audits. These audit reports and the management letter are on CitySpace/Finance/Internal Audit/Listing of Internal Audits. • Congratulations to Dennis Arrue and Janessa Chun! Dennis and Janessa currently work in Customer Service as Account Representatives and have been promoted to Central Financial Analysts within Customer Service effective July 1. Workday • Provided additional Workday training for Parks Management and Department Liaisons on June 29 • Providing LEAN Temporary Hiring project resources to streamline processes and procedures • We’ve had 162 items logged on the issue tracker: 90 closed, 20 in progress and 52 are open Benefits • 396 employees have attested as of June 29, 2021 to being fully vaccinated • Deferred compensation committee met on June 16 • Met with Premera and Alliant to review quarterly claims information • Upcoming Wellness Challenge begins July 22 through September 16, with registration beginning July 7 • Beginning phases of the Laserfiche project to digitize our employee files Risk Management • Working with actuary to determine appropriate loss reserves in liability and worker comp funds for 2022-2023 budget Recruitment • Dennis Arrue and Janessa Chun were both promoted to the position of Central Financial Analyst effective July 1 • Account Representative position in Customer Service will be open to the public June 30 - July 12 • Probationary Police Recruit Officers Krishan Kumar and Alexandra DeMarinis begin their careers with Kent Police Department on July 1 • Maintenance Worker II - Vegetation interviews and practical assessments are scheduled for July 7-8 • Parks Project Manager interview scheduled for June 30 • Creating positions and processing hires for temporary positions in Parks (Recreation/ Adaptive Recreation, Golf, Maintenance) as well as Public Works - Operations FINANCE HR 5.B Packet Pg. 7 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 4 of 12 Information Technology Projects • Tiburon Replacement – to replace the Police Department’s end of life criminal record management system, Tiburon, with a scalable solution that will integrate with other department systems for centralized management and secure/encrypted data share. The solution will streamline the current PD system landscape resulting in more efficient, accurate tracking of records and maintenance contract savings in addition to aligning with citywide initiatives. • Recreation system replacement - to implement a recreation management system for Parks staff to input, manage and maintain customer accounts, memberships, programs, facility rentals, and leagues in support of its operations. Project is driven by the current solution no longer being supported by the vendor and incompatible with Office365. Information Technology operational support for June 20, 2021 to June 29, 2021 • Number of tickets opened – 168 • Number of tickets closed – 268 Enterprise GIS General: • Normalizing address database for Amanda and business license application implementations • New intern Alan Foote started and will be working with EGIS • Helping ECD with GIS analysis of locating County growth centers • Continued support for Parks survey 123 to help manage asset maintenance • Working on rearchitected plan for GIS system citywide • Finalizing contract for impervious surface data for parcel audit citywide • Providing support for Sound to Summit Regional GIS collaboration with other cities Weekly Customer Service Requests: • Monthly GIS data update • Providing customer support to help staff connect to GIS data • Map request for See Click Fix layer boundary’s for Public Works Operations • Advised PD and attended service of search warrant at a hookah lounge on the east hill, and prepared and served a Notice of Business License Revocation for the same establishment. The business is failing to meet required private club regulations and engaging in unlawful activity, which has caused numerous violent incidents to occur on its premises. • Advised Public Works staff on a bidding issue. • Continued to assist with negotiations on property acquisitions for the 228th overpass project. • Prosecutors reviewed 7,062 minutes of body worn camera video footage in preparation for jury trials in June. • A prosecutor presented to the Pierce County Council Public Safety Committee on street racing related issues. • A new prosecutor, Ashima Diwan, started work on June 16. Ashima formerly worked at the King County Prosecutor’s Office. • Prosecutor Sara Watson tried a 5-day jury trial on a 7th offense DUI case. The jury returned a guilty verdict after only 40 minutes of deliberations. • Continued to assist the Clerk’s office with public records requests as needed, and Public Works, ECD, IT and Parks with a number of high priority contracts and development projects, including property rights and access issues involving Naden Avenue. • Assisted the Clerk’s Office in preparing the agenda for the City Council meetings and Committee of the Whole meetings. • Assisted the HR Department in a number of sensitive employment and labor related matters. Recreation and Cultural Services • Staff kicked off an eight-week summer recreation and nutrition outreach program on Monday, June 28. The mission is to provide recreational activities that encourage exercise, fitness, healthy IT LAW PARKS, RECREATION, AND COMMUNITY SERVICES 5.B Packet Pg. 8 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 5 of 12 nutrition, and help kids re-engage and begin socially connecting with their community again. Each week youth will be introduced to different sports, exercises and receive nutritional information that promotes an active, healthy lifestyle. Program sites include apartments, King County Housing Authority sites, parks, and a mobile home park. • Installation has begun on two murals as part of the Arts Commission’s new temporary, rotating mural program. Look for these vibrant new artworks on Meeker and Harrison Streets in the coming days! • Summer Public Art Maintenance is underway. “Three Friends” sculptures by artist Steve Jensen at Three Friends Fishing Hole have been cleaned, refinished, and sealed as part of regular City Art collection maintenance. • The Arts Commission is thrilled to announce the first Centennial Gallery exhibit since the COVID shutdown. Throughout July and August, the gallery will feature paintings by Stephanie Johnson and Sara Brogdon. • The popular Cornucopia Days 5K run/walk is back in 2021! This year’s event will be held, in person, on Saturday, July 10 at Three Friends Fishing Hole. We are thrilled to welcome our running community back. Two hundred and six people are already registered for the event. • The Senior Center hosted the “Summer Kick off” drive through event on Thursday, June 24. Over 220 hot dog Meals and goodie bags were given out to participants. This was an excellent opportunity to reconnect with our senior participants. • Senior Center staff responded to the need to help seniors find life-saving fans during the recent heat wave. Friday, despite being told no fans were available anywhere, staff called and went store to store finding over 40 fans for local, low-income seniors in SHAG housing. VSHS funding was used for this essential purpose. Human Services • Staff compiled homelessness service data for the King County Regional Homelessness Authority’s (KCHRA) asset mapping project – the first step in subregional planning. Built into the KCRHA interlocal agreement is the direction to create a strategic plan that includes sub-regional strategies.) Subregions include the cities in North, East, and South parts of King County and the City of Seattle.) The prioritization of subregional planning is echoed in the King County Regional Action Framework, which will serve as foundational to planning efforts. https://wearein.org/wp- content/uploads/2020/08/King-County- Framework-for-Regional-Action-on- Homelessness-Final-w-Appendices.pdf. While there is countywide data about need, there is not a common understanding of the resources/funding in place to combat homelessness and the resources are not well defined by subregion, particularly when it comes to the critical local dollars from cities being invested to support the system of services across the County. KCRHA has hired consultants to help complete a comprehensive asset map of resources and their impact, cataloging all investments across the county. The project will catalog city investments in homelessness prevention (program investments that keep people at imminent risk of homelessness housed), crisis response (program investments in survival services such as shelter, outreach, hygiene, feeding), and homeless housing (housing units and associated services that provide housing to people who have experienced homelessness). • The Kent Human Services Commission and Human Services staff co-hosted a virtual conversation discussion on how to widen our path toward racial equity. The focus was providing an opportunity for community members to learn about the Human Services Commission, who the members are, and more about their role. The conversation was designed to identify better ways to communicate, share important information about available resources, and how staff and commissioners might learn more about community values, strengths, and challenges. Discussion focused on how to enhance collaboration between the 5.B Packet Pg. 9 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 6 of 12 Commission, community-based organizations, staff, and the Kent community. Approximately 40 individuals (including Commissioners and staff) participated in the event. • Senior CDBG Coordinator, Dinah Wilson, met with the Kent Community Foundation executive committee and provided a short presentation on “Keys to Building a Successful Board,” to help them prepare for and recruit a more diverse board, practically, racially and ethnically. • The Kent Human Services Commission approved recommendations for third round Community Development Block Grant Coronavirus funding. A total of $859,720 is available, and it was recommended that the majority be allocated to public service projects. The Human Services Division will present recommendations to the City Council for final approval. • Staff continue to monitor the statewide eviction moratorium. Governor Inslee recently extended a bridge between the eviction moratorium and the housing stability programs put in place by the Legislature. The bridge is effective July 1 through September 30. While this was great news, the full proclamation and details are not yet available and there are still many questions. The eviction moratorium bridge is intended to allow for a transition to the tenant protections established in SB 5160, including the Eviction Resolution pilot programs and the Right to Counsel program for indigent tenants. The bridge is not an extension of the existing eviction moratorium. Under the new order, new provisions will support renters and landlords until resources and programs become available. For past rent due from Feb. 29, 2020 through July 31, 2021, landlords are prohibited from evicting a tenant until there is an operational rental assistance program and eviction resolution program in place in their county. Additionally, landlords are prohibited from treating past unpaid rent or other charges as an enforceable debt until the landlord and tenant have been provided with an opportunity to resolve nonpayment through an eviction resolution pilot program. Beginning August 1, renters are expected to pay full rent, reduced rent negotiated with landlord, or actively seek rental assistance funding. Landlords may only evict a tenant if none of those actions are being taken but must offer the tenant a reasonable re-payment plan before beginning the eviction process. Tenants must also be provided, in writing, the services and support available. Residents are encouraged to continue to seek assistance and not to self-evict because the back rent will still be owed. • The South King Housing and Homelessness Partnership staff work group and Executive Board both met in June. The SKHHP 2022 work plan was a key focus and includes three major areas of work that will facilitate implementation of the SKHHP Interlocal Agreement: governance and administration; policy and planning; and education and outreach. The 2022 work plan builds on work done in 2020 and 2021 to establish a SKHHP Housing Capital Fund through pooled public resources, increase philanthropic and corporate investment through the creation of a SKHHP 501(c)(3) fundraising branch, and establish a SKHHP Advisory Board made up of community members that will help to ground SKHHP decisions in communities needs and interests. • Human Services staff arranged for Bryan Thompson, Safe Place Coordinator, to join the Kent Community Partners meeting to provide information about the program. Safe Place quickly connects runaway and homeless youth ages 12-17 to services, either by reuniting them with their family or providing them with emergency shelter. Bryan shared details about the background and history of Safe Place, why it is needed, partners/Safe Place sites, and how a young person can access Safe Place. Paul Tan from KYFS also joined the discussion to share the local experience of KYFS as a designated Safe Place site and shared additional details about the Commercial Sexual Exploitation of Children (CSEC) Program. 5.B Packet Pg. 10 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 7 of 12 • Human Services staff worked in coordination with other Parks staff, SOU, Administration, Kent Emergency Management and nonprofit providers to help activate cooling centers during the extreme heat days. In a typical year the Senior Center and the Kent Commons would have been designated, but those buildings were not yet open to the public due to Covid. A combination of options were available over the course of the heatwave, including the Kent Memorial Park building, Kent YMCA, Kent Library, Community Engagement Center, and the Kent Ice Centre. The group will debrief and discuss lessons learned to help inform planning going forward. Staff Changes - Hiring/Retirement/ Recruitment/ Leaves/Promotions • Corrections Sergeant Chris Ward was reinstated June 1. • Corrections Officer Michael Goodman resigned June 9. • Records Specialist Genevieve Summers started June 16. • Officer Donevan Dexheimer retired June 18. • Detective Steve Kelly retired June 30. Significant crime activities/arrests/investigations • On June 8, at 2:19 pm, officers were dispatched to a collision at the intersection of Washington and Meeker. A semi-truck collided with a person riding a scooter. Police arrived along with Puget Sound Regional Fire Authority. The rider had been utilizing both the roadway and the sidewalk to cut through traffic headed East on Meeker. The semi had also been headed East on Meeker and was making a right hand turn, the scooter (on the right side of the semi) attempted to brake but was unable to stop in time and struck the semi- trailer at the rear axle. As a result of the collision the rider went under the wheels of the trailer. After prolonged efforts the rider of the scooter was pronounced dead at the scene. • On June 8, at 6:00 pm, Transmark Cartage Services discovered a substantial amount of marijuana (Over 330 pounds) in a shipping container. It was recovered & processed. Detectives are investigating. • On June 9, at 12:48 pm officers responded to Meridian Garden apartments for a felony harassment. The victim's brother threatened her with a butcher knife. He was behaving erratically and aggressively toward her. He refused to leave her residence. The victim was able to escape the residence with her two small children. PA announcements were made, noise flash distraction devices were deployed and finally the suspect came out and was taken into custody without incident. Upon officers making entry in the residence, the suspect dowsed victims belongings in residence with bleach and vinegar. • On June 10, at 8:00 pm, officers were dispatched to a vehicle versus pedestrian collision around Veterans Drive and Riverview Blvd. A pedestrian was found in the inside eastbound lane of Veterans, east of him a light pole had been downed, and still further east at the turnoff for Riverview to go west on Veterans an older white Chevrolet truck had struck a Honda Passport who was stopped to turn right up the hill. In speaking with witnesses, we learned the white Chevrolet was unoccupied when it struck the Passport. It is unknown if the victim was in the truck and possibly exited the vehicle while it was in motion and went under the back wheel, or what sequence of events lead to him being in the roadway and an unoccupied vehicle headed down the hill. Case under investigation. • On June 11, at 10:55 am, officers were dispatched to a vehicle versus pedestrian collision in 25200 block of Pacific Highway S. Puget Sound Fire arrived and began to work on the pedestrian, before he was transported to Harborview by medics. It does not appear that alcohol or speed were a factor. • On June 13, at 1:02 am officers responded to Central Ave Pub. One subject was shot in the buttocks by an unknown person from a passing vehicle. It was a non-life- POLICE 5.B Packet Pg. 11 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 8 of 12 threatening injury. Detectives are investigating. • On June 14, at 11:45 am, officers responded to a call at the Ramada Inn that was originally labeled as a domestic assault but then was changed to a CPR in progress. Officers located an unresponsive female in a hotel room with her boyfriend, who claimed that the female had collapsed on the floor and he had tried to revive her. Blood was observed on the male's face and clothing and his knuckles were scraped and bloody. He was sweating and acting unusual. Officers detained the male and the female was found to be deceased. The male suspect was transported to the station to be interviewed by detectives. • On June 16 at 2:57 am, officers responded to Valley Medical Center for a report of a subject there with a gunshot wound to the leg. The victim said he was shot in Kent at the Phoenix Academy. He said he was picked up by a girl in Renton who he just met. They were with a large group of racers in the North end, then they ended up at the Phoenix Academy where they all gathered. The victim said he heard gun shots and then he realized he was shot in the leg. He was extremely vague in his responses and refused to provide basic information. There was no evidence located at the Phoenix Academy and no calls of an illegal discharge or racers. Case referred to detectives. • On June 16, at 7:07 am, a road rage incident occurred at 124th Ave SE and Kent-Kangley Rd. The suspect was shot by a citizen after trying to smash through their driver's door window with a baton and knife. The suspect sustained one bullet wound to the abdomen, which exited through his lower back and into a passing witness's vehicle. No one else was injured. The suspect was taken to Harbor View in critical condition. Detectives responded to the scene. • On June 20 at 1:56 am, it was reported that a victim was shot in the head on Alder Lane and the witness was driving him to the hospital. Patrol units met the victim and witness at Valley Medical Center. The victim was awake and repeating he needed help. The witness claimed to have heard the shooting, but when she came outside, she saw the victim in his own car which was still on Alder Lane east of the Central Ave Pub. She did not see what preceded the shooting. Officers on scene at Alder Lane located several items of evidence, to include multiple casings, in the roadway. The 28-year-old victim was transported to Harborview in critical condition and died two days later from his injuries. No suspect info currently. Detectives are investigating. • On June 21, at 3:44 pm, a female driving a stolen Tahoe followed by a male driving a stolen motorcycle pointed guns at the reporting party who was following. Officers located the Tahoe and the female was arrested with a gun located inside. The motorcycle took off and crashed into another vehicle at S. 277th and Auburn Way N. The suspect tried carjacking another vehicle and was last seen getting into another occupied vehicle. • On June 22, at 2:40 am, officers responded to sounds of a female yelling in the area of 122nd PL SE and SE 280th St. The victim was in the middle of the street and was bleeding from the mouth and her hair appeared to be in disarray. Officers attempted to contact a male walking towards the residence. The male disregarded commands and entered the residence locking the door behind him. The victim stated her husband pulled her to the ground by her hair and pushed her down the stairs of the residence. She was transported to the Covington ER for her injuries. • On June 26, at 5:18 am, patrol was dispatched to a shooting at the Sunset Motel on the west hill. Officers learned that the driver of a grey Chevrolet Tahoe shot at a white Chevrolet Impala after a verbal confrontation. The Impala hit a parked truck pushing that truck into another parked vehicle trying to flee the scene. An unintended victim is outside and is hit by one of the bullets. The unintended victim was stable and transported to Harborview. The white Impala was located abandoned with bullet holes. Detectives are investigating. 5.B Packet Pg. 12 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 9 of 12 • On June 26, at 10:43 pm, officers were dispatched to a shooting that occurred at 101st and 256th. A female victim had one gunshot wound to her right shoulder. She was conscious and alert while sitting in the passenger seat of a white Volvo. The male driver, victim’s boyfriend, was nowhere to be seen. While the victim and her boyfriend were stopped at the light, a Lexus pulled up next to them. After a stare-down with four suspects, one of them fired one round into the Volvo, striking the victim. The victim was transported to HMC and her prognosis appeared good. Detectives are investigating. • On June 27, at 6:15 am, officers were dispatched to an interrupted vehicle prowl in the area of 151st Pl and 279th Pl. The reporting party discovered his car had been prowled, then saw the suspect prowling a neighbor’s car. The suspect fled in a stolen vehicle. The reporting party began following the suspect in his own vehicle, but soon turned off to return home. The suspect turned and began chasing the victim, then fired at least one round at the victim before turning away. Officers located the stolen suspect vehicle and initiated a pursuit but terminated as speeds approached 100MPH. A short time later the vehicle was located unoccupied in Renton. It was sealed and impounded to the KPD impound lot. There were no injuries or damage resulting from the gunshot and one casing was recovered. Detectives are investigating. • On June 27, at 12:56 pm, while driving, a suspect break checked victim, which resulted in victim hitting the suspect car. The victim pulls over at which time he was attacked by a male and female. The female assaulted him with a bat. The suspects fled; however, a license plate number was obtained and suspects potentially identified. Detectives are investigating. • On June 28, at 12:23 pm, officers responded to an argument over parking at Lake Meridian resulting in the suspect pointing a gun at the victim and pistol whipping him. The suspect was located and taken into custody. Land Survey/ PW GIS • Field staff provided construction support and staking on active capital improvement projects, including the West Hill Reservoir. Topographic design surveys were performed at multiple sites for the East Valley Highway overlay project. • Professional staff reviewed CIP project plans, calculated various portions of City right of way, drafted a record of survey for the recently completed 224th phase I and phase II corridor projects. • PW GIS Supervisor was involved in the Cityworks asset management software going live on June 28 at Public Works Operations. • PW GIS staff is adding the 2020 aerial imagery city GIS web mapping. Fulfilled public records requests, entered infrastructure utility project as-builts and performed regular database maintenance tasks. Design • 224th mitigation & remediation: preparing plans and provisions for advertisement. • Kensington ravine: received environmental critical areas report and geotech consultant is reviewing soils and slopes with design. Submitted SEPA for review. Intake meeting held on Jun 14. 90% design review distributed late June. • East Valley Highway slump: continuing negotiating with King County Wastewater Treatment Division (KC WTD) on an interlocal agreement. Met June 14 in the field to review approach to repairs – verbal agreement achieved. Submitted plans and estimate to KC WTD at the end of the June. • 76th Ave North: staff working to determine right of way and/or temporary construction needs and project phasing with the Mill Creek 76th Ave flood protection project. Developing schedule for design and ROW. 30% plan review distributed at the end of June. • Meet Me on Meeker at 64th intersection (Design Only): submitted documents to WSDOT to obligate design funds at the end of June. PUBLIC WORKS 5.B Packet Pg. 13 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 10 of 12 • Signature Pointe projects: after a number of successful meetings between the Mayor and Flood Control District members of the Executive Committee, we have been asked to submit our levee preliminary 30% design to the Executive Committee for their review and approval at their July 7 meeting (originally proposed for June 16). Additional habitat areas were recently added to the project and will be included within this design submission. Revised drawings have been submitted to the City and are under review for anticipated delivery mid-June. • Preparing for the next ILA for 100% design, easement/property acquisition(s), initial construction, and permit submission. • 81st pumpstation and force main: preliminary alternative pumpstation location and hydraulic analysis report reviewed, and comments provided to consultant to finalize report. Consultant is evaluating discharge pipe sizing and additional cost to increase pipe diameter due to 2040 climate change factor. They are also evaluating stream conditions to determine if there could be upstream impacts. Met with environmental team to discuss responses from consultant. The proposed 25cfs discharge is reported to not have a significant impact to upstream elevations in Garrison Creek. Design consultant to submit revised report at the end of June. Construction • S. 212th Street preservation – 72nd Ave S to 84th Ave S: curb ramp replacement work is complete as of June 25. Eastbound and westbound curb lanes will be closed to traffic daily during the daytime while the curb ramp replacement work is taking place. Asphalt grinding for the East half of the project began on June 28, followed by paving beginning on July 6. Grind/pave activities will be at night, 8pm to 6am. Road will be open to one direction of travel only, traffic in opposite direction will be Detoured to 228th and 196th. • West Hill Reservoir: connection to existing watermain is complete. Site utility installation is ongoing. Crews continue backfill around foundation stem walls. 38th Ave S is closed between S 248th St and S 247th St for the duration of the project. Pedestrian access through this closure will be maintained. • 2021 watermain replacement: submittal reviews and material procurement is ongoing. Work is scheduled to proceed on July 12 at Veterans Drive. • 2021 asphalt overlays: contract work is scheduled to proceed on July 6 with demolition and replacement of curb ramps on Lake Fenwick Rd followed by the 93rd/94th/96th St location. Environmental • Landsburg Mine: ecology has released the proposed amendments to the Landsburg Mine consent decree & cleanup action plan to address detections of 1,4-Dioxane at the northern portion of the site. Kent will provide comments during the public comment period which ends July 8, 2021. • Latex paint recycling: working with Multimedia to produce latex paint recycling promotions to residents. Kent has four locations where residents can bring their latex paint for recycling. No longer are the days one has to open the lid and let the paint dry out before throwing in the landfill. Now paint can all be recycled! • Downey Farmstead salmon habitat restoration: a donation from Sound Transit for excess wood chips from one of Sound Transit’s projects is being hauled to the Downey Farmstead project site this week for reuse in the final phase in 2022. We are expecting grant documents from the state in July for the final phase which will include about 70,000 cy of soil removal and connection of the stream network to the river. The project will improve salmon habitat in the Green River and reduce flood risk in the Kent Valley. Streets • Street maintenance crews placed reader boards on 108th Ave SE and 4th Ave N, ground and paved roadway on 132nd Ave SE and 108th Ave SE, locate for curb and gutter work at 24410 130th Pl SE, cleaned up West Hill sand site on Riverview Blvd, hot patched utility repair for water department at 24303 111th Ave SE, 5.B Packet Pg. 14 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 11 of 12 prepped concrete panel for pour and poured new panel at 424 E Gowe St, completed railroad request at James St and hot patch repair at 22827 117th Pl SE. • Signs and markings crew set bases and replaced signs on W Meeker St, installed bases and removed signs and installed signs on 100th Pl SE, cored, set bases and replaced railroad crossing signs in the downtown core, set bases and replaced signs for the retro-reflectivity program on 127th Ave SE, changed pedestrian crossing signs on W Meeker St and sign maintenance on the East Hill, West Hill, Valley North and Valley South. solid Waste crew removed debris on Military Rd, 104th Ave SE and 192nd St SE. • Water vegetation crew cleared debris at West Hill sites and mowed, line trimmed and picked up litter at Kent POD #3, East Hill well, Cambridge tank, 108th St well, Summit Reservoir, Clark Springs, Blue Boy tank, Armstrong Springs, Kent Springs lower, 640 Zone tank, Kent Springs upper, West Hill sites and Seven Oaks well. Street vegetation crews have mowed, line trimmed and picked up litter along Reith Rd, 64th Ave S and SE 256th St and watered street trees. The sidearm crew mowed on 116th Ave SE, SE 248th St, 132nd Ave SE, 80th Pl S, Military Rd, 43rd Ave SE, 5th Ave S, 1st Ave S, S 208th St, 144th Ave SE, 152nd Ave SE, Pac Hwy and the Panther Lake area. The wetland mitigation crew ran irrigation systems, weeded and fertilized at the nursery, sprayed weeds at 72nd Ave site, line trim and removed weeds on Frager Rd and Johnson Creek site, removed weeds at Rock Creek site, inspected Riverview site and removed Tansy Ragwort from Lake Meridian outlet channel. The wetland maintenance crew mowed and line trimmed at Redondo on 27th Ave S, Maplewood Grove on 108th Ave SE, signal electric on 3rd Ave S, 72nd diversion channel on 68th Ave S, Showare Center on 4th Ave N, Horseshoe Bend on 80th Ave S, Kent Meridian Pl on 132nd Ave SE, Meridian Forest on SE 236th Pl, Chelmsford on 117th Ave SE, Twin Creeks on 131st Ave SE, Birdsong Meadows on 116th Ave SE, Misty Meadows on 128th Pl SE, Little Property on Clark Ave, Morgan’s Place on 98th Ave S, Glencarin Terrace on 121st Pl SE, Gages Grove on SE 124th Pl, Maplewood East on 117th Ave SE, Pheasants Hollow Tract A on 125th Pl SE, Pheasants Hollow Tract B and C on 126th Ave SE, Pheasants Hollow Tract D on 127th Ave SE, Glencarin South on 122nd Ave SE and Glenmar on 124th Ave SE. The holding pond crew mowed and line trimmed at Seven Oaks addition on SE 263rd St, Fern Crest Division 1 tract E and F on 132nd Ave SE, Highland Estates on SE 263rd St, Meridian West on SE 264th Pl, Burkhardt Heights on SE 270th St, McHugh on SE 256th St, Locust Lane on SE Kent Kangley, Highland Park on 132nd Ave SE, 81st Ave storm pump station on 81st Ave S, 84th Ave storm pump station on 84th Ave S, Blackberry Falls on 90th Pl S, 116th Ave SE improvements on 116th Ave SE, Strawberry Place on S 242nd Pl, Schneider short plat on S 232nd St, Eldorado Hills on 119th Ave SE, Lagoons on S 216th St, 212th sewer pump station on S 212th St, Stillwater Shadows on SE 261st Pl, Cottonwood on SE 270th St, Millbrook Heights on SE 270th St, Aces Acres short plat on 94th Ave S, Meadowgreen Estate on SE 223rd Dr, Laurel Springs tract E on 127th Pl SE, Laurel Springs tract H on 132nd Ave SE, Walnut Grove on S 242nd St, Starwood East and West on 114th Ave SE, Oakhill tract B on 114th Ave SE and Kangley Downs on 114th Ave SE. Water • Staff continue to work on a water main replacement on 45th Ave S on Kent’s West Hill. The generator was delivered at Clark Springs for an electrical upgrade project that is underway. Water system demand was 11,500,000 gallons per day during the recent heatwave, which was up from 9,000,000 gallons per day before it hit. There was only one minor power system issue encountered during the heatwave, which our back-up power was able to compensate for. • Storm crews were performing easement maintenance on 92nd Ave S, repaired a catch basin on S 268th St, potholed for 5.B Packet Pg. 15 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Page 12 of 12 utilities at 808 Kimberly Ave and 22203 76th Ave S, finished drainage channel on 92nd Ave S, ditch maintenance at 808 Kimberly Ave, SE 227th Pl and 120th Pl SE, installed new catch basin hood on S 208th St, storm line cleaning on S 212th St and SE 219th Pl, manhole changed out on 84th Ave S and cleaned filters, vaults and replaced cartridges on 92nd Ave S, 512 W Smith St, SE 282nd St and S 228th St. The crew performed National Pollutant Discharge Elimination System (NPDES) assessing on 79th Ave S, 80th Ave S, 39th Pl S, 27th Pl S, W Meeker St and 45th Pl S and pumping on Manchester Ave, S 265th St, Hampton Way and S 271st St. • Sewer crews TV’d for existing sewer and storm 2022 overlays, cleaned lines on S 212th St and installed manhole access roads by Kent View pump station. 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, manually opening and closing broken East gate, completed physical inventory counts, ordered stock to balance inventory and prepped for a recycle event. • Fleet crews worked on installing new catalytic converters on Senior Center vehicles, ordered and set up new vehicles, sent three vehicles out for body shop bids, sending vehicles and equipment to auction, scheduled and non-scheduled maintenance and City Space write ups. The Radio Shop was programing radios, performed emergency light inspections and setting up new vehicles. ### 5.B Packet Pg. 16 Communication: Chief Administrative Officer's Report (Reports from Council and Staff) Pending Approval City Council Workshop Workshop Regular Meeting Minutes June 15, 2021 Date: June 15, 2021 Time: 5:00 p.m. Place: THIS IS A REMOTE MEETING I. CALL TO ORDER Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present II. PRESENTATIONS 1 Eviction Moratorium Expiration Merina Hanson 45 MIN. Human Services Manager, Merina Hanson gave a presentation on the Eviction Moratorium Expiration. The statewide eviction moratorium is in effect until June 30, 2021. No evictions for nonpayment are allowed. Until the moratorium ends, landlords can only evict if the tenant is causing an immediate and substantial risk to health, safety and property, or if the landlord wants to sell or move into the rental property. After the moratorium - The Washington State Legislature adopted significant changes to landlord/tenant law: • Reasonable Repayment Plans • HB 1236 (Just Cause Eviction) • SB 5160 (Right to Counsel) • Eviction Resolution Pilot project Standards for rent repayment plans: During the eviction moratorium landlords must offer tenants who are behind on rent due to the COVID-19 crisis a reasonable repayment plan based on individual circumstances. Once the moratorium ends, all tenants who fell behind between March 1, 2020, and the 6 months following the eviction moratorium MUST be offered a reasonable schedule for repayment that meets certain requirements: • Cannot require payments of more than 1/3 of the total monthly rent, 8.A.1 Packet Pg. 17 Minutes Acceptance: Minutes of Jun 15, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes June 15, 2021 Kent, Washington Page 2 of 7 • Cannot require payment until after 30 days that the plan is offered to the tenant, • Cannot include late fees, attorney fees or other fees and charges. Rights to Counsel - Tenants with low income may get a lawyer. SB 5160 creates the first statewide right to counsel. Low-income tenants will be provided an attorney if they face eviction. The bill also improves the eviction process and protects tenants from housing denial for inability to pay rent during the pandemic. Rights to Counsel Details: Tenants with low income may get a lawyer. SB 5160 creates the first statewide right to counsel. Low-income tenants will be provided an attorney if they face eviction. Just Cause Eviction - Landlords must give a good reason for ending rental agreements & evicting tenants. With the passage of HB 1236 landlords must give tenants a written notice with one of 17 good reasons for ending rental agreements and evicting tenants. Among other things, landlords can no longer refuse to renew month-to-month agreements for no reason, with a 20-day "no cause" termination notice. Just Cause Eviction Details: Month-to-month and other tenants with periodic tenancies: • If you are a month-to-month tenant who has never had a written lease, the law applies to you. Your landlord must give you a written notice with one of the good reasons listed on the next slide if the landlord wants to terminate your tenancy. • If you enter into a rental agreement for a fixed term, like six or 12 months, between May 10, 2021 and 3 months after the end of the Governor’s eviction moratorium, your landlord must give you a 60-day written notice to terminate your tenancy at the end of the agreed end date in your lease. The notice doesn’t have to state one of the 17 reasons. Tenants with fixed term written leases or rental agreements: • If you have a written rental agreement for a 6 to 12 month term, and your landlord doesn’t want to renew the agreement once it’s up, your landlord can give you a 60-day written notice before the agreement is up. That notice doesn’t have to state one of the reasons. If the landlord wants to terminate the tenancy before the 6 or 12 months is up, they must have one of the legal reasons to evict identified. • If you’ve had a written rental agreement for multiple 6 or 12 month terms, and you have never been a month-to-month tenant, your landlord must give you a 60-day written notice to terminate your tenancy. The notice doesn’t have to state one of the following reasons: 8.A.1 Packet Pg. 18 Minutes Acceptance: Minutes of Jun 15, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes June 15, 2021 Kent, Washington Page 3 of 7 o Falling behind on rent o Lease violation: a “substantial breach of material term” o “Waste or nuisance” which is unlawful or substantially or repeatedly interferes with neighbors o The tenant harasses the landlord or another tenant o The tenant gives false information on the application o The landlord wants to move into the rental unit o The landlord wants to sell a single-family rental house o The landlord wants to substantially remodel or tear down (demolish) the unit o The landlord wants to convert the unit into a condominium o The landlord has a legitimate economic or business reason o The rental unit has been condemned o The landlord shares a dwelling unit, kitchen or bathroom with the tenant o The landlord is a transitional housing program o The landlord offers a new lease, but the tenant doesn’t accept o A resident fails to fill out a rental application Eviction Resolution Pilot Program - In some counties (including King County), landlords are required to provide tenants notice of the availability of an Eviction Resolution Pilot Program. This program is designed to help renters and landlords agree on how to make up rent instead of going to court. The ERP allows tenants and landlords to meet with a neutral mediator before an eviction lawsuit is filed. It will also include ways to help tenants find rent assistance. ERP Details • Dispute Resolution Center of King County (DRC) is partnering with the Superior Court of King County and the Housing Justice Project to provide a program that protects the interests of both the housing provider and the tenant. • Landlords, when the moratorium ends, are required to send two notices to tenants before they can proceed to file for an eviction in court: the notice of pay or vacate and an ERP notice, which includes information to contact the DRC and the Housing Justice Project. Both agencies will receive a copy of the ERP notice sent. • Upon receipt of the ERP notice, the DRC will attempt to reach the client by phone, email or text message to set up mediation services between landlord and resident. Mediation services are intended to reach an agreement both parties support so that an eviction won’t occur. They can assist with writing a payment plan. If the resident doesn’t respond after several attempts, DRC will notify the landlord and the landlord can file an eviction. Community Resources: King County Eviction Prevention and Rental Assistance Program. 8.A.1 Packet Pg. 19 Minutes Acceptance: Minutes of Jun 15, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes June 15, 2021 Kent, Washington Page 4 of 7 Pays rent directly to landlords, on behalf of tenants. KC rent assistance program allocated $37M at the end of last year and served 9000 residents. Funds for King County’s Eviction Prevention and Rental Assistance Program (EPRAP) are an allocation of the Federal Coronavirus Response, American Rescue Plan and is expected to include funds from the Relief Supplemental Appropriations Act funds. EPRAP Details: The Landlord Program supports high volumes of tenants to be served effectively and efficiently through coordinated bulk payment agreements. Under the landlord program, landlords who currently have five or more tenants behind in rent can ask to have all tenants living in their properties supported under this program. The Tenant Program supports a tenant-led registration process to receiving rental assistance. This program works to promote equity in who is served, with a focus on groups of people who historically have not been provided fair access to rent assistance. The Hub & Spoke Program supports broad expansion of rental assistance to the most vulnerable households by partnering with By-and-For providers to serve tenants representative of the target populations they serve. Eviction Defense Help is available through: • Eastside Legal Assistance Program • King County Bar Association • Housing Justice Project • Neighborhood Legal Clinic • Northwest Justice Project • Washington Law Help • West African Community Council Apply for legal help: CLEAR*Online at: www.nwjustice.org/apply-online Or call CLEAR 1-888-201-1014. Kent Providers with Rental Assistance Funds • Catholic Community Services • Communities In Schools of Kent AS FUNDS ALLOW • Iraqi Community Center of WA • Multi-Service Center • Open Doors for Multicultural Families • Salvation Army - Kent • Shared Bread KENT United Methodist Church Emergency Assistance Program • St Vincent DePaul 8.A.1 Packet Pg. 20 Minutes Acceptance: Minutes of Jun 15, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes June 15, 2021 Kent, Washington Page 5 of 7 • St Stephens/SVDP • Holy Spirit- Espiritu Santo /SVDP • St John the Baptist/SVDP • Solid Ground - Housing Stability Project • U.T.O.P.I.A. Seattle AS FUNDS ALLOW • Vine Maple Place World Relief Hanson reviewed the organizations receiving City-funded Human Services Support Council expressed concerns over the unavailability of resources immediately following the expiration of the state moratorium. City Attorney, Pat Fitzpatrick provided information on the eviction process and the court process relating to eviction proceedings and the issue the courts face with providing legal representation during a time when there is a huge backlog of criminal and civil cases due to COVID. Fitzpatrick also indicated that King County’s eviction process includes a mediation component that will more than likely be heavily utilized. Fincher, Larimer and Kaur spoke in support of extending the City’s eviction moratorium. Boyce and Thomas indicated they are not sure what problem the council is trying to solve. There are lots of programs in place to offset what is needed and suggested leaving it up to the state to pass legislation extending the moratorium. Kaur suggested the City increase communications regarding available programs and include faith-based organizations. Troutner and Michaud expressed concerns with extending the moratorium and suggested leaving it up to the state to pass legislation extending the moratorium. Hanson advised that King county is getting resources out into the community in 28 languages. Fitzpatrick provided his thoughts on issues that could arise if the City passes legislation in conflict with state law and advised that the state wants uniformity in laws regarding evictions. Boyce proposed the Council draft a letter together to send to state legislators and request the state take action. 8.A.1 Packet Pg. 21 Minutes Acceptance: Minutes of Jun 15, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes June 15, 2021 Kent, Washington Page 6 of 7 Troutner, Boyce, Thomas and Michaud agreed to leave moratorium as is. Troutner will work with Derek Matheson to draft a letter to state requesting they extend their moratorium. 2 Mid-Biennium Budget Adjustment Priorities Paula Painter 45 MIN. Finance Director, Paula Painter gave the Council a presentation on the mid- biennium budget adjustments. 2020 Takeaways: • Overall, 2020 Tax revenue came in better than anticipated • Recognized more significant revenue losses in other areas • The City took swift action to address anticipated revenue shortfalls, preserving General Fund balance • Department expenditures came in under budget 2021 Summary: • Tax Revenue continues to come in as expected, if not greater • Continuing to see declines in charges for services and licenses & permits • Anticipating improvements in these revenues as the year progresses • Received 1st installment of ARPA funding ($14m) • SST has been reinstated, as of July 1st • $4.4m in GF fund balance moved to Liability Fund · Inflation Impacts 2022 Mid-biennium known adjustments: · HB 1590 Revenues and Expenditures · Sales Tax Revenue · Streamline Sales Tax Revenue · Salary and Benefit adjustments · Frozen positions · Equity Expenses · Central Cost Allocation · Liability Insurance allocation · Property Insurance allocation 2022 Mid-Biennium Draft Timeline: · Operating budget - June and July · 2022-2027 Capital Improvement Plan - June and July · Review and Balance Budget - August · Proposed Mid-Biennium Update - September · Public Hearings in September and October 8.A.1 Packet Pg. 22 Minutes Acceptance: Minutes of Jun 15, 2021 5:00 PM (Approval of Minutes) City Council Workshop Workshop Regular Meeting Minutes June 15, 2021 Kent, Washington Page 7 of 7 · Council Actions - Adoption in November Larimer requested a list of the frozen positions and requested funding additional positions to work on equity. Michaud also supports funding police data-related items and would like information on the police analyst that was frozen/laid off. Supports graffiti clean-up. Michaud requested the list of budget requests from the last budget process and suggested funding police data-related work. Boyce requested partnering with the YMCA to fund a lifeguard training program. Fincher supports funding police data-related items and also requested additional funding for the equity inclusion speaker series and funding childcare assistance. Fincher requested using ARPA funds for communications - TV captioning and translation. Fincher also supports funding graffiti clean- up and creating a script program for residents to use to pay for utilities or general purchases. Michaud supports funding the equity inclusion speaker series and would like to revisit the previous layoffs. Kaur supports Fincher, Larimer and Michaud’s suggestions and also requested funding the Green Kent steward program. Thomas suggested that if councilmembers suggest an expense, that they also suggest a reduction to offset the newly funded program. Matheson advised that staff is already moving forward on the process related to equity items. There are four councilmembers interested in police data activation and revisiting layoffs/frozen positions. Departments will propose reinstating frozen positions or reversing layoffs and will take into consideration rising inflation expenses and that there are no promises that positions will be reinstated or reversed. Meeting ended at 6:42 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 23 Minutes Acceptance: Minutes of Jun 15, 2021 5:00 PM (Approval of Minutes) Pending Approval Kent City Council City Council Regular Meeting Minutes June 15, 2021 Date: June 15, 2021 Time: 7:04 p.m. Place: THIS IS A REMOTE MEETING 1. CALL TO ORDER Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Present Zandria Michaud Councilmember Remote 3. AGENDA APPROVAL No changes A. I 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. Proclamation for Juneteenth Mayor Ralph presented the Proclamation for Juneteenth. City Offices will be closed on June 18th in celebration of Juneteenth. Councilmember Fincher invited the public to attend the Juneteenth virtual celebrations on Saturday, June 19th. This is the 10th year the Kent Black Action Coalition is celebrating Juneteenth. Visit the KBAC Facebook page for details on the various celebrations. 2. Appointment to Parks and Recreation Commission 8.A.2 Packet Pg. 24 Minutes Acceptance: Minutes of Jun 15, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 15, 2021 Kent, Washington Page 2 of 8 Mayor Ralph advised that she is recommending the appointment of Stuart Chapman to the Kent Parks and Recreation Commission for a three-year term that will expire on June 14, 2024. Chapman expressed his excitement to have this opportunity to be a contributing member of the Kent community. B. Community Events Council President Troutner advised of Senior Summer Kick-off drive-through event. Seniors age 50+ are encouraged to join us at the Senior Activity Center on Thursday, June 24 for a FREE drive-thru style event to kick off Summer! Event will run from 11 am - 2 pm. Registration is required. Call the Senior Activity Center at 253-856-5150 to reserve your spot! Councilmember Fincher advised of the Kent Repair Time event on June 19th from 10 a.m. to 1 p.m. at the City of Kent Senior Activity Center. C. Public Safety Report Chief Padilla presented the public safety report for the month of June. Chief Padilla and Mayor Ralph recently performed the swearing-in of Officers Kiril Van Orman, Isaac Hegamin and Dzung Lam. Chief Padilla provided details on a situation that earned Sergeant Tung and Officers James, Davis, Clay and Wolcott the Chief’s Award for Exceptional Service. Chief Padilla advised that Sergeant Chris Ward has been promoted and reinstated. Chief Padilla updated the council on the recently-resolved missing person case. Chief Padilla advised of police work up to and including the Fourth of July holiday and asked the public to use the non-emergency number for reporting fireworks violations 253-852-2121. Chief Padilla presented information on Project SAFE Neighborhoods, the drug deferral process and National Night Out. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph serves as the Vice-Chair of the Puget Sound Regional Council Transportation Policy Board that recently received reports from state representatives regarding transportation issues that were tackled during the recent legislative session. 8.A.2 Packet Pg. 25 Minutes Acceptance: Minutes of Jun 15, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 15, 2021 Kent, Washington Page 3 of 8 Mayor Ralph chairs the Project Selection Task Force that continues to define how equity is built into the project selection process. Mayor Ralph attended the I405 & 167 executive leadership meeting. Mayor Ralph attended the Puget Sound Gateway meeting and heard reports on the impacts of COVID on budgeting and the potential delay on bus rapid transit extension. The SR167 Master Plan is moving forward. B. Chief Administrative Officer's Report Chief Administrative Officer, Derek Matheson advised that the Council will resume in-person city council meetings on July 6th. The meetings will continue to be broadcast on Kent TV21 Facebook and YouTube. If the Governor rescinds his proclamation regarding open public meetings, it will be a return to council meetings as they were prior to the pandemic. If the Governor keeps his proclamation in place, City officials and employees will follow the city policy regarding masks, members of the public that can show proof of vaccination status can forego masks and enter Council Chambers, while others will need to wear masks in the lobby and maintain 6' of distance. There will also be a remote option for public comment. Work continues on determining a date to reopen city customer service counters on ground floors. Matheson noted that the American Rescue Plan Act Committee recommendations are on today's consent calendar. City offices will be closed June 18th in honor of the Juneteenth holiday. Matheson advised his report is in today's agenda packet and there is an executive session tonight to discuss pending litigation and collective bargaining that is expected to last 45 minutes with no action when the Council reconvenes into open session. C. Councilmembers' Reports Council President Troutner provided a brief recap of today's two workshop presentations: (1) Eviction Moratorium Expiration and (2) Mid-Biennium Budget Adjustment Priorities. Council President Troutner serves on the AWC Legislative committee that received a recap of all legislation from this year’s session. Councilmember Fincher serves on the King Conservation District Advisory Committee that is in the process of reviewing applications for the Executive Director position. Additionally, there were no findings from the recent state 8.A.2 Packet Pg. 26 Minutes Acceptance: Minutes of Jun 15, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 15, 2021 Kent, Washington Page 4 of 8 audit. Councilmember Fincher serves on the Mental Illness and Drug Dependency Oversight Committee that recently received a presentation on the annual report. The Committee is evaluating the possibility of restoring programs previously lost due to COVID. Councilmember Michaud serves on Kent Human Services Commission and advised the public can comment on the potential use of funds. The Commission is planning on having discussions with the community about who serves on the commission. Comments can be emailed to Humanservices@kentwa.gov. Councilmember Boyce is the Vice Chair of the Public Issues Committee and advised of the dashboard that is available on affordable housing. The Committee is discussing countywide planning policies and affordable housing. Boyce indicated the Sound Cities Association Equity Board wants to ensure the members feel welcome and that their opinions are valued. 6. PUBLIC HEARING None. 7. PUBLIC COMMENT Tye Whitfield spoke in favor of extending eviction moratorium. Donica Sy, a Kent resident, spoke in favor of extending eviction moratorium and reducing the size of the police department. Clifford Cawthon, a homeowner in Kent, spoke in support of extending the eviction moratorium. Dawn Bennett, a Kent Resident, spoke in favor of extending Eviction moratorium. Brenda Gonzalez, a Kent resident, spoke in favor of extending eviction moratorium. Tram Tran-Larson, a Seattle resident that works for the King County Bar Association Housing Justice Project in Kent, spoke in support of renter protections and extending the eviction moratorium. Jake Phillips, a resident of Gig Harbor Works in Kent as a Paralegal at the King County Bar Association Housing Justice Project spoke in support of renter protections and extending the eviction moratorium. 8.A.2 Packet Pg. 27 Minutes Acceptance: Minutes of Jun 15, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 15, 2021 Kent, Washington Page 5 of 8 Christopher Graves, a resident of Shoreline and Works at the King County Bar Association Housing Justice Project spoke in support of renter protections and extending the eviction moratorium. Liz McDonald, a Covington resident and law student, spoke in favor of extending the eviction moratorium. Tiffany Janibagian, a resident of Kent, spoke in favor of extending eviction moratorium. Lynn Kohner, a resident of Kent, spoke regarding the need to prevent and prepare for an increase in the homeless population. Sharee Cocoran, a resident of Kent and represents Kent Tenant’s Association, expressed concerns over where people will go when they go back to work, homeless, too many evictions, raised rents and housing the mentally ill. 8. CONSENT CALENDAR I move to approve consent items A - K. 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 - Jun 1, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jun 1, 2021 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Jun 8, 2021 4:00 PM B. Payment of Bills - Authorize MOTION: I move to approve the payment of bills received through 5/31/21 and paid on 5/31/21 and approve the checks issued for payroll 5/16/21-5/31/21 and paid on 6/4/21, all audited by the Committee of the Whole on 6/8/21. C. Kent Lions Club Sublease for Perkins Site - Authorize MOTION: I move to authorize the Mayor to sign a Sublease Agreement with the Kent Lions Club for a five year term, subject to final terms and conditions acceptable to the Parks Director and City Attorney. 8.A.2 Packet Pg. 28 Minutes Acceptance: Minutes of Jun 15, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 15, 2021 Kent, Washington Page 6 of 8 D. Meet Me on Meeker - 64th Avenue Intersection Grant Acceptance - Authorize MOTION: I move to authorize the Mayor to accept federal funds in the amount of $236,667 for the Meeker Street at 64th Avenue Intersection Improvements, amend the budget and authorize expenditure of the funds in accordance with the grant terms and conditions acceptable to the Public Works Director and City Attorney. E. Resolution Adopting the 2022-2027 Transportation Improvement Program - Adopt MOTION: I move to adopt Resolution No. 2027, adopting the 2022-2027 Six-Year Transportation Improvement Program. F. RailPros Field Services, Inc. Amendment No. 3 for South 228th Street Union Pacific Railroad Grade Separation - Authorize MOTION: I move to authorize the Mayor to sign Amendment No. 3 to the Goods & Services Agreement with RailPros Field Services, Inc. in an amount not to exceed $68,000, for the purpose of railroad flagging, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Content Management System Contract with Granicus, LLC for Website Redesign - Authorize MOTION: I move to authorize the Mayor to sign a contract with Granicus, LLC to redesign the City’s website at a total cost not to exceed $219,153.59, subject to final contract terms and conditions acceptable to the IT Director and City Attorney. H. Easement Exchange - Naden Avenue Assembly - Authorize MOTION: I move to authorize the Mayor to take all action necessary and sign all documents to accept a slope easement from Puget Sound Energy in exchange for the termination of an existing access easement, subject to terms and conditions acceptable to the Public Works Director and City Attorney. I. American Rescue Plan Act (ARPA) Framework Committee Recommendation - Adopt MOTION: I move to adopt the American Rescue Plan Act Framework Committee’s recommendation to use $10 million to backfill revenue losses and then invest one half of the remaining dollars in one-time economic development programs, one quarter in one-time human services and equity programs, and one quarter in infrastructure projects. 8.A.2 Packet Pg. 29 Minutes Acceptance: Minutes of Jun 15, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 15, 2021 Kent, Washington Page 7 of 8 J. Accept the Upper Mill Creek Dam Improvements and Diversion Structure Replacement Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the Upper Mill Creek Dam Improvements and Diversion Structure Replacement Project as complete and release retainage to Quigg Bros., Inc. upon receipt of standard releases from the State and the release of any liens. K. Appointment to the Kent Parks and Recreation Commission - Confirm MOTION: I move to confirm the appointment of Stuart Chapman to the Kent Parks and Recreation Commission for a three-year term that will expire on June 14, 2024. 9. OTHER BUSINESS None. 10. BIDS A. Downey Side Channel Restoration Phase 4 Excavation Bid - Award Public Works Director, Chad Bieren provided an overview of the Downey Farmstead Side Channel Restoration Phase 4 Excavation project and recommended awarding the bid to Scarsella Bros., Inc. MOTION: I move to award the Downey Side Channel Restoration Phase 4 Excavation Project to Scarsella Bros., Inc. in the amount of $417,402.31 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud B. 2021 Storm Sewer Cast-in-Place Pipe Lining Bid - Award Public Works Director, Chad Bieren provided an overview of the 2021 Storm Sewer Cast-in-Place Pipe Lining project and recommended awarding the bid to Insituform Technologies, LLC. MOTION: I move to award the 2021 Storm Sewer CIPP Lining Project to Insituform Technologies, LLC in the amount of $674,304.15 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 8.A.2 Packet Pg. 30 Minutes Acceptance: Minutes of Jun 15, 2021 7:00 PM (Approval of Minutes) Kent City Council City Council Regular Meeting Minutes June 15, 2021 Kent, Washington Page 8 of 8 RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud C. Mill Creek Culvert Cleaning Bid - Award Public Works Director, Chad Bieren provided an overview of the Mill Creek Culvert Cleaning Project bid and recommended awarding to Olson Brothers Excavating, Inc. MOTION: I move to award the Mill Creek Culvert Cleaning Project to Olson Brothers Excavating, Inc. in the amount of $617,099.49 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Zandria Michaud, Councilmember SECONDER: Toni Troutner, Council President AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION The Council went into Executive Session at 8:30 p.m. A. Current or Potential Litigation, as per RCW 42.30.110(1)(i) B. Collective Bargaining, RCW 42.30.140(4)(a) 12. ADJOURNMENT At 9:13 p.m., the Council reconvened into open session. There was no action following executive session. Mayor Ralph adjourned the meeting. Meeting ended at 9:13 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 31 Minutes Acceptance: Minutes of Jun 15, 2021 7:00 PM (Approval of Minutes) Pending Approval Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 22, 2021 Date: June 22, 2021 Time: 4:00 p.m. Place: THIS IS A REMOTE MEETING 1. CALL TO ORDER Council President Troutner called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present 3. AGENDA APPROVAL No changes were made to the agenda. 4. DEPARTMENT PRESENTATIONS A. Payment of Bills MOTION: I move to authorize the payment of bills. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/6/2021 7:00 PM B. Three ordinance options amending KCC 15.08.070 to address the keeping of roosters in the City - Adopt Planner, Sam Alcorn updated the council on his research regarding noise complaints, what the existing code allows, other cities' approaches to regulation, rooster noise levels measured in decibels and public comments received. Alcorn walked the council through each of the social media survey questions, responses and conclusions. 8.A.3 Packet Pg. 32 Minutes Acceptance: Minutes of Jun 22, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 22, 2021 Kent, Washington Page 2 of 7 Planning Manager, Erin George provided responses to council's question about tightening up the language of the code and advised that it would not change the difficulty of enforcement. For video to be admissible, it must be time and date stamped and there are issues obtaining this type of evidence. City Attorney, Pat Fitzpatrick confirmed that this is a very challenging issue to enforce. Chief Rafael Padilla indicated his department will do whatever they can to enforce the code, but there is an issue with staffing resources. Councilmembers provided comments and each provided their recommended option. Larimer recommended option #2 limiting to AG and SR-1 zoning districts, and Boyce, Fincher, Kaur, Thomas and Troutner recommended Option #4, to do nothing. MOTION: [Option #1 - Citywide Ban] MOTION: Adopt Ordinance No. 4402, amending section 15.08.070 of the Kent City Code to prohibit the keeping of roosters within the City, and setting August 24, 2021, as the date upon which roosters must be removed from the City. [Option #2 - Limit to AG and SR-1] MOTION: Adopt Ordinance No. 4402, amending section 15.08.070 of the Kent City Code to limit the keeping of roosters to AG and SR-1 zoning districts within the City, and setting August 24, 2021, as the date upon which roosters must be removed from all other zoning districts. [Option #3 - Limit to one rooster per lot] MOTION: Adopt Ordinance No. 4402, amending section 15.08.070 of the Kent City Code to impose a limit of one rooster per lot within the City, and setting August 24, 2021, as the date upon which additional roosters must be removed. RESULT: NO ACTION TAKEN C. INFO ONLY: First Quarter 2021 Investment Report Cash and Investment Officer, Joe Bartlemay, provided the Investment Portfolio report for the first quarter of 2021. Bartlemay detailed the total cash and investment balance, the Washington State Local Government Investment Pool and the PFM managed portfolio. The PFM portfolio reflects new investments in 2021 and the yields remain relatively low. The market value of portfolio remains very strong due to high quality of portfolio. 8.A.3 Packet Pg. 33 Minutes Acceptance: Minutes of Jun 22, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 22, 2021 Kent, Washington Page 3 of 7 Bartlemay reviewed the allocation of cash into various investment types and advised the cash and investment monthly balances are slightly above the prior year’s first quarter. The total cash and investments by fund were reviewed. Bartlemay reviewed the PFM Asset Management portfolio summary and statistics and the City's portfolio compliance for each of the investment types. D. INFO ONLY: April Financial Report Financial Planning Manager, Michelle Ferguson presented an overview of the April 2021 Financial Report. Ferguson reviewed the minor changes from the March 2021 financial report, including the variation of sales tax revenues and other tax revenues. Ferguson focused on expenditures from the General Fund year-to-year monthly comparison. For the Other Funds overview year-to-year comparison - The capital resources fund reduction is due to the temporary loss of streamline sales tax revenue and the shifting of the 2% internal utility tax revenues. The internal utility tax was dedicated to the sole purpose of repaying debt and that debt was retired at the end of 2020. The internal utility tax is now dedicated to the General Fund. For the Criminal Justice revenues - The March report is down 16% from 2020. For April, revenues are slightly higher. As the year goes on, the variance should continue to move in a positive direction due to the: criminal justice sales tax annexation revenue in the annexation fund were moved back to this fund in June; the red light camera revenues continue to come in steadily; and the school zone camera revenues will benefit this fund as of May. The Golf Fund variance is due to anomaly - received revenue for the second payment of the par 3 sale. The Liability Fund variance in revenue is due to the transfer in from the General Fund in addition to the budgeted increase in allocations from departments to cover the cost of increased premiums. The City is awaiting receipt of reimbursement of $400K paid by the fund that are above its retention limits. E. Software Licensing with Vermont Systems, Inc - Authorize Applications Development Supervisor, Gregg Sconce provided an overview of the software licensing agreement with Vermont Systems, Inc. for training 8.A.3 Packet Pg. 34 Minutes Acceptance: Minutes of Jun 22, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 22, 2021 Kent, Washington Page 4 of 7 services and access to RecTrac, a recreation scheduling and management software. Sconce provided details on the credit card processing vendor and associated fees. MOTION: I move to authorize the Mayor to sign a five-year Services Agreement with Vermont Systems, Inc., through which the City will obtain training services and access to RecTrac, a recreation scheduling and management software, at a total contract cost not to exceed $273,160, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/6/2021 7:00 PM F. INFO ONLY: Red Light Camera Update Chief Rafael Padilla provided the council with an update on the red light camera program that included the purpose and implementation process. Chief Padilla reviewed the current locations of the cameras and city-wide collision data, including data specific to each intersection with red light cameras. Chief Padilla reviewed the department’s standard process for reviewing video footage. Chief Padilla indicated the City would need to conduct feasibility studies to determine if an intersection would be a good place to install cameras. The program is working as expected - collision rates are on the decline and the revenue generated from the program continues to cover the costs to run the program. In response to new state legislation that placed new restrictions on law enforcement, on-going police officer staffing shortage, and the emerging decline in police recruiting and retention, Chief Padilla noted that the department is evaluating implementing automated traffic enforcement technology. The council suggested the Chief revisit the school zone traffic safety camera program, including conducting feasibility studies. G. Franchise Ordinance with Olympic Pipeline Company Public Works Director, Chad Bieren provided the council with details on the Olympic Pipeline franchise. 8.A.3 Packet Pg. 35 Minutes Acceptance: Minutes of Jun 22, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 22, 2021 Kent, Washington Page 5 of 7 Olympic Pipeline has been in the valley for decades transporting gas, diesel and jet fuel through pipelines that run under PSE property next to the Interurban Trail. This request is to extend the franchise for an addition 10 years. MOTION: Adopt Ordinance No. 4407, granting a non-exclusive 10-year franchise agreement with Olympic Pipe Line Company to construct, operate, maintain, remove, replace, and repair their pipeline facilities after introduction of the Ordinance during the July 6, 2021, City Council Meeting. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/6/2021 7:00 PM H. South 218th Street/98th Avenue South from 94th Place South to South 216th Street – PSRC Grant Acceptance – Authorize Design Engineering Manager, Mark Madfai reviewed the South 218th Street/98th Avenue South from 94th Place South to 216th Street PSRC grant. MOTION: I move authorize the Mayor to accept federal funds in the amount of $4,915,680 for the South 218th Street/98th Avenue South from 94th Place South to South 216th Street Improvements and direct staff to establish a budget for the funds. RESULT: RECOMMENDED TO COUNCIL BY CONSENS US Next: 7/6/2021 7:00 PM I. 76th Avenue South – North Segment Improvements – PSRC Grant Acceptance - Authorize Design Engineering Manager, Mark Madfai provided details on the 76th Avenue South - North Segment Improvements PSRC Grant. Madfai noted a correction to the motion changing $469,800 to $544,000. MOTION: I move to authorize the Mayor to accept federal funds in the amount of $3,480,000 for the 76th Avenue South (North Segment) Improvements and direct staff to establish a budget for the funds. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/6/2021 7:00 PM J. INFO ONLY: Boards and Commissions Ordinance Deputy City Attorney, Tammy White continued her review of the boards and commissions ordinance that began with Section 2.50.090 - Organization and 8.A.3 Packet Pg. 36 Minutes Acceptance: Minutes of Jun 22, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 22, 2021 Kent, Washington Page 6 of 7 meetings. White touched on sections: 2.50.100 Minutes 2.50.110 Political affiliations and use of public facilities for political purposes 2.50.120 Quorum 2.50.130 Removal of Office 2.50.140 Reports 2.50.150 Vacancies White went into the provisions specific to each board and commission as follows: 2.51 Civil Service Commission of the Police Department 2.53 Human Services Commission 2.54 Lodging Tax Advisory Committee · Must review membership of the Lodging Tax Advisory Committee annually · Follow same recruitment process in 2.50 · Statutory requirement of allowing recommendations from those business that pay and collect tax 2.55 Disability Board (LEOFF 1) · Clarified membership - those that get to elect members are subject to the jurisdiction of the board 2.56 Cultural Communities Board · Increased service up to two years 2.57 Land Use and Planning Board · Must be residents in Kent - Mayor can consider appointments from residents at different locations within the City · Council discussed allowing residents, business/property owners, to serve on the board · Economic and Community Development Director, Kurt Hanson suggested leaving the current provision of residents serving 2.58 Valley Independent Investigative Team · General provisions refer back to administrative regulations in WAC 139-12 · Leave open as more general to allow for revised state regulations · White provided review of VIIT operations policies · VIIT is created to investigation police - expanded to investigate: A. Officer involved uses of deadly force that result in death, substantial bodily harm, or great bodily harm; B. In-custody deaths or life-threatening injuries; C. Death 8.A.3 Packet Pg. 37 Minutes Acceptance: Minutes of Jun 22, 2021 4:00 PM (Approval of Minutes) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes June 22, 2021 Kent, Washington Page 7 of 7 or life-threatening injuries of a police employee; and D. Other matters as the VIIT executive board may direct. 2.58.020 Non-law enforcement community representative - qualification, duties, appointment and term. · Council discussed staggering terms 2.59 Puget Sound Regional Fire Authority Governing Board · Name change only 2.60 Parks and Recreation Commission 2.61 Arts Commission 2.62 Bicycle Advisory Board 2.63 Special Events Center Public Facilities District · Proscribed by ILA with Public Facilities District and prior formation ordinance · This is a separate and individual organization · We can deal with how to appointment and solicit members, but cannot dictate how they do their business 2.64 Firefighters' Relief and Pension Board · New chapter · White advised of uniqueness of membership and the need to provide for remote attendance. White concluded by providing examples of when term limits would expire if the ordinance effective language was applied prospectively or retroactively. Troutner and Thomas suggested applying prospectively and Larimer, Kaur, Fincher and Michaud suggested applying retroactively. Boyce had left the meeting prior to this item being discussed. 5. ADJOURNMENT Council President Troutner adjourned the meeting. Meeting ended at 7:04 p.m. Kimberley A. Komoto City Clerk 8.A.3 Packet Pg. 38 Minutes Acceptance: Minutes of Jun 22, 2021 4:00 PM (Approval of Minutes) DATE: July 6, 2021 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 6/15/21 and paid on 6/15/21 and authorize the checks issued for payroll 6/1/21 - 6/15/21 and paid on 6/17/21, all audited by the Committee of the Whole on 6/22/21. SUMMARY: Approval of payment of the bills received through-----06/15/21 and paid 06/15/21 Approval of checks issued for Vouchers: Date Amount 06/15/21 Wire Transfers 8778 8797 $2,561,739.17 06/15/21 Regular Checks 753694 753942 $2,222,985.05 06/15/21 Payment Plus 103292 103327 $175,305.20 Void Checks ($383.00) 06/15/21 Use Tax Payable $5,040.22 $4,964,686.64 Approval of checks issued for Payroll:6/1/21-6/15/21 and paid 6/17/2021 Date Amount 6/17/2021 Checks Voids and Reissues 6/17/2021 Advices FR&P 463171 463179 $7,074.04 6/17/2021 $1,901,050.50 $1,908,124.54 Document Numbers Document Numbers BUDGET IMPACT: None. 06/22/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/6/2021 7:00 PM 8.B Packet Pg. 39 DATE: July 6, 2021 TO: Kent City Council SUBJECT: Introduction of Franchise Ordinance with Olympic Pipeline Company Introduction of Franchise Ordinance with Olympic Pipeline Company SUMMARY: The Olympic Pipe Line Company operates a pipeline through the Kent Valley for the transportation of petroleum products. Their pipeline facilities are primarily on non-City owned private property. They require a franchise with the City because they cross our right-of-way at nine locations within the City limits. The City granted Olympic Pipe Line Company a ten-year franchise on June 7, 2011 by the adoption of Ordinance No. 3998. This franchise will expire at the end of June 2021. Olympic applied for a new franchise for continued use of the City’s right-of- way in accordance with chapter 6.15 of the Kent City Code. The City has the authority to grant non-exclusive franchises for the use of public streets and other rights-of-way pursuant to RCW 35A.47.040. This franchise has a 10-year term and includes standard terms governing the construction, operation and maintenance of Olympic’s equipment. BUDGET IMPACT: None 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. Olympic Pipe Line Company Franchise Ordinance (PDF) 2. Olympic Franchise - Exhibit A Franchise Agreement (PDF) 8.C Packet Pg. 40 06/22/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/6/2021 7:00 PM 8.C Packet Pg. 41 1 Franchise Authorized - Olympic Pipe Line Company, LLC ORDINANCE NO. 4407 AN ORDINANCE of the City Council of the City of Kent, Washington, granting to Olympic Pipe Line Company, LLC an interstate pipeline corporation incorporated in the State of Delaware, a nonexclusive franchise to construct, operate, maintain, remove, replace, and repair existing pipeline facilities, together with equipment and appurtenances thereto, for the transportation of petroleum products within and through the franchise area of the City of Kent. RECITALS A. Olympic Pipe Line Company, LLC (“Olympic”) has applied for a nonexclusive franchise to construct, operate and maintain an existing petroleum pipeline through certain public rights of way and property within the City of Kent (“City”). Olympic operates a liquid gas pipeline that runs from Ferndale, Washington to Portland, Oregon and its current franchise with the City expires in June 2021. B. The Federal Pipeline Safety Act, 49 U.S.C. § 60101 controls and regulates the matters relating to the safety, design, construction, installation, testing and inspection of Olympic’s pipeline and preempts much of the City’s authority to control and regulate these matters. 8.C.a Packet Pg. 42 Attachment: Olympic Pipe Line Company Franchise Ordinance (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 2 Franchise Authorized - Olympic Pipe Line Company, LLC C. RCW 35A.47.040 authorizes the City to grant nonexclusive franchises for the use of public streets and other public ways under conditions set by ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Franchise Granted. The Franchise Agreement between the City of Kent and Olympic Pipe Line Company, LLC, substantially in the form attached and incorporated as Exhibit A, is hereby granted. Upon Olympic’s acceptance of the Franchise Agreement, the Mayor is authorized to execute the same on behalf of the City of Kent, subject to those changes that are not material in nature and may be authorized by the City Attorney. SECTION 2. – Mayoral Authorization. The Mayor is further authorized to execute all documents necessary to implement the full terms of the negotiated franchise. SECTION 3. – City Clerk Directed to Publish. The City Clerk is directed to publish notice of the franchise’s grant prior to its effective date, which publication shall occur at least once in a newspaper of general circulation in the City. The publication shall include language substantially similar to the following, which the City Clerk is authorized to amend to properly identify the web address where a complete copy of the Franchise Agreement may be located: AN ORDINANCE of the City Council of the City of Kent, Washington, was adopted on ____ which granted Olympic Pipe Line Company, LLC, a 10-year non-exclusive franchise agreement; authorized the Mayor to sign all documents necessary to implement 8.C.a Packet Pg. 43 Attachment: Olympic Pipe Line Company Franchise Ordinance (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 3 Franchise Authorized - Olympic Pipe Line Company, LLC the full terms of the negotiated agreement; and directed the City Clerk to publish notice of Council’s grant of this franchise. A complete copy of the Franchise Agreement is available through the City Clerk’s office, located at 220 Fourth Avenue South in the City of Kent, or online at www.ci.kent.wa.us/_______________. SECTION 4. – 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 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 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 6. – Effective Date. This ordinance, being an exercise of a power specifically delegated to the City’s legislative body, is not subject to referendum. It shall be published and will take effect thirty (30) days after its passage. The Franchise Agreement, however, shall become effective only upon its acceptance by Olympic Pipe Line Company, LLC and execution by the Mayor. Should Olympic fail to timely file its written acceptance of the Franchise Agreement, Olympic will be deemed to have rejected and repudiated the Franchise Agreement and the franchise will be voidable by the City. DANA RALPH, MAYOR Date Approved ATTEST: 8.C.a Packet Pg. 44 Attachment: Olympic Pipe Line Company Franchise Ordinance (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 4 Franchise Authorized - Olympic Pipe Line Company, LLC KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.C.a Packet Pg. 45 Attachment: Olympic Pipe Line Company Franchise Ordinance (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 1 Olympic Pipe Line Company LLC Franchise Agreement Olympic Pipe Line Company LLC (“Olympic”) and City of Kent Franchise Agreement (“Franchise”) EXHIBIT A FRANCHISE AGREEMENT SECTION 1. – Definitions. Where used in this Franchise, these terms have the following meanings. Words not defined will be given their common and ordinary meaning. 1.1. Construct or Construction means removing, replacing, and repairing existing pipeline(s) or Facilities and may include, but is not limited to, digging or excavating for the purposes of removing, replacing, and repairing existing pipeline(s) or Facilities. 1.2. Effective Date means the date designated, after passage, approval and legal publication of this Ordinance and acceptance by Olympic, upon which the rights, duties and obligations will come in effect and the date from which the time requirement for any notice, extension or renewal will be measured. 1.3. Emergency means an unforeseen event or set of circumstances which demands immediate action to preserve or protect public health, life or property. 1.4. Emergency Management Laws mean any applicable federal, state or local rules and regulations relating to emergency mitigation, preparedness, response, and recovery which may include Homeland Security Presidential Directive (HSPD) – 5 establishing the National Incident Management System (“NIMS”), the Revised Code of Washington (“RCW”) Chapter 38.52, and the Washington Administrative Code (“WAC”) Chapter 118-30. Also included are chapter 118-40 WAC Hazardous Chemical Emergency 8.C.b Packet Pg. 46 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 2 Olympic Pipe Line Company LLC Franchise Agreement Response Planning and Community Right to Know Reporting and chapter 70.136 RCW Hazardous Materials Incidents. 1.5. Environmental Laws mean the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; the Washington Hazardous Waste Management Act, chapter 70A.300 RCW; and the Washington Model Toxics Control Act, chapter 70A.305 RCW all as amended from time to time; and any other valid and applicable federal, state, or local statute, code, or ordinance or valid and applicable federal or state administrative rule, regulation, ordinance, order, decree, or other valid and applicable governmental authority as now or at any time hereafter in effect pertaining to the protection of human health or the environment. 1.6. Facilities mean Olympic’s pipeline system, lines, valves, mains, and appurtenances used to transport or distribute Olympic’s Petroleum Product(s), existing as of the date of this Franchise or as those components may be modified or improved consistent with the terms of this Franchise. 1.7. Franchise means this Franchise and any amendments, exhibits, or appendices to this Franchise. 1.8. Franchise Area means the following locations in which Facilities have been installed: 8.C.b Packet Pg. 47 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 3 Olympic Pipe Line Company LLC Franchise Agreement STREET WIDTH APPROX. DISTANCE/LOCATION Across S. 228th St. 60 feet 1750’ E/CL 68th Ave. S. Across S. 212th St. 60 feet 1750’ E/CL 68th Ave. S. Across S. Smith St. 60 feet 1775’ E/CL 68th Ave. S. Across W. Meeker St. 60 feet 1775’ E/CL 68th Ave. S. Across W. Willis St. 60 feet 750’ W/CL 5th Ave. Across Willis St.(SR-516)150 feet 750’ W/CL 5th Ave. Across S. 259th St. 60 feet 1275’ W/CL 3rd Ave. Across S. 262nd St. 60 feet 2150’ E/CL West Valley Hwy. Across W. James St. 66 feet 1775’ E/WL Section 13, T 22 N, R 4 E, W.M. Franchise Area also includes any Right-of-Way, Public Way, Other Ways or designated Public Property within the jurisdictional boundaries of the City where the Facilities may already be located that is not listed within this Section 1.8, including any areas annexed by the City (but excluding properties annexed upon which Olympic holds a private easement, license, or other property interest for its Facilities) during the term of this Franchise, in which case the annexed area will become subject to the terms of this Franchise. 1.9. Hazardous Substance(s) means any hazardous, toxic, or dangerous substance, material, waste, pollutant, or contaminant, including all substances designated under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et 8.C.b Packet Pg. 48 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 4 Olympic Pipe Line Company LLC Franchise Agreement seq.; the Washington Hazardous Waste Management Act, chapter 70A.300 RCW; and the Washington Model Toxics Control Act, chapter 70A.305 RCW; all as amended from time to time; and any other federal, state or local statute, code or ordinance or lawful rule, regulation, order, decree or other governmental authority as now or at any time hereafter in effect. The term will specifically include Petroleum and Petroleum Products. The term will also be interpreted to include any substance which, after release into the environment, will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer or genetic abnormalities. 1.10. Improve or Improvements mean modifications to, but not a change in the basic nature, size or location of, the existing pipeline(s) or Facilities, as required or necessary for safe operation. 1.11. Laws mean any federal, state, or municipal code, statute, ordinance, decree, executive order, guideline, regulation, regulatory program, rule, specification, standard, Environmental Laws, Pipeline Operation and Safety Laws, or governmental authority, as they exist, are amended, or may be created, that relate to Petroleum, Petroleum Operations (as defined within this Section 1), hazardous materials, maintenance or improvement of Facilities, as they exist or may be amended. 1.12. Maintenance or Maintain means examining, testing, inspecting, repairing, and replacing the existing pipeline(s) or Facilities or any part thereof as required or necessary for safe operation. 1.13. Operate or Operations means the use of Olympic’s pipeline(s) or Facilities for the transportation, distribution and handling of Petroleum or Petroleum Products within and through the Franchise Area. 8.C.b Packet Pg. 49 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 5 Olympic Pipe Line Company LLC Franchise Agreement 1.14. Other Ways mean the highways, streets, alleys, utility easements or other Rights-of-Way within the City as encompassed by RCW 47.24.020 and 47.52.090. 1.15. Petroleum or Petroleum Products mean and includes, but is not limited to motor gasoline, diesel fuel, and aviation jet fuel, and will exclude natural gas. 1.16. Pipeline Corridor means the pipeline pathway through the jurisdictional boundaries of the City in which the pipeline(s) or Facilities of Olympic are located, including any Rights-of-Way, Public Property, Public Ways, Other Ways, or easements over and through private property. 1.17. Pipeline Operation and Safety Laws mean any valid and applicable federal, state or local rules and regulations relating to the operations, management, maintenance, damage prevention, public education, emergency planning and response or other activities relating to hazardous liquid pipelines, which includes the Federal Pipeline Safety Act, 49 U.S.C. § 60101 et seq. and the Pipeline Safety Code of Federal Regulations, 40 CFR Parts 186-199, all as amended from time to time and any other valid and applicable federal, state or local law. 1.18. Public Improvement is as defined within Section 12 and collectively includes traffic conditions, public safety, dedications of new Rights-of-Way, the establishment and improvement of new Rights-of-Way, widening or improvement of existing Rights-of-Way or both, street vacations, freeway construction, change or establishment of street grade, or the construction of any public improvement, any public facilities or structure by the City or any governmental agency acting in a governmental capacity or as otherwise necessary for the operations of the City or other governmental entity. 8.C.b Packet Pg. 50 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 6 Olympic Pipe Line Company LLC Franchise Agreement 1.19. Public Way(s) mean any highway, street, alley, utility easement (unless their use is otherwise restricted for other users), or other public Rights-of-Way for motor vehicle or other use under the jurisdiction and control of the City. 1.20. Public Property means the present or future property owned or leased by the City within the present or future corporate limits, or jurisdictional boundaries of the City. 1.21. Right(s)-of-Way means the surface and the space above and below and appurtenant to streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, and similar Public Property, Public Ways or Other Ways and areas located within the Franchise Area. SECTION 2. - Franchise Granted. 2.1. Franchise Granted. Pursuant to RCW 35A.47.040, the City does hereby grant to Olympic the right, privilege, and authority to Construct, Operate, Maintain and Improve its existing Facilities, together with all equipment and appurtenances as may be necessary thereto, for the transportation and handling of any Petroleum or Petroleum Products, within the existing Pipeline Corridor passing through the Franchise Area. This Franchise is granted subject to the police powers, land use authority and franchise authority of the City and is conditioned upon the terms and conditions contained herein and Olympic’s compliance with any applicable federal, state or local regulatory programs that currently exist or may hereafter be enacted by any federal, state or local regulatory agencies with jurisdiction over Olympic. 2.2. Non-exclusive Franchise. This Franchise is granted upon the express condition that it will not in any manner prevent the City from granting other 8.C.b Packet Pg. 51 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 7 Olympic Pipe Line Company LLC Franchise Agreement franchises in, under, on, across, over, through, along or below the Franchise Area. This and other franchises will, in no way, prevent or prohibit the City from using any of its Rights-of-Way, Public Property, Public Ways, and Other Ways or affect its jurisdiction over them or any part of them, and the City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacations of same as the City may seem fit, including the dedication, establishment, maintenance and improvement of all new Rights-of-Way, streets, avenues, thoroughfares, and Public Ways, or Other Ways. SECTION 3. - Grant of Authority Limited. 3.1. Limited Authorization. The authority granted by this Franchise is a limited authorization to occupy and use the Franchise Area. Olympic is authorized to place its Facilities in the Franchise Area only consistent with this Franchise, the City of Kent Zoning Code, the Comprehensive Plan, the Kent Design and Construction Standards and the Kent Municipal Code (collectively the “Codes”). Nothing within this Franchise grants or conveys any right, title, or interest in the Franchise Area or any other Rights-of-Way to Olympic other than for the transportation and handling of any Petroleum or Petroleum Products, within the existing Pipeline Corridor passing through the Franchise Area. None of the rights granted by this Franchise affects the City’s jurisdiction over its property, streets, or Rights-of-Way. 3.2. Amendment Required. The limited rights and privileges granted under this Franchise do not convey any right to Olympic to install any new pipeline(s) or Facilities that change the basic nature, size, or location of the Facilities without an amendment to this Franchise. 3.3. Acknowledgement. If Olympic becomes aware that a provision of this Franchise may be unlawful or invalid under applicable federal or state law, 8.C.b Packet Pg. 52 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 8 Olympic Pipe Line Company LLC Franchise Agreement it may not use such potential invalidity to unilaterally ignore or avoid such provision. Instead, Olympic will promptly advise the City of the potential invalidity or illegality, and the parties will meet within thirty (30) days and endeavor jointly to cure the invalidity or illegality. If the parties cannot agree, this provision does not constitute a waiver of any rights under federal or state law, including any claim that the provision is pre-empted by applicable federal or state law. SECTION 4. - Franchise Term. 4.1. Term. This Franchise shall have a term of ten (10) years from its Effective Date. Within one year of the end of the ten (10)-year term, either party may request an extension for an additional five (5)-year term. 4.2. Year-to-Year Extension. If the parties fail to formally renew the Franchise prior to the expiration of the term, the City may extend this Franchise on a year-to-year basis (or such term as the parties may mutually agree) until the City grants a renewed Franchise. 4.3. All Extensions are Discretionary. Extensions under this Section 4 will not be automatic and must be granted in writing by the City. SECTION 5. - Assignment and Transfer of Franchise. 5.1. City Council Approval Required. Olympic may not sell, assign, transfer, lease, or dispose of this Franchise, either in whole or in part, and Olympic may not pass title or permit it to vest, either legally or equitably, in any person or entity without the passage of an ordinance or resolution. The City’s consent will not be unreasonably withheld. Additionally, the City’s consent does not waive any rights of the City to subsequently enforce non- compliance issues relating to this Franchise that existed at or before the 8.C.b Packet Pg. 53 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 9 Olympic Pipe Line Company LLC Franchise Agreement time of the City’s consent. This provision shall not apply to any sale or transfer of Olympic’s stock by any of Olympic’s shareholders. 5.2. Acceptance. If the City consents, then Olympic will, within thirty (30) days, file with the City a written instrument evidencing such sale, assignment or transfer of ownership, whereby the assignee(s) or transferee(s) will agree to accept and be bound by all of the provisions of this Franchise. SECTION 6. - Compliance with Laws and Standards. Olympic shall comply with all valid and applicable Laws and/or standards, as they exist or may be amended, whether or not specifically mentioned in this Franchise. SECTION 7. - Construction on or within the Franchise Area. 7.1. Permits required. Except in the event of an Emergency, Olympic shall first obtain all required permits from the City to perform Construction, Improvements or Maintenance on Olympic’s Facilities within the Franchise Area. Olympic’s permit application shall contain detailed plans and specifications (“Plans”) showing the position, depth and location of all such Facilities in relation to City Rights-of-Way, Public Property, Public Ways, and Other Ways, or other City property, and specifying the class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures and facilities, erection of permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and all other necessary information. Such work will only commence upon the issuance of applicable permits, and payment of the associated fees, which permits will not be unreasonably withheld or delayed after submission of a complete application. Once a permit is issued, except in the event of an Emergency, Olympic will provide the City with at least 8.C.b Packet Pg. 54 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 10 Olympic Pipe Line Company LLC Franchise Agreement seventy-two (72) hours written notice prior to any Construction or Maintenance on Olympic Facilities within the Franchise Area. 7.2. Waiver of Permit for Emergency. In the event of an Emergency requiring immediate action by Olympic for the protection of the pipeline(s) or Facilities, or preservation or protection of Public Property, the environment or the property, life, health or safety of any individual, Olympic may take action immediately to correct the dangerous condition pursuant to Section 11 without first obtaining any required permit so long as: (1) Olympic notifies the Puget Sound Regional Fire Authority of the Emergency, including the nature, location and extent of the Emergency through the City’s designated dispatch system (i.e., 911), including any additional information required by the City’s or Olympic’s emergency response plans or Emergency Management Laws; and (2) Olympic informs the City’s designated permitting authority of the nature, location, and extent of the Emergency, and the work to be performed, prior to commencing the work if such notification is practical, or where such prior notification is not practical, the next business day; and (3) such permit is obtained by Olympic as soon as practicable. 7.3. Construction Guarantee. Upon acceptance of this Franchise by Olympic, Olympic shall post a bond in the amount of twenty-five thousand dollars ($25,000) that shall remain in effect for the term of this Franchise and shall ensure the faithful performance of Olympic’s obligations under the Franchise, including, but not limited to, payment by Olympic of any penalties, claims, liens, or fees due to the City that arise by reason of the operation, Construction, or Maintenance of the Facilities within the Franchise Area (“Franchise Bond”). Olympic shall pay all premiums or other costs associated with maintaining the Franchise Bond. Additionally, if the Franchise Bond is determined by the City to be inadequate to ensure Olympic’s performance or the project, Olympic shall post any additional 8.C.b Packet Pg. 55 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 11 Olympic Pipe Line Company LLC Franchise Agreement bonds the City requires to guarantee performance by Olympic in accordance with the conditions of any permits and/or the requirements of this Franchise. 7.4. Workmanship. All work performed by Olympic or upon Olympic’s direction or on Olympic’s behalf shall be accomplished in a safe and workmanlike manner and in accordance with the plans and approved permit. Olympic’s activities will be conducted in such a manner as to avoid damage or interference with other utilities, drains or other structures, and to not unreasonably interfere with public travel, park uses or other municipal uses, and the free use of adjoining property so as to provide safety for persons and property. Olympic’s Construction or Maintenance will be in compliance with all valid and applicable Laws and regulations and specifications of governmental agencies with jurisdiction. 7.5. Line Markers. Olympic will place and Maintain line markers pursuant to federal regulations within and along the Pipeline Corridor. Additionally, Olympic agrees to continue its voluntary practice of placing continuous markers underground, when and where appropriate, indicating the pipeline’s location each time Olympic digs to the pipeline, or such other “industry best practices” as may from time to time be developed as a method of alerting excavators of the presence of the pipeline. 7.6. Locator Service. Olympic will remain a member of the State of Washington One-Number locator service (Chapter 19.122 RCW), or approved equivalent, and will comply with all such applicable rules and regulations. 7.7. Avoiding Interference by Olympic’s Facilities. 7.7.1 Payment of Additional Costs. Should the City be able to objectively demonstrate that it has incurred or will incur incremental costs 8.C.b Packet Pg. 56 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 12 Olympic Pipe Line Company LLC Franchise Agreement in Public Improvements necessary to avoid damaging Olympic’s Facilities when constructing streets, water and sewer lines, and other City-owned underground utilities, Olympic shall pay to the City the full amount of such incremental costs. The City will invoice Olympic for these costs, and Olympic shall pay the invoice within thirty (30) days of the invoice. 7.7.2 Free Passage of Traffic. Olympic’s Facilities shall be located and maintained within the Franchise Area to prevent interference with the free passage of pedestrian and/or vehicle traffic, or with the reasonable ingress or egress to the properties abutting the Franchise Area as they exist at the time of installation, Maintenance and/or improvement of the Facilities. 7.8. Open Cut of the Right-of-Way Restrictions. If Olympic applies for a permit within the Franchise Area, Olympic will not open cut the Right-of- Way affected by the permit application if the City has completed an asphalt overlay on such Right-of-Way during a five (5)-year period immediately prior to the date of a permit application or if such Right-of-Way has a City pavement rating of 70 or higher, unless required by an Emergency or federal or state rule or order or otherwise approved by the City. If any such Right- of-Way is open cut, whether in an Emergency or otherwise, Olympic will install or cause to install a new asphalt overlay in accordance with City Design and Construction Standards or other specifications for a minimum of one hundred fifty (150) feet in length in both directions from the open cut at Olympic’s sole expense. Olympic may request that the City install the new asphalt overlay and invoice Olympic for all reasonable costs incurred by the City, but the City is not required to do so. Olympic or its agent will obtain any necessary permits pursuant to this Section 7 for any asphalt overlays required by this Section. 7.9. Coordination of Work. The parties shall make reasonable efforts to coordinate any work that either party may undertake within the Franchise 8.C.b Packet Pg. 57 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 13 Olympic Pipe Line Company LLC Franchise Agreement Area to promote the orderly and expeditious performance and completion of such work. At a minimum, such efforts shall include reasonable and diligent efforts to keep the other party and other utilities within the Franchise Area informed of Olympic’s intent to undertake work. The parties shall make reasonable efforts to minimize any delay or hindrance to any Construction work undertaken by themselves or utilities within the Franchise Area. 7.10. Inspection. Olympic shall regularly inspect the surface conditions on or adjacent to the Pipeline Corridor, as required by applicable state and federal regulations. SECTION 8. – Restoration after Construction. 8.1. Repair of Damage and Restoration. Olympic shall repair any damage to the Franchise Area, and the property of any third party, after installation, Construction, relocation, Maintenance or repair of its Facilities or after abandonment approved pursuant to Section 9, within thirty (30) days following the date of any of these activities and at Olympic’s sole cost and expense. Olympic shall restore the Franchise Area and the surface of any Rights-of-Way to the same or better condition as it was immediately prior to any installation, Construction, relocation, Maintenance, or repair by Olympic. Olympic shall not be responsible for any changes to the Franchise Area not caused by Olympic or anyone doing work for Olympic. 8.2. Completion of Restoration Work. 8.2.1 Olympic agrees to complete all restoration work to the Franchise Area or other affected area at its sole costs and expense and according to the time and terms specified in the construction permit issued by the City. Olympic also agrees to repair any damage caused by work to the Franchise Area within fourteen (14) days unless otherwise approved by 8.C.b Packet Pg. 58 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 14 Olympic Pipe Line Company LLC Franchise Agreement the Director. All work by Olympic pursuant to this Franchise shall be performed in accordance with applicable City standards and warranted for a period of two (2) years and for undiscovered defects as is standard and customary for this type of work. 8.2.2 If conditions (e.g., weather) make the complete restoration required under this Section 8 impracticable, Olympic shall temporarily restore the affected Right-of-Way or property at its sole cost and expense. Olympic shall promptly undertake and complete the required permanent restoration as soon as conditions no longer make such permanent restoration impracticable. 8.3. Survey Monuments. No survey monument may be removed (or replaced) without a professional land surveyor obtaining a permit in advance from the Washington State Department of Natural Resources and submitting a copy of the approved permit to the City. Olympic shall restore all concrete encased monuments that will be disturbed or displaced by such work to City standards and specifications. The Public Works Director or designee shall have final approval of the condition of the Rights-of-Way after repair or restoration by Olympic. 8.4. Reimbursement of City’s Costs to Restore. If Olympic does not repair the Franchise Area or an improvement in or to a Right-of-Way within the time prescribed by this Section 8, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an itemized invoice to Olympic. The City may also bill Olympic for any expenses associated with the design and inspection of such restoration work. 8.5. Survival. The provisions of this Section 8 shall survive the expiration or termination of this Franchise so long as Olympic continues to have Facilities in the Franchise Area and has not completed all restoration to the City’s standards. 8.C.b Packet Pg. 59 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 15 Olympic Pipe Line Company LLC Franchise Agreement SECTION 9. - Abandonment or Removal of Facilities. 9.1. Notification. Olympic will notify the City of any abandoned Facilities or permanent cessation of use of any of its Facilities within sixty (60) days after such abandonment or cessation of use. 9.2. Removal. In the event of abandonment or Olympic’s permanent cessation of use of its Facilities, or any portion thereof within the Franchise Area, Olympic will, within one hundred and eighty (180) days after the abandonment or permanent cessation of use, at Olympic’s sole cost and expense, either remove the Facilities or alternatively, with the consent of the City, which consent will not be unreasonably withheld, Olympic may secure the Facilities in such a manner as to cause them to be as safe as is reasonably possible, by removing all Petroleum Products, purging vapors, displacing the contents of the line with an appropriate inert material and sealing the pipe ends with a suitable end closure, all in compliance with valid and applicable regulations, and abandon them in place provided that portions of the Facilities which are above ground will be removed. Olympic will obtain any necessary permits pursuant to Section 7 for any securement or removal of Facilities under this Section. 9.3. Restoration after Removal or Securement. In the event of the removal or securement of all or a portion of the Facilities, Olympic will restore the Franchise Area as nearly as possible to a condition that existed prior to removal or securement of Olympic’s Facilities. This restoration work will be done at Olympic’s sole cost and expense and to the City’s reasonable satisfaction. If Olympic fails to remove or secure the Facilities and fails to restore the premises or take such other mutually agreed upon action, the City may, after reasonable notice to Olympic, remove the Facilities, restore the Franchise Area or take such other action as is reasonably necessary at Olympic’s sole expense and invoice Olympic for all reasonable costs incurred 8.C.b Packet Pg. 60 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 16 Olympic Pipe Line Company LLC Franchise Agreement by the City which costs shall be paid within thirty (30) days of invoice. This remedy will not be exclusive and will not prevent the City from seeking a judicial order directing that the Facilities be removed or properly abandoned in place or from seeking any other appropriate remedy. 9.4. Obligations. If Olympic abandons the Facilities in place, it will retain the obligation to remove, alter, relocate or re-secure such Facilities in the future at Olympic’s sole expense if it is reasonably determined, in the sole discretion of the City, that removal, alteration, relocation or re-securing the Facilities is necessary or advisable for the health, safety, necessity or convenience of the public. If Olympic fails to remove, alter, relocate or re- secure such Facilities in the future, the City may, after reasonable notice to Olympic, cause the Facilities to be removed, the premises to be restored or take any other action as is reasonably necessary at Olympic’s sole expense and invoice Olympic for all reasonable costs incurred by the City which costs shall be paid within thirty (30) days of invoice. If the City causes any work to be done at the Facilities, it will use a contractor or personnel that are qualified under Olympic’s required Operator Qualification Program. 9.5. Survival. The provisions of this Section 9 shall survive the expiration or termination of this Franchise so long as Olympic continues to have Facilities in the Franchise Area and has not completed all restoration to the City’s standards. SECTION 10. - Excavation Management. 10.1. Compliance with Laws. Olympic and the City will comply with applicable federal, state and local requirements regarding excavation management, including the State of Washington One-number locater service (chapter 19.122 RCW). Olympic will maintain a written program to prevent 8.C.b Packet Pg. 61 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 17 Olympic Pipe Line Company LLC Franchise Agreement damage to its Facilities from excavation activities, as required by applicable state and federal guidelines. 10.2. Excavator Notice to Olympic. Consistent with RCW 19.122.033, Notice of excavation to pipeline companies, the City will use reasonable efforts to inform all excavators that subject to a City grading or Right-of- Way permit working within 100 feet of Olympic’s Facilities of their responsibility to notify Olympic at least forty-eight (48) hours prior to the start of any work and to ensure compliance with the requirements of the State of Washington one-number locator service law (chapter 19.122 RCW). The City shall not be liable for any damage, loss or injury caused by a third party that the City failed to notify, or a third party’s failure to notify Olympic of any work near or affecting Olympic’s Facilities. 10.3. Inspection and Testing. Should Olympic become aware that a third party conducts any excavation or other significant work that may affect the Facilities, Olympic shall conduct such inspections and/or testing as required by applicable federal or state law to determine that no damage was done to the Facilities. SECTION 11. – Leaks, Spills and Emergency Response. 11.1. Emergency Response Plan. 11.1.1 Olympic shall maintain and provide to the City an Emergency Response Plan that is in compliance with the applicable federal and state Pipeline Operation and Safety Laws and Emergency Management Laws or state and federal agencies with jurisdiction. Upon written request by either party, the parties agree to meet periodically to review the Emergency Response Plan and procedures. Olympic shall make available for inspection to the City upon request its current manual for responding to 8.C.b Packet Pg. 62 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 18 Olympic Pipe Line Company LLC Franchise Agreement emergencies involving its pipeline and Facilities. The manual is based on the Northwest Area Contingency Plan, as approved by the Washington State department of Ecology (DOE) and the federal Pipeline and Hazardous Materials Safety Administration. 11.1.2 Olympic’s Emergency Response Plan and procedures will designate Olympic’s responsible local emergency officials and a direct 24- hour emergency contact number for the control center operator. The parties will cooperate throughout the term of this Franchise to keep emergency contact information up to date and accurate. Olympic will, after being notified of an Emergency anywhere within the City (even if the Emergency occurs outside of the Franchise Area), cooperate with the City and make every effort to respond as soon as possible to protect public property and the public’s health, safety, and welfare. 11.2. Emergency Response. 11.2.1 Olympic will cooperate with the City in planning for and responding to Emergencies involving or affecting Olympic’s Facilities requiring protection of property, public health and safety. Olympic shall at all times have available, within King County, sufficient emergency response personnel, equipment and materials to immediately and fully respond to any spill, leak, rupture or other release of Petroleum Products or Hazardous Substances from Olympic’s pipeline(s) or Facilities or that Olympic will be solely responsible for all reasonably necessary costs incurred by any agency in responding appropriately to any spill, leak, rupture or other release of Petroleum Products or Hazardous Substances from Olympic’s pipeline(s) or Facilities, including, but not limited to, detection and removal of any contaminants from, earth or water, all remediation costs, equipment replacement, and staffing costs, except for any spill, leak or other release 8.C.b Packet Pg. 63 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 19 Olympic Pipe Line Company LLC Franchise Agreement that results from the sole negligence or willful misconduct of the City or its contractors. 11.2.2 In the event of an Emergency, Olympic will (1) notify the Puget Sound Regional Fire Authority of the Emergency, including the nature, location and extent of the Emergency through the City’s designated dispatch system (i.e., 911), including any additional information required by the City’s or Olympic’s Emergency Response Plans or Emergency Management Laws; (2) investigate, respond to and report any leaks, spills, ruptures and other Emergencies affecting the City as required by applicable federal or state regulations and Emergency Response Plans; and (3) provide to the City a copy of any reports related to the investigation and response to any such Emergency or resulting corrective actions which are required by applicable federal or state regulations or directed by governmental authorities with jurisdiction. Olympic will notify the Puget Sound Regional Fire Authority Office of Emergency Management of the Emergency at (253) 856-4440 as soon as is practicable. 11.3. Recovery of Costs. Olympic shall be solely responsible for all costs incurred by the City in responding to any contamination, leak, rupture, or spill from Olympic’s Facilities, including, but not limited to, detection and removal of any contaminants from air, earth or water, and all actual remediation costs. This Section shall not limit Olympic’s rights or causes of action against any third party who may be responsible for a leak, contamination, spill or other release of hazardous liquid from Olympic’s Facilities, including third party insurers. 11.4. Investigation Required. In the event of an uncontained leak, spill or rupture from Olympic’s Facilities affecting the Franchise Area of five (5) gallons or more, Olympic will notify the City, and will notify the City of its response. In the event the leak is investigated by federal or state regulators, 8.C.b Packet Pg. 64 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 20 Olympic Pipe Line Company LLC Franchise Agreement Olympic will share the investigation results with the City within sixty (60) days of the investigation’s completion. SECTION 12. – Required Relocation of Facilities. 12.1. Relocation Requirement. Olympic agrees to protect, support, relocate, or remove from any Rights-of-Way any of its Facilities within a reasonable time when reasonably required by the City by reason of traffic conditions, public safety, dedications of new Rights-of-Way, the establishment and improvement of new Rights-of-Way, widening or improvement of existing Rights-of-Way or both, street vacations, freeway construction, change or establishment of street grade, or the construction of any Public Improvement or structure by any governmental agency acting in a governmental capacity or as otherwise necessary for the operations of the City or other governmental entity. Collectively, such matters are referred to within this Franchise with the term “Public Improvement.” 12.2. Notice to Relocate. The City will provide Olympic reasonable written notice of any Public Improvement that requires changes to or the relocation of Olympic’s Facilities. The City will endeavor, where practical, to provide Olympic at least 365 days prior written notice, or such additional time as may be reasonably required, of such Public Improvement. However, nothing in this Section will be construed as to relieve Olympic of its duty and obligation to relocate its Facilities to accommodate any Public Improvement undertaken by the City after the City has provided written notice of the requirement to relocate. 12.3. Locate. Upon written request of the City, or a third party performing work in the Franchise Area, and in order to facilitate the design of City street and Right-of-Way Improvements or other Public Improvement, Olympic agrees, at its sole cost and expense, to locate, and if determined necessary 8.C.b Packet Pg. 65 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 21 Olympic Pipe Line Company LLC Franchise Agreement by the City, to excavate and expose its Facilities for inspection so that the Facilities’ location may be taken into account in the Public Improvement design. The decision as to whether any Facilities need to be relocated in order to accommodate the Public Improvement shall be made by the City upon review of the location and Construction of Olympic’s Facilities. The City shall provide Olympic at least thirty (30) days’ written notice prior to any excavation or exposure of Facilities. Olympic shall be responsible for any delays due to failure to locate its Facilities when requested, except that Olympic shall not be responsible for delays or damages due to circumstances beyond the control of the Olympic. 12.4. Provision of Plans by City. The City will further provide Olympic with copies of pertinent portions of the final plans and specifications for such Public Improvement, so that Olympic may make the required changes to or relocate its Facilities to accommodate such Public Improvement. Olympic will cooperate with the City, upon request, by assisting the City in locating and marking the Facilities during the design phase, including providing the horizontal and vertical location of Olympic’s Facilities within the Franchise Area related to the proposed Public Improvement by field markings or Facilities location markings on the City’s design drawings. 12.5. Consideration of Alternatives. Olympic may, after receipt of written notice requiring changes to or relocation of its Facilities under Section 12.2, submit to the City within ninety (90) days, written alternatives to such relocation. The City will evaluate such alternatives and advise Olympic in writing if one or more of the alternatives are suitable to accommodate the Public Improvement that would otherwise necessitate changes to or relocation of the Facilities. If so requested by the City, Olympic will submit additional information to assist the City in making such evaluation including actual field verification of the location(s) of Olympic’s underground Facilities within the Public Improvement area by excavating (e.g., pot holing) and 8.C.b Packet Pg. 66 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 22 Olympic Pipe Line Company LLC Franchise Agreement restoring the premises to the same condition, at no expense to the City. The City will give each alternative proposed by Olympic full and fair consideration but retains sole discretion to decide whether to utilize its original plan or an alternative proposed by Olympic. If it is determined and agreed upon by the City and Olympic that it is in the mutual best interest of both the City and Olympic to redesign a proposed Public Improvement rather than have Olympic relocate its Facilities, Olympic will be responsible for the reasonable incremental costs of redesigning the Public Improvement, including, but not limited to, the increased costs of design, construction or Right-of-Way acquisition to avoid relocation of Olympic’s Facilities. Any agreed upon alternative arrangements shall not unduly delay the Public Improvement. 12.6. Relocation Route. The City will work cooperatively with Olympic in determining a viable and practical route within which Olympic may relocate its Facilities, in order to minimize costs while meeting the City’s project timelines and objectives. The City’s requirements with regard to the required changes or relocation (i.e., depth of cover, distance from other utilities, etc.) must be reasonable and consistent with applicable federal and state requirements; however, nothing in this section will be construed as to limit the City’s police power, land use authority, franchise authority, or the City’s authority to regulate Olympic’s use of the Franchise Area. 12.7. Time for Completion. Olympic understands that the City desires all relocation work to be completed prior to requesting bids for the Public Improvement and that relocation of Olympic’s Facilities must be completed prior to the commencement of the Public Improvement to avoid delays in the project schedule and related cost increases. Upon receipt of the City’s reasonable notice and plans and specifications per Sections 12.2 and 12.4, Olympic will take all necessary, prudent and prompt measures to complete relocation of such Facilities at least 180 days prior to the scheduled commencement of the Public Improvement. The parties may mutually agree 8.C.b Packet Pg. 67 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 23 Olympic Pipe Line Company LLC Franchise Agreement in writing to such other time for completion of the relocation if the City has provided less than one (1) year’s notice or other unique circumstances exist as long as it is reasonably prior to the scheduled commencement of the Public Improvement. Olympic agrees that it will be responsible for any additional costs from delays to the Public Improvement to the extent such additional costs are caused by delays in Olympic’s completion of the relocation of its Facilities, unless such delays by Olympic are beyond its reasonable control. 12.8. Contractor Delay Claims. Provided Olympic has been provided reasonable and timely notice as provided in Section 12.2, Olympic shall be solely responsible for the out-of-pocket costs incurred by the City for delays in a Public Improvement to the extent the delay is caused by or arises out of Olympic's failure to comply with the final schedule for the relocation (other than as a result of a Force Majeure Event or causes or conditions caused by the acts or omissions of the City or any third party unrelated to Olympic; Olympic vendors and contractors shall not be considered unrelated third parties). Such out-of-pocket costs may include, but are not limited to, payment to the City's contractors and/or consultants for increased costs and associated court costs, interest, and reasonable attorneys' fees incurred by the City to the extent directly attributable to such Olympic’s caused delay in the Public Improvement. 12.9. Subsequent Relocation. If the City requires Olympic to relocate any portion of its Facilities that have already been relocated as required by the City under this section within five (5) years of the original relocation, the City will bear the entire cost of the subsequent relocation. However, this Section 12.9 requirement does not apply to relocations required by the City for emergencies or threats to public health, life, and safety. 12.10.Private Development. Olympic will not be required to relocate its Facilities at its expense for the benefit of private developers or third-party 8.C.b Packet Pg. 68 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 24 Olympic Pipe Line Company LLC Franchise Agreement projects. However, if the City reasonably determines and notifies Olympic that the primary purpose for requiring such changes to or relocation of Olympic’s Facilities by a third party is to cause or facilitate the construction of a Public Improvement, or other similar plan, then Olympic will change or otherwise relocate its Facilities in accordance with this Section 12 at Olympic’s sole cost, expense, and risk. 12.11.Indemnification. Olympic will indemnify, hold harmless, and pay the costs of defending the City, in accordance with the provisions of Section 19. 12.12.Survival. The provisions of this Section 12 shall survive the expiration or termination of this Franchise during such time as Olympic continues to have Facilities in the Rights-of-Way. SECTION 13. – Violations, Remedies, and Termination. 13.1. Reservation of Rights. Olympic shall comply with the terms of this Franchise at all times. 13.1.1 The City reserves the right to apply any of the following remedies, alone or in combination, if Olympic violates any material provision of this Franchise. The remedies provided for in this Franchise are cumulative and not exclusive; the exercise of one remedy will not prevent the exercise of another or any rights of the City at law or equity. 13.1.2 Either party’s failure to exercise a particular remedy at any time shall not waive the City’s right to terminate, assess penalties, or assert any equitable or legal remedy for any future breach or default by Olympic. 8.C.b Packet Pg. 69 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 25 Olympic Pipe Line Company LLC Franchise Agreement 13.2. Termination. The City may terminate this Franchise if Olympic materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms of this Franchise, and fails to cure or make reasonable effort to cure such breach within thirty (30) days of receipt of written notice thereof, or, if not reasonably curable within thirty (30) days, within such other reasonable period of time as the parties may agree upon. 13.3. Dispute Resolution. Either party may invoke the Dispute Resolution clause contained in Section 14 of this Franchise as it deems necessary with regard to termination. 13.4. Olympic’s Liability and Obligation. 13.4.1 If Olympic’s right to Operate its Facilities within the Franchise Area is ultimately terminated, Olympic will comply with the terms of this Franchise regarding removal or abandonment of the Facilities and restoration of the premises, and with all directives of applicable federal, state, or local agencies with jurisdiction. 13.4.2 Termination of this Franchise shall not release Olympic from any liability or obligation with respect to any matter occurring prior to such termination. 13.5. Injunctive Relief. The parties acknowledge that the covenants set forth in this Franchise are essential and that they may not have an adequate remedy at law if the other party violates a covenant. Therefore, in addition to any other rights they may have, the parties shall have the right to obtain in any court of competent jurisdiction, injunctive relief to restrain any breach or threatened breach, or to specifically enforce any of the Franchise covenants should the other party fail to perform them. 8.C.b Packet Pg. 70 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 26 Olympic Pipe Line Company LLC Franchise Agreement SECTION 14. – Dispute Resolution. 14.1. Meeting of Representatives. In the event of a dispute between the City and Olympic arising by reason of this Franchise, the dispute will first be referred to the representatives designated by the City and Olympic to have oversight over the administration of this Franchise. The representatives will meet within thirty (30) days of either party’s request for a meeting, and the parties will make a good faith effort to attempt to achieve a resolution of the dispute. 14.2. Mediation. If the parties are unable to resolve the dispute under the procedure set forth in Section 14.1, then the parties agree that the matter will be referred to mediation. The parties will endeavor to select a mediator acceptable to both sides. If the parties cannot reach agreement, then each party will secure the services of a mediator at its own expense, who will in turn work together to mutually agree upon a third mediator to assist the parties in resolving their differences, whose expense will be shared equally by the parties. Any other reasonable expenses incidental to mediation will be borne equally by the parties. 14.3. Judicial Remedies. If either party is dissatisfied with the outcome of the mediation, that party may then pursue any available judicial remedies. Each party will be responsible for its own costs and attorneys’ fees. 14.4. Operation During Dispute Resolution. Subject to Laws, Olympic will be permitted to continuously Operate its Facilities during dispute resolution. SECTION 15. – Indemnification. 15.1. General Indemnification. Except for environmental matters, which are covered by a separate indemnification in Section 15.2, Olympic will 8.C.b Packet Pg. 71 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 27 Olympic Pipe Line Company LLC Franchise Agreement indemnify, defend and hold harmless the City, its agents, officers or employees from any and all liability, loss, damage, cost, expense, and any claim whatsoever, including reasonable attorneys’ and experts’ fees incurred by the City in defense thereof, whether at law or in equity, arising out of or related to, directly or indirectly, the construction, operation, use, location, testing, repair, maintenance, removal, abandonment or damage to Olympic’s Facilities, or from the existence of Olympic’s pipeline and other appurtenant facilities, and of the products contained in, transferred through, released or escaped from said pipeline and appurtenant facilities, from any and all causes whatsoever, except the City’s sole negligence and except to the extent it is caused by the City’s non-compliance with Section 10.2, (One- number locator service requirements). If any action or proceeding is brought against the City by reason of the pipeline or its appurtenant facilities, Olympic will defend the City at Olympic’s complete expense, provided that, for uninsured actions or proceedings, defense attorneys will be approved by the City, which approval will not be unreasonably withheld. The City agrees to fully cooperate with Olympic in providing access to witnesses, documents, and information related to the City’s defense. 15.2. Environmental Indemnification. Olympic will indemnify, defend and hold harmless the City, its agents, officers or employees, from and against any and all liability, loss, damage, expense, actions and claims either at law or in equity, including, but not limited to, costs and reasonable attorneys’ and experts’ fees incurred by the City in defense thereof, arising from (a) Olympic’s violation of any Environmental or Hazardous Substance laws applicable to the Facilities; or (b) from any release of a Hazardous Substance on or from the Facilities expect to the extent it is caused by City’s noncompliance with Section 10.2 (One-number locator service requirements). This indemnity includes, but is not limited to, (a) liability for a governmental agency’s costs of removal or remedial action for Hazardous Substances; (b) damages to natural resources caused by Hazardous 8.C.b Packet Pg. 72 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 28 Olympic Pipe Line Company LLC Franchise Agreement Substances, including the reasonable costs of assessing such damages; (c) liability for any other person’s costs of responding to Hazardous Substances; and (d) liability for any costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any Environmental or Hazardous Substance laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory. 15.3. Procedures and Defense. If a claim or action arises, the City or any other indemnified party shall promptly notify Olympic of such claim or action and tender the defense of the claim or action to Olympic, which defense shall be at Olympic’s expense. The City’s failure to so notify and request indemnification shall not relieve Olympic of any liability that Olympic might have, except to the extent that such failure prejudice Olympic’s ability to defend such claim or suit. The City may participate in the defense of a claim, but if Olympic provides a defense at Olympic’s expense then Olympic shall not be liable for any attorneys’ fees, expenses, or other costs the City may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described in Section 15.5 is required. In that event, the provisions of Section 15.5 shall govern Olympic’s responsibility for City’s attorney’s fees, expenses, or other costs. Olympic may not agree to any settlement of claims affecting the City without the City's consent, such consent not to be unreasonable withheld or delayed. 15.4. Avoidance. Inspection or acceptance by the City of any work performed by Olympic at the time of completion of Construction shall not be grounds for avoidance by Olympic of any of its obligations under this Section 15. The fact that Olympic carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Olympic's duty of defense and indemnification under this subsection. 8.C.b Packet Pg. 73 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 29 Olympic Pipe Line Company LLC Franchise Agreement 15.5. Expenses. If separate representation to fully protect the interests of both parties is or becomes necessary, such as a conflict of interest between the City and the counsel selected by Olympic to represent the City, Olympic shall pay, from the date such separate representation is required forward, all reasonable expenses incurred by the City in defending itself with regard to any action, suit, or proceeding subject to indemnification by Olympic. Provided, however, if such separate representation is or becomes necessary, and the City desires to hire counsel or any other outside experts or consultants and desires Olympic to pay those expenses, then the City shall be required to obtain Olympic’s consent to the engagement of such counsel, experts, or consultants, such consent not to be unreasonably withheld. The City's expenses shall include all reasonable out-of-pocket costs and expenses, such as consultants' fees and court costs, but shall not include outside attorneys’ fees for services that are unnecessarily duplicative of services provided the City by Olympic, except in the event of a conflict of interest where such duplication may be required. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any claim or action. 15.6. RCW 4.24.115. The parties acknowledge that this Franchise is subject to RCW 4.24.115. Accordingly, 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 Olympic and the City, its officers, officials, employees, and volunteers, Olympic’s liability shall be only to the extent of Olympic’s negligence. It is further specifically and expressly understood that the indemnification provided constitutes Olympic’s waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. 8.C.b Packet Pg. 74 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 30 Olympic Pipe Line Company LLC Franchise Agreement 15.7. Survival. The provisions of this Section 15 shall survive the expiration, revocation, or termination of this Franchise. SECTION 16. – Insurance. 16.1. Insurance Requirements. Olympic will procure and maintain for the duration of the Franchise, insurance; or upon City’s written approval based on satisfactory evidence of financial capacity and stability, Olympic may provide self-insurance, against all claims for injuries to persons or damages to property, which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Olympic, its agents, representatives or employees. Olympic will provide an insurance certificate, together with an endorsement naming the City, its officers, elected officials, agents, employees, representatives, engineers, consultants and volunteers as additional insureds, excluding Workers’ Compensation and Employer’s Liability, and to the extent of Olympic’s obligations hereunder, to the City upon Olympic’s execution of this Franchise, and such insurance certificate will evidence the following minimum coverages. Olympic may use a combination of primary and excess coverage to achieve the required limits: A. Commercial general liability insurance including coverage for premises – operations, contractual liability, explosions and collapse hazard, underground hazard and products completed hazard, with limits not less than $100,000,000 per occurrence and in the aggregate for bodily injury or death to each person; and in the aggregate for property damage resulting from any one accident; and in the aggregate for general liability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000 for each person and $2,000,000 for each accident. 8.C.b Packet Pg. 75 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 31 Olympic Pipe Line Company LLC Franchise Agreement C. If applicable, Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than $2,000,000. D. Environmental pollution liability with a limit not less than $50,000,000 for each occurrence, covering liability from sudden or accidental occurrences to the extent such coverage is reasonably available in the marketplace, and if not, a substantially equivalent coverage for similar occurrences. E. Any and all above policy limits may be met through a combination of primary, excess, or umbrella coverage at Olympic’s option. 16.2. Deductibles. Any deductibles or self-insured retention will be the sole responsibility of Olympic. The insurance certificate required by this Section 16 will contain a clause stating that coverage will apply separately to each insured against whom claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability. 16.3. Primary Insurance. To the extent of Olympic’s obligations in this Franchise, Olympic’s insurance will be primary insurance with respect to the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers will be in excess of Olympic’s insurance and will not contribute with it. 16.4. Cancellation Requirements. In addition to the coverage requirements set forth in this Section, the certificate of insurance will provide that: “The above described policies will not be canceled before the expiration date thereof, without Olympic giving thirty (30) days written notice to the certificate holder.” 8.C.b Packet Pg. 76 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 32 Olympic Pipe Line Company LLC Franchise Agreement 16.5. Certificates of Insurance. Olympic will furnish the City with certificates of insurance and original endorsements evidencing the coverage required by this Section upon acceptance of this Franchise. The certificates and endorsements will be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. 16.6. Continuation of Coverage. If coverage is purchased on a “claims made” basis, then Olympic will warrant continuation of coverage, either through policy renewals or the purchase of an extended discovery period, for not less than three (3) years from the date of termination of this Franchise or conversion from a “claims made” coverage form to an “occurrence” coverage form. 16.7. Survival. The indemnity and insurance provisions within Sections 15 and 16 will survive the termination of this Franchise and will continue for as long as Olympic’s Facilities will remain in or on the Franchise Area or until the parties execute a new Franchise agreement that modifies or terminates these indemnity or insurance provisions. SECTION 17. – Annual Franchise Fee. 17.1. Franchise Fee. The current Franchise fee shall be $28,000 per annum for use of the Franchise Area. The Franchise fee for 2021-2022 is $28,420.00 ($28,000.00 multiplied by 1 ½%), which is intended to cover the City’s reasonable costs related to the general administration of the Franchise and its terms and conditions. 17.2. Annual Increase. Beginning with year two of the Franchise term and each year thereafter, the annual fee shall be increased by the most recently 8.C.b Packet Pg. 77 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 33 Olympic Pipe Line Company LLC Franchise Agreement published Consumer Price Index All Urban Consumers (CPI-U) for the Seattle-Tacoma-Bremerton Area, or at a rate of one and one-half percent (1 ½%), whichever is greater. Each increase will become effective on the anniversary date of this Franchise each year. 17.3. Payment Due. Each annual payment will cover the next twelve (12) month period and will be paid not later than the anniversary of the Effective Date of this Franchise. Interest will accrue on any late payment at the rate of twelve percent (12%) per annum. Such interest will be in addition to any applicable penalties for late payment. Any partial payment will first be applied to any penalties, then interest, then to principal. 17.4. Additional Administrative Costs. The Franchise fee set forth in Section 17.1 does not include, and Olympic agrees that it is separately responsible for, other reasonable costs or charges customarily charged by the City to other businesses or persons, such as customary permitting fees. The annual Franchise fee does not include any generally applicable taxes that the City may legally levy. Olympic shall pay the Franchise renewal application review fee, pursuant to Kent City Code Section 6.15.070, as it exists, and as amended, Olympic will also bear the cost of publication of this Ordinance. SECTION 18. – Olympic Accepts Franchise Area “As Is”. Olympic accepts the Franchise Area in an “as is” condition. Olympic agrees that the City has never made any representations, implied or express warranties or guarantees as to the suitability, security or safety of the location of Olympic’s Facilities or the Facilities themselves or possible hazards or dangers arising from other uses or users of the Franchise Area including, the City, the general public or other utilities. As between the City and Olympic, Olympic will remain solely and separately liable for the 8.C.b Packet Pg. 78 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 34 Olympic Pipe Line Company LLC Franchise Agreement function, inspection, testing, Maintenance, replacement or repair of the Facilities or other activities permitted under this Franchise. SECTION 19. – Information Sharing. 19.1. Information Request. Upon request Olympic shall make available for inspection, at no cost to the City, any information reasonably requested by the City to coordinate its function with Olympic’s activities and fulfill any municipal functions under state law. The required information may include, but is not limited to, any installation inventory, maps, plans, a pipeline map depicting the location of Olympic’s pipeline, and as-built drawings of Olympic’s Facilities within the City. Unless otherwise specified by the City, Olympic may satisfy this requirement by making available to the City GIS data (including GPS coordinates) depicting the location of the Facilities within the Franchise Area. Upon request, Olympic shall make available for review at its offices its Damage Prevention Program and Procedures. Olympic shall warrant the accuracy of all information provided to the City. To the extent permitted by applicable law, and as otherwise provided herein, the City will keep the pipeline map and GIS data confidential and protected from public disclosure. 19.2. Field Verification. It is understood and agreed by the parties that the precise location and depth of Olympic’s pipeline shall be field verified if exact alignment is required for a construction project in the vicinity of the pipeline by using the One-number location system. It is further understood that the pipeline map and GIS data, while reasonable guides to the location of the line, are no substitute for direct contact with an appropriate employee or representative of Olympic whenever construction is contemplated or planned. 8.C.b Packet Pg. 79 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 35 Olympic Pipe Line Company LLC Franchise Agreement 19.3. City’s Development Plans. The City’s long-range construction or development plans are available for review on the City’s website: www.kentwa.gov. The City shall make available upon request copies of long- range plans to Olympic in a physical media format. Construction plans for projects which may affect the pipeline may be submitted for review and comment to Olympic when applicable. 19.4. Inspection Results. Olympic agrees with applicable criteria relating to pipeline integrity management developed by relevant state or federal regulatory authorities. Upon request, Olympic shall make available for review at its offices a summary of necessary repairs identified as a result of any in-line inspection of pipeline segments within the Franchise Area along with the indicated mitigation efforts and completion date of any such mitigation. SECTION 20. – Notice. 20.1. Notice and Contact Information. Any notice or information required or permitted to be given to the parties under this Franchise shall be sent to the following addresses unless otherwise specified, by personal delivery, overnight mail by a nationally recognized courier, or by U.S. certified mail, return receipt requested and shall be effective upon receipt or refusal of delivery: City: City of Kent 220 4th Avenue South Kent, WA 98032 Office of Emergency Management With copy to: City Attorney City of Kent Law Department 220 4th Avenue S. Kent, WA 98032 8.C.b Packet Pg. 80 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 36 Olympic Pipe Line Company LLC Franchise Agreement Olympic: Olympic Pipe Line Company LLC Attn: President & ROW Agent 2319 Lind Avenue SW Renton, WA 98057 With copy to: Doug Berry Miller Nash Graham & Dunn LLP Pier 70, 2801 Alaskan Way, Suite 300 Seattle, WA 98121 20.2. Representative Designated. To ensure effective cooperation, Olympic and the City will each designate a representative responsible for day-to-day communications between the parties. SECTION 21. – Miscellaneous. 21.1. Olympic’s Acceptance. The City may void this Franchise Ordinance if Olympic fails to file its unconditional written acceptance of this Franchise within thirty (30) days from the final passage of same by the City Council. Olympic will file its unconditional written acceptance with the City Clerk of the City of Kent. 21.2. No Duty by City. This Franchise creates no duty by the City or any of its officials, employees or agents and no liability will arise from any action or failure to act by the City or any of its officials, employees or agents in the exercise of powers reserved herein. This Franchise is not intended to acknowledge, create, imply, or expand any duty or liability of the City with respect to any function in the exercise of its police power or for any other purposes. Any duty that may be deemed to be created in the City by this Franchise shall only be a duty to the general public and not to any specific party, group or entity. 8.C.b Packet Pg. 81 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 37 Olympic Pipe Line Company LLC Franchise Agreement 21.3. Acknowledgement. Olympic acknowledges that it has carefully read and fully comprehends the terms and conditions of this Franchise and is willing to and does accept all reasonable risks of the meaning of the Franchise’s provisions, terms, and conditions and believes that the Franchise is compliant with applicable Laws. If in the future Olympic becomes aware that a provision of this Franchise may be unlawful or invalid, it will not use such potential invalidity to unilaterally ignore or avoid such provision. Instead, Olympic will promptly advise the City of the potential invalidity or illegality, and the parties will meet within thirty (30) days and endeavor jointly to cure the invalidity or illegality. 21.4. Severability. If a court or agency of competent jurisdiction declares a material provision of this Franchise to be invalid, illegal or unenforceable, the parties will negotiate in good faith and agree, to the maximum extent practicable in light of such determination, to such amendments or modifications as are appropriate actions so as to give effect to the intentions of the parties as reflected herein. If severance from this Franchise of the particular provisions(s) determined to be invalid, illegal or unenforceable will fundamentally impair the value of this Franchise, either party may apply to a court of competent jurisdiction to reform or reconstitute the Franchise so as to recapture the original intent of the particular provision(s). All other provisions of the Franchise will remain in effect at all times during which negotiations or a judicial action remains pending. 21.5. Time of the Essence. Whenever this Franchise sets forth a time for any act to be performed, such time shall be deemed to be of the essence, and any failure to perform within the allotted time may be considered a material violation of this Franchise. 21.6. Force Majeure. If Olympic is prevented or delayed in the performance of any of its obligations under this Franchise by reason(s) beyond the 8.C.b Packet Pg. 82 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 38 Olympic Pipe Line Company LLC Franchise Agreement reasonable control of Olympic, then Olympic’s performance will be excused during the Force Majeure occurrence, except that it will make best efforts to perform all its obligations under Section 11 at all times. Upon removal or termination of the Force Majeure occurrence Olympic will promptly perform the affected obligations in an orderly and expedited manner under this Franchise or procure a substitute for such obligation or performance that is satisfactory to the City. Olympic will not be excused by mere economic hardship or by misfeasance or malfeasance of its directors, officers or employees. The parties represent to each other that at the time of signing this Franchise, 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. 21.7. Section Headings. The section headings in this Franchise are for convenience only, and do not purport to and will not be deemed to define, limit, or extend the scope or intent of the section to which they pertain. 21.8. Third Parties. The parties do not create any obligation or liability, or promise any performance to, any third party, nor have the parties created any third party right to enforce this Franchise beyond what is provided for by Laws. Third parties are any party other than the City and Olympic. This Franchise shall not release or discharge any obligation or liability of any third party to either party. 21.9. Successors and Assigns. This Franchise and all of the terms and provisions will be binding upon and inure to the benefit of the respective successors and assignees of the parties. 8.C.b Packet Pg. 83 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 39 Olympic Pipe Line Company LLC Franchise Agreement 21.10.Authority to Sign. The City and Olympic respectively represent that their respective signatories are duly authorized and have full right, power, and authority to execute this Franchise on such party’s behalf. 21.11.Modification of Terms and Conditions. Notwithstanding any provisions of this Franchise to the contrary, the parties reserve the right to alter, amend or modify the terms and conditions of this Franchise upon written agreement and approval of the City Council of such alteration, amendment, or modification. 21.12.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Franchise or any of its terms shall be in the United States District Court for the Western District of Washington or in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent, Washington. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.C.b Packet Pg. 84 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 40 Olympic Pipe Line Company LLC Franchise Agreement UNCONDITIONAL ACCEPTANCE BY OLYMPIC PIPE LINE COMPANY OF ORDINANCE NO. _________ OF THE CITY OF KENT, WASHINGTON The undersigned official of Olympic Pipe Line Company LLC, hereby accepts Ordinance No. ________, which was passed by the City Council of the City of Kent, Washington on ______________ and is entitled: AN ORDINANCE of the City Council of the City of Kent, Washington, granting Olympic Pipe Line Company LLC, a Delaware limited liability company, a nonexclusive franchise to construct, operate, maintain, remove, replace, and repair existing pipeline facilities, together with equipment and appurtenances thereto, for the transportation of petroleum products within and through the franchise area of the City of Kent. IN TESTIMONY WHEREOF said Olympic Pipe Line Company LLC, has caused this written Acceptance to be executed in its name by its undersigned authorized signer, duly authorized on this ___ day of _______, 2021. OLYMPIC PIPE LINE COMPANY LLC By: Print Name: Title: 8.C.b Packet Pg. 85 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) 41 Olympic Pipe Line Company LLC Franchise Agreement STATE OF WASHINGTON ) ) ss. County of King ) I certify that I know or have satisfactory evidence that _______________________ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the _____________________of Olympic Pipe Line Company LLC to be free and voluntary acts of such party for the uses and purposes mentioned in the instrument. Dated this ______ day of __________, 2021. Notary Public in and for the State of Washington residing at My commission expires Received on behalf of the City this _____ day of ____________, 2021. By: Name: Kimberley A. Komoto Title: City Clerk 8.C.b Packet Pg. 86 Attachment: Olympic Franchise - Exhibit A Franchise Agreement (2749 : Introduction of Franchise Ordinance with Olympic Pipeline Company) DATE: July 6, 2021 TO: Kent City Council SUBJECT: Software Licensing with Vermont Systems, Inc - Authorize MOTION: I move to authorize the Mayor to sign a five-year Services Agreement with Vermont Systems, Inc., through which the City will obtain training services and access to RecTrac, a recreation scheduling and management software, at a total contract cost not to exceed $273,160, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. SUMMARY: The Parks and Information Technology departments seek approval of a contract that will authorize access to a software solution, RecTrac, that will enhance the City’s capability to conduct recreation management and provide critical efficiencies to support Parks recreation operations. RecTrac will allow recreation staff to input, manage and maintain customer accounts, memberships, programs, facility rentals, and league scheduling in support of Parks’ operations. The contract includes a “train the trainer” approach where Program Leads will receive remote training in use of the software. The overall project also includes a companion contract with a separate point of sale provider, Card Connect, to support credit card payment processing. However, the companion contract with Card Connect includes a contract cost of approximately $23,100 which does not require Council approval. Staff is still working to negotiate the terms of the Card Connect contract. RecTrac will replace the existing recreation management system (CLASS 8.0) originally implemented in July 1999. CLASS reached end of life at year-end 2018. All self-hosted customers are required to switch to ActiveNet (the company that acquired CLASS) or replace the product with a different system. ActiveNet was evaluated by the Parks Department as a potential solution but Parks found that it provided decreased functionality at an increased cost compared to RecTrac. While there are close to 50 Parks recreation staff who are users of the CLASS system, for costing purposes, Parks estimates access to RecTrac for 25 concurrent users will be sufficient. Under the Services Agreement, Vermont Systems, Inc. will perform the following services in addition to providing software access: account migration, system integration testing, end user training, and system go-live support. Project costs will be fully covered by funds currently budgeted for the Parks System Replacement. No 8.D Packet Pg. 87 new dollars are being requested. The agreement with RecTrac provides for an initial one-year term that will renew automatically on a yearly basis for up to four additional years, for a maximum contract term of five years. The total cost for the first year, including hardware and integration and training services, is $82,272. After the first year, the annual cost thereafter is $41,514 for each of the four remaining years. BUDGET IMPACT: The contract cost is fully-budgeted for the first two years from that portion of the City’s Capital Improvement Budget for Technology Projects dedicated for the “Parks System Replacement.” Project costs in years three through five will be covered by the Parks Department’s maintenance budget. Description Cost Impact Year 1 - Annual Software Licensing $37,740 Year 1 - Services (Non-recurring) $1,750 Year 1 - Implementation and Training Costs $11,600 Year 1 - Hardware and Supplies (One Time) $24,758 Use or Sales Tax as Applicable $6,424 Years 2 - 5 - Annual Software Licensing $150,960 ($37,740 ea. year) Use or Sales Tax Years 2 - 5 $15,096 ($3,774 ea. year) Sub-Total $248,328 Contingency (10%) $24,832 Total Contract Cost $273,160 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. 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (PDF) 06/22/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/6/2021 7:00 PM 8.D Packet Pg. 88 Vermont Systems Inc - RecTrac CotW Exhibit A Services Agreement 8.D.a Packet Pg. 89 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - SERVICES AGREEMENT This Services Agreement is entered into as of the last date signed below ___________________ (“Effective Date”) by and between RECTRAC, LLC d/b/a VERMONT SYSTEMS, a Delaware limited liability company having its principal address at 12 Market Place, Essex Junction, VT 05452 (“VS,” “Licensor,” “we,” “our,” or “us”) and the customer identified in Section 1 below (“Customer,” “Licensee,” “you” or “your”) (each a “Party,” and, collectively, the “Parties”). This Services Agreement, including all attachments, schedules, exhibits or Addenda referenced herein, shall collectively comprise the “Agreement” between you and us. Terms not defined below shall have the meanings as set forth in Section 1 of the Terms of Service, included within Exhibit B and incorporated below. 1. CUSTOMER INFORMATION Customer Name (Legal Entity) Doing Business As (if applicable) City of Kent, Washington Office Address 220 Fourth Ave. South, Kent, Washington 98032 Business Address (if business is located somewhere other than the office address) 220 Fourth Ave. South, Kent, Washington 98032 Customer’s General Contact (for all matters under the Agreement) General Contact Phone General Contact Email Mike Carrington 253-856-4607 mcarrington@kentwa.gov Customer’s Billing Contact (for billing matters under the Agreement) Billing Contact Phone Billing Contact Email Lynette Smith 253-856-4602 lsmith@kentwa.gov VS Customer Lead VS Lead Phone VS Lead Email David Wirtz (802) 276-5629 DavidWO@VermontSystems.com 2. TERM Initial Term: 12 months. The Initial Term will commence on the first day of the month in which the software is implemented and available for the Customer’s use and will end 12 consecutive months later. Renewal Term: 12 months. Unless Customer provides written notice of cancellation at least 90 days prior to the expiration of the Initial Term, the Agreement will automatically renew for another 12-month term (“Renewal Term”). Thereafter, the Agreement will automatically renew for successive 12-month Renewal Terms, up to a maximum total Term of five (5) years or until the Agreement is earlier terminated in accordance with Section 4 of the Terms of Service within Exhibit A. 3. SERVICES & FEES You are contracting to receive the Services, and to pay the Fees, as more specifically described in the Order Schedule. The Order Schedule is attached hereto and incorporated by reference herein as Exhibit B. DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 90 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 4. PAYMENT SERVICES You are choosing the following Payment Services option: ☒ Payment Services Not Included No Payment Services are being offered by VS or through the VS platform. Customer is handling all payment services on its own or through its own third-party payment service provider ☐ Payment Services Included Customer is choosing to use the VS platform and/or payment gateways for Payment Services. Customer is required to enter into a separate Sub-Merchant Agreement made part of the Agreement. 5. HOSTING Customer is choosing the following hosting option: ☐ Customer Hosted Customer hosts data locally, on its own servers. VS has no responsibility for maintaining and/or securing Customer Data on Customer’s servers. ☒ VS Hosted VS hosts Customer Data on VS-controlled and maintained servers. Any VS hosting will be subject to all hosting policies as described in the VS Terms of Service. 6. TERMS OF SERVICE Customer has read, understands and agrees to VS’s Terms of Service, which shall be incorporated and considered part of this Agreement. VS’s Terms of Service is attached hereto as Exhibit A. 7. PRIVACY & SECURITY Customer has read, understands and agrees to VS’s Privacy Policy, which shall be incorporated and considered part of this Agreement. VS’s Privacy Policy is attached hereto as Exhibit C. 8. SERVICE LEVEL COMMITMENTS Customer has read, understands and agrees to VS’s Service Level Agreements, each of which shall be incorporated and considered part of this Agreement. VS’s Service Level Agreement for Hosting Services is attached hereto as Exhibit D. VS’s Service Level Agreement for Support Services is attached hereto as Exhibit E. 9. AGREED SUMMARY OF ABOVE AND ADDITIONAL LISTED EXHIBITS Exhibit A - Terms of Service Exhibit B – Order Schedule Exhibit C - Privacy Policy Exhibit D – Service Level Agreement (Software) Exhibit E – Service Level Agreement (Support) Exhibit F - API Terms of Use Exhibit G - Insurance Addendum Exhibit H - Statement of Work DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 91 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Exhibit – I City of Kent Acknowledgements & Sign Offs ACCEPTANCE Customer acknowledges that it has read, understands and accepts the Agreement as written, inclusive of all attachments, schedules or exhibits, as may be revised, and agrees to pay all Fees and all other charges permitted by the Agreement. The individual signing the Agreement on behalf of Customer acknowledges that he/she has the proper legal authority to act on the Customer’s behalf and to bind the Customer to this Agreement. AGREED TO BY CUSTOMER : City of Kent, Washington _______________________________________ ________________ Date _______________________________________ Name Title ACCEPTED BY VERMONT SYSTEMS: RecTrac, LLC _______________________________________ ________________ Scott Strong Date President 06/09/2021 DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 92 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Vermont Systems Inc - RecTrac CotW Exhibit B Terms of Service 8.D.a Packet Pg. 93 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 1 ©2021 Vermont Systems. All Rights Reserved. TERMS OF SERVICE 1. DEFINITIONS. Capitalized terms used but not otherwise defined in theseTerms of Service will have the meaning ascribed to such terms in theServices Agreement or other applicable Addenda.“Addendum” or “Addenda” or “Amendment” means a written documentadded to the Agreement containing new or supplemental terms to whichboth parties have signed an acknowledgement of their assent to its termsthrough their authorized representatives.“Agreement” means the Services Agreement and any attachments,schedules or exhibits referenced therein, which could include the OrderSchedule, Privacy Policy, Terms of Service, Service Level Agreement,Statement of Work, Sub-Merchant Agreement, or any later-signedAddenda.“Billing Period” means the period of time covered by a single recurringdues fee for Services. Unless otherwise noted, a Billing Period will be billedin advance and will cover a period of one (1) year.“Cardholder Data” is a subset of Customer Data and generally includes aPatron’s name, billing address, credit card number, expiration date and CVVcode.“Confidential Information” means any and all information disclosed byeither party to the other which is marked “confidential” or “proprietary,” orwhich the recipient has reason to know is regarded by the disclosing partyas confidential or proprietary. ”Confidential Information” does not includeany information that the receiving party can demonstrate by its writtenrecords: (a) was known to it prior to its disclosure hereunder by thedisclosing party; (b) is or becomes known through no wrongful act of thereceiving party; (c) has been rightfully received from a third party authorized to make such a disclosure; (d) is independently developed by the receivingparty; (e) has been approved for release with the disclosing party’s priorwritten authorization; or (f) is required to be disclosed by court rule, courtorder or as otherwise required by law, and subject to any notice that maybe required herein to enable the other party to seek a protective order orotherwise prevent such disclosure.“Customer” is a VS customer. The Customer is the individual, businessentity, non-profit, military branch, or municipality contracting with us toreceive Services as more specifically identified in the Services Agreement.Customer may also be referred to in the Agreement as “you,” “your” or“Licensee.” “Customer Data” is the content, information or data which you, your EndUsers and/or your Patrons enter into the Software associated with ourServices. Customer Data may include Patron Data, among other types ofdata.“Effective Date” shall have the meaning as set forth in the ServicesAgreement.“End Users” are your authorized users of the Software associated with ourServices. Those licenses associated with a Customer’s concurrent End Userswill be listed in the Order Schedule.“Exhibit” means a document attached and incorporated into the parties’Agreement and made a part thereof.“Fees” mean any and all fees associated with the use of our Services,including (but not limited to) Software Fees, Hosting Fees, Support Fees,any fees associated with our Payment Services, and/or any fees associatedwith Professional Services, as well as any other fees or charges permitted bythe Agreement. Fees may be recurring, non-recurring, or one-time, as morespecifically described in the Order Schedule.“Hardware” means the computer equipment, point-of-sale terminals, orother technical hardware distributed by us or by a reseller on our behalf.Hardware may contain firmware or software.“Hosting Fees” mean the fees associated with the hosting of CustomerData on our VS-controlled servers and systems. “Initial Term” is the initial term for Services, as described in the Services Agreement. “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. “Order Schedule” means VSI Quote Number QUE-05215-H8Q9T2 which itemizes the Services we are providing to you and any specific fees you are agreeing to pay us in exchange for those Services. “Patron(s)” mean(s) the individuals who purchase your products and/or services and who otherwise interact with the Software associated with our Services. Patrons are your customers, clients or members. “Patron Data” means information about Patrons entered into the Software by you, your End Users or your Patrons. Patron Data may include (but is not limited to) personally identifiable information and/or Cardholder Data. “Payment Services” means the payment and billing-related services that we may provide to you under the Agreement. Payment Services may be described in the Order Schedule or in a separate Addendum, and your receipt of Payment Services requires that you enter into a separate Sub-Merchant Agreement with us. “Professional Services” are any professional services provided outside of our initial install and setup of the Software associated with our Services. Professional services may include consulting, custom development work, supplemental or onsite training, or other projects. Professional Services will be subject to the provisions of the Agreement, and any future Statement of Work mutually agreed to and signed by the Parties after the Effective Date of the Agreement. “Services” mean any and all of those products and/or services offered by us to you under the Agreement. Services may include products or services related to software, hosting, hardware, support and/or payments. A specific itemization of Services can be found in the Order Schedule. “Services Agreement” means the contract between you and us for Services. The Services Agreement, together with any attachments, schedules or exhibits referenced therein, is broadly referred to as the “Agreement” between you and us. “Software” means our proprietary technology software and any and all associated modules, websites, third party integrations and/or mobile applications (if applicable). “Software Fees” mean those fees associated with your access to and use of our Software or any component thereof. We may charge Software Fees monthly, quarterly or annually, as more specifically described in the Order Schedule. “Sub-Merchant Agreement” means our Sub-Merchant Application and Agreement and Payment Service Terms and Conditions, which govern the terms and conditions under which we are willing to provide our Payment Services. “Support Fees” mean those fees associated with our Support Desk, which enables customer support through live channels like phone and chat. We may charge Support Fees monthly, quarterly or annually, as more specifically described in the Order Schedule. “Renewal Term” means the period which immediately follows the expiration of the Initial Term, as described in the Services Agreement. “Team” includes VS’s employees, officers, directors, owners, attorneys, affiliates or representatives. “Term” means the term for Services and includes both the Initial Term and any Renewal Terms, as applicable. “VS” means RecTrac, LLC d/b/a Vermont Systems and its subsidiaries, successors and assigns. VS’s business address is 12 Market Place, Essex EXHIBIT A8.D.a Packet Pg. 94 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 2 ©2021 Vermont Systems. All Rights Reserved. Junction, VT 05452. VS may also be referred to in the Agreement as “Licensor,” “we,” “our,” or “us.” 2. ACCEPTANCE. The Parties accept the terms of this Agreement by signing the Services Agreement, which is effective as of the last date signed. Each Party expressly acknowledges to the other that the person accepting the Agreement on its behalf has the proper legal authority to bind the respective party. 3. GRANT OF RIGHTS. 3.1 Grant of Rights by VS. Upon the Effective Date, and subject to your timely payment of Fees and remaining in compliance with the Agreement, we grant to you a limited term, worldwide, non-exclusive, non-transferrable, non-assignable license to access and use our Services, including the Software, during the Term solely for the lawful operation of your business. The licensed rights described herein shall be limited to End Users authorized by you to access and use the Software, and your Patrons who have a legitimate right to access and use your products and/or services. The licensed rights conferred herein do not constitute a sale and do not convey to you or any third party any right of ownership in or to our Services, including the Software, or any of our Intellectual Property Rights. Upon termination of the Agreement for any reason, any rights granted by us to you will automatically and without notice terminate. The method and means of providing the Services shall be under our exclusive control, management and supervision, although we will try to give your specific requests due consideration. Any rights not specifically granted under the Agreement are expressly reserved. 3.2 Grant of Rights by Customer. Upon the Effective Date, and subject to our remaining in compliance with the Agreement, you grant to us a limited term, worldwide, non-exclusive license to access and use your Customer Data (including any Patron Data, as applicable) to deliver, monitor and maintain the Services in accordance with the Agreement. Any rights not specifically granted under the Agreement are expressly reserved. 3.3 Excess Use. We will provide you with the number of authorized End User licenses as set forth in the Order Schedule to access and use the Software. You shall have access to functionalities in the Software that can generate reports indicating the number of authorized End Users accessing the Software at any given time. In the event that the number of concurrent End Users exceeds the number of allocated licenses described in the Order Schedule (“Excess Use”), we will notify you by email about such Excess Use and, if you do not reduce the Excess Use within 30 days of such notice, you will be required to pay for any Excess Use with additional licenses, which shall be described in a new invoice and which will automatically update the Order Schedule. 3.4 Prohibited Use. You shall not use our Services in violation of the law, whether local, state or federal (including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, the Americans with Disabilities Act, or any consumer protection statute); to intentionally bypass a security mechanism in the System(s); to reverse-engineer the System(s), or any component thereof, regardless of the reason why; in a way that adversely impacts the availability, reliability or stability of the System(s), or any component thereof; to intentionally transmit material using the System(s) which contains viruses, Trojan horses, worms or some other harmful computer program; to send unsolicited advertising, marketing or promotional materials, whether by email or text, without the recipient’s legally-valid consent; to commit fraud; to transmit material that infringes on the intellectual property right of others; to transmit material that is harassing, discriminatory, defamatory, vulgar, pornographic, or harmful to others; or in violation of this Agreement. Violation of this Prohibited Use policy may result in immediate suspension or discontinuation of Services, or legal action which could result in civil damages or criminal punishment. 4. TERM; TERMINATION. 4.1 Term. You will be obligated to the Term as described in the Services Agreement, including any auto-renewal provisions. 4.2 Termination for Cause. Prior to expiration of the Initial Term, either you or we may terminate the Agreement for cause (a) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period; (b) immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors; or (c) immediately if the other party dissolves or ceases to do business in the ordinary course. If our termination of the Agreement is for cause, then you shall remain liable for any Fees covering the remainder of the Initial Term, or a Renewal Term, as applicable, after the effective date of such termination. Termination for cause will not preclude the non-breaching party from exercising any other rights or remedies permitted by law. 4.3 VS’s Termination for Convenience (Without Cause). Neither party shall be permitted to terminate the Agreement for convenience during the Initial Term. Once the Agreement is in a Renewal Term, either party may terminate the Agreement at any time with a 90-day advance written notice. 4.4 Termination Notice. For termination to be considered effective, the terminating party must send its termination notice in writing to the other party’s notice address as provided for in the Agreement. 5. FEES; PAYMENT TERMS. 5.1 Payment of Fees. You agree to pay us all Fees permitted by the Agreement. Fees for specific Services are described in the Order Schedule and may be set up to bill quarterly or annually, as we and you may decide. All Fees are based on Services provided, not on your actual usage. 5.2 Fee Milestones. The total Fees for Services within the defined scope of work associated with the Initial Term will be $55,102.00, which will be paid through milestone payments as described below. At the noted milestone date, VS will invoice the Customer for the stated milestone. Prior to invoicing Customer, VS shall advise Customer in writing that the noted milestone has been reached. Upon receipt, Customer will have 15 business days to accept the noted milestone or to advise VS of any deficiencies requiring correction. If Customer fails to timely accept or reject the noted milestone, acceptance shall be deemed to have occurred. VS will not invoice the customer before the 15-business day acceptance period has concluded. Date Milestone Amount Due Project Kickoff 30% of Order Schedule Total $16,530.60 30 Days from Project Kickoff 30% of Order Schedule Total $16,530.60 60 Days from Project Kickoff 40% of Order Schedule Total $22,040.80 Fees associated for all Services under a Renewal Term will be charged at a rate of $37,740 per Renewal Term. VS shall invoice Customer for a Renewal Term at least 90 days prior to the expiration of the then current Term. 8.D.a Packet Pg. 95 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 3 ©2021 Vermont Systems. All Rights Reserved. In the event either party terminates the Agreement, except for termination associated with Customer’s breach of the Agreement, Customer is entitled to a pro-rata refund of any Fees paid for Services not received. 5.3 Due Date; Late Fees; Interest. Payment is due within 30 days from the date you receive an accurate invoice from us (the “Due Date”). If you do not pay our invoice by the Due Date, any unpaid balance will accrue interest at the rate of 1.0% per month. 5.4 Error Reporting. Please report any errors that you see on an invoice immediately. If you do not dispute a charge within 30 days after receiving it, you will be considered to have accepted the charge. 5.5 COLT Increase. After the Initial Term, all Fees shall be subject to a cost of living and technology (“COLT”) enhancement increase not to exceed five percent (5%) of then current Fees. VS reserves the right to apply the COLT enhancement to any Fees at the start of each Renewal Term, in its sole and absolute discretion. 5.6 Breach for Non-Payment of Fees. Payment not made within 30 days of the Due Date will result in an automatic breach of the Agreement and start the clock on a 20-day period in which to cure. If payment is still not received by the 51st day after the scheduled Due Date, we reserve the right to suspend Services until all outstanding Fees are paid. Continued non-payment of Fees more than 60 days after the Due Date will result in a default under the Agreement. In the event of default, all payments otherwise due to us under the Agreement will be accelerated and will be considered due and payable by you immediately, as of the date of default. We shall have no obligation to release any of your Customer Data until all outstanding Fees are paid in full. 5.7 Taxes. If you are a tax-exempt organization, then this provision does not apply. We have no obligation to pay your taxes under any circumstances. Taxes may include value-added tax (VAT), a goods and service tax (GST), a sales tax, or use or withholding taxes assessed by a local, state, federal, provincial or foreign government entity (collectively, “Taxes”). Please make sure that you have taken appropriate steps to pay your Taxes. We are obligated to comply with all valid tax liens or levies associated with your business. If we must pay Taxes on your behalf, you agree to indemnify us for any such payments within 30 days from your receipt of a special tax-related invoice. 6. MODIFICATIONS. 6.1 Changing the Terms of Service. The written provisions and terms of the Agreement and all its referenced Exhibits shall supersede all prior verbal statements of any officer of other representative of VS or the Customer, or any Terms of Service or other provisions VS has posted on VS’s website, and such statements or web postings shall not be effective or be construed as entering into, or forming a part of, or altering, in any manner, this Agreement. Any changes to the Agreement or any Exhibits thereto are effective only upon mutual acceptance and signing of a proper Amendment to this Agreement. 6.2 Changing the Order Schedule. You may add or remove Services during the Term at any time provided that we agree to such changes and their associated cost through a written Addendum to the Agreement. 6.3 Other Changes to the Agreement. Except as otherwise described in this Section, no modification of the Agreement will be binding unless in writing and mutually signed by an authorized representative of each Party. 7. CUSTOMER DATA. 7.1 Customer Data Generally. You represent and warrant that you own or have appropriate rights to all of your Customer Data. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or rights to use of all Customer Data (including Patron Data, as applicable). Except as specifically provided for in the Agreement, we shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of your Customer Data. 7.2 Hosting Obligations. Hosting of Customer Data on VS-controlled servers and systems does not come standard with all Agreements; Customers must specifically contract for hosting services and pay all associated Hosting Fees. IF A CUSTOMER DOES NOT SELECT VS’S HOSTING SERVICES, AND INSTEAD CHOOSES TO HOST CUSTOMER DATA ON ITS OWN SYSTEMS AND SERVICES, THEN WE MAKE NO WARRANTIES AND DISCLAIM ALL LIABILITY ASSOCIATED WITH SUCH CUSTOMER DATA OR CUSTOMER’S OWN HOSTING ACTIVITIES, INCLUDING (BUT NOT LIMITED TO) INCIDENTS RESULTING IN DATA BREACH, MISAPPROPRIATION OF CUSTOMER DATA, VIOLATIONS OF PRIVACY RIGHTS, AND/OR ANY OTHER SITUATION RESULTING IN DAMAGES OR MONETARY LOSS ARISING OUT OF OR RELATING TO THE HOSTING OR STORAGE OF CUSTOMER DATA. If Customer chooses us for hosting services, and we actually store Customer Data on a VS-controlled system or service, then, in addition to those terms and conditions described in our Privacy Policy, and provided Customer remains current in its payment of Hosting Fees and otherwise compliant with the Agreement, then we make the following limited representations and warranties with respect to our hosting services: we will, at all times during the Term of the Agreement: (a) maintain a comprehensive data security program which includes reasonable and appropriate technical, organizational and security measures against the destruction, loss, unauthorized access or alteration of Customer Data (including Patron Data, as applicable) which measures will be no less rigorous than the accepted security standards for similarly situated companies in the industry; and (b) provide our hosting services in a good and workmanlike manner; and (c) offer hosting services which, to the best of our knowledge, comply with applicable local, state or federal laws. The limited representations and warranties described herein shall be subject to any other limitations of liability described by the Agreement. 7.3 Return of Customer Data. If we are providing you with hosting services, then you shall have access to your Customer Data (including Patron Data, as applicable) for the duration of the Term, subject to the terms and conditions of the Agreement. Upon termination of the Agreement, or where you properly cancel hosting services during the Term, your access to any VS-hosted Customer Data will continue for a period not to exceed 60 days (unless we specifically agree otherwise). As a public agency, Customer is subject to records retention schedules established under Washington State law. Therefore, the Parties agree that upon termination of the Agreement, or cancellation of your hosting services with us, we will store or hold your Customer Data on our servers at our cost and expense until Customer Data is transferred to you under this subsection, which period shall not exceed 60 days from the termination date of the Agreement. Notwithstanding the foregoing, we reserve the right to maintain a copy of any other record, book, file and other data, as specified in the Agreement and in such detail as shall properly substantiate claims for payment, for a minimum of one (1) year beginning on the first day after the Agreement is properly terminated, or for such longer period as may be necessary for the resolution of any dispute, negotiation, audit, or other inquiry involving the Agreement. 8. SPLASH PAGE. We disclaim all liability with respect to the splash page including (but not limited to) compliance with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, 8.D.a Packet Pg. 96 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 4 ©2021 Vermont Systems. All Rights Reserved. part 1194, the Americans with Disabilities Act, or any other applicable federal or state laws or regulations relating to accessibility for persons with disabilities. 9. HARDWARE. We shall provide the Hardware identified in the Order Schedule, which is necessary to access our Services or use our Software. The Hardware identified in the Order Schedule complies with our minimum system requirements. Full payment for Hardware and any related third- party software is due in accordance with the terms of the Agreement Any VS-supplied Hardware will include warranties from the manufacturer or distributor, as applicable, for a specific period, and VS agrees to take all actions that may be necessary to transfer those warranties to the Customer. We offer no warranties on Hardware, other than its ability to properly integrate and perform with our Services. 10. INSTALLATION; TRAINING. We will provide an initial install and set- up of the Software as part of the Fees you pay for Services. Subsequent installation or set-up of additional Services beyond those provided for in the Order Schedule will be subject to additional charges on a “time and materials” basis at our standard rates. We offer access to online training materials, including user reference manuals, installation planning guides, report listings, online help and a sample training database with tutorials. At the time of initial install and set-up of the Software, we will provide you with a “base training” in use of the Software as part of your Fees. The base training will be provided online (remote) or at our office located at 12 Market Place, Essex Junction, Vermont 05452. In addition, VS will provide on-site database building services and on-site end user process training services at the fees and rates provided for in Order Schedule to the Agreement. You may request follow-up or additional trainings at our then- current hourly rates, and subject to scheduling availability. Unless we agree otherwise, any additional training will occur online (remote). You may request on-site training at our then-current day rates, subject to scheduling availability. For additional on-site training, you will be responsible for all VS expenses associated with travel, lodging, meals and other necessary expenses associated with training on-site. If scheduled on-site training is cancelled with less than two (2) weeks’ notice, you will be responsible for any travel expense losses, plus an additional rescheduling fee of $250. On- site training booked over a weekend or holiday may be subject to additional charges. 11. CUSTOMER SUPPORT. 11.1 Standard Support. All Customers receiving our Services will receive “Standard Support” services, which includes online support and access to a VS support documentation library. Online support includes access to an online knowledge database, support videos accessible through the VS website, e-learning content and the ability to participate at no additional cost in periodic live webinars offered from time to time by VS. The VS support documentation library is accessible through the VS website and includes access to user reference manuals, installation planning guides, report listings, online help and a sample training database with tutorials. Customers can print any number of copies needed to train staff and manage their business operation. Customers can access standard support channels online, 24 hours a day, 7 days a week. VS’s standard support services are included with Customer’s payment of Software Fees. 11.2 Premium Support (Support Desk). Customers choosing our “Premium Support” service will receive access to our award-winning “Support Desk,” which, in addition to Standard Support, makes certain channels available to Customers like phone and chat support with a live VS support agent. Premium Support Customers will still receive our base training at the time of Software install and set-up. Customers receiving Premium Support shall be responsible for paying Support Fees as described in the Order Schedule. The Support Desk is open for call-in phone support five (5) days a week, Monday through Friday, 8 am ET to 8 pm ET; real-time chat support is available five (5) days a week, Monday through Friday, 8 am ET to 5 pm ET. Premium Support includes online portal case creation, email assistance and call-back services, and Customer ability to choose remote- in live support services via Zoom or Microsoft Teams. 11.3 Customer Support Not Provided. Regardless of whether you are a Standard Support or Premium Support Customer, we do not provide the following customer support services as part of the Agreement: (a) actual usage of standard hour pager support, 8 pm ET to 8 am ET, Monday through Friday, and Saturday, Sunday and holidays, 24 hours, 7 days a week; (b) travel and out-of-pocket expenses for installation and on-site training services; (c) telephone support related to computer hardware, operating systems, networking, reinstallation and configuration of application software (including VIC), point-of-sale hardware, and access control hardware; (d) telephone support and/or training as a substitute for on-site training or classroom training; (e) VS application software WAN access configuration; (f) customized discovery, programs, development, and maintenance; (g) interfaces to export or import data from or to other application software databases; and (h) extended dedicated support to implement or change certain functions, such as switching from cash to accrual accounting or customizing WebTrac splash page; (i) performing periodic VS software updates if database is on-premises; (j) purchase installation or configuration of SSL certificates for on-premises configurations; and (k) data entry or database management. VS may provide some of these Services under a separate engagement, the terms of which should be agreed upon and documented in a signed Statement of Work. 11.4. Remote Access Authorization. We will provide you with on-going support or updates for the proper functioning of our Services, including the Software, which we can only provide or make available through remote access to your technology systems. By using our Services, or accessing our Software, you expressly authorize us to access your technology systems remotely for the limited purpose of providing you with any support or updates relevant to our Services. Prior to Go-Live, VS will confirm that it can fully access Customers technology systems in order to provide the support and updates necessary to maintain the Services. After Go-Live, you shall be solely liability for the cost, interoperability, proper functioning, and security of any remote access facilities or methods used by you, and we shall not be deemed to be in violation of our obligations to you, nor in breach of the Agreement, as the result of our inability to remotely access your technology systems, unless such inability is attributable to any Software update performed by VS. In such event, VS agrees to assist the Customer in troubleshooting the issue and re-establishing VS’s remote access. Our right of remote access as described herein shall be deemed a continuing right until such time as the Agreement terminates, for any reason. We agree to use commercially reasonable efforts to comply with any of your published security-related protocols when remotely accessing your technology systems. 12. PAYMENT SERVICES. To be eligible for Payment Services, you must complete our Sub-Merchant Application and submit it to Company underwriting for approval. Once accepted, your Sub-Merchant Application with convert to a Sub-Merchant Agreement, inclusive of the Sub-Merchant Application and Agreement (SMAA) and our Payment Service Terms and Conditions, which shall be considered part of the Agreement. 13. PROFESSIONAL SERVICES. [Reserved]. 14. CUSTOM DEVELOPMENT. While we welcome any suggestions or comments you might have about how we can improve our products and 8.D.a Packet Pg. 97 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 5 ©2021 Vermont Systems. All Rights Reserved. services, we do not custom develop our Services (including the Software) to suit the business needs of any particular client. We will consider all suggested improvements to the Services, and, as we determine, will incorporate any approved items to our development roadmap. If there is a feature or functionality that you would like to see added to our Services, and you would like the project completed on a certain timeline, you can make a custom development request and, based on our staffing and other considerations, we will scope the project and provide you with a written quote which you can accept or reject. Custom development work will be considered a separate engagement for Professional Services and will become part of the Agreement through a mutually negotiated Statement of Work. Custom development work shall not be considered work-for-hire. We will own and control any product outcome of the engagement and we reserve the right to incorporate any new feature or functionality into our larger product or service offerings. 15. OWNERSHIP RIGHTS. 15.1 What Belongs to VS. We reserve all title and interest to our Intellectual Property Rights. We alone own our Intellectual Property Rights, in addition to any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to our Services. In addition, we retain all rights, title and interest in and to our Software and any splash page designs that we may create and/or maintain on your behalf and license to you. The Vermont Systems™, VS™ and VS Payments™ names and logos are registered trademarks of Vermont Systems, Inc., and no right or license is granted to use them without our express written permission. 15.2 What Belongs to Customer. With the exception of Patron Data (which remains the property of individual Patrons), you reserve all rights, title and interest to your Customer Data. You own all rights, title and interest to Customer trademarks, service marks and other intellectual property. 15.3 Use of Records and Documents. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the Customer. All records submitted by the Customer to VS will be safeguarded by VS. VS shall make such data, documents, and files available to the Customer upon the Customer’s request. VS acknowledges that the Customer is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, VS agrees to cooperate fully with the Customer in satisfying the Customer’s duties and obligations under the Public Records Act. The Customer’s use or reuse of any of the documents, data, and files created by VS for this project by anyone other than the Customer on any other project shall be without liability or legal exposure to VS. 16. CONFIDENTIALITY. Except as otherwise provided for by this section, a party (the “Receiving Party”) shall not disclose the disclosing party's (the “Disclosing Party”) Confidential Information to any person or entity, except to the Receiving Party's employees who have a need to know the Confidential Information for the Receiving Party to exercise its rights or perform its obligations under the Agreement. Each party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, court rule, or subpoena; provided, that the party making the disclosure pursuant to the order shall first have given written notice to the other party; or (b) to establish a party's rights under this Agreement, including to make required court filings. Each Party's obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire one year after the termination of the Agreement; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of the Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. 17. PROTECTION OF EDUCATIONAL INFORMATION. We understand and acknowledge that in the performance of our Services, we may have access to private and confidential information regarding students, parents, guardians, faculty, donors, employees, staff, alumni (collectively, “Educational Information”) that may be covered by the federal Family Educational Rights and Privacy Act (“FERPA”), or similar state laws. We will not disclose, copy, or modify any Educational Information without your prior written consent, or unless otherwise required by law. We will notify you if we become aware of a possible unauthorized disclosure or use of Educational Information. 18. LIMITED WARRANTIES. We represent and warrant that (a) we own the appropriate rights to license and/or sublicense our Services (including the Software); (b) the Services (including the Software) will conform with any then-available published specifications; (c) to the best of our knowledge, our Software is free of any viruses, Trojan horses, malware, spyware, ransomware or other harmful code; and (d) that there have been no violations of copyrights or patent rights in connection with the Services (including the Software) offered. We do not warrant that the Services (including the Software) will be entirely free from defect or error. EXCEPT AS SPECIFICALLY STATED HEREIN, THE SERVICES (INCLUDING THE SOFTWARE) ARE BEING PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. EACH PARTY HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED. No advice or information, whether written or oral, obtained from us, or any member of our Team, will create any warranty not expressly made. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 19. LIMITATIONS OF LIABILITY. 19.1 SERVICE LEVEL FAILURE. EXCEPT FOR THOSE SERVICE LEVEL FAILURES THAT RESULT IN A MATERIAL BREACH OF THIS AGREEMENT, YOUR EXCLUSIVE REMEDY FOR A VERMONT SYSTEM-CAUSED SERVICE LEVEL FAILURE, AS DESCRIBED BY THE AGREEMENT, SHALL BE YOUR RIGHT TO TERMINATE THE AGREEMENT FOR CAUSE AND WITHOUT PENALTY FOLLOWING THE EXPIRATION OF ANY APPLICABLE NOTICE AND CURE PERIODS, AND/OR ANY CREDITS TO WHICH YOU MAY BE ELIGIBLE UNDER AN APPLICABLE SERVICE LEVEL AGREEMENT. 19.2 EXCLUDED DAMAGES. WITH THE EXCEPTION OF ALL FEES OWED BY CUSTOMER UNDER THE AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST REVENUE OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. 19.3 DAMAGE CAP AS TO CITY OF KENT. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, OUR MAXIMUM DIRECT LIABILITY TO YOU UNDER THE AGREEMENT SHALL, UNDER NO CIRCUMSTANCES, EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000). 8.D.a Packet Pg. 98 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 6 ©2021 Vermont Systems. All Rights Reserved. 19.4 DAMAGE CAP AS TO THIRD-PARTY CLAIMS. OUR MAXIMUM AGGREGATE LIABILITY FOR INDEMNIFIABLE THIRD-PARTY CLAIMS (AS FURTHER DESCRIBED IN SECTION 20.2) SHALL, UNDER NO CIRCUMSTANCES, EXCEED THE LIMITS OF THE INSURANCE LIMITS IN PLACE AT THE INCEPTION OF THE AGREEMENT. 19.5 TIME LIMITATION. YOU FURTHER AGREE THAT ANY CLAIM WHICH YOU MAY HAVE AGAINST US MUST BE FILED WITHIN TWO (2) YEARS AFTER SUCH CLAIM AROSE OR WAS DISCOVERED, OTHERWISE THE CLAIM SHALL BE PERMANENTLY BARRED. 19.6 MATERIALITY. THE LIMITATIONS IN THIS SECTION ARE A MATERIAL BASIS OF THE BARGAIN, AND THE TERMS OF THE AGREEMENT WOULD BE DIFFERENT WITHOUT SUCH LIMITATIONS. THE LIMITATIONS IN THIS SECTION ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. MULTIPLE CLAIMS WILL NOT ENLARGE ANY DAMAGES CAP DESCRIBED HEREIN. 20. MUTUAL INDEMNIFICATION. 20.1 INDEMNIFICATION BY THE CITY OF KENT, WA. You shall indemnify and defend us (including any member of our Team) and hold us harmless from and against all liabilities, losses, costs and expenses, including reasonable attorneys’ fees and any fees, fines, penalties or assessments charged by any Regulatory Authority (collectively, “Losses”), in connection with any third-party claims, actions, demands or proceedings (made or threatened), and related to your misuse of the Services (including, without limitation, the Prohibited Uses described by Section 3.4 of this Terms of Service), your default under the Agreement, or your gross negligence or willful misconduct. 20.2 INDEMNIFICATION BY VERMONT SYSTEMS. We will indemnify, defend, and hold you, your directors, officers, agents, employees, and representatives (collectively, “Customer Indemnitees”) harmless from and against all liabilities, losses, costs and expenses, including reasonable attorneys’ fees and any fees, fines, penalties or assessments charged by any Regulatory Authority (collectively, “Losses”), in connection with any third-party claims, actions, demands or proceedings (made or threatened), and related to our negligent acts or omissions in our performance under the Agreement, our fraudulent acts or willful misconduct, or our infringement on the intellectual property rights of a third party. With respect to indemnity based on our infringement on the intellectual property rights of a third party, we may, at our option an expense, either (a) procure from the holder of such intellectual property the right to continue using such intellectual property; or (b) replace or modify the intellectual property as part of our Services so that it becomes non-infringing and remains functionally equivalent. 21. DISPUTE RESOLUTION. [Reserved] 22. NOTICES; GOVERNING LAW; JURISDICTION. 22.1 General. Who you are contracting with under this Agreement, who you should direct notice to under this Agreement, what law will apply in any lawsuit arising out of this Agreement, and which court can adjudicate any such lawsuit to this Agreement are as follows: Who you are contracting with: RecTrac, LLC Notices to be sent to: 12 Market Place Essex Junction, VT 05452 legal@vermontsystems.com Governing law is: Washington Courts having exclusive jurisdiction are: State courts of King County, Washington, or the U.S. District Court for Washington 22.2 Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon (a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnifiable claim). Notices to you shall be addressed to the designated contact person identified in the Services Agreement at the email address or physical address listed. 22.3 Agreement to Governing Law and Jurisdiction. 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. 22.4 Waiver of Jury Trial. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. 23. GENERAL PROVISIONS. 23.1 Privacy Rights. You are required to comply with our Privacy Policy provided for in the Agreement. 23.2 Minimum System Requirements / Interoperability. It is your responsibility to ensure your computer systems, internet connections, IT infrastructure, peripherals, systems, servers, mobile devices and/or workstations comply with the minimum system requirements necessary to receive our Services. We shall not be responsible for any internet speed or connectivity issues at your location, or other problems related to your technology equipment, including third party internet service or your IT infrastructure. You shall be required to comply with the technical specifications provided for in this Agreement. 23.3 Reference. You agree that, within 30 days of the Effective Date, we may issue a new business press release about our business association and post your logo and a brief description of your business on our website. 23.4 Independent Contractor Relationship. 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) VS has the ability to control and direct the performance and details of its work, the Customer being interested only in the results obtained under this Agreement; (b) VS maintains and pays for its own place of business from which the Customer’s services under this Agreement will be performed; (c) VS has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the Customer retained VS’s services, or VS is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement; (d) VS 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 8.D.a Packet Pg. 99 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 7 ©2021 Vermont Systems. All Rights Reserved. of Revenue; and (e) VS maintains a set of books dedicated to the expenses and earnings of its business. 23.5 Non-Discrimination Endorsement. In the hiring of employees for the performance of work under this Agreement or any subcontract, VS, its subcontractors, or any person acting on behalf of VS or its 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. VS shall execute the City of Kent’s Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file a Compliance Statement. 23.6 Export Controls. The Services and any derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on the United States’ government denied-party list. Additionally, you shall not permit End Users to access or use the Subscription Services while located in a United States embargoed country (currently Cuba, Iran, North Korea, Sudan, Syria or Crimea), or in violation of any United States’ export law or regulation. 23.7 Anti-Bribery. You agree that neither your employees, agents or representatives have received or been offered any illegal or improper bribe, kickback, gift, or thing of value from us, or any member of our Team, in connection with the Agreement. If you learn of any violation of the above restrictions, you agree to promptly notify us. 23.8 Exchange of Information. The Customer will provide its best efforts to provide reasonable accuracy of any information supplied by it to VS for the purpose of completion of the work under this Agreement. 23.9 Right of Inspection. Even though VS 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 Customer and shall be subject to the Customer’s general right of inspection to secure satisfactory completion. 23.10 Safety Precautions. VS 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 VS’s own risk, and VS 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. 23.11 Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the Customer requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. 23.12 Public Records Act. VS acknowledges that 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 VS 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 Customer. As such, VS agrees to cooperate with the Customer in satisfying the Customer’s duties and obligations under the Public Records Act at Customer’s cost and expense. 23.13 Business License. Prior to commencing the tasks described in this Agreement, VS agrees to provide proof of a current City of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 23.14 Legal Advice. All Professional Services and other information provided to you in the normal course of our business relationship should be considered for informational purposes only and is not to be taken as legal advice. You are advised to speak with your own independent counsel about all matters of a legal nature. 23.15 Waiver; Cumulative Remedies. No failure or delay by either party in exercising any rights under the Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided in the Agreement are in addition to, and not exclusive, of any other remedies of a party at law or in equity. 23.16 Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, we may assign this Agreement in its entirety without your consent, to our affiliates or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets not involving one of your direct competitors. Subject to the foregoing, the Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. 23.17 Force Majeure. Neither Party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, 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 protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a Force Majeure Event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the Force Majeure Event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the Force Majeure Event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, VS shall not be entitled to, and the Customer 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 VS due to a Force Majeure Event. Performance that is more costly due to a Force Majeure Event is not included within the scope of this Force Majeure provision. If a Force Majeure Event occurs, the Customer may direct VS 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 Customer under this clause will be dealt with as a Project Change Request, except to the extent that the loss or damage has been caused or exacerbated by the failure of the VS to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by Customer. 8.D.a Packet Pg. 100 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 8 ©2021 Vermont Systems. All Rights Reserved. 23.18 Survivability. Even if you terminate the Agreement with us, the following sections of the Agreement will still apply: Terms of Service Section 7.2 (Hosting Obligations); Section 16 (Confidentiality); Section 17 (Protection of Educational Information); Section 18 (Limited Warranties); Section 19 (Limitations of Liability); Section 20 (Mutual Indemnification); Section 22 (Notice; Governing Law; Jurisdiction); Section 23.14 (Legal Advice); Section 23.17 (Force Majeure) and Section 23.22 (Entire Agreement; Priority of Documents). 23.19 Severability. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of the other provisions of the Agreement, which provisions will remain in full force and effect. If any provision of this Agreement shall be deemed unenforceable by reason of its extent, duration, scope or otherwise, then the parties contemplate that the court making such determination will alter such provisions so that it is enforced and will enforce it in its altered form for all purposes contemplated by the Agreement. 23.20 Headings. The bolded headings contained in the Agreement are for convenience of reference only, shall not be deemed to be a part of the Agreement and shall not be referred to in connection with the construction or interpretation of the Agreement. 23.21 Construction. For purposes of the Agreement, wherever the context requires, the singular shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter gender, and vice versa; and “and” shall include “or,” and vice versa. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of the Agreement. 23.22 Entire Agreement; Priority of Documents. The Agreement (including these Terms of Service) and any additional terms or Addenda, as applicable, make up the entire Agreement and supersede all prior agreements, representations, and understandings. All additional terms and/or Addenda will be considered incorporated into the Agreement when you agree to them. If there is an actual conflict or direct inconsistency between any of the attachments, schedules or exhibits referenced in the Services Agreement, then the following shall be the prioritization of documents that should be deemed to control and govern: first, any later-signed Addenda or Statement of Work (as applicable); then the Services Agreement; then the Service Level Agreement (as applicable); then the Terms of Service; then the Privacy Policy. 23.23 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. 23.24 Consent to Do Business Electronically. By signing the Services Agreement, you consent to do business electronically, which means that you agree that all VS agreements and policies, including amendments thereto and documents referenced therein, as well as any notices, instructions, or any other communications regarding transactions and your agreements with VS may be presented, delivered, stored, retrieved, and transmitted electronically. You must keep us informed of any change in your electronic or mailing address or other contact information. Your electronic signature, including, without limitation clicking “Agree and Continue” or “I Accept” or an action of similar meaning or significance, shall be the legal equivalent of your manual signature. You may withdraw your consent to doing business electronically at any time by contacting us and withdrawing your consent. However, any communications or transactions between us before your withdrawal of such consent, will be valid and binding. 8.D.a Packet Pg. 101 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Vermont Systems Inc - RecTrac CotW Exhibit C Price Quote 8.D.a Packet Pg. 102 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Explanation of Quote:RFI - SaaS with Gold Hosting-6/9/21 Update City of KentPrepared For: Steve Barton, Prjoect Manager (Contracted) Contact Email: Contact Name: SBarton@kentwa.gov Joshua Karson (Senior Sales Manager) Toll Free: Email:JoshuaK@VermontSystems.com 877-883-8757 Prepared By: Contact Phone: Direct Phone:802-276-5604 Exhibit B - UPDATED 6/09/2021 Adjusted to remote based training/implementation Kent, WA Notes: Services (recurring)Qty Unit Price Monthly Price VSI Cloud VS Cloud Hosting Standard Service - Gold - First 5 Users Monthly †(188) 1 $875.00 $875.00 $10,500.00 VS Cloud Hosting Standard Service - Gold - Add'l Users Monthly †(189) 20 $45.00 $900.00 $10,800.00 Software Subscription RecTrac/WebTrac Workgroup Base Software (16-25 concurrent users) †(137) 1 $370.00 $370.00 $4,440.00 Activity Registrations †(141)1 $130.00 $130.00 $1,560.00 Facility Reservations †(142)1 $130.00 $130.00 $1,560.00 Pass Management †(143)1 $130.00 $130.00 $1,560.00 POS/Inventory/Tickets †(144)1 $130.00 $130.00 $1,560.00 League Scheduling †(147)1 $130.00 $130.00 $1,560.00 SaaS Each Add'l Concurrent User over 2 †(177)23 $10.00 $230.00 $2,760.00 General Ledger Interface - Custom †(178)1 $90.00 $90.00 $1,080.00 Activity Registration Brochure Custom Interface 1 $30.00 $30.00 $360.00 Tax:$0.00 Total:$37,740.00 Services (non-recurring)Qty Unit Price Price WebTrac Configuration Splash Page Template †(47)1 $1,000.00 $1,000.00 Style Sheet †(48)1 $750.00 $750.00 Tax:$0.00 Total:$1,750.00 Hardware & Supplies Qty Unit Price Price Cash Drawers Star CD3-1616BK58-S2 Cash Drawer Dumb, 16"x16", Blk, 5B/8C, Cable 1 included 1 $125.00 $125.00 Payment Card Readers Credit Card EMV (Chip) Device - Budget Purposes Only † (172) 1 $895.00 $895.00 Receipt Printers Star TSP143IIIU, 40 col Thermal, USB, Cutter †(181)1 $265.00 $265.00 Bar Code Scanners Honeywell MK7580G 1D/2D Genesis Imager, USB Cable † (183) 1 $345.00 $345.00 Digital Cameras Logitech C920 Webcam, HD 1920x1080p, AutoFocus †(187)1 $95.00 $95.00 1www.vermontsystems.com sales@vermontsystems.com Quote Number: QUO-09155-Y5K9N8 06/09/2021 Software Pricing is valid for 120 Days Hardware Pricing is Subject to Change 8.D.a Packet Pg. 103 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Touch Screen Monitors ELO 2202L Touch Monitor 22" LCD Desktop, Black, Full HD (1920 X 1080) †(185) 1 $495.00 $495.00 Supplies Thermal Receipt Paper, 1 Ply, 3.125", 50 Rolls/Case †(184)1 $95.00 $95.00 Shipping (FOB Origin):$137.00 Tax:$0.00 Total:$2,452.00 Training & Expenses Qty Unit Unit Price Price Training - Remonte (estimated)72.0 Hour $125.00 $9,000.00 Dedicated Training Day - Remote (estimated)2.0 Day $800.00 $1,600.00 Discovery Time - Remote 8.0 Hour $125.00 $1,000.00 Tax:$0.00 Total:$11,600.00 TOTALS: Services (recurring) (prorated year 1)$37,740.00 Services (non-recurring)$1,750.00 Hardware & Supplies $2,452.00 Training & Expenses $11,600.00 Total:$53,542.00 For planning purposes, the annual recurring cost will be: $37,740.00 Other Products of Interest: Credit Card EMV (Chip) Device - RENT - Budget Purposes Only (Footnote: 173) $25.00 † Footnotes: 47 Splash Page Options: 14 templates available for 10.3 18 templates available for 3.1 These templates are available on the VSI website for your review. All 18 templates have been created using responsive design. The $1000 fee includes access to one template of your choice along with VSI support to implement the template on your site. This typically takes 2-4 hours. Any time over 4 hours due to change requests will be charged at $125/hour. Any design changes to a template that requires custom programming will be charged at $175/hour. The Splash Page will display using responsive design. If you are licensed for Mobile WebTrac, all WebTrac screens, in addition to the Splash page, will display properly for patrons accessing WebTrac from their mobile device (responsive design). Please contact sales for additional information about Mobile WebTrac. 48 VSI will customize the WebTrac stylesheet to match the appearance of your web site as closely as possible. After you have finalized your WebTrac page specifications, you will be asked to sign an approval form. VSI will provide the stylesheet programming services and then ask you to verify that the results match your specs. If you ask for additional changes following the completion of the initial styling then each major change request is priced at $750.00. Minor & Seasonal change requests are priced at $375.00 each. 2www.vermontsystems.com sales@vermontsystems.com Quote Number: QUO-09155-Y5K9N8 06/09/2021 Software Pricing is valid for 120 Days Hardware Pricing is Subject to Change 8.D.a Packet Pg. 104 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 137 The SaaS RecTrac/WebTrac Workgroup Base Level Application Software is required for all installations with 16-25 concurrent users. Each application module is priced separately based on the individual functional requirements needed. The base includes 2 Concurrent User Licenses, Systems Management, Report Writer, Incident Reporting, Dashboard, Global Sales, Household Management, Document Center, Audit Log, POS Lite (Donations, Gift Cards), Touch Processing, ID Integration, Advanced Rule & Fee Configuration, Webspeed Agents, Mobile WebTrac, and the Progress Enterprise RDBMS. VS Premium Support Services are included. Other add-ons will be priced separately. Initial Term: 36 months. The Initial Term will commence on the first day of the month in which the software is implemented and available for the Customer’s use and will end 36 consecutive months later. Renewal Term: 12 months. Unless Customer provides written notice of cancellation at least 90 days prior to the expiration of the applicable Term, the Agreement will automatically renew for another 12 month term. 141 ACTIVITY REGISTRATIONS NOTES: >Track all program enrollments > Manage rosters, waitlists, and waivers > Track class attendance and billing > Instructor payment processing > Custom brochure exports This rate represents a minimum one-year subscription commitment. See contract agreement for specific terms. 142 FACILITY RESERVATIONS NOTES: > Manage all your facility schedules > Track overlapping facilities > Grid-based visual booking tool > Check availability of facilities > Integrated with activities, leagues and trainers This rate represents a minimum one-year subscription commitment. See contract agreement for specific terms. 143 PASS MANAGEMENT NOTES: > Standard PMP software enables (optional) capture of photo image during registration and display of photo during Visit Check-In. You can also add the PMP ID software interface to print multi-color plastic photo ID cards. > Create custom ID cards or key fobs > Track attendance and demographics > Track guest and daily entry fees > Capture and display member photos > Automated renewal emails/notifications This rate represents a minimum one-year subscription commitment. See contract agreement for specific terms. 144 POS/INVENTORY/TICKETS NOTES: > Module includes both RecTrac & WebTrac options > Touchscreen-based inventory sales > Complete POS inventory control > Manage tickets, gift cards and service items > UPC barcode integration > Full range of certified POS hardware available for purchase This rate represents a minimum one-year subscription commitment. See contract agreement for specific terms. 3www.vermontsystems.com sales@vermontsystems.com Quote Number: QUO-09155-Y5K9N8 06/09/2021 Software Pricing is valid for 120 Days Hardware Pricing is Subject to Change 8.D.a Packet Pg. 105 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 147 LEAGUE SCHEDULING NOTES: > Manage league play, teams, and players > Record scores and track standings > Manage single and double elimination tournaments > Roster draft options for team creation This rate represents a minimum one-year subscription commitment. See contract agreement for specific terms. 172 The specific credit card EMV (Chip and Pin) device delivered depends on the PayTrac solution you select. This line item is used as a placeholder for budgeting purposes. The different devices range in price from $595-$895. The device in most cases will be purchased directly from the approved Gateway of your choice. 173 Card Connect offers a rental option for the EMV Chip readers. This line item is used for budgeting purposes, as you would rent or purchase these units directly from the vendor. A great benefit of renting is that it provides a future proof option on the hardware as technology changes and new units are required to take advantage. 177 The base software license fee includes the first two concurrent users. Additional users can be added at any time. Each user has access to all licensed software modules, as authorized in the user-defined menu system. This rate is based on a one year subscription commitment. 178 The Custom General Ledger Interface will create a file consisting of postings made to any GL account with activity in RecTrac for a specified date range. The file format will be in a format that your financial software requires. To determine the type of file and content we provide a questionnaire to be completed and submitted along with your order. Upon receipt we will contact you to discuss the questionnaire and create the Custom GL Interface statement of work (SOW). When interface is ready to be implemented the VS Trainer will configure the VS application for the appropriate vendor interface and will show the Customer how to generate the batch export file. At this point, it is the Customer’s responsibility to contact the financial software vendor to arrange for assistance to import the daily batch file for automatic posting to the general ledger system. The VSI trainer is not responsible for importing the batch files into any third-party application software or for contacting the vendor. IMPORTANT: The RecTrac General Ledger Interface is not and cannot be a cash-receipts interface. 181 Includes power supply, power cord, auto cutter and cable. Wall mountable. 183 Honeywell MK7580G-2 Genesis Bar Code Imager USB Kit, 1D/2D, PDF17, Gray, Type A 3M Cable (9.5' - Cbl-500-300-S00)), Power Supply, EasyID Software option, and VSI Custom Configuration. USB keyboard emulation is standard with optional Serial or Parallel emulation. Standard keyboard emulation used to connect reader to dedicated computer. This scanner can be used for RecTrac Background Visit Check-in by configuring it for Serial Emulation using the same USB cable. This enables the computer to be used for other functions, while it is also being used to scan visitor ID cards. 184 Thermal Receipt Paper, 1 Ply, 50 Roll/Case for Star, Epson, & Ithaca receipt printers. 185 ELO 2202L 22" LCD Desktop, Black, Full HD (1920 X 1080 Resolution), Projective Capacitive, USB Controller, Anti-Glare, Zero Bezel, Mini-VGA and HDMI Video 187 Logitech C920 HD Pro Webcam, HD 1080p up to 1920x1080, HD 720p up to 1280x720p, Wide 78' View, Glass Autofocus Lens, USB 2.0/USB 3.0 Ready, Windows 7/8/10, UVC H.264 Compliant, Tripod Mountable, 2-Year Warranty. 188 The base Hosting Services Fee does NOT include the Vermont Systems application software and Progress software annual maintenance fees. Prior to selecting the hosting option, we require customer to test/verify connectivity from all locations to ensure satisfactory performance. Please contact Vermont Systems Sales for additional information and scheduling, 877-883-8757 - Option #2 or email at: sales@vermontsystems.com. Please refer to Vermont Systems legal page for Privacy Policy information: https://www.vermontsystems.com/legal 4www.vermontsystems.com sales@vermontsystems.com Quote Number: QUO-09155-Y5K9N8 06/09/2021 Software Pricing is valid for 120 Days Hardware Pricing is Subject to Change 8.D.a Packet Pg. 106 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 189 The Additional User Hosting Services Fee does NOT include the Vermont Systems application software and Progress software annual maintenance fees. Prior to selecting the hosting option, we require customer to test/verify connectivity from all locations to ensure satisfactory performance. Please contact Vermont Systems Sales for additional information and scheduling, 877-883-8757 - Option #2 or email at: sales@vermontsystems.com. 5www.vermontsystems.com sales@vermontsystems.com Quote Number: QUO-09155-Y5K9N8 06/09/2021 Software Pricing is valid for 120 Days Hardware Pricing is Subject to Change 8.D.a Packet Pg. 107 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Vermont Systems Inc - RecTrac CotW Exhibit D Privacy Policy 8.D.a Packet Pg. 108 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 1 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 PRIVACY POLICY We take data privacy seriously. This privacy policy explains who we are, how we collect, share and use Personal Information, and how you can exercise your privacy rights. We recommend that you read this privacy policy in full to ensure you are fully informed . However, to make it easier for you to review the parts of this privacy policy that apply to you, we have divided up the document into sections that are specifically applicable to Customers (Section 2), Patrons (Section 3) and Visitors (Section 4). Sections 1 and 5 apply to everyone. To the extent we provide you with notice of different or additional privacy policies, those policies will govern such interactions with our products and services. 1. THE BASICS A. About VS. RecTrac, LLC d/b/a Vermont Systems (“VS,” “we,” “us,” or “our”) is a technology company that develops, maintains and sells a proprietary club -management software and payments solution, and other related services, for business owners operating primarily in the parks and recreation space. VS’s corporate office is located at 12 Market Place, Essex Junction, VT 05452. B. Key Terms. In this privacy policy, these terms have the following meanings: “Customer” is a VS customer. The Customer is the individual, business entity, non-profit, military branch, or municipality contracting with us to receive Services as more specifically identified in the Services Agreement. “End Users” are a Customer’s authorized and licensed users of the Software, as described in the Order Schedule. “Patron(s)” mean(s) the individuals who purchase a Customer’s products and/or services and who otherwise interact with the Software. Patrons are our Customer’s customers, clients, members or military service members. “Personal Information” means any information that identifies or can be used to identity an individual directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, demographic information, financial data and transaction history . “Services” mean any and all of those products and/or services offered by us to you under the Agreement. Services may include products or services related to software, hosting, hardware, support and/or payments. “Software” means our proprietary technology software and any associated module(s), website(s), third-party integration(s), and mobile application(s) (if applicable). “Site” means our public-facing website, www.vermontsystems.com, or websites that link to www.vermontsystems.com. “Visitor” means, depending on the context, any person who visits the Site, our offices, or otherwise engages with us at our events or in connection with our marketing or recruitment activities . “You” and “your” means, depending on the context, either a Customer, P atron or a Visitor. EXHIBIT C 8.D.a Packet Pg. 109 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 2 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 C. Scope of this Privacy Policy. This privacy policy describes our practices and your rights in connection with the Personal Information that we may collect, use or disclose as related to: • our Services; • our Software; • the Site; • our social media pages; • any other products or services offered, or emails sent, that direct you to this privacy policy. By accessing or using any of the VS products or services described above (collectively, “VS Services,” unless referred to individually), you agree to the terms and conditions of this privacy policy. 2. PRIVACY FOR CUSTOMERS This section applies to the Personal Information we collect and process from Customers (or potential Customers) through the VS Services. If you are not a Customer, the Patron or Visitor section of this policy may be more applicable to you and your data. In this section, “you” and “your” will refer to Customers (and potential Customers), including their End Users. A. Information We Collect. The Personal Information that we collect depends on the context of your interactions with the VS Services, the settings associated with your Customer or End User account, the products, services and features that you use, your location, and applicable law . However, the Personal Information we collect broadly falls into the following categories: (i) Information you provide to us. You may provide certain Personal Information to us when you set up your Customer or End User account, access VS Services, consult with our customer service team, send us an email, integrate any of the VS Services with a third -party service or your website, or communicate with us in any other way. This information may include: • Business contact information (such as name, job title, legal entity, trade name, organizat ional information, phone number, email address, and country); • Marketing information (such as your contact preferences); • Site set-up (such as account logins, email addresses, usernames and passwords); • Customer Data (which includes any information associated with your Customer site(s) and Customer Data like photos, rosters and Patron Data). • Troubleshooting and support data (which is data you provide or we otherwise collect in connection with support inquiries we receive from you); • Payment information (including banking information for remit purposes, account and routing numbers, credit card numbers and associated identifiers, and billing address); and • Tax information (including your EIN or tax identification number). 8.D.a Packet Pg. 110 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 3 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 (ii) Information we collect automatically. When you use the VS Services, we may automatically collect or receive certain information about your device or usage (“Service Usage Data”). In some (but not all) countries, including countries in the European Economic Area (“EEA”), this inf ormation is considered Personal Information under applicable data protection laws. We use cookies and other tracking technologies to collect some of this information. For further information, please review our Cookies Policy available here. Service Usage Data may include: • Device Information. We collect information about the device and applications you use to access the Software, such as your IP address, your operating system, your browser ID, and other information about your system and connection. If you are using a VS mobile application (to the extent that we offer such a product), we may also collect information about the cellular network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s name and unique device ID, and information about the features of our mobile application that you accessed. • Log Data. Our web servers keep log files that record data each time a device accesses those servers and the nature of each access, including originating IP addresses and your activity in the VS Services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take), device event information (such as system activity and err or reports), and hardware settings. We may also access metadata and other information associated with files that you upload into the Software. • Usage Data. We collect usage data about you whenever you interact with the VS Services, which may include the dates and times you accessed the VS Services or your browsing activity on the Site . We also collect information about the performance of the VS Services, including metrics related to Software uptime, usage of our APIs, or the deliverability of emails . If you are using a VS mobile application (to the extent that we offer such a product), we may collect information about how often you use the mobile application and other performance data. This information allows us to improve the operation of the VS Services an d facilitate research and analysis of the VS Services . (iii) Information we collect from other sources. From time to time, we may obtain information about you from third-party sources, such as credit reporting agencies, public databases, social media pla tforms, marketing partners, and/or third-party data providers. Examples of the information we receive from other sources may include credit histories, demographic information (such as age and gender), device information (such as IP addresses), location data (such as city and state), and online behavioral data (such as information about your use of social media websites, page view information and search results and links). We may use this information, alone or in combination with other Personal Information we collect, to assess the credit risk associated with opening a merchant or sub-merchant account for you, to enhance our ability to provide relevant marketing or content to you, to better provide you with VS Services, and to develop and provide you with mor e relevant products, features, and services. B. Use of Personal Information. We may use the Personal Information we collect or receive through the VS Services (alone or in combination with other data we source) for the purposes and on the legal bases iden tified below: • To create, administer and assign permissions to your Customer and/or End User account(s) and provide you with related assistance. 8.D.a Packet Pg. 111 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 4 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 • To bill and collect money owed to us by you under the terms of our Agreement with you. • To perform our obligations under the Agreement with you for the use of any or all of the VS Services; or, where we have not entered into a contract with you, in accordance with our legitimate interests to operate and administer the VS Services. For example, we may create and administer your Customer and/or End User account(s), fulfill and record payment transactions, and provide you with related assistance. • To send you VS Services alerts in reliance on our legitimate interests in administering the VS Services and providing certain features and functionalities. For example, we may inform you about temporary or permanent changes to the VS Services, send you scheduled maintenance updates, or send you account, security or compliance notifications, such as new features or func tionalities, version updates, releases, abuse warnings, and changes to this privacy policy. • To communicate with you about your site(s), Customer and/or End User account(s), and/or permit customer support to provide you with related support services. • To enforce compliance with our Terms of Service, the Agreement, other posted VS policies, and applicable law, and to protect the rights and safety of our other Customers in reliance on our legitimate interest to protect against misuse or abuse of the VS Services and, as needed, to pursue available remedies. • To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, garnishments or tax liens, and other appropriate legal mechanisms. • To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, and security requirements in reliance on our legitimate interests. • To prosecute and defend a court, arbitration or similar proceeding. • To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. • To provide, support and improve the VS Services to perform our Agreement with you for the use of VS Services; or, where we have not entered into a contract with you, in reliance on our legitimate interests in administering and improving the VS Services and providing certain features and functionalities. This may include sharing your information with third parties in order to provide and support our VS Services or to make certain features or functionalities of the Software available to you. When we share your Personal Information with third parties, we take steps to protect your information in a manner that is consistent with our obligations under applicab le privacy laws. For further information about how we share your information, please refer to Section 5 below. • To run data analytics or reports in reliance on our legitimate business interests in improving and enhancing our VS Services. For example, we may run a data analytics to better understand Customer, End User and/or Patron use of our VS Services, or to better understand general trends and statistics about the parks and recreation industry or a particular market segment . • To facilitate social sharing functionality if you consent to such activities . 8.D.a Packet Pg. 112 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 5 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 • To allow you to participate in sweepstakes, contests or similar promotions if you consent to such activities. • To share information with other marketers (and their service providers) to permit them to send you marketing communications consistent with your choices. • To send you VS marketing materials that we believe may be of interest to you if you consent to such activities. C. Third-Party Integrations. We may use the Personal Information we collect or receive through the VS Services, as a data processor or as otherwise stated in this privacy policy, to enable your use of the integrations and plugins you choose to connect to your Customer and/or End User account(s). D. Cookies and Tracking Technologies. We and our third-party partners may use various technologies to collect and store Service Usage Data when you use the VS Services (as discussed above), and this may include using cookies and similar tracking technologies, such as pixels and web beacons . For example, we use web beacons in the emails you send, which enable us to track certain behavior, such as whether the email sent through the VS Services was delivered and opened and whether links within the email were clicked . The use of web beacons allow us to collect information such as the recipient’s IP address, browser, email client type and other similar data as further described above details. We use this information to measure the performance of your email campaigns, to provide analytics information , enhance the effectiveness of the VS Services, and for other purposes described above. E. Your Data Protection Rights. Depending on the country in which you reside, you may have the following data protection rights: • To access; correct; update; port; delete; restrict; or object to our processing of your Personal Information. • You can manage your Customer and/or End User account(s) directly from the VS support portal, or you may contact us directly to seek help with managing such account(s) by emailing us at support@vermontsystems.com. You can also manage information about your Patrons directly from your Customer account(s) to be able to do things like access, correct, update, port or delete information that you receive from your Patrons. Note, if any of your Patrons wish to exercise any of these rights, they should contact you directly . You can also contact us at any time to update your marketing preferences (see Section 5. General Information, C. Your Choices and Opt-Outs below). We take reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. • The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA and UK are available here. • Similarly, if Personal Information is collected or processed on the basis of consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. If we receive a request from one of your Patrons, we will either direct the Patron to reach out to yo u, or, if appropriate, we may (but shall not be required to) respond directly to their request. 8.D.a Packet Pg. 113 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 6 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 3. PRIVACY FOR PATRONS This section applies to the information we process about our Customers’ Patrons, the Customer being the controller of such data (as a “data controller”) and VS being the processor of such data (as a “data processor”). The Software and our related Services are intended for use by paid Customers and their lawful Patrons . As a result, for much of the Personal Information we collect and process about Patrons through the VS Services, we act as a processor of such information on our Customers’ behalf . We are not responsible for the privacy or security practices of our Customers (including their End Users), nor the third parties which Customers may use or contract with for other services provided to them, which may differ from those set forth in this priva cy policy. Please check with the Customer with whom you have a business relationship about the privacy policy or policies it may have in place. For purposes of this section, "you" and "your" refer to Patrons. A. Information We Collect. The Personal Information that we may collect or receive about you broadly falls into the following categories: (i) Information we receive about Patrons from our Customers. A Customer may provide Personal Information about you to us through the VS Services . When you sign up for a Patron account using the Software, your Personal Information, including your name, email address, address, telephone number and certain payment information, becomes associated with our Customer’s account(s) and the particular location within th at Customer account where you are a customer, client or member of the Customer . You can update your Personal Information directly from your Patron account. (ii) Information we collect automatically. When you interact with a marketing campaign that you re ceive from a Customer or access your Patron account through the Software, we may collect information about your device and your interaction with the marketing email, SMS or the Software . We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below and in more detail in our Cookies Policy available here. • Device Information. We collect information about the device and applications you use to access emails sent through the VS Services, such as your IP address, your operating system, your browser ID, and other information about your system and connection. • Usage Data. It is important to us to ensure the security and reliability of the VS Services that we provide. Therefore, we also collect usage data about your interactions with the VS Services, which may include dates and times you access the Software and your browsing activity on the Site . This information allows us to ensure compliance with our Terms of Service and API Terms of Use, to monitor and prevent service abuse, and to ensure we attain certain usage standards and metrics in relation to the VS Services. We also collect information regarding the performance of the VS Services, including metrics related to Software uptime, periods of slowness, or the deliverability of emails that our Customers may send through the Software. This information allows us to improve the content and operation of the VS Services and facilitate research and perform analysis into the use and performance of the VS Services. (iii) Information we collect from other sources. From time to time, we may obtain information about you from third-party sources, such as social media platforms and third -party data providers. For example, if you choose to connect your social media account to your Patron account, certain information from your social media account may be shared with us, including information that’s part of your or your friend’s profiles . We may also collect Personal Information through the VS Services at the direction of our Customers. 8.D.a Packet Pg. 114 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 7 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 B. Use of Personal Information. We may use the Personal Information we collect or receive about you in reliance on our (and where applicable, our Customers’) legitimate interests for the following purp oses: • To enforce compliance with our Terms of Service and applicable law . This may include utilizing usage data and developing tools and algorithms that help us prevent violations. • To protect the rights and safety of Customers, third parties and VS . • To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms. • To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, and security requirements in reliance on our legitimate interests. • To prosecute and defend a court, arbitration or similar proceeding. • To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. • To provide, support and improve the VS Services . For example, this may include sharing your information with third parties in order to provide and support our VS Services or to make certain features or functionalities of the Software available to you. When we share your Personal Information with third parties, we take steps to protect your information in a manner that is consistent with our obligations under applicable privacy laws . For further information about how we share your information, refer to Section 5 below. • To run data analytics or reports. Our data analytics or reporting projects use data from our Customers’ accounts, including Personal Information belonging to Patrons, to provide and improve the VS Services. We use information, like your transactions history or bookings records, for example, so we can make more informed predictions, decisions, and products for our Customers . If you prefer your data not be used in this manner, you can opt out of data analytics and reportin g projects at any time by emailing us at privacy@vermontsystems.com with the subject heading titled “Opt Out from Data Analytics and Reporting Projects .” • To carry out other business purposes. To carry out other legitimate business purposes, as well as other lawful purposes about which we will notify you. C. Cookies and Tracking Technologies. We and our third-party partners may use various technologies to collect and store Service Usage Data when you use the VS Services (as discussed above), and this may include using cookies and similar tracking technologies, such as pixels and web beacons . For example, we use web beacons in the emails sent by our Customers, which enable us to track certain behavior, such as whether the email sent through the Software was delivered and opened and whether links within the email were clicked . The use of web beacons allow us to collect information such as the recipient’s IP address, browser, email client type and other similar data as further described above details . We use this information to measure the performance of your email campaigns, to provide analytics information, enhance the effectiveness of the VS Services, and for other purposes described above. 8.D.a Packet Pg. 115 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 8 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 D. Your Data Protection Rights. Depending on the country in which you reside, you may have the following data protection rights: • To access; correct; update; port; delete; restrict or object to our processing of your Personal Information. • You also have the right to complain to a data protection authority about our collection and use of your Personal Information . For more information, please contact your local data protection authority. Contact details for a data protection authority in the EEA are available here. As described above, for much of the Personal Information we collect and process about Patrons through the VS Services, we act as a processor on behalf of our Customers. In such cases, if you are a Patron and want to exercise any data protection rights that may be available to you under applicable l aw or have questions or concerns about how your Personal Information is handled by us as a processor on behalf of our individual Customers, you should contact the relevant Customer that is using the VS Services, and refer to their separate privacy policy. If you no longer want to be contacted by one of our Customers through the VS Services, please contact the Customer directly to update or delete your data. If you contact us directly, we may either forward your request to the relevant Customer or provide yo u with the identity of the Customer to enable you to contact them directly. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws . We may ask you to verify your identity in order to help us respond efficiently to your request. 4. PRIVACY FOR VISITORS This section applies to Personal Information that we collect and process when you visit the Site, and in the usual course of our business, such as in connection with our recruitment, events, sales and marketing activities or when you visit our offices. In this section, “you” and “your” will refer to Visitors . A. Information we collect (i) Information you provide to us on the Site or otherwise . Our Site offers various ways to contact us, such as through form submission, email or phone, to inquire about our company, our products and our services . For example, we may ask you to provide certain Personal Information when you express an interest in obtaining information about us or the VS Services, take part in surveys, subscribe to marketing, apply for a role with VS, or otherwise contact us. We may also collect Personal Information from you in person when you attend our events or trade shows, if you visit one of our offices, or via a phone call with one of our sales representatives . You may choose to provide additional information when you communicate with us or otherwise interact with us, and we may keep copies of any such communications for our records . The Personal Information we collect may include: • Business contact information (such as your name, phone number, email address, address and country); • Professional information (such as your job title and company); • Nature of your communication; 8.D.a Packet Pg. 116 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 9 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 • Marketing information (such as your contact preferences); and • Any other information you choose to provide us when completing any ‘free text’ boxes in our forms. (ii) Information we collect automatically through the Site . When you visit our Site or interact with our emails, we use cookies and similar technologies such as pixels or web beacons, alone or in conjunction with cookies, to collect certain information automatically from your browser or device . In some countries, including countries in the EEA, this information may be considered Personal Information under applicable data protection laws . Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Policy available here. The information we collect automatically includes: • Device information such as your IP address, your browser, device information, unique device identifiers, mobile network information, request information (speed, frequency, the site from which you linked to us (“referring page”), the name of the website you choose to visit immediately after ours (called “exit page”), information about other websites you have recently visited and the web browser you used. • Usage data such as information about how you interact with our emails, Site, and other websites (such as the pages and files viewed, searches, operating system and system configuration information and date/time stamps associated with your usage). B. Use of Personal Information. We may use information we collect through our Site and in connection with our events and marketing activities (alone or in combination with other data we collect) for a range of reasons in reliance on our legitimate interests, including: • To provide, operate, optimize and maintain the Site; • To send you marketing information, product recommendations and non-transactional communications (for example, marketing newsletters, telemarketing calls, SMS, or push notifications) about us, in accordance with your marketing preferences, includi ng information about our products, services, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent. • For recruitment purposes if you have applied for a role with VS . • To respond to your online inquiries and requests, and to provide you with information and access to resources or services that you have requested from us. • To manage the Site, including its proper administration and security. • To manage event registrations and attendance, including sending related communications to you. • To register visitors to our offices for security reasons and to manage non -disclosure agreements that visitors may be required to sign. • To improve the navigation and content of the Site. • To identify any server problems or other IT or network issues. 8.D.a Packet Pg. 117 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 10 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 • To compile aggregated statistics about site usage and to better understand the preferences of our Visitors. • To help us provide, improve and personalize our marketing activities. • To carry out research and development to improve the VS Services. • To conduct marketing research, advertise to you, provide personalized information about us on and off our Site, and to provide other personalized content based on your activities and interests to the extent necessary for our legitimate interests in supporting our marketing activities or advertising our VS Services or instances where we seek your consent. • To carry out other legitimate business purposes, as well as other lawful purposes, such as data analysis, fraud monitoring and prevention, identifying usage trends and expanding our business activities in reliance on our legitimate interests. • To cooperate with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Site and/or VS Services, protecting personal pr operty or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, or responding to lawful requests. C. Public Information and Third-Party Websites • Social media platforms and widgets. The Site includes social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Site, and they may set a cookie to make sure the feature f unctions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site . We also maintain presences on social media platforms, including Facebook, Twitter, and Instagram . Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy . We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those featu res and platforms are governed by the privacy policies of the companies that provide them. • Links to third-party websites. The Site includes links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies . We encourage you to carefully read the privacy policy of any website you visit. • Contests and sweepstakes. We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on the Site or through social media (collectively, "Promotions"). Participation in our Promotions is completely voluntary. Information requested for entry may include Personal Information such as your name, address, date of birth, phone number, e mail address, username, and similar details. We use the information you provide to administer our Promotions . We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about the VS Services. We may share this information with our affiliates and other organizations or service providers in line with this privacy policy and the rules posted for our Promotions. 8.D.a Packet Pg. 118 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 11 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 D. Cookies and Tracking Technologies. We use cookies and similar tracking technologies to collect and use Personal Information about you, including to serve interest-based advertising. For further information about the types of cookies and tracking technologies we use, why, and how you can control them, please see our Cookies Policy available here. E. Other Data Protection Rights. Depending on the country in which you reside, you may have the following data protection rights: • To access; correct; update; port; delete; restrict or object to our processing of your Personal Information. You can exercise these rights by emailing support@vermontsystems.com. • You may also have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here. • Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent . You can also contact us at any time to update your marketing preferences (see Section 5. General Information, C. Your Choices and Opt-Outs below). We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request. 5. GENERAL INFORMATION A. How We Share Information. We may share and disclose your Personal Information to the following types o f third parties for the purposes described in this privacy policy . For purposes of this section, “you” and “your” refer to Customers, Patrons and Visitors unless otherwise indicated. (i) Our service providers. Sometimes, we share your information with our third-party service providers working on our behalf for the purposes described in this privacy policy . For example, companies we have hired to help us provide and support our VS Services, including the processing of payments, or assist in protecting and s ecuring our systems and services and other business -related functions. The following is a non-exclusive list of third-party service providers that may process your Personal Information in their capacity as a sub -processor of ours. Please review the relevant privacy policies (links are current as of the date of publication of this privacy policy) for further information about how each third -party handles your Personal Information . Third Party Name Privacy Policy Link Worldpay, LLC https://online.worldpay.com/terms/privacy Elavon, Inc. https://www.elavon.com/privacy-policy.html CardConnect https://cardconnect.com/privacy-policy PlugNPlay http://www.plugnpay.com/privacy-policy/ VeriFone https://www.verifone.com/privacy 8.D.a Packet Pg. 119 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 12 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 (ii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation; (b) to exercise, establish, or defend our legal rights; or (c) to protect your vital interests or those of any other person. (iii) A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this privacy policy, including your rights to access and choice. We will notify you of the change by sending you an email or posting a notice on our Site. (iv) Any other person with your consent. NOTE: We do not sell your Personal Information to any third party for promotional or marketing purposes . B. Legal Basis for Processing Personal Information (EEA and UK Persons Only). If you are located in the EEA or UK, our legal basis for collecting and using the Personal Information desc ribed above will depend on the Personal Information concerned and the specific context in which we collect it. However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Our legitimate interests are described in more detail in this privacy policy in the sections above titled “Use of Personal Information,” but they typically include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the VS Services and our Site; and supporting our marketing activities. If you are a Customer, we may need the Personal Information to perform our Agreement with you . In some limited cases, we may also have a legal obligation to collect Personal Information from you . If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information. Where required by law, we will collect Personal Information only where we have your consent to do so. If you have questions or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us at support@vermontsystems.com. C. Your Choices and Opt-Outs (i) Customer Account(s); Customer Site. In order to keep your Personal Information accurate and complete, you can log in to review and update your account information, including contact and billing information, via your Customer and/or End User account(s), as applicable. If you are a Customer and would like to change the way we communicate with you, including a change in your primary point of contact (whether for billing purposes or otherwise), please send us the request at accountsreceivable@vermontsystems.com. (ii) Email. If you do not wish to receive emails sent through the Software, you may opt out at any time by following the opt-out or unsubscribe link contained at the bottom of the email itself. Please note that it may take up to ten (10) days to process your request. Please note that if you opt-out from receiving promotional or marketing emails, you may continue to receive emails with information re lated to your account or our Services . If you do not wish to receive any service -related emails from us, you have the option of deactivating your account. 8.D.a Packet Pg. 120 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 13 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 (iii) SMS (Text Messages). In order to send text messages through the Software, Customers must enab le this functionality in their site settings. Once enabled, an individual Patron can control his or her “text messaging address” by entering a phone directly from the Patron’s account profile and saving the information . Patron’s must verify opt-in consent by entering and confirming a confirmation code sent to the mobile device listed . To revoke consent to receiving text messages, please notify the Customer or remove the mobile number from the “text messaging address” field in the Patron’s account profile. (iv) Cookies. You may also refrain from providing, or withdraw, your consent for cookies . Your browser’s help function should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued; or to not receive cookies at any time. (v) Third Party Analytics Services. We use Google Analytics in conjunction with our Services . Google Analytics is provided by Google, Inc. You can opt-out from Google Analytics service from using your information by installing the Google Analytics Opt-out Browser tool: tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page here. D. Our Security. We take appropriate and reasonable technical and organizational measures designed to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. Unfortunately, even with these safeguards, no data transmission or storage system can be guaranteed to be 100% secure . If you have any questions about the security of your Personal Information, you may contact us at support@vermontsystems.com. Customer and/or End User account(s) require a username and password to login . Customer and End Users must keep their username and password secure, and never disclose it to a third party . Permissions assigned by Customers to authorized staff members (i.e., End Users) should be closely guarded, periodically updated, some level of internal training provided about the security of login credentials . Because the information in a Customer’s account is private, account passwords are hashed, which means we cannot see a Customer’s and/or End User’s password. We cannot resend forgotten passwords either. We will only provide Customer and/or End User with instructions on how to reset them. E. International Transfers (i) We operate in the United States. Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy. (ii) Customers, Patrons and Visitors located in Australia. If you are a Customer, Patron or Visitor who accesses VS Services in Australia, this section applies to you . Here are the specific points under the Privacy Act 1988 (“Australian Privacy Act”) you should be aware of: • As stated in the Prohibited Use section of our Terms of Service, information considered to be harassing, discriminatory, defamatory, vulgar, pornographic or harmful to others is not permitted on the VS Services and Customers, End User and Patrons are prohibited from loadi ng any such Personal Information to their account(s). • Please note that if you do not provide us with your Personal Information or if you withdraw your consent for us to collect, use and disclose your Personal Information, we may be unable to provide the VS Services to you. 8.D.a Packet Pg. 121 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 14 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 • Where we collect Personal Information of our Visitors, the Personal Information we ask you to provide will be information that is reasonably necessary for, or directly related to, one or more of our functions or activities. Please see Section 4 of this privacy policy for examples of the types of Personal Information we may ask Visitors to provide. • Where we say we assume an obligation about Personal Information, we will also require our integration partners and subcontractors to undertake a similar obligation. • We will not use or disclose Personal Information for the purpose of our direct marketing to you unless you have consented to receive direct marketing; yo u would reasonably expect us to use your personal details for marketing; or we believe you may be interested in the material but it is impractical for us to obtain your consent. You may opt out of any marketing materials we send to you through an unsubscribe mechanism. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as "direct marketing" under the Australian Privacy Act, including changes to our terms, system alerts, and other information related to your account as permitted under the Australian Privacy Act and the Spam Act 2003 (Cth). • Our servers are located in the United States . In addition, we or our sub-processors may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of offshore activity . All of our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas. • You may access the Personal Information we hold about you . If you wish to access your Personal Information, please contact us directly by emailing us at support@vermontsystems.com. We will respond to all requests for access within a reasonable time. If you think the information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request. If you find that the information we have is not up to date or is inaccurate or incomplete, please contact us in writing at support@vermontsystems.com so we can update our records. We will respond to all requests for correction within a reasonable time. If you are unsatisfied with our response to a privacy matter, you may consult either an independent advisor or contact the Office of the Australian Information Commissioner for additional help . We will provide our full cooperation if you pursue this course of action. F. Retention of Data. We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we will refer to these criteria in order to determine retention periods: • Whether we have a legal or contractual need to retain the data. • Whether the data is necessary to provide the VS Services. • Whether our Customers have the ability to access and delete the data on their own. • Whether our Customers would reasonably expect that we could retain the data until they remove it or until their account is closed or has been terminated . 8.D.a Packet Pg. 122 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 15 Template: POL-VS-QM-IT Privacy Policy 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: POL-VS -QM-IT Privacy Policy 09NOV2020-V01 (1) Last Revision: 11/30/2020 G. California Privacy. The California Consumer Privacy Act (“CCPA”) provides consumers with specific rights regarding their Personal Information. You have the right to request that businesses subject to the CCPA (which may include our Customer with whom you have a relationship) disclose certain information to you about their collection and use of your Personal Information over the past 12 months . In addition, you have the right to ask such businesses to delete Personal Information collected from you, subject to certain exceptions . If the business sells Personal Information, you have a right to opt-out of that sale. Finally, a business cannot discriminate against you for exercising a CCPA right. When offering services to Customers, we act as a “service provider” under the CCPA and our receipt and collection of any consumer Personal Information is completed on behalf of our Customers in order for us to provide the VS Services . Please direct any requests for access or deletion of your Personal Information under the CCPA to the Customer with whom you have a direct relationship . VS, for its part, does not sell any of your Personal Information to any third party for promotional or marketing purposes . Consistent with California law, if you choose to exercise your applicable CCPA rights, we will not charge you different prices or provide you a different quality of services. If we ever offer a financial incentive or product enhancement that is contingent upon you providing your Personal Information, we will not do so unless the benefits to you are reasonably related to the value of the Personal In formation that you provide to us. H. Use by Minors. The VS Services are not directed or targeted at children under the age of thirteen (13). We request that minors do not provide Personal Information through the VS Services; instead, any such information on a minor should be submitted to us by the minor’s authorized parent or legal guardian . I. Do Not Track. Certain state laws require us to indicate whether we honor “Do Not Track” settings in your browser. We adhere to the standards set out in this privacy policy and do not monitor or follow any Do Not Track browser requests. J. Changes to this Privacy Policy. We may change this privacy policy at any time and from time to time . The most recent version of the privacy policy is reflected by the version date located at the top of this privacy policy . All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this privacy policy or other notice on t he Site. We encourage you to review this privacy policy often to stay informed of changes that may affect you . Our electronically or otherwise properly stored copies of this privacy policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy that was in effect on each respective date you visited the Site. K. Questions & Concerns. If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please contact us at support@vermontsystems.com. You may also contact us by postal mail at: RecTrac, LLC d/b/a Vermont Systems Attn: Privacy 12 Market Place Essex Junction, VT 05452 8.D.a Packet Pg. 123 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Vermont Systems Inc - RecTrac CotW Exhibit E Service Level Agreement (Software) 8.D.a Packet Pg. 124 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 1 Template: CNT-VS-QM-SA SLA Software Hosting - Premium 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: CNT-VS-QM-SA SLA Software Hosting - Premium 09NOV2020-V01 Last Revision: 11/30/2020 SERVICE LEVEL AGREEMENT (SOFTWARE) Terms not specifically described in this PREMIUM Service Level Agreement for Software ("Software SLA") shall have the meanings as set forth in Section 1 of the Terms of Service or elsewhere in the Agreement. 1 ELIGIBILITY. This Software SLA shall apply only to Customers receiving VS 's Software as a "hosted" solution, meaning VS has contracted to host Customer Data on VS-controlled servers and systems. To be eligible for the Software SLA, Customers must be current in their payment of Fees to VS and must remain complaint with the terms and conditions of the Agreement. 2 UPTIME COMMITMENT. VS will use its best efforts to operate and maintain the Software in a professional manner with the objective of maintaining a 99.90% uptime commitment for Services considered "critical" to a Customer's daily business operation. Services considered critical are those which, if unavailable (as defined below), would have an immediate and negative impact on a core business function of the Customer such as its ability to take payments, retrieve Patron Data, or access the Software (a "Critical Service"). Uptime as described is applicable to production environments only. Demo and Testing environments are not included in the SLA calculations. 3 SERVICE INTERUPTION. "Service Interruption" means that one or more Critical Services are unavailable to Customers as the result of a failure in VS-controlled equipment, services or personnel. "Unavailable" means that the Software is unable to transmit, receive, store or retrieve Customer Data, including, without limitation, Patron Data. 4 VS RESPONSE PROTOCOL. VS will commence efforts to resolve a Service Interruption within 60 minutes after VS first learns of the issue. If the root cause for the Service Interruption is solely within VS's power to control, VS will attempt to remedy the Service Interruption within three (3) hours. If, however, the root cause for the Service Interruption involves a third party, or a source outside of VS's direct control, VS will use commercially reasonable efforts to promptly notify such third parties and cooperate with them to resolve any Service Interruptions. 5 CUSTOMER REMEDIES. VS is agreeable to issuing out-of -service credits to a Customer's account where VS fails to maintain its 99.90% uptime commitment. VS will offer out-of-service credits in accordance with the tiered schedule below: Uptime Availability (%) Unavailability Per Calendar Month Credit Percentage 98.0 to 99.89 48 min to 14 hrs 36 min 15% 95.0 to 97.99 14 hrs 41 min to 1 day 12 hrs 31 min 40% 90.0 to 94.99 1 day 12 hrs 35 min to 3 day 1 hr 3 min 70% 89.99 or below 3 days 1 hr 7 min 100% EXHIBIT D8.D.a Packet Pg. 125 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 2 Template: CNT-VS-QM-SA SLA Software Hosting - Premium 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: CNT-VS-QM-SA SLA Software Hosting - Premium 09NOV2020-V01 Last Revision: 11/30/2020 To be eligible for an out-of-service credit, Customer must open a support ticket at https://support.vermontsystems.com within thirty (30) days from a Service Interruption. VS will validate reported Service Interruptions through its third-party monitoring tool, Site24x7 (which validates Software availability across multiple locations within the U.S. tracking interruptions to service and their duration). The maximum out- of-service credit that Customer may receive for Unavailability of the Software in any calendar month shall not exceed to total Fees associated with one (1) month of Services (prorated accordingly for Customers billed annually). Any out-of -service credits shall be applied to the Customer's account as an offset against the next month's Fees. No out-of-service credits shall be redeemable for cash; any credits not used by the termination of the Agreement shall be forfeited and waived . 6 EXCLUSIONS. Customer shall not be entitled to an out-of-service credit where a Service Interruption is caused by or associated with (a) a Customer's own acts or omissions; (b) a Force Majeure event (as defined by the Terms of Service); (c) excused downtime for maintenance or upgrades to the Software; (d) a Customer's violation of the Agreement, including (but not limited to) a violation of the Prohibited Use provision of the Terms of Service; and/or (e) a beta release, pilot program or trial service, as determined by VS. 8.D.a Packet Pg. 126 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Vermont Systems Inc - RecTrac CotW Exhibit F Service Level Agreement ((Support)) 8.D.a Packet Pg. 127 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 1 Template: CNT-VS-QM-SA SLA Software Support 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: CNT-VS-QM-SA SLA Software Support 09NOV2020-V01 (2) Last Revision: 12/1/2020 SERVICE LEVEL AGREEMENT (SUPPORT) Terms not specifically described in this Service Level Agreement for Support ("Support SLA") shall have the meanings as set forth in Section 1 of the Terms of Service or elsewhere in the Agreement . 1 ELIGIBILITY. This Support SLA shall apply only to Customers receiving VS's Support Desk, including "live" support channels by phone or chat. To be eligible for the Support SLA, Customers must be current in their payment of Fees to VS and must remain complaint with the terms and conditions of the Agreement. 2 CASE PRIORITIES. To provide high quality support and to effectively assign resources to incoming cases, the following four types of case priorities have been identified: Priority 1 Critical Critical business impact occurs on a production system preventing business operations. End Users and Patrons are prevented from working within the Software with no workarounds. Examples include: Software crashes or is goes off-line; functionality critical to business operation not available; data breach or loss of Customer Data. Priority 2 Major Significant business impact occurs on a production system severely impacting business operation. End Users and Patrons are impacted by the issue but may still be able to work in a limited capacity within the Software . Examples include significant performance degradation; functionalities important to business operation not available; loss of Software functionality has an escalating impact on business operations. Priority 3 Medium Minor business impact occurs on a production system that causes a partial or non-critical loss of functionality in the Software . A limited number of End Users and/or Patrons are affected. Priority 4 Low Issues occurring on a non-production system in the Software . Examples include: a question, comment or enhancement. EXHIBIT E8.D.a Packet Pg. 128 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 2 Template: CNT-VS-QM-SA SLA Software Support 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: CNT-VS-QM-SA SLA Software Support 09NOV2020-V01 (2) Last Revision: 12/1/2020 3 RESPONSE TIMES. VS will respond and escalate support issues in accordance with the table below . All days referenced below are calendar days, not business days. Priority 1 (within) Priority 2 (within) Priority 3 (within) Priority 4 (within) Initial Response 1 hour 4 hours 5 days - Correction Identified /Pursued 24 hours 7 days As agreed between parties - If Issue Remains Unresolved Escalation Stage 1 – to Support Managers (Status Report Intervals) 12 hours (Every 4 hours) 7 days (Daily) - - Escalation Stage 2 – to Directors (Status Report Intervals) 24 hours (Every 4 hours) 7 days (Daily) Escalation Stage 3 – to President (Status Report Intervals) 72 hours (Every 4 hours) 10 days (Daily) - - 4 CUSTOMER REPORTING CHANNELS; PROCESS. Support Desk Customers experiencing support issues must report customer support concerns through VS 's established support channels, including: • Customer support line available at (877) 883-8757 • Chat support available through the support portal on the Site • For after-hours support, VS pager number at 802-490-1911 All issues or questions reported to support are tracked with a support case that contains at a minimum the Customer account name, contact person, software product and version, module and/or menu selection, detailed description of the issue, and any other pertinent information. Case 8.D.a Packet Pg. 129 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 3 Template: CNT-VS-QM-SA SLA Software Support 09NOV2020-V01 ©RecTrac, LLC All rights reserved. File Name: CNT-VS-QM-SA SLA Software Support 09NOV2020-V01 (2) Last Revision: 12/1/2020 statuses are viewable on the VS support portal. Each case is stored in a queue and the first available support representative will be assigned to the next case issue based on priority. While reviewing the case issue, the assigned support person will contact the Customer, if additional information is needed. The VS support person will either resolve the issue or advise Customer regarding the status and the course of action being taken to resolve it. All correspondence and actions associated with a case are tracked in the support database. If the issue needs to be escalated to a development resource, Customer will be informed. While issues escalated to development will be scheduled for resolution, they may not be resolved immediately depending on the nature and complexity of the issue. Customer may view the development status at any time. 8.D.a Packet Pg. 130 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Vermont Systems Inc - RecTrac CotW Exhibit GG API Terms of Use 8.D.a Packet Pg. 131 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - CNT-VS-QM-SA API Terms of Use 09NOV2020-V01 1 ©RecTrac, LLC All rights reserved. CNT-VS-QM-SA API Terms of Use 09NOV2020-V01 (1) Last Revision: 11/30/2020 API TERMS OF USE Thank you for using the Vermont Systems Application Programming Interfaces (the “VS API”). This API Terms of Use (“API TOU”), together with VS’s Terms of Service and Privacy Policy, form a binding contract between you, or the company or legal entity that you represent, and Vermont Systems, Inc. (“VS” or “Company”). As used in this API TOU, “we,” “our,” and “us” refer to VS, and “you” and “your” refer to the individual, company or legal entity that you represent. By accessing and using the VS APIs, you agree to abide by the API TOU and any guidelines or other documentation provided by VS for use in connection with the VS APIs (the “API Documentation”). Terms not specifically defined herein shall have the meanings as set fo rth in Section 1 of the VS Terms of Service. 1. API LICENSE GRANT. Subject to your compliance with the API TOU, in addition to our Terms of Service and Privacy Policy, we grant you a non-exclusive, revocable, non-transferrable and non-sublicensable license to (a) access and use the VS APIs and API Documentation to receive, modify, use and display Patron Data from the Software in your website or native applications for mobile devices (“Your Application”) subject to the permissions of the relevant Patron accounts; (b) use the VS APIs, API Documentation, or Patron Data to develop, test, and support Your Application; and (c) distribute Your Application to Patrons and to allow such Patrons to access your integration of the VS APIs within Your Application. You may not use the VS APIs for any other purpose without VS’s prior written consent. If you are integrating with VS APIs in Your Application, you may charge for Your Application; however, you may not sell, rent, lease, sublicense, redistribute or syndicate access to the VS APIs. 2.TRADEMARK LICENSE GRANT. Subject to your compliance with the API TOU, we grant you a non - exclusive, revocable, non-transferrable and non- sublicensable license to reproduce and display the VS name and logo (the “VS Marks”) in accordance with our trademark guidelines and solely to promote or advertise your integration of the VS APIs in Your Application . 3. RESERVATION OF LICENSED RIGHTS. All of our rights not granted by this API TOU are expressly reserved. 4. LICENSEE OBLIGATIONS. In connection with your use of the VS APIs, you must: (a) obtain the explicit consent of Patrons before collecting, using, posting or sharing any Patron Data obtained through the VS APIs on an Patron’s behalf; (b) comply with the VS Terms of Service and Privacy Policy; (c) comply with any requirements or restrictions imposed on usage of Patron Data by the owner of such data. Although the VS APIs can be used to provide you with access to Patron Data, neither VS’s provision of the VS APIs to you nor your use of the VS APIs overrides any requirements or restrictions place on such Patron Data by the Patron or a third party, including a VS Customer, with a legal interest in the Patron Data; (d) maintain a user agreement or terms of use and a privac y policy for Your Application, which is prominently identified or located where Patrons download or access Your Application. Your privacy policy must meet applicable legal standards and describe the collection, use, storage and sharing of Patron Data in clear, understandable and accurate terms. You must promptly notify us in writing via email to legal@vermontsystems.com of any breaches of your user agreement or privacy policy that impact or may impact users of the VS APIs, the Software or our Site; (e) obtain the consent of an Patron prior to deleting or destroying any of the Patron Data associated with their VS account; and (f) provide attribution to VS as the source of data in accordance with the following guidelines: (i) display a VS Mark so it is clear to the Patron that the data is from VS; (ii) link the logo in such VS Mark to www.vermontsystems.com; and (iii) comply at all times with trademark guidelines provided by VS when using or displaying the VS Marks. 5. USE RESTRICTIONS. You and Your Application may not: (a) access, store or share Patron Data to which the Patron has not granted you explicit access rights; (b) make requests that exceed our rate limit or use the VS APIs in a EXHIBIT F 8.D.a Packet Pg. 132 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - CNT-VS-QM-SA API Terms of Use 09NOV2020-V01 2 ©RecTrac, LLC All rights reserved. CNT-VS-QM-SA API Terms of Use 09NOV2020-V01 (1) Last Revision: 11/30/2020 manner that impacts the stability of VS’s servers or impacts the behavior of other applications using the VS APIs; (c) engage in any activity that compromises, breaks or circumvents any of our technical processes or security measures associated with the VS APIs, the Software or our Sites, or that poses a security vulnerability to any other Patron; (d) request or publish information impersonating an Patron or misrepresenting any Patron or other third party in requesting or publishing information; (e) create or disclose metrics about, or perform any statistical analysis of the VS APIs; (f) display VS’s Marks or Patron Data in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and VS, other than your permitted use of the VS APIs; (g) display Patron Data on any site that disparages VS or its products or services, or infringes any VS intellectual property or other rights; (h) copy, sell, rent, lease, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the VS APIs; (i) sell, rent, lease, share, transfer, assign, or sublicense any Patron Data or other information or data obtained through the VS APIs, directly or indirectly, to or with any third party, including any data broker, ad network, ad exchange or other advertising or monetization-related party; (j) use the Patron Data in any advertisements or for purposes of targeting advertisements (whether such advertisements appear in Your Application or elsewhere); (k) attempt to cloak or conceal your identify when requesting authorization to use the VS APIs; (l) use the VS API for any application that constitutes, promotes or is used primarily for the purpose of dealing in spyware or any other malicious programs or code, activities that violate any law or regulation, or any rights of any person including, but not limited to, intellectual property rights, and activities that, in VS’s sole judgment, are offensive or might harm VS’s business or its reputation; and (m) access the VS APIs or API Documentation in order to replicate or compete with the VS APIs, the Software, or our Sites . 6. USE LIMITATIONS. VS may limit the maximum Patron Data that may be accessed, the rate at which such Patron Data may be accessed, and/or the number of network calls that Your Application may make via the VS APIs . VS may change such usage limits at any time, and/or may utilize technical measures to prevent over-usage and/or stop usage of the VS APIs by an application after any usage limitations are exceeded. 7. FEES. VS reserves the right to charge you a fee per API call. Any fees associated with your access and/or us e of the VS APIs shall be provided to you in a separate API Fee Schedule. 8. TERMINATION. Your license to utilize the VS APIs and VS Marks shall continue until it is terminated by either party as set forth in this provision. You may terminate this license at any time by discontinuing use of the VS APIs . VS may suspend or terminate your right and license to use all or any of the VS APIs or the API Documentation at any time, with or without cause, and with or without notice to you. Upon termination of your license for any reason, you shall destroy and remove from all computers, hard drives, networks and other storage media all copies of Patron Data and VS Marks. 9. WARRANTY DISCLAIMERS. VS does not represent and warrant that any VS APIs are free of inaccuracies, errors, bugs or interruptions, or are reliable, accurate, complete or otherwise valid. THE VS APIs ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND AND VS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON- INFRINGEMENT. WE DO NOT WARRANT THAT THE VS APIs WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR USE OF THE VS APIs IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY VS APIs INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. 10. LIMITATION OF LIABILITY. VS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE VS APIs, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT VS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS API TOU (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED $100. 8.D.a Packet Pg. 133 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - CNT-VS-QM-SA API Terms of Use 09NOV2020-V01 3 ©RecTrac, LLC All rights reserved. CNT-VS-QM-SA API Terms of Use 09NOV2020-V01 (1) Last Revision: 11/30/2020 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 11. RELEASE AND WAIVER. To the maximum extent permitted by applicable law, you hereby release and waive all claims against VS, and its subsidiaries, affilia tes, parent company, officers, agents, licensors, co -branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the VS APIs, the Patron Data or the VS Marks. If you are a California resident, you waive your rights under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits that you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. 12. INDEMNIFICATION. To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless VS, and its subsidiaries, affiliates, parent company, officers, agents, attorneys, licensors, co-branders or other partners, and employees from any and all third party claims arising from or in any way related to your use of the VS APIs, including any liability or expense arising from all claims, losses, damages, liabilities, costs and fees (including reasonable attorneys’ fees) of every kind and nature . Notwithstanding anything contained in the preceding sentence, (a) we will always be free to choose our own counsel if we pay for the cost of such counsel; and (b) no settlement may be entered into by you, without our express written consent (such consent not to be unreasonably withheld), if (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions, (iii) the settlement does not include a full release of liability, or (iv) the settlement includes terms other than a full release of liability and the payment of money. 13. REMEDIES. You acknowledge that your breach of these API TOU may cause irreparable harm to VS, the extent of which would be difficult to ascertain . Accordingly, you agree that, in addition to any other remedies to which VS may be legally entitled, VS shall have the right to seek immediate injunctive relief in the event of a breach of these API TOU by you or any of your officers, employees, consultants or other agents . 14. PUBLICITY. You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public and private communications with our existing or potential developers and customers, subject to your standard trademark usage guidelines as provided to us from time to time. 15. PARTY RELATIONSHIP. You and VS are independent contractors and these API TOU does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties . You shall not have any authority to assume or create any obligation for or on behalf of VS, express or implied , and you shall not attempt to bind VS to any contract without its express consent. 16. DISPUTE RESOLUTION. Many concerns can be resolved by calling us at (877) 883-8757. If a dispute cannot be resolved informally, this provision explains how claims (whether by you against us, or by us against you) will be resolved. 16.1 Definition. “Claim” means any current or future claim, dispute or controversy relating in any way to the API TOU. Claim includes (i) initial claims, counterclaims, cross-claims and third-party claims; (ii) claims based upon contract, tort, fraud, statute, regulation, common law and equity; and (iii) claims by or against any third party using or providing any product, service or benefit in connection with our agreement, the Site or our Services. 16.2 Claim Notice. Prior to beginning a lawsuit, you and we agree to send a notice (a “Claim Notice”) to each party against whom a Claim is asserted. The Claim Notice will give you and us a chance to resolve our dispute informally or in mediation. The Claim Notice must describe the Claim and state the specific relief demanded. Notice to you may be sent to your current mailing address or email address on file. You must provide your name, address and phone 8.D.a Packet Pg. 134 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - CNT-VS-QM-SA API Terms of Use 09NOV2020-V01 4 ©RecTrac, LLC All rights reserved. CNT-VS-QM-SA API Terms of Use 09NOV2020-V01 (1) Last Revision: 11/30/2020 number in your Claim Notice. Your Claim Notice must be emailed to VS, LLC, Subject Line: API Claim Notice, legal@vermontsystems.com. 16.3 Mediation. In mediation, a neutral party helps parties resolve a Claim. The mediation does not decide the Claim but helps the parties reach agreement. Before beginning mediation, you or we must first send a Claim Notice. Within 30 days after sending or receiving a Claim Notice, you or we may submit the Claim for mediation. Mediation fees will be split equally, and the location for mediation shall be mutually decided between you and us. All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitations will be tolled until termination of the mediation. Either you or we may terminate the mediation at any time; the process is non- binding. The submission or failure to submit a Claim to mediation will not affect your or our rights to elect to litigate. 16.4 Exception. If a Claim has an aggregate value of $5,000 or less, or the Claim seeks injunctive relief, then either party may proceed directly to court and shall not be obligated to attend mediation as part of a dispute resolution process. 17. SEVERABILITY. If any provision of these API TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and ef fect. 18. GOVERNING LAW AND VENUE. These API TOU and the relationship between you and VS will be governed by the laws of the State of Vermont without regard to its conflict of law provisions. You and VS agree to submit to the personal jurisdiction of the courts located within the city of Burlington, Vermont. 19. NO WAIVER. VS’s failure to exercise or enforce any right or provision of these API TOU shall not constitute a waiver of such right or provision. 20. SURVIVAL. Sections 9, 10, 11, 12, 13, 16, 18 and 21 will survive the termination or expiration of these API TOU. 21. ENTIRE AGREEMENT. These API TOU, together with the VS Terms of Service and Privacy Policy, constitute the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any inconsistency between these API TOU and the VS Terms of Service and/or Privacy Policy, these API TOU shall control. 8.D.a Packet Pg. 135 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Vermont Systems Inc - RecTrac CotW Exhibit H Insurance Addendum 8.D.a Packet Pg. 136 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - INSURANCE ADDENDUM This Insurance Addendum (“Addendum”) between RecTrac, LLC d/b/a Vermont Systems (“VS” or “Contractor”) and The City of Kent, Washington (“Customer” or “City of Kent”) is intended to revise the Services Agreement, inclusive of all relevant attachments, schedules, exhibits or Addenda (collectively, “Agreement”) previously or simultaneously executed between the parties by adding to the Agreement the terms and conditions listed below: The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. 1.Scope of Insurance. Contractor shall obtain insurance of the types described below: (a)Commercial General Liability; (b)Professional Liability insurance appropriate to the Contractor’s profession; and (c)Cyber Liability insurance. 2.Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: (a)Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. (b)Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $2,000,000policy aggregate limit. (c)Cyber Liability insurance shall be written with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. 3.Other Insurance Provisions (a)The Contractor’s insurance coverage shall be primary insurance as respect the City of Kent. (b)The Contractor’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 Cityof Kent. 4.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 5.Verification of Coverage. Contractor shall furnish the City of Kent with original certificates and a copy of theamendatory endorsements. 6.Subcontractors. [Reserved]. 7.Miscellaneous. Except as expressly revised in this Addendum, the Agreement will remain in full force and effect. If there is any conflict of inconsistencies between this Addendum and the Agreement, this Addendum will control.VS’s acceptance may be evidenced by its fulfillment of the Agreement which this Addendum revises. EXHIBIT G 8.D.a Packet Pg. 137 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Vermont Systems Inc - RecTrac CotW Exhibit I Statement of Work 8.D.a Packet Pg. 138 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 12 Market Place, Essex Junction, VT 05452 | 877-883-8757 Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation 6/8/2021 DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 139 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 2 Copyright Information © 2021 by Vermont Systems This document is the property of Vermont Systems and is provided in conjunction with an agreement between the customer and Vermont Systems for Licensed Software or Software as a Service (SaaS). The document(s) and software referred to in this publication may not be copied, distributed, electronically transmitted, posted on the web or altered in any way without the express written consent of Vermont Systems. The information contained in this document is subject to change without notice. Vermont Systems 12 Market Place Essex Junction, VT 05452 www.vermontsystems.com DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 140 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 3 Contents I. Introduction................................................................................................................................................................. 4 II. Goals & Scope of Work............................................................................................................................................... 5 III. Commitment & Services ............................................................................................................................................ 6 IV. Statement of Work - Project Objectives ................................................................................................................... 9 V. Project Timeline - High Level Project Plan ............................................................................................................... 11 VI. Vermont Systems Project Team Resources ............................................................................................................ 13 VII. Period of Performance ........................................................................................................................................... 14 VIII. Implementation Escalation Process ...................................................................................................................... 15 IX. Project Expected Outcome ..................................................................................................................................... 16 X. Change Request Management ................................................................................................................................. 17 XI. Signatures ................................................................................................................................................................ 18 DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 141 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 4 I. Introduction The Statement of Work (SOW) covers the deliverables to implement Vermont Systems software applications; RecTrac, WebTrac, PayTrac, and hardware for the Parks and Recreation Department of the City of Kent, WA (the City/County). The goal of the project is a successful implementation of the RecTrac, WebTrac, and PayTrac recreation and parks software and hardware that are fully hosted by Vermont Systems for the City. Vermont Systems will coordinate with the City to establish a detailed project plan and outline to provide discovery, onsite training and support to ensure that the goal can be met on schedule. Upon contract signature, Vermont Systems will assign: one (1) Implementation Project Manager, one (1) Primary Installation Consultant to work with the City to prepare, plan, train, and support during implementation project. This project includes remote project planning "Discovery" time and onsite and remote training for RecTrac, WebTrac, PayTrac, and Hardware. Vermont Systems consultants/implementation specialists will perform all remote training & project discovery. All onsite training will be performed at Kent, WA facilities. All remote training and onsite training dates will be determined upon completion of signed contract and agreed upon by both parties. The total estimated cost of the project is $53,508.00, as stated in Vermont Systems Quote#QUO-05215-H8Q9T2. Minor adjustments to this amount will likely be processed as we only bill actual trave l expenses. Vermont Systems will bill Kent, WA based on the section 5.1 of Exhibit B of the contract. DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 142 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 5 II. Goals & Scope of Work The project goal is to install and configure and train lead users RecTrac, WebTrac, and PayTrac application for use by the City. A single, replicated database will be hosted by Vermont Systems on hosting servers at its’ Eastern/Western data center for use by all the City’s licensed system users with access to the internet. The project scope is inclusive to the City, with assets to include, but not limited to: • Administration Office/Recreation Business Office • Arts Center • Aquatics • Community Centers • League Operations • Fitness Center • Recreation Programs & Classes • Senior Activity Center This includes licensing for 25 concurrent RecTrac users (City staff) across the modules included in quote. Additional project goals and desired outcomes include: 1) To expand on existing software capabilities and make them available to all licensed Kent Parks & Recreation Department users. 2) To provide financial and inventory controls for all transactions processed. 3) To improve Kent Parks & Recreation Department operational efficiency and effectiveness. 4) Improve customer experience for the online, ecommerce (registration/booking/ticketing/ reservation) process. 5) Provide the Kent Parks & Recreation Department with comprehensive reporting and analysis capabilities. 6) Provide PCI-DSS & EMV compliant payment card gateway to a processor. Items not in project scope of work. Vermont Systems will not: A) Provide direct Database management/database build -creation. VS will guide the City Staff on database management and build-creation process. Although VS staff will not be entering the data, they will oversee the initial coding and data input to ensure it meets the business needs of the City. B) Install VIC hardware management tool on workstations. Vermont Systems support will assist IT with a VIC installation plan and provide instructions and plan a tech call on how to install. Vermont Systems will also support any installation issues if they arise if best practices are followed. DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 143 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 6 III. Commitment & Services This section outlines the tasks and responsibilities of the project stakeholders, defined as: 1) Vermont Systems 2) Kent Parks and Recreation, WA Vermont Systems Commitment: 1) Software Vermont Systems will provide the City with application software modules and integrated software and hardware options, as listed below (module capabilities are described in greater detail in Vermont Systems literature and on the Vermont Systems web site: https://www.vermontsystems.com/) RecTrac Application Software: Activity Registration Facility Reservations Pass Management - Membership Management Point-of-Sale Inventory Control/Tickets League Scheduling Incident Processing & Reporting Systems Administration Standard System Reports Total 25 Concurrent Users Custom Activity Registration Customer Brochure Interface Custom General Ledger Revenue Interface Vermont Systems LMS (Learning Management System) Content (RecTrac Lab) WebTrac Application Software: Activity Registration Facility Reservations Pass Management Point-of-Sale Inventory/Tickets League Scheduling Mobile WebTrac DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 144 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 7 WebTrac Workgroup Agents WebTrac Custom Style Sheet WebTrac Splash Page PayTrac - ERI Payment Card Interface ERI Credit Card Interface Vermont Systems Hosting Services RecTrac & WebTrac - Based on 25 RecTrac Users GOLD Level Hosting Service POS Hardware items, including items as listed in quote. (Referenced in Terms of Service Agreement) Progress Development Software & RDBMS Databas e (all applications) 2) Vermont Systems Services Vermont Systems will provide the following services in the project implementation: • Vermont Systems will provide implementation Project Planning, including an assigned Implementation Project Manager. Vermont Systems will provide access to our project management tool: Teamwork (a web-based application)- to manage the project. The City’s project stakeholders will have full access to this system to track progress. As we process your order, we will set up the tasks necessary to install the system and train your staff in the use of Teamwork. • Vermont Systems will provide initial implementation Discovery planning to include a review of the City’s business processes & database structure planning. • Software Hosting Services (reference SLA Hosting Service – Standard) Staff training for proposed applications: The typical approach is a "train the trainer" type session for City staff designated as "lead users". There is also access to the "RecTrac Lab" which is a Learning Management System (LMS) that users will have access to that include short quizzes at the end. The training will happen in the "Demo" database and should include realistic examples and data. Follow-up Q & A will happen with the Vermont Systems trainer to ensure issues and questions from training are addressed. An Implementation plan will be developed and agreed upon by both parties once the Services Agreement is signed. • RecTrac, WebTrac, PayTrac, and POS Hardware • Ongoing (post "Go Live") application premium support services (reference VS SLA Support & Terms of Service) • Vermont Systems Initial Data Import Vermont Systems provides for the import of the following data for the initial database setup: DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 145 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 8 1) Client Records (to include, but not limited to: Name, address, phone, email, age, grade, gender, comments). These are referenced as Household records in RecTrac and the import is called the Household Import Program. 2) Membership Data (to include ID card number, membership type and expiration information). • Data to be imported must be in "neutral" file format, such as CSV, XLS. Kent Parks and Recreation, WA Commitment: • Project Planning Resources assigned – Kent, WA Project Manager • Defined Application System Administrator(s) • Lead and primary application user(s) • Database Structure Planning and information (data) Including, but not limited to: - Financial accounts - Staff user profiles (with permissions) - Program data with fees - Facility data with fees - Membership data with fees - POS items, such as tickets, admissions, food, beverage etc. - League details - Contract and waiver forms - Website style and design requirements • Database admins to enter department data/information into system. • Financial Interface definitions - desired format and layout of revenue and refund interfaces. • Staff /location Internet Access - for all sites & staff that need access to system. • Training room/environment for database training and staff process training • Approve Vermont Systems POS Hardware Quotes for purchase • Establish Account with approved VS credit card gateway & acquire EMV devices. The City will assign a project lead (or team of leaders) to work intimately with the Vermont Systems team, including the Vermont Systems Primary Implementation Consultant. The City will schedule the appropriate staff for remote discovery and on-site & remote training sessions. Vermont Systems will work with key Kent personnel on training dates and times that are mutually agreeable. DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 146 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 9 IV. Statement of Work - Project Objectives The primary objective of this project is a successful implementation & use of the Vermont Systems software application for the City. Vermont Systems will coordinate with the City to establish goals and outline for the project with proper preparation and planning, and to provide quality onsite or remote training and support to ensure that the goal can be met on schedule. To ensure that success, there are key project milestones that Vermont Systems has outlined and are listed below: 1) Project Planning • Implementation Project Manager and Implementation Consultant(s) will hold multiple conference & planning calls with the City prior to onsite /remote trainings to discover the City’s business processes and procedures related to Vermont Systems software implementation process. The information mined during the discovery process will become the foundation of the Project plan for the project. • Vermont Systems will provide a project plan, in Teamwork Projects (project management software), to collaborate with the City’s project team. The project plan will be detailed with tasks and milestones for both responsible parties (Vermont Systems and Kent) to ensure project success. The Teamwork application can create an export of the project (excel file) that Vermont Systems can provide to the City on an interval (biweekly is recommended during implementation phase) 2) Project Implementation/Training The City will gather applicable materials and prepare staff before remote or onsite training. This includes outlines of specific City business processes and needs across all functional areas and departments. Detail is critical here, so that Vermont Systems and its implementation team can understand the scope and needs of the various business processes of the City. • Vermont Systems Consultants will train the City’s lead users and system administrators on the setup and management of the application database. The City’s lead users and administrators will learn the software, allowing them to enter data into system properly in the context of the Kent Parks and Recreation business processes. • Vermont Systems Consultants will train the City’s lead users and system administrators on the software daily processing, end of day and reporting procedures. The City’s lead users and administrators, with Vermont Systems Implementation team support and assistance, will then train the City’s staff on the use of the application. Vermont Systems is not always dialed in and engaged during these sessions but can be if Kent elects to use billable hours for this purpose . Follow-up online question and answer sessions with lead users and some end users is common. • Vermont Systems Consultants will support, train, and consult through the implementation period. 3) Project "Go Live" DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 147 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 10 • "Go Live" with RecTrac, WebTrac, PayTrac, and hardware. DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 148 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 11 V. Project Timeline - High Level Project Plan The project is defined as the implementation, training and use of Vermont Systems software applications for the City. The project is expected to take place over a 3-6 month-year period, starting in MONTH of 202X with a "Go Live" target date of MONTH 202X. The project timeline is based on a multi-phased approach, with four (4) primary phases included: Phase 1 - Planning & Discovery Phase 2 - Database Building & Training Phase 3 - Go Live Phase 4 - Ongoing System Use Each phase has specific requirements and details, relating to the overall project goals, including: Phase 1 - Planning & Discovery: Contract Negotiation: August 24, 2020 – Present Project Kick-off - Introduction Meeting – Remote: July 8, 2021 Project Discovery: July 12, 2021 – July 23, 2021 To include business process review, data analysis, database planning, information gathering, hardware overview/review and initial interface definition and discussion Discovery time - 8 hours of remote phone/online time Phase 2 - Database Building & Training Onsite Database Building - System Setup: August 2, 2021 – August 27, 2021 • Initial & ongoing database building - 1 Trips onsite/ remote (5 days) • There are two different environments. 1) Production 2) Demo The demo is auto populated from Production every Tuesday and Thursday mornings in the hosted environment. Testing and transactional training/reporting will happen primarily in the Demo environment. The data is City specific, so the production and demo are ONLY the cities data. End user Process Training September 1, 2021 – September 30, 2021 • Training staff on system processes – 1 Trips remote/onsite (5 days) Vermont Systems will provide workflow training and consulting during the onsite/remote training for each of the proposed application modules. This would include processes for creating accounts, registering, and transacting with patron accounts, possible updates and cancellations and end of day reporting and cash management processes/best practices. DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 149 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 12 Phase 3 - Go Live Ongoing End user process training: October 1, 2021 – October 29, 2021 • Final testing – the City is responsible for final system & hardware testing prior to "Go Live" date "Go Live" Date October, 2021 • Remaining time from Discovery or unused onsite time can be used for additional support during this process Phase 4 - Ongoing System Use RecTrac & WebTrac live operations: November 2021 and beyond • Day to day processing questions & assistance - Vermont Systems Support services • Additional City end-user training (if needed): - 0 hours of additional remote phone/online training included in pricing. Note: With the "Go Live," there will be ongoing follow up and support from Vermont Systems implementation team and support team after "Go Live." At a mutually agreed upon time frame, there will be a transition from the Vermont Systems implementation team as the primary provider of ongoing support to the Vermont Systems support team. DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 150 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 13 VI. Vermont Systems Project Team Resources Proposed Vermont Systems Project team will consist of the following staff: Planning & Implementation/Training Phase: Primary Implementation Consultant Name Name@vermontsystems.com Project Manager TBD Name@vermontsystems.com Implementation Manager Brian Hatch brianh@vermontsystems.com Ongoing Support Phase: Vermont Systems Support Team Team www.vermontsystems.com/support/ support@vermontsystems.com Director of Support Cullen Barber cullenb@vermontsystems.com Director of Services - Hosting Chris Tallman christ@vermontsystems.com Sales Related items: Sr. Sales Manager Josh Karson joshk@vermontsystems.com Director of Sales David Wirtz davew@vermontsystems.com DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 151 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 14 VII. Period of Performance All work must be scheduled to be completed within the agreed timeframe. The project timeframe has tentatively and initially been outlined with a start date of July 2021 (with the project Kickoff as the starting event) to a "Go Live" date of October 2021. In the initial discovery and planning conversations and final plan discussions, the City and Vermont Systems will agree upon dates. Once the final period of performance dates has been agreed upon, any extensions or modifications to the agreed timeframe will be considered a Project Change Request (PCR) and will be handled in the manner outlined in the Change Request Management section of this SOW. DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 152 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 15 VIII. Implementation Escalation Process During the Implementation project, if the City would like to escalate an issue with Vermont Systems, the list below will provide the appropriate route to follow. Role Name Email 1. Primary Implementation Consultant Name name@vermontsystems.com 2. Implementation Project Manager TBD name@vermontsystems.com 3. Implementation Manager Brian Hatch Brianh@vermontsystems.com 4. Director of Services Cullen Barber Cullenb@vermontsystems.com 5. President Scott Strong ScottS@vermontsystems.com DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 153 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 16 IX. Project Expected Outcome This section defines the success of the project for both stakeholders (Vermont Systems & Kent, WA). At the highest level, project success is the fulfillment of all the goals and objectives outlined in this Statement of Work. This would include: The installation and setup of the RecTrac database and WebTrac online system Kent Parks & Recreation staff trained and working in the application Hardware setup and functional across City locations Reporting and interfaces to Finance functional and working properly Patron online transactions with WebTrac DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 154 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 17 X. Change Request Management A "change request" is a written request to change the scope of this SOW. Project Change Requests (PCRs) submitted by the City or Vermont Systems shall be documented in writing and be referenced explicitly as a Project Change Request. The PCR must describe the change, the rationale for the change, and the effect it will have on the project. PCRs will go into effect only once mutually agreed to in writing by both parties. The City acknowledges that PCRs for requirements outside the scope of this SOW may be subject to additional fees and/or adjustment of the project schedule. DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 155 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Statement of Work, Kent Parks & Recreation, 3.1 Software Implementation RecTrac 3.1 ©2021 by Vermont Systems 18 XI. Signatures __________________________________________ _____________________ Brian Hatch, Implementation Manager Date Vermont Systems __________________________________________ _____________________ Name of City Lead/Administrator, Title Date Kent Parks and Recreation, WA 06/09/2021 DocuSign Envelope ID: 277057C9-C5E2-4EE4-B277-341050EA9E50 8.D.a Packet Pg. 156 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - Vermont Systems Inc - RecTrac CotW Exhibit J CoK Policy Acknowledgment & Sign Offs 8.D.a Packet Pg. 157 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 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: _________________________________________________________________________ 8.D.a Packet Pg. 158 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 8.D.a Packet Pg. 159 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - 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 that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ____________________________________________________________________________ For: ___________________________________________________________________________ Title: __________________________________________________________________________ Date: _________________________________________________________________________ 8.D.a Packet Pg. 160 Attachment: 2021-2026_Vermont Systems Inc-RecTrac Services, Including Exhibits (2748 : Software Licensing with Vermont Systems, Inc - DATE: July 6, 2021 TO: Kent City Council SUBJECT: South 218th Street/98th Avenue South from 94th Place South to South 216th Street – PSRC Grant Acceptance – Authorize MOTION: I move authorize the Mayor to accept federal funds in the amount of $4,915,680 for the South 218th Street/98th Avenue South from 94th Place South to South 216th Street Improvements and direct staff to establish a budget for the funds. SUMMARY: This project will widen South 218th Street/98th Avenue South from 94th Place South to South 216th Street to three lanes and includes paving, concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities, and channelization. This project will extend the recently completed improvements of phase II of the South 224th Street corridor up the hill by approximately 3000 feet. The City competed for grant funds for construction through the Puget Sound Regional Council BUDGET IMPACT: This adds $4,915,680 of federal grant funding to the construction budget for this project and the City’s match is estimated at $3,444,320, which will come from transportation impact fees, Local Improvement District #363 proceeds and B&O. 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. ATTACHMENTS: 1. 218th Award Letter (PDF) 8.E Packet Pg. 161 06/22/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/6/2021 7:00 PM 8.E Packet Pg. 162 June 3, 2021 The Honorable Dana Ralph City of Kent 220 4th Avenue South Kent, WA 98032 Dear Mayor Ralph, Congratulations! I’m pleased to let you know that the City of Kent is receiving $9,332,347 in PSRC funding for the following projects: PROJECT AWARD AMOUNT FUNDING DEADLINE Meet Me on Meeker Transit and Nonmotorized Intersection Improvements at W Meeker Street and 64th Avenue South $236,667 July 15, 2021 S 212th Preservation Grant (East Valley Highway - 72nd Ave S) $700,000 increase to 2021 award due July 15, 2021 76th Avenue South – North Segment $3,480,000 June 1, 2023 South 218th Street/98th Avenue South from 94th Place South to South 216th Street $4,915,680 June 1, 2024 Funding was approved by the Puget Sound Regional Council’s Executive Board in April and May. Supplemental Federal Highway Administration funds became available this year to award to projects on PSRC’s adopted contingency lists from the last major project competition. Addi- tionally, PSRC is directing funds to “ready to go” projects from the contingency lists to meet our “use it or lose it” regional project delivery target for 2021. Securing federal transportation funding for communities in the region is one of the key roles of the PSRC. Our project selection process is merit-based and helps identify the highest priority projects that will improve local and regional mobility and help achieve our long-range Regional Transportation Plan. As the region continues to work on maintaining and improving our transportation infrastructure, we are grateful for partners like you working to enhance mobility, support a resilient economy, and sustain a healthy environment and quality of life for people in the region. Thank you for your leadership and for the excellent work by your staff during a difficult year. I look forward to continuing to partner with you on efforts to help the region thrive now and into the future. Sincerely, Josh Brown Executive Director Puget Sound Regional Council cc: Chad Bieren, Interim Public Works Director 8.E.a Packet Pg. 163 Attachment: 218th Award Letter (2750 : South 218th Street/98th Avenue South from 94th Place South to) DATE: July 6, 2021 TO: Kent City Council SUBJECT: 76th Avenue South – North Segment Improvements – PSRC Grant Acceptance - Authorize MOTION: I move to authorize the Mayor to accept federal funds in the amount of $3,480,000 for the 76th Avenue South (North Segment) Improvements and direct staff to establish a budget for the funds. SUMMARY: This project will include construction of road and drainage improvements along 76th Avenue South from South 212th Street to 1,000 feet south of South 212th Street. The project includes raising the existing road to prevent flooding; a full width overlay, concrete curb, gutter, sidewalk, street lighting, storm drainage, and channelization. This section of roadway is in the lowest portion of the Mill Creek Sub-basin which floods during significant rain events multiple times per year. The project will raise the roadway by approximately 3 feet. This will elevate the entire segment above the FEMA 100-year flood elevation. Existing asphalt pavement will be replaced with concrete pavement. 76th Avenue South is a T-2 in the Freight and Goods Transportation System. The project is located just north of the recently completed 76th Avenue South Improvements (Middle Segment) project. The middle segment of 76th Avenue was awarded Transportation Improvement Board funding in 2019. In addition, the 76th Avenue South (South Segment) received a state allocation. The City competed for grant funds for construction through the Puget Sound Regional Council and was successful in receiving $3,480,000. BUDGET IMPACT: This adds $3,480,000 of federal grant funding to the construction budget for this project and the City will need to match $469,800 using B&O Funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. 8.F Packet Pg. 164 Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. 76th Award Letter (PDF) 06/22/21 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 7/6/2021 7:00 PM 8.F Packet Pg. 165 June 3, 2021 The Honorable Dana Ralph City of Kent 220 4th Avenue South Kent, WA 98032 Dear Mayor Ralph, Congratulations! I’m pleased to let you know that the City of Kent is receiving $9,332,347 in PSRC funding for the following projects: PROJECT AWARD AMOUNT FUNDING DEADLINE Meet Me on Meeker Transit and Nonmotorized Intersection Improvements at W Meeker Street and 64th Avenue South $236,667 July 15, 2021 S 212th Preservation Grant (East Valley Highway - 72nd Ave S) $700,000 increase to 2021 award due July 15, 2021 76th Avenue South – North Segment $3,480,000 June 1, 2023 South 218th Street/98th Avenue South from 94th Place South to South 216th Street $4,915,680 June 1, 2024 Funding was approved by the Puget Sound Regional Council’s Executive Board in April and May. Supplemental Federal Highway Administration funds became available this year to award to projects on PSRC’s adopted contingency lists from the last major project competition. Addi- tionally, PSRC is directing funds to “ready to go” projects from the contingency lists to meet our “use it or lose it” regional project delivery target for 2021. Securing federal transportation funding for communities in the region is one of the key roles of the PSRC. Our project selection process is merit-based and helps identify the highest priority projects that will improve local and regional mobility and help achieve our long-range Regional Transportation Plan. As the region continues to work on maintaining and improving our transportation infrastructure, we are grateful for partners like you working to enhance mobility, support a resilient economy, and sustain a healthy environment and quality of life for people in the region. Thank you for your leadership and for the excellent work by your staff during a difficult year. I look forward to continuing to partner with you on efforts to help the region thrive now and into the future. Sincerely, Josh Brown Executive Director Puget Sound Regional Council cc: Chad Bieren, Interim Public Works Director 8.F.a Packet Pg. 166 Attachment: 76th Award Letter (2751 : 76th Avenue South – North Segment Improvements – PSRC) DATE: July 6, 2021 TO: Kent City Council SUBJECT: Appointments to the Land Use and Planning Board - Confirm MOTION: I move to confirm the appointments of Sally McDonough and Michael Purewal to the Land Use and Planning Board for three year terms that will expire December 31, 2024. SUMMARY: Sally McDonough is a long-time Kent resident with a rich background in education and community service. Formerly a member of the Kent Parks Foundation, she has also held various positions at Mom's Day Out, the Eastside Romance Writers of America, the Lake Merdian Community Association, the Seattle Art Museum Volunteer Association, and the CO2 Foundation Board. Having raised her family in Kent, she is excited to continue giving back to the community in her new role on the Land Use and Planning Board. Michael Purewall is a contractor who has worked on projects in Kent including the Sound Transit Link Light Rail extension and brings a wealth of knowledge related to development, land use, regulations, and the environment. He is looking forward to being a liaison between his community and the City, to help educate his network on long-term plans for Kent while representing community interests and values through his role on the Land Use and Planning Board. Purewall brings a younger generation’s perspective to the Board, and will make a great addition with his experience and enthusiasm. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 8.G Packet Pg. 167 DATE: July 6, 2021 TO: Kent City Council SUBJECT: Accept the 2020 Sanitary Sewer Cured-in-Place Pipe Lining Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the 2020 Sanitary Sewer Cured-in-Place Pipe Lining Project as complete and release retainage to Insituform Technologies, LLC upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included approximately 5,500 lineal feet of cured-in-place pipe lining through existing 8, 10, 12, and 15-inch diameter sanitary sewer pipes at various locations around the city. The final contract total paid was $527,576.73 which is $24,055.67 under the original contract amount of $551,632.40. BUDGET IMPACT: This project was paid for using budgeted sanitary sewer funds. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 8.H Packet Pg. 168 DATE: July 6, 2021 TO: Kent City Council SUBJECT: Boards and Commissions Ordinance - Adopt MOTION: Adopt Ordinance No. 4406 that enacts a new chapter in the Kent City Code to establish general terms and conditions that apply to all appointive boards, committees, and commissions; amends existing chapters and adopts new chapters, all within Title 2 of the Kent City Code, that apply to specific appointive boards, committees, and commissions to remove duplicative provisions and allow for consistency; and provides for the retroactive application of term limits to prior terms served by members of all appointive boards, committees, and commissions, from the effective date of the ordinance. SUMMARY: Over the years, the Kent City Council has created a number of advisory boards and commissions to which representatives have been appointed by the Mayor and confirmed by the Kent City Council. Most of these boards and commissions have been created through ordinances that were codified into the Kent City Code, though others were created and have existed by operation of state law or through the adoption of other ordinances that were not codified. However formed, these appointive boards and commissions were often left to establish for themselves bylaws and rules of procedure that would govern their business. As an unintended consequence, this process resulted in inconsistent practices and procedures amongst the City’s boards and commissions. During its retreat in February of 2021, the Kent City Council discussed its desire to: (i) standardized practices and procedures amongst the City’s various appointive boards and commissions, (ii) revise recruitment strategies in an effort to ensure the City’s appointive boards and commissions reflect the diversity of the Kent community, (iii) balance exiting membership with new voices and fresh perspectives, (iv) recruit members who are interested, enthusiastic, and bring some relevant knowledge or experience to their service, and (v) provide greater notice to the larger Kent community about available opportunities to serve on an appointive board or commission. At its meetings on June 1, 2021; June 8, 2021; and June 22, 2021; the Kent City Council discussed this ordinance and the general terms and conditions that will apply to all appointive boards and commissions within the City. Through the provisions it adopts and codifies in Chapter 2.50 of the Kent City Code, the Kent 8.I Packet Pg. 169 City Council establishes provisions of appointment that will apply to each appointive commission created by the City Council, except as those general provisions may be amended by another provision provided for in Title 2 that is specific to a particular board or commission, or where otherwise in conflict with state law. Other provisions of Title 2 are also revised in this ordinance as necessary for consistency with the new general provisions adopted into Chapter 2.50. The provisions highlighted in yellow are changes that were made to the ordinance following discussion with Council at its open public meetings and represent specific direction given by Council. The ordinance presented to Council tonight includes a few provisions not previously discussed with Council. Those provisions are highlighted in teal and are as follows: · Recitals are now included in the ordinance that explain the motivation and background for the ordinance. (See pages 1 and 2 of the ordinance). · A new section K is now included in KCC 2.50.090 to include a provision that clarifies that a procedural error will not invalidate any action the commission may take at a meeting if no objection is timely made. There is a similar provision in your Council rules of procedures and the Law Department recommends it also be included in this ordinance. (See page 18 of the ordinance). · A slight revision was made to KCC 2.56.050 concerning the Cultural Communities Board. Currently, members to this board serve 1 year terms. This ordinance increases those terms to 2 years each and imposes a 3 term limit, for an intended maximum service of 6 consecutive years. However, the original language referred to a member’s number of terms and not to their number of consecutive service years. I was concerned that if the ordinance was adopted as I originally drafted it that it could have the unintended consequence of excluding current members who have served 3 consecutive terms of only 1 year each from being eligible to serve another term, which I did not believe was Council’s ultimate intent. Instead, I understood that Council wanted these members to have the same cap as other commission members - 6 total years. Therefore, in order to ensure current members who have served 1-year terms are treated the same as new members who will serve 2-year terms, I’ve clarified the language. (See page 31 of the ordinance). · In the effective date provision, language is included that follows Council direction that term limits apply retroactively to past terms served (highlighted in yellow). Clarification language was also added to confirm that all other provisions will apply prospectively, which confirms that the length of any existing term to which a member has been appointed will be unaffected by this ordinance (highlighted in teal). (See page 55 of the ordinance). BUDGET IMPACT: To be determined. 8.I Packet Pg. 170 SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Ordinance-Boards and Commissions (PDF) 8.I Packet Pg. 171 1 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 2 of the Kent City Code, entitled “Administration and Personnel” to: (1) adopt a new chapter 2.50 that establishes general terms and conditions that apply to all appointive boards, committees, and commissions within the city; (2) to amend existing chapters 2.51 through 2.62 that apply to specific appointive boards, committees, and commissions to remove duplicative provisions and allow for consistency with the new general terms and conditions chapter; (3) to add a new chapter 2.58 pertaining to appointments of community representatives to the Valley Independent Investigative Team; (4) to add a new chapter 2.63 pertaining to the public facilities district of the Kent Special Events Center and adopting into code provisions previously provided for in Ordinance No. 3852; and (5) to add a new chapter 2.64 pertaining to the election of board members to serve the Firefighters’ Relief and Pension Board. RECITALS A. Over the years, the Kent City Council has created a number of advisory boards and commissions to which representatives have been appointed by the Mayor and confirmed by the Kent City Council. Most of these boards and commissions have been created through ordinances that were codified into the Kent City Code, though others were created and have Commented [TWhite1]: Recital provisions added since presentations to Workshop and Committee of the Whole 8.I.a Packet Pg. 172 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 2 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees existed by operation of state law or through the adoption of other ordinances that were not codified. However formed, these appointive boards and commissions were often left to establish for themselves bylaws and rules of procedure that would govern their business. As an unintended consequence, this process resulted in inconsistent practices and procedures amongst the City’s boards and commissions. B. During its retreat in February of 2021, the Kent City Council discussed their desire to: (i) standardized practices and procedures amongst the City’s various appointive boards and commissions, (ii) revise recruitment strategies in an effort to ensure the City’s appointive boards and commissions reflect the diversity of the Kent community, (iii) balance exiting membership with new voices and fresh perspectives, (iv) recruit members who are interested, enthusiastic, and bring some relevant knowledge or experience to their service, and (v) provide greater notice to the larger Kent community about available opportunities to serve on an appointive board or commission. C. At its meetings on June 1, 2021; June 8, 2021; and June 22, 2021; the Kent City Council discussed this ordinance and the general terms and conditions that will apply to all appointive boards and commissions within the City. Through the provisions it adopts and codifies in Chapter 2.50 of the Kent City Code, the Kent City Council establishes provisions of appointment that will apply to each appointive commission created by the City Council, except as those general provisions may be amended by another provision provided for in Title 2 that is specific to a particular board or commission, or where otherwise in conflict with state law. Other provisions of Title 2 are also revised in this ordinance as necessary for consistency with the new general provisions adopted into Chapter 2.50 of the Kent City Code. 8.I.a Packet Pg. 173 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 3 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment – Title 2, New Chapter 2.50. Title 2 of the Kent City Code, entitled “Administration and Personnel,” is amended by adding a new Chapter 2.50, entitled “Appointive Boards, Commissions, and Committees,” as follows: CHAPTER 2.50 APPOINTIVE BOARDS, COMMISSIONS, AND COMMITTEES Sec. 2.50.010. Definitions. As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. A. “Appointive commission” means an agency, board, commission, or committee of the city whose members are appointed by the mayor and confirmed by the city council. B. “Member” means an individual appointed and confirmed to serve on an appointive commission. C. “Resident” means a person who resides within the corporate limits of the city. D. “Quorum” means the minimum number of members of an appointive commission required to be present for business to be transacted. A quorum shall consist of a majority of the then current membership of an appointive commission, unless otherwise provided by this chapter or state law. 8.I.a Packet Pg. 174 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 4 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.50.020. Applicability of chapter. The provisions of this chapter shall apply to each appointive commission created by the city council, except as may otherwise be provided for by another provision of Title 2 or where in conflict with state law. Should any provision of this chapter conflict with a provision of a chapter specific to a particular appointive commission, the provision specific to the particular appointive commission shall control. Sec. 2.50.030. Advisory capacity. Each appointive commission serves in an advisory capacity and may make recommendations for action to the mayor, city council, chief administrative officer, or city staff, as appropriate. However, appointive commissions shall have no independent authority to act unless such authority has been expressly delegated to them by the mayor or city council. Sec. 2.50.040. Actions. An action of an appointive commission done by motion at a regular or special meeting and approved by a majority vote of those present, when those present constitute a quorum, is deemed to be an action of the appointive commission. Sec. 2.50.050. Administrative Support. The amount of administrative support supplied to an appointive commission is determined by the mayor or designee; provided, that the mayor or designee shall at a minimum: (1) appoint to each appointive commission a city staff representative who shall serve as the secretary of that appointive commission for the purpose of giving public notice of meetings, recording meeting minutes, retaining commission records and providing them to the city clerk as requested, and providing those other duties provided for by this chapter; and (2) provide adequate space and facilities and necessary supplies to facilitate the official business of the appointive commission. 8.I.a Packet Pg. 175 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 5 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.50.060. Appointments. Members of an appointive commission are appointed by the mayor and confirmed by the city council. A. Qualifications. 1. Eligible appointees shall be persons of mature judgment and ability to analyze and consider matters within the purview of the relevant appointive commission. The mayor may appoint who, in the mayor’s sole discretion, is the most qualified for the position based on an appointee’s professional experience, education, or demonstrated knowledge of the issues and matters relevant to the appointive commission. 2. Unless otherwise provided for in this title, if an appointive commission includes a youth representative position, individuals eligible for appointment to that position are those who are 24 years of age or younger. If an interested and qualified youth representative is unavailable to fill any such position, the mayor may appoint a non-youth applicant to the available position. 3. Except as otherwise provided in this title, members of an appointive commission must reside or work within the city or be a student attending a school within the Kent School District. B. Process. 1. In obtaining an applicant pool from which to make mayoral appointments, the mayor will utilize a recruitment process that seeks to accomplish the following council goals: a. Produce a diverse applicant pool that reflects the diversity of the Kent community; b. Seek new voices and fresh perspectives to balance historical experience and knowledge; and 8.I.a Packet Pg. 176 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 6 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees c. Sufficiently inform the public of the available opportunity. 2. Notifications concerning available appointment opportunities will utilize some or all of the following: a. Posts on the city’s webpage; b. Posts on the city’s social media accounts; c. Published notices in a print or online newspapers, which may include non-English publications; d. Emails or posts to appropriate professional associations; e. Notifications to local diversity and equity inclusion offices, including educational and community-based organizations. C. Review and recommendation by council. Applications for mayoral appointments may be reviewed upon request by any member of the city council, who may also suggest the mayor review or consider an applicant for appointment. D. Retention of applications. If an applicant is not initially selected by the mayor for appointment at the time the applicant originally submitted their application, their application will be retained on file for at least one year and consulted again in the future as opportunities arise. Should a vacancy occur on any appointive commission, the mayor may consult retained applications, may conduct a new recruitment seeking interested applicants, and may select an appointee from either retained applications or new applications received. E. Staggered terms. In making an appointment, the Mayor may elect to appoint an applicant to an inaugural term that is shorter in length than the full term authorized under KCC 2.50.060.F. in order to ensure Commented [TWhite2]: Revision following Council discussion (6/1/2021 Workshop) 8.I.a Packet Pg. 177 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 7 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees representation on any appointive commission is appropriately balanced with experienced members and new members. F. Alternate member permissive. The mayor may appoint one or more alternates to any appointive commission. Like other appointees, an alternate is expected to attend all commission meetings and participate in discussion. Only through regular attendance may members and alternates fulfill their responsibilities to the commissions they represent. 1. Multiple Alternates. If more than one alternate serves on any appointive commission, the alternates shall be ranked according to their length of service as an alternate on the commission, with the alternate who has the greater length of service being given a higher rank in priority to the duties provided by this subsection. 2. Pro tempore Authority. An alternate will serve in a nonvoting capacity when all regular members are present at a meeting of the appointive commission. When a regular member of the appointive commission is absent from a meeting, the alternate will serve as a pro tempore voting member for that meeting and may vote on all matters before the appointive commission. In the event two or more alternates have the same length of service, the chair shall select one alternate from those eligible alternates to perform the pro tempore duties provided by this subsection at any meeting of an appointive commission. 3. Promotion to Member Position. Should a position as a regular member on the appointive commission become available during the alternate’s term, the alternate will assume that position as a regular member without any further council confirmation required. In the event two or more alternates have the same length of service, the mayor shall select one alternate from those eligible alternates to promote to the available member position. In the event the alternate the mayor identified for Commented [TWhite3]: Revision following Council discussion (6/1/2021 Workshop) 8.I.a Packet Pg. 178 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 8 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees promotion declines to assume the member position, the member position shall be filled by another eligible alternate who has not declined to serve; provided, that in the event of a continued tie in length of service between eligible alternates who have not declined to serve, the alternate entitled to promotion shall be selected by the mayor. G. Terms of office. The term of office for members appointed to an appointive commission shall be three years, except as provided below. 1. Members of an appointive commission may only serve up to two consecutive terms, except for those members appointed to an inaugural term that is less than three years in length. If a member was appointed to an inaugural term that was less than three years in length, then that member shall be permitted to serve two consecutive three-year terms after the inaugural term expires. 2. A person who is ineligible to serve for having served two or more consecutive terms may again serve: a. After two years have elapsed from the expiration of their last term; or b. After no other qualified applicant applied for the available position and the mayor requests the member continue serving on the appointive commission. 3. When a vacancy occurs on an appointive commission for which an alternate has been appointed, the alternate will assume the vacant position as a regular member without any further council confirmation required. If the alternate becomes a regular member of the appointive commission, the alternate member’s three-year term will begin anew upon appointment as a regular member. The mayor may then appoint a new alternate member consistent with the process that applies to original appointments as provided for in this chapter. 8.I.a Packet Pg. 179 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 9 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 4. If a vacancy occurs on an appointive commission for which there is no person serving in an alternate position, the mayor may appoint a new member to fill the remainder of the vacant position’s unexpired term. In such event, the mayor’s appointment shall be made consistent with original appointments as provided for in this chapter. 5. The term limits provided for in this section shall not apply to any alternate member position., or to regular members serving on the disability board, the land use and planning board, the civil service commission, the special events public facilities district, or the firefighters’ relief and pension board. 6. This section shall in no way serve to limit the number of terms a sitting councilmember may serve on an appointive commission. Sec. 2.50.070. Compensation. Members of an appointive commission shall serve without compensation. Sec. 2.50.080. Conflicts of Interest. If a member of an appointive commission concludes that they have a conflict of interest or an appearance of fairness problem with respect to a matter pending before the appointive commission so that they cannot discharge their duties on such an appointive commission, they shall disqualify themselves from participating in the deliberations and the decision-making process with respect to the matter. Sec. 2.50.090. Organization and meetings. A. Election of officers. Each appointive commission shall elect from among its members a chair, who shall preside at all meetings, and a vice chair, who shall preside in the absence of the chair. The chair and vice chair shall be elected annually. The secretary of each appointive commission shall be the city administrative support personnel appointed under KCC 2.50.050. Commented [TWhite4]: Revision following Council discussion (6/8/2021 Committee of the Whole). 8.I.a Packet Pg. 180 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 10 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 1. The chair shall perform the following duties: a. Set the appointive commission’s agenda, in coordination with the vice chair, the secretary, and the city department liaison if different from the secretary; b. Preside over all meetings of the appointive commission, preserve order and decorum, decide all questions of order and conduct the meeting’s proceedings using the rules contained in Robert’s Rules of Order where applicable, with the chair having the ultimate decision of how the meeting will be conducted; c. Call special meetings and cancel regular meetings for cause, including lack of a quorum, in coordination with the vice-chair, secretary, and the city department liaison as may be appropriate; d. Act as the appointive commission’s liaison with the council, the mayor, and city staff on policy issues; e. Nominate or appoint members of the appointive commission to any subcommittee the appointive commission may form; f. Serve as the appointive commission’s focal point for council, mayor, and staff and as principal spokesperson for the appointive commission; g. Oversee the distribution of the appointive commission’s agenda and materials during the commission’s meetings; h. Make any necessary public appearances on behalf of the appointive commission at meetings of the city council, mayor, and any other bodies requiring representation of the appointive commission; and i. Facilitate the annual officer election process. j. Appoint a chair pro tempore when both the chair and vice chair are absent, who shall have the same authority and duties as the chair. 8.I.a Packet Pg. 181 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 11 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 2. The vice chair shall perform the following duties: a. Act as chair and assume the authority to perform the chair’s duties whenever there is a vacancy in the office of the chair, the chair is absent from the appointive commission, or the chair is unable for any reason to discharge the chair’s duties. b. Assist the chair as requested; c. Attend, participate, and assist the chair in agenda planning sessions; d. Assume the office of chair and serve the remainder of any unexpired term if the chair vacates office prior to completing their term, and in that event, facilitate the election process at the appointive commission’s next regular meeting of a new vice chair to similarly assume office for the remainder of any unexpired term. 3. If the chair was not able to appoint a chair pro tempore or the chair and vice chair are otherwise absent or unavailable, the longest serving member of the appointive commission, either by consecutive or non- consecutive terms, shall be deemed the acting chair pro tempore. If two or more members qualify to be acting chair pro tempore, then the secretary shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible members, and the member whose name is selected shall serve as the acting chair pro tempore. 4. The secretary of the appointive commission will be the staff member appointed under KCC 2.50.050 to assist the appointive commission. The secretary is not a member of the appointive commission and shall have no voting rights. The secretary shall perform the following duties: a. Attend all meetings of the appointive commission and keep the commission’s minutes, including those of any meetings of any subcommittees the appointive commission may form, which minutes will be 8.I.a Packet Pg. 182 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 12 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees reviewed and adopted by the appointive commission at a subsequent meeting; b. Reproduce, distribute, and file with the city clerk for retention a copy of all minutes of the appointive commission’s meetings; c. See that all notices of appointive commission meetings are given as may be required by the Open Public Meetings Act, Ch. 42.30 RCW, and this chapter. d. Serve as custodian of the appointive commission’s records and remain responsible for retaining those records as required by state retention schedules and producing those records as required under the state Public Records Act, Ch. 42.56 RCW; e. Maintain a list of the names, addresses, and contact information for each member of the appointive commission; and provide that list to the city clerk; f. Perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to them by the chair or vice chair. B. Equal votes. Each member shall have an equal vote in decisions of the appointive commission, except for any alternate, who will serve in a nonvoting capacity. C. Duties and responsibilities. Each appointive commission is advisory in nature and shall make reports and recommendations as may be requested to the mayor, city council, and city staff. D. Bylaws. Each appointive commission may adopt bylaws, rules, and regulations as necessary for the election of the chair and vice chair, the conduct of business before an appointive commission, or to supplement the 8.I.a Packet Pg. 183 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 13 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees provisions provided for in KCC 2.50.090. Commission bylaws, rules, and regulations may not alter the provisions of this chapter. E. Meetings. 1. Schedule and location. Each appointive commission shall set a regular meeting schedule, including time, place, and frequency of meetings as necessary, and the secretary of the commission shall provide this information to the city clerk. 2. Open meetings and notice. Although not required for advisory commissions, all meetings of each appointive commission will be open to the public. In giving notice of meetings, the commission secretary may elect to follow the notice guidelines provided for in the Open Public Meetings Act, Ch. 42.30 RCW, as amended, even if the Open Public Meetings Act does not apply to matters before the appointive commission for action at such meetings. Unless notice to the contrary is given by an appointive commission, all meetings shall occur at city hall, located at 220 Fourth Avenue South. 3. Remote attendance or remote meetings. In the event of an emergency, Aa member may attend a commission meeting remotely by telephone or videoconferencing, as technology in the particular meeting location may accommodate. For purposes of this subsection, an emergency is defined as a serious situation or a condition of urgent need that occurs unexpectedly and is unforeseen or unavoidable. A member’s remote attendance is permitted for the benefit of conducting City business and not for the personal benefit of a member and may be limited by the City’s available equipment and technical support. a. Members may attend remotely a maximum of three meetings per calendar year; provided, the commission may by majority vote Commented [TWhite5]: Revision following Council discussion (6/8/2021 Committee of the Whole) 8.I.a Packet Pg. 184 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 14 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees allow a member to attend additional meetings remotely in excess of three per year due to medical or other factors beyond the control of the member. ab. In the event of an emergency and a desire to attend a commission meeting remotely, the Mmembers who wish to attend a meeting remotely shall notify the chair and the secretary as soon as possible at least three business days in advance of their desire to attend a commission meeting remotely. The chair shall consult with the city department liaison, and together they will determine whether to grant a member’s request to attend a meeting remotely due to the occurrence of an emergency. bc. Any A member’s remote attendance authorized due to the occurrence of an emergency shall be verbally noted on the record during the meeting and in the official minutes of the meeting. d. No more than two members may remotely attend the same meeting; provided a member not attending due to medical issues will not count as one of the two members described in this section. The availability of attending a particular meeting remotely shall be on a first come, first served basis. ce. A member authorized to attending a commission meeting remotely shall have all of the official materials available during the meeting, shall be able to hear the meeting in real time, and shall be able to be heard by others during the meeting in real time as if physically in attendance at the meeting. A member who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. df. It shall be the responsibility of the remotely-attending 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 member fails to attend the meeting remotely, the member will be deemed to have not attended the meeting. Commented [TWhite6]: Revision following Council discussion (6/8/2021 Committee of the Whole) 8.I.a Packet Pg. 185 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 15 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees eg. 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 commission 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, and in doing so, may follow the guidelines provided for by the Open Public Meetings Act, as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. F. Minutes. Each appointive commission shall adopt procedures to ensure minutes of each meeting are recorded and retained with the city clerk as required by state records retention schedules. G. Conduct of members. All members serving on an appointive commission 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 Chair. In addition, the following shall control member’s conduct during any meeting of an appointive commission: 1. The chair will call the meeting to order and manage the meeting agenda and time to allow for appropriate discussion and action, where appropriate. 2. Members are to keep the meeting organized by speaking only when recognized by the chair and granted the floor. To seek recognition, members are to raise their hands and wait to be addressed by the chair. In lieu of hand raising, voting/name cards may be used to indicate votes or requests to speak. 8.I.a Packet Pg. 186 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 16 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 3. Members are to refrain from interrupting another person who has the floor or from having any sidebar conversation. 4. Members are to treat others with respect, courtesy, and in a fair and unbiased manner. Members shall refrain from any conduct or speech that is abusive, bullying, discriminatory, or derogatory. 5. Members should be open and honest about their actions and decisions, and be respectful of others whose opinions may differ. 6. Repeated violations may result in a member’s removal from the appointive commission in accordance with KCC 2.50.130. H. Public comment. While the public may attend meetings of an appointive commission, the meetings are those of the commission itself and the public has no general right to address the appointive commission or its members. 1. Meetings of an appointive commission are not an open public forum, and they are subject to restrictions imposed by the chair of the appointive commission, any bylaws or rules the appointive commission may have adopted, and the law. 2. The chair of an appointive commission has the discretion to authorize the public to address the commission, if the chair so desires. If permission to speak is granted to a member of the public, either directly or through an agenda item, the following provisions shall apply: a. Prior to addressing the appointive commission, each speaker shall sign in and state his or her name and city of residence for the record. b. Remarks will be limited to the time allocated by the chair for each speaker, usually three (3) minutes per speaker. 8.I.a Packet Pg. 187 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 17 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees c. All remarks shall be pertinent to matters considered by the appointive commission, and speakers shall address the chair and the appointive commission as a whole and not any member individually. I. Public Demeanor. No one shall use any impertinent, degrading, or slanderous language directed to the chair, appointive commission members, 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, direct or implied threats of violence, etc. After receiving verbal notice from the chair, the chair may direct that a speaker return to their seat or may remove any person for disruptive behavior at an appointive commission meeting. J. Voting. Discussion by the appointive commission shall relate to the subject matter at hand and shall be relevant and pertinent. When action of the appointive commission is required, the following provisions shall apply: 1. The chair will request a motion for a vote. 2. Each member of an appointive commission shall be entitled to one vote, including the chair. 3. Motions shall be made, seconded, and voted upon. 4. The chair is authorized to establish all reasonable and necessary procedures to permit the casting of votes by members of the appointive commission. 5. Every member, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excluded by the appointive commission, shall cast his or her vote upon any matter put to vote by the commission. 8.I.a Packet Pg. 188 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 18 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 6. Unless otherwise directed by the chair, all votes shall be by voice or a show of hands. No votes shall be made by proxy. 7. Any member of the appointive commission who abstains from voting, or who otherwise remains silent during a vote or enters a blank ballot, will be deemed to have not casted a vote on that item. An abstention will not count as a vote, either in favor of, or in opposition to, any motion. 8. Action by the appointive commission requires only the affirmative vote of a majority of the votes cast, except where otherwise required by this chapter, any appointive commission bylaws, or state law. 9. At the request of the chair or of any member of an appointive commission, a motion may be noted upon by a roll call and the individual voting results shall be recorded by the secretary in the minutes. Action of the appointive commission may be shared with the city council, the mayor, or city staff. K. Procedural deviations and suspension of rules. If an appointive commission fails to conform to the procedural provisions of this chapter or to Robert’s Rules of Order, and that failure is not timely objected to by a member before action occurs, once action is taken by the appointive commission, that action stands and shall be deemed automatically ratified by the appointive commission. No procedural error shall render any action by the appointive commission invalid, nor shall the provisions of this chapter be deemed to provide any resident rights they did not already have by operation of law. Sec. 2.50.100. Minutes. Minutes are to be taken of each appointive commission meeting by the administrative support personnel appointed under KCC 2.50.040, who shall distribute copies to each commission member and the city clerk. Commented [TWhite7]: This section was added to clarify that a procedural error will not render any commission action invalid, much like Council has done within its rules or procedure. 8.I.a Packet Pg. 189 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 19 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.50.110. Political affiliations and use of public facilities for political purposes. Members of appointive commissions are selected without respect to political affiliations. While members are free to discuss actions of council, the mayor, and city administration at their meetings, they shall not use any public facilities or public resources in support or opposition to any campaign for any ballot proposition or the election of any person to any office. Additionally, appointive commissions shall not use any public facilities or public resources to express a collective decision of the commission to support or oppose any ballot proposition. Commissioners may engage in political activities on their own time, if no public equipment, facilities, or resources are used. Sec. 2.50.120. Quorum. A majority of the then-current membership of an appointive commission shall constitute a quorum for the transaction of business. A majority of the votes cast shall be necessary to carry any motion. However, if there is no quorum at the opening of a meeting, the chair may rearrange the agenda to allow voting items to occur later in the meeting, or a majority of those members present may move to adjourn or recess the meeting, or authorize measures to be taken to obtain a quorum. Sec. 2.50.130. Removal from office. The mayor may remove a member of an appointive commission in any of the circumstances listed below, except removals from the lodging tax advisory board and the public facilities district of the Kent special events center that are to be made by the city council. A. A member ceases to have the qualifications required for the position as determined by state law or Title 2 of the Kent City Code. 8.I.a Packet Pg. 190 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 20 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees B. A member acts in a manner that would result in inefficiency, neglect of duty, misfeasance or malfeasance in office, including without limitation: 1. Intentionally disrupting commission proceedings, including willfully bringing to the table or placing on the agenda a subject beyond the scope of authority of the appointive commission as defined in this title, and deliberately refusing to abide by the rules of procedure adopted by the appointive commission. 2. Using their position to secure special privileges or exemptions for themselves, friends, or family members. 3. Directly or indirectly giving or receiving or agreeing to receive compensation, gifts, rewards, or gratuities from any source, except the City of Kent, for a matter connected with or related to the services as a member of the appointive commission. 4. Disclosing confidential information gained by reason of the member’s membership on the appointive commission or otherwise using such information for the member’s personal gain or benefit. C. Upon the joint recommendation of the appointive commission’s chair and the director of the city department who supports the commission. Any decision to remove a member of an appointive commission shall be final, and there shall be no appeal. Sec. 2.50.140. Reports. An appointive commission may make a full report in writing to the chief administrative officer of its transactions and expenditures, if any, for the preceding year and such general recommendations as to matters covered by its prescribed duties and authority as may seem proper. 8.I.a Packet Pg. 191 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 21 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.50.150. Vacancies. Membership vacancies in an appointive commission, otherwise than through expiration of term, shall be filled in accordance with KCC 2.50.060.G. SECTION 2. – Amendment – Title 2, Revise Chapter 2.51 Re: Civil Service Commission (Police). Chapter 2.51 of the Kent City Code, entitled “Civil Service Commission of the Police Department”, is hereby amended as follows: CHAPTER 2.51 CIVIL SERVICE COMMISSION OF THE POLICE DEPARTMENT Sec. 2.51.010. Creation – Composition – Duties. The civil service commission for all full-time law enforcement, police officer, and civilian (nonlaw enforcement and nonpolice officer) employees of the police department, created pursuant to Chapter 41.12 RCW, shall be composed of three (3) members who shall be appointed by the mayor in accordance with the provisions provided for in Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the civil service commission as provided for by RCW 41.12.030. The following qualifications apply to members of the civil service commission: 1. Members must be citizens of the United States; 2. Members must be residents of the City of Kent for at least three (3) years immediately preceding such appointment; 3. Members must be electors of King County; 4. Members shall serve 6 year terms; and 5. At the time of any appointment, not more than two members shall be adherents of the same political party. 8.I.a Packet Pg. 192 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 22 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees The members of the civil service commission shall hold office as provided in, and shall have and exercise all powers and duties prescribed by Chapter 41.12 RCW. SECTION 3. – Repealer - Title 2, Chapter 2.52 Re: Civil Service Commission (Fire). Chapter 2.52 of the Kent City Code, entitled “Civil Service Commission of the Fire Department,” is hereby repealed in its entirety. SECTION 4. – Amendment – Title 2, Chapter 2.53 Re: Human Services Commission. Chapter 2.53 of the Kent City Code, entitled “Human Services Commission”, is hereby amended as follows: CHAPTER 2.53 HUMAN SERVICES COMMISSION Sec. 2.53.010030. Created. The city human services commission is hereby created. The commission shall serve in an advisory capacity to the mayor and city council, and is subject to the general commission provisions provided for under Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the Human Services Commission. Sec. 2.53.020040. Membership, terms, residence requirements. A. Number of members. The membership of the human services commission shall be 10 members, in addition to a council representative appointed by the council president and, to the extent reasonably practicable, a youth representative as provided for in KCC 2.53.060.A.2.and an optional alternate. Members are to be appointed by the mayor and confirmed by the 8.I.a Packet Pg. 193 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 23 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees city council, with the exception of the council representative, who shall be appointed to the commission by the council president. Each member of the commission shall have an equal vote in decisions of the commission, except for the alternate, tThe youth representative, and the appointed council representative, all of whom shall serve in nonvoting capacities. B. Alternate member. An alternate may be appointed to the commission by the mayor and confirmed by the city council. Once appointed and confirmed, the alternate will serve in a nonvoting capacity when all regular members are present at a meeting of the human services commission. When a regular member of the human services commission is absent from a meeting, the alternate will serve as a pro tempore voting member for that meeting and may vote on all matters before the commission. Should a position as a regular member on the human services commission become available during the alternate’s term, the alternate will assume that position as a regular member without any further council confirmation required. C.B. Terms of appointment. With respect to the members appointed and confirmed to serve on the commission, the following provisions shall apply: 1. At least four commissioners shall reside within the corporate limits of the city. 2. Appointments shall reflect a balance of interests and should be equally proportionate and contain no more than two representatives, to the extent practicable, from each of the following communities, entities, or interest groups: business, educational, spiritual, charitable, civic, past or present receivers of human services, and providers of human services. 2.3. The commission shall include at least one youth representative, to the extent reasonably practicable, of high school age and one council member representative. 8.I.a Packet Pg. 194 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 24 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 3.4. All members appointed shall serve fourthree-year terms, with the following exceptions: a. The youth representative(s) shall be appointed to at least a one-year term, but may be appointed to as much as a three-year term; and b. The council representative shall be appointed to a one- year term. c. If an alternate becomes a regular member of the human services commission, the individual’s three-year term will begin anew upon appointment as a regular member. d. When a vacancy occurs during a commissioner’s current term, the alternate will assume that position as a regular member without any further council confirmation required. The mayor shall then appoint, subject to council confirmation, a new alternate commissioner. Sec. 2.53.050.Organization and meetings.The human services commission shall elect a chairperson and chair-elect from among its voting members. At the end of the current chairperson’s term, the chair-elect will become the chairperson, and the commission will then elect from its members a new chair-elect. At the end of each year, the then chair-elect will assume the chairperson role and a new chair-elect would be elected. These officers shall hold office for one (1) year. The mayor shall appoint appropriate staff to assist the commission in the preparation of those reports and records as are necessary for the proper operation of the commission. The commission shall meet upon call of the chairperson, as necessary. Sec. 2.53.030060. Responsibilities. The human services commission shall make reports and recommendations to the mayor and city council concerning human services issues including: 8.I.a Packet Pg. 195 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 25 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 1. Development and assessment of human services needs in the city. 2. Determination of priorities of human services needs within the city. 3. Evaluation and recommendation on funding requests submitted to the city. 4. Evaluation and review of the performance of individual human services organizations and agencies. 5. Review of city actions which may affect the availability and quality of human services provision in the city. 6. Coordination with other groups and human services planning agencies and organizations. SECTION 5. – Amendment – Title 2, Chapter 2.54 Re: Lodging Tax Advisory Committee. Chapter 2.54 of the Kent City Code, entitled “Lodging Tax Advisory Committee”, is hereby amended as follows: CHAPTER 2.54 LODGING TAX ADVISORY COMMITTEE Sec. 2.54.010. Created. There is hereby created the lodging tax advisory committee. The committee shall serve in an advisory capacity to the mayor and city council, and is subject to the general commission provisions provided for under Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the lodging tax advisory committee. Sec. 2.54.020. Membership. The lodging tax advisory committee shall consist of nine members as follows: 8.I.a Packet Pg. 196 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 26 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees A. Four members appointed by the city council who are representatives of businesses required to collect tax under Chapter 67.28 RCW; B. Four members appointed by the city council who are persons involved in activities authorized to be funded by revenue received under Chapter 67.28 RCW; and C. The council president shall appoint a member of the council to serve as a member of and to chair the lodging tax advisory committee. D. Pursuant to RCW 67.28.1817(1), as amended, the city council shall review the membership of the lodging tax advisory committee at least once annually, and shall make changes as appropriate. Although appointments to the lodging tax advisory committee are made by the city council and not the mayor, council appointments shall be made following completion of a recruitment process consistent with KCC 2.50.060. In addition, Oorganizations representing businesses required to collect tax under Chapter 67.28 RCW, and organizations involved in activities authorized to be funded by revenue received under said tax, as well as local agencies involved in tourism and promotion, may submit recommendations for membership on the committee. Sec. 2.54.030. Terms. A. All members appointed pursuant to KCC 2.54.020 shall serve three- year terms. All current members of the committee as of December 30, 2015, shall continue to retain their staggered three-year terms, as shall their successor appointees, pursuant to Ordinance No. 3417. The two additional members appointed by the city council, as authorized by Ordinance No. 4176, shall serve three-year terms each. Organizations representing 8.I.a Packet Pg. 197 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 27 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees businesses required to collect tax under Chapter 67.28 RCW and organizations involved in activities authorized to be funded by revenue received under said tax as well as local agencies involved in tourism and promotion may submit recommendations for membership on the committee. B. Pursuant to RCW 67.28.1817(1), as amended, the city council shall review the membership of the lodging tax advisory committee at least once annually, and shall make changes as appropriate. Sec. 2.54.030040. Responsibilities. The lodging tax advisory committee shall make reports and recommendations to the mayor and city council as follows: A. The committee shall consider proposals for imposition of a city lodging tax under Chapter 67.28 RCW. B. If such tax is adopted, the committee shall review any increases in the rate of tax imposed, repeal of any exemption from a tax imposed, or a change in the use of revenue received under Chapter 67.28 RCW. The committee shall consider any such proposal, provide for public input, and submit comments in a timely manner to the mayor and city council. The comments shall include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-term stability of the fund created under RCW 67.28.1815. 8.I.a Packet Pg. 198 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 28 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees SECTION 6. – Amendment – Title 2, Chapter 2.55 Re: Disability Board. Chapter 2.55 of the Kent City Code, entitled “Disability Board”, is hereby amended as follows: CHAPTER 2.55 DISABILITY BOARD Sec. 2.55.010. Creation. There is created a disability board having jurisdiction over police officers and firefighters as provided for in RCW 41.26.110 et seq., which is subject to the general commission provisions provided for under Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the disability board. Sec. 2.55.020. Membership. The disability board shall consist of the following members: 1. Two (2) members of the city council to be appointed by the mayor; 2. One (1) firefighter employed by the city or retired from the city to be elected by the firefighters employed by the city or retired from the city who are subject to the jurisdiction of the board; 3. One (1) law enforcement officer employed by the city or retired from the city to be elected by the law enforcement officers employed by the city or retired from the city who are subject to the jurisdiction of the board; 4. One (1) member from the public at large who resides within the city to be appointed by the other four (4) duly appointed and elected members heretofore designated. Sec. 2.55.030. Terms of office. All members appointed or elected pursuant to KCC 2.55.020 shall serve a two (2) year term. No term limits shall apply to a member’s appointment. Commented [TWhite8]: Revision following Council discussion (6/8/2021 Committee of the Whole) 8.I.a Packet Pg. 199 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 29 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.55.040. Compensation. The members of the disability board shall receive no compensation for their services upon the board, but shall be reimbursed for all expenses incidental to such service in the manner and amount provided for employees of the city. Sec. 2.55.050. Organization – Rules and regulations – Meetings. The disability board shall elect from its membership a chairperson who shall serve a one (1) year term. The chairperson shall be entitled to succeed himself in office unless the chairperson is not reappointed or reelected to a new term. The disability board shall adopt operating rules and procedures and shall meet at such time and place as such rules and regulations shall provide. Sec. 2.55.050060. Functions. The disability board shall perform all functions, exercise all powers and make such determinations as may be specified under RCW 41.26.005 et seq. Sec. 2.55.060. Remote Attendance. In addition to the reason(s) authorized under KCC 2.50.090E.3., members of the disability board may attend meetings remotely if the following conditions are met: 1. At least one member must be physically present at the meeting at the noted location within the City Hall campus; 2. The physical meeting location must be open to attendance by the public; 3. The member’s remote attendance otherwise complies with the provisions of KCC 2.50.090.E.3., other than the need for an emergency to exist. Commented [TWhite9]: Revision following Council discussion (6/22/2021 Committee of the Whole) 8.I.a Packet Pg. 200 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 30 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees SECTION 7. – Amendment – Title 2, Chapter 2.56 Re: Cultural Communities Board. Chapter 2.56 of the Kent City Code, entitled “Cultural Communities Board”, is hereby amended as follows: CHAPTER 2.56 CULTURAL COMMUNITIES BOARD Sec. 2.56.010. Establishment of board. There is hereby established a cultural communities board, which shall serve in an advisory capacity to the mayor and city council of the city of Kent, subject to the general provisions applicable to boards and commissions as provided for under Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the cultural communities board. Sec. 2.56.020. Purpose. The cultural communities board will provide input to the mayor and city council on policy and process that seek to promote and facilitate civic engagement, integration, and access to city services by all cultural communities within the city of Kent. Sec. 2.56.030. Responsibilities. The board shall have the following responsibilities: A. To advise on issues and serve as a resource relating to the social and civic participation of Kent’s multicultural communities to promote civic involvement. B. To advise on policies for effective integration of new residents from Kent’s multicultural communities. C. To advise on strategies for culturally responsive communication, services, and outreach to Kent’s diverse communities. 8.I.a Packet Pg. 201 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 31 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees D. To advise on strategies for promoting inclusiveness of Kent’s multicultural communities within all aspects of city government and the community. E. To serve as a liaison among community members, residents, businesses, and city government on issues that affect the city and its quality of life, including identifying needs, suggesting resources, and connecting cultural and ethnic communities to existing city resources. Sec. 2.56.040. Composition of the board. The board will consist of up to 18 members who shall be appointed by the mayor and confirmed by the city council, two of whom which will be youth representatives, to the extent reasonably practicable. Membership shall be Kent residents who are representative of the cultural and ethnic diversity of the Kent community. Board members shall serve as city volunteers without compensation. Each member of the board shall have an equal vote in recommendations from the board. Sec. 2.56.050. Terms of appointment. All members appointed to the board shall serve twoone-year terms. Members may only serve up to three consecutive two-year terms, for a total consecutive period of service of six years. A member who is ineligible to serve for having served six three or more consecutive years terms may again serve: A. After two years have elapsed from the expiration of their last term; or B. After no other qualified applicant applied for the available position and the mayor requests the member continue serving on the appointive commission. Commented [TWhite10]: Given that past and current terms were 1-year in length, this clarification language was added to avoid a situation where these term limits would prohibit a member from serving again if they served 3 consecutive terms, but those terms were only 1 year in length (i.e. their total service was only 3 consecutive years). This language gives staff flexibility in implementing this ordinance given that term limits will apply retroactively. This added language will accomplish Council’s intent of imposing a maximum cap on service at 6 consecutive years, whether the original term the person was appointed to was 1 year under the current code, or 2 years under this new ordinance. 8.I.a Packet Pg. 202 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 32 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees A member may be reappointed by the mayor and confirmed by the council to successive one-year terms. The board chair shall be appointed annually by the board’s members. Sec. 2.56.060. Staffing. The mayor will appoint appropriate staff to assist the board in the preparation of any reports and records as are necessary for the operation of the board. Sec. 2.56.070. Meetings. The board shall meet upon the call of the mayor or chair, as necessary, but no less than once a quarter. Sec. 2.56.080. Attendance and vacancies. At any meeting of the board, the board may recommend to the mayor removal of any member who misses three consecutive meetings without being excused by the board upon an affirmative vote of a majority of the board. To fill unexpired terms, replacement appointments will be made as necessary by the mayor and confirmed by the city council. Appointments made to fill vacancies will be made to fill the portion of the unexpired term. SECTION 8. – Amendment – Title 2, Chapter 2.57 Re: Land Use and Planning Board. Chapter 2.57 of the Kent City Code, entitled “Land Use and Planning Board”, is hereby amended as follows: CHAPTER 2.57 LAND USE AND PLANNING BOARD Sec. 2.57.010. Creation. There is hereby created the land use and planning board, which is subject to the general provisions applicable to boards and commissions as provided for under Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the Land Use and Planning Board. 8.I.a Packet Pg. 203 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 33 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.57.020. Membership, terms, residence requirements, and compensation. A. The land use and planning board shall consist of seven (7) members who shall be residents of the city of Kent. When making the appointments, the mayor shall consider appointments from residents residing at different locations within the city. The term limits provided for in KCC 2.50.060.G. do not apply to members of the land use and planning board., each of whom shall be appointed by the mayor and confirmed by the city council. Appointments shall be deemed confirmed if not acted on within thirty (30) days following the mayor’s submittal of his or her nomination to the council president. B. The terms of office of the members of the land use and planning board shall be three (3) years. When a vacancy occurs on the land use and planning board, appointment for that position shall be for three (3) years, or for the remainder of the unexpired term, whichever is the shorter period of time. All new terms shall expire on December 31st of the last year of the term. No more than three (3) terms may expire in any given year. C. Initial appointments shall be as follows: 1. Two (2) seats for a one (1) year term. 2. Two (2) seats for a two (2) year term. 3. Three (3) seats for a three (3) year term. All appointments thereafter shall be for three (3) year terms. D. Members of the land use and planning board may be dismissed by the mayor for missing twenty-five (25) percent or more of the regularly scheduled meetings in a twelve (12) month period without such absence Commented [TWhite11]: Revision based on Council discussion (6/8/2021 Committee of the Whole) 8.I.a Packet Pg. 204 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 34 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees being excused by the board, for inefficiency, for neglect of duty, for a finding by the land use and planning board of a member’s violation of any code of conduct established by the board, or for misfeasance or malfeasance in office. E. As authorized pursuant to RCW 35.21.200, all appointees to the land use and planning board shall be residents of the city of Kent. When making the appointments, the mayor shall consider appointments from residents residing at different locations of the city. F. The appointed members of the land use and planning board shall serve without compensation except that reimbursement for authorized travel and subsistence may be made to the extent such may be budgeted for by the city council. Reimbursement for such shall come from the city budget category designated land use and planning board, travel and mileage and subsistence. Sec. 2.57.030. Organization, meetings and rules. A. The land use and planning board shall elect a chairperson and vice- chairperson from among its members which terms shall expire December 31st each year. The secretary of the land use and planning board shall be the planning manager. The secretary shall set the land use and planning board agenda for workshops and public hearings, prepare minutes which may be taken from electronic recording of public hearings, and keep such records as are necessary for the property operation of the board, all of which shall be a matter of public record. B. The land use and planning board shall conduct at least one (1) regular meeting each month for conducting general business, hearings, and other related business, except when there is not an agenda item to be considered 8.I.a Packet Pg. 205 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 35 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees or heard, in which case the land use and planning board secretary shall notify the board members, the local press and post a notice at the place the land use and planning board regularly meets, stating that due to a lack of business a meeting is cancelled. The land use and planning board shall establish and operate under a set of bylaws, which bylaws shall prescribe the rules of procedure for public hearings and workshops and a code of conduct for its members. The time and place of regular and special meetings, including workshops, shall be established by the bylaws. Sec. 2.57.030040. Duties and responsibilities. A. The land use and planning board shall operate as part of the planning Economic and Community Development Department office and shall, except in those instances when the city council has determined to consider the matter, hold public hearings on comprehensive plan formulation and amendments, annexation zoning, zoning code and subdivision code and other assigned code formulation and amendments which have been prepared and submitted to the board by the Economic and Community Development Departmentplanning office. The land use and planning board, after holding one (1) or more public hearings on these matters, shall refer the planning office’s proposals and its recommendation to the city council for the council’s final action. B. In lieu of or in the alternative to the land use and planning board considering and holding hearings and performing other related functions on matters set forth in subsection (A) of this section, the city council may elect to perform these functions on such matters directly without taking input from the land use and planning board. 8.I.a Packet Pg. 206 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 36 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.57.040050. References to planning commission. All references in the Kent City Code to the planning commission shall mean the land use and planning board. SECTION 9. – Amendment – Title 2, Chapter 2.58 Re: Valley Independent Investigative Team. Title 2 of the Kent City Code, entitled “Administration and Personnel,” is amended to add a new Chapter 2.58, entitled “Valley Independent Investigative Team,” as follows: CHAPTER 2.58 VALLEY INDEPENDENT INVESTIGATIVE TEAM Sec. 2.58.010. Valley Independent Investigative Team – City Membership. The City of Kent is a member of the Valley Independent Investigative Team, also known by the acronym VIIT. VIIT is a multi- jurisdictional team that includes a number of area law enforcement agencies, created pursuant to Chapter 10.93 RCW and in conformance with Chapter 139-12 WAC, for the purposes of establishing a process for the independent investigation of incidents involving police officers. VIIT includes law enforcement representatives from each member agency, together with non-law enforcement community representatives who are, in accordance with WAC 139-12-030, appointed by the police chiefs of each member agency. Sec. 2.58.020. Non-law enforcement community representatives – Qualifications, Duties, Appointment, and Term. A. Qualifications. Community representatives eligible for appointment by the police chief to VIIT shall have credibility with and ties to the communities impacted by police use of deadly force, and must agree to sign a confidentiality agreement at the beginning of any investigation that will 8.I.a Packet Pg. 207 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 37 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees remain in effect until the prosecutor of the jurisdiction either declines to file charges or the criminal case is concluded. Violation of a confidentiality agreement once signed may be a punishable crime. B. Duties. Once appointed, and subject to the terms of any confidentiality agreement, non-law enforcement community representatives will perform those duties as provided for by Chapter 139-12 WAC and VIIT’s organizational and operational guidelines. C. Provisions governing appointment of non-law enforcement community representatives to serve VIIT. 1. Chapter 139-12 WAC currently provides that independent investigative teams must include at least two non-law enforcement community representatives. Under the mutual aid agreement that governs VIIT operations, each member agency, acting through its respective police chief, may appoint one or more non-law enforcement community representatives from their respective jurisdictions to serve on VIIT, which appointments may be subject to further approval by the VIIT executive board. The number of community representatives appointed from any jurisdiction and selected to serve VIIT will be at the discretion of each agency’s police chief and the VIIT executive board. 2. The police chief will create a transparent process for soliciting names of individuals and creating a roster of individuals willing to serve on VIIT as non-law enforcement community representatives. The solicitation process utilized shall further the goals expressed by Council in KCC 2.50.060 in seeking individuals qualified to serve. 3. Community representative appointments will be recommended by the police chief, made by the mayor, and presented to the city council for confirmation. 8.I.a Packet Pg. 208 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 38 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 4. Selected community representatives shall serve as provided for by the mutual aid agreement and VIITs operational policies and procedures. D. Term. The term served by non-law enforcement community representatives shall be as the law or VIIT operational policies and procedures provide. SECTION 10. – Amendment – Title 2, Chapter 2.59 Re: Kent RFA Governing Board. Chapter 2.59 of the Kent City Code, entitled “Kent Fire Department Regional Fire Authority Governing Board”, is hereby amended as follows: CHAPTER 2.59 PUGET SOUND KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY GOVERNING BOARD Sec. 2.59.010. Creation. On April 27, 2010, voters within the jurisdictions of the city of Kent and King County Fire Protection District No. 37 approved a proposition to create the Kent Fire Department Regional Fire Authority and to approve the regional fire authority plan. In 2017, this entity formally changed its name to the Puget Sound Regional Fire Authority. The regional fire authority plan provides that the Kent city council shall appoint three (3) of its members to serve on the governing board of the Puget Sound Kent Fire Department Regional Fire Authority. This chapter shall govern appointment of the Kent city council representatives to serve on the Puget Sound Kent Fire Department Regional Fire Authority governing board. The term governing board as used in this chapter shall mean the Puget Sound Kent Fire Department Regional Fire Authority governing board. 8.I.a Packet Pg. 209 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 39 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.59.020. Governing board appointment. The council president shall appoint three members of the Kent city council to serve as the city of Kent’s representatives on the governing board. Sec. 2.59.030. Terms of appointment – Initial term – Regular terms. The initial term for governing board members shall run from July 1, 2010, through December 31, 2011. All other terms of the governing board members shall be for approximately two (2) years starting on the first council meeting in January of each even-numbered year and ending on the first council meeting in January of the following even-numbered year. Sec. 2.59.040. Effect of failure to make appointment. If, for any reason, the governing board members have not been appointed as required by this chapter, the previous year’s governing board shall remain in place with full authority until a new governing board has been appointed. Sec. 2.59.050. Removal from governing board. At any time, the Kent city council may remove one (1) or more of its appointed members from the governing board. Sec. 2.59.060. Vacancy on governing board. In the event a council member is removed from the governing board or another event occurs that results in a vacancy being created in one (1) of the city’s representative positions on the governing board, the council president shall appoint a council member to fill the vacancy. The appointed council member shall serve the unexpired term of the council member he or she has replaced. In the event a governing board member is temporarily unable to fulfill his or her duties as a governing board member, the council president or council president pro tem may appoint a temporary replacement until such time as 8.I.a Packet Pg. 210 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 40 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees the regular governing board member becomes available to perform his or her duties. SECTION 11. – Amendment – Title 2, Chapter 2.60 Re: Parks and Recreation Commission. Chapter 2.60 of the Kent City Code, entitled “Parks and Recreation Commission”, is hereby amended as follows: CHAPTER 2.60 PARKS AND RECREATION COMMISSION Sec. 2.60.010. Parks and Recreation Commission created. The city of Kent Parks and Recreation Commission is hereby created. The parks and recreation commission shall serve in an advisory capacity to the mayor, city council, city administrativeor officer, and city staff, and are subject to the general provisions applicable to boards and commissions as provided for under Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the Parks and Recreation Commission. Sec. 2.60.020. Membership, terms, residence requirements. A. Number of members. The membership of the city parks and recreation commission shall consist of 12 members., in addition to an optional alternate. Members are to be appointed by the mayor and confirmed by the city council. Each member of the commission shall have an equal vote in decisions of the commission, except for the alternate, who will serve in a nonvoting capacity. B. Alternate member. An alternate may be appointed to the commission by the mayor and confirmed by the city council. Once appointed and confirmed, the alternate will serve in a nonvoting capacity when all regular members are present at a meeting of the parks and recreation commission. 8.I.a Packet Pg. 211 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 41 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees When a regular member of the parks and recreation commission is absent from a meeting, the alternate will serve as a pro tempore voting member for that meeting and may vote on all matters before the commission. Should a position as a regular member on the parks and recreation commission become available during the alternate’s term, the alternate will assume that position as a regular member without any further council confirmation required. C. Terms of office. The term of office for commissioners shall be for three years, except for the initial terms as provided below. 1. Commissioners may only serve up to two consecutive terms, except for those commissioners appointed to an inaugural term that is less than three years in length. If, however, a commissioner was appointed to an inaugural term that was less than three years in length, then that commissioner shall be permitted to serve two consecutive three-year terms after the inaugural term expires. 2. The term of office of the first six commissioners appointed and confirmed shall expire December 31, 2015; the term of the second six commissioners appointed and confirmed shall expire December 31, 2016; the term of office of the final four commissioners appointed and confirmed shall expire December 31, 2017. 3. When a vacancy occurs on the parks and recreation commission, the alternate will assume that position as a regular member without any further council confirmation required. If the alternate becomes a regular member of the parks and recreation commission, the individual’s three-year term will begin anew upon appointment as a regular member. The mayor shall then appoint, subject to council confirmation, a new alternate commissioner. 8.I.a Packet Pg. 212 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 42 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees BD. Residence requirements. At least six persons appointed to serve on the parks and recreation commission shall reside within the corporate limits of the city. To the extent reasonably practicable, appointment should shall reflect a balance and diversity of users of and interests in Kent’s parks and recreation services, and should shall include one youth representative of high school age who lives within the city’s municipal boundaries. E. Removal. The mayor may remove members from the parks and recreation commission in the following instances: 1. A commissioner resigns from the commission; or 2. A commissioner is absent from more than two consecutive regular meetings; or 3. A commissioner is absent four times within any 12-month period; or 4. Upon the joint recommendation of the commission’s chair and the parks and recreation director. Any decision to remove a commissioner shall be final, and there shall be no appeal. Sec. 2.60.030. Organization and meetings. A. Election of officers. The parks and recreation commission shall elect from among its members a chair, who shall preside at all meetings, and a vice chair, who shall preside in the absence of the chair. The chair and vice chair shall be elected annually. A majority of the parks and recreation commission members shall constitute a quorum for the transaction of business, and a majority of the votes cast shall be necessary to carry any motion. 8.I.a Packet Pg. 213 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 43 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees B. Rules and regulations. The parks and recreation commission may adopt bylaws, rules, and regulations as necessary for the conduct of its business. C. Meeting schedule. The parks and recreation commission shall provide a regular meeting schedule, including time, place, and frequency of meetings as necessary, but no less frequent than once a month. The parks and recreation commission may, from time to time, provide for special meetings in accordance with Chapter 42.30 RCW. Although not required for an advisory committee, all meetings of the commission will be open to the public, in accordance with Chapter 42.30 RCW, the Open Public Meetings Act. D. Staffing. The mayor will appoint appropriate staff to assist the parks and recreation commission in the preparation of any reports and records as are necessary for the proper operation of the commission. E. Documentation. The parks and recreation commission shall adopt procedures to ensure minutes of the meeting are recorded and a monthly summary of minutes of meetings is recorded along with all decisions. Sec. 2.60.030040. Duties and responsibilities. The parks and recreation commission is advisory in nature and shall make reports and recommendations to the mayor, city council, and city staff concerning parks and recreation issues, including: A. Ways to advocate public support, involvement, and funding of Kent parks, facilities, and programs; B. Opportunities to engage the public in decisions affecting Kent parks, facilities, and programs; 8.I.a Packet Pg. 214 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 44 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees C. Budget recommendations for the acquisition, development, and operation of parks, facilities, and programs; D. Policy recommendations; E. Comprehensive parks and trails planning; F. Priorities for the acquisition of land and/or facilities; G. Development, design, and operation of parks, facilities, and programs; H. Capital improvements planning; I. Rules, regulations, or other restrictions applicable to parks, facilities, and programs; J. Concessions at park facilities; K. Contracts, interlocal agreements, and lease agreements regarding parks and recreation activities; L. Other matters that the mayor, city council, or parks director may refer to the parks and recreation commission for its consideration and recommendation. Parks and recreation commission members are encouraged to play an active role in engaging the Kent community to support key park and recreation projects through public outreach efforts. 8.I.a Packet Pg. 215 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 45 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees SECTION 12. – Amendment – Title 2, Chapter 2.61 Re: Arts Commission. Chapter 2.61 of the Kent City Code, entitled “Arts Commission”, is hereby amended as follows: CHAPTER 2.61 ARTS COMMISSION Sec. 2.61.010. Created. There is hereby created the Kent arts commission, which is subject to the general provisions applicable to boards and commissions as provided for under Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the arts commission. Sec. 2.61.020. Purpose. The city arts commission and staff may, alone or in cooperation with any other private, civic, or public body of any city, county, or the state, initiate, sponsor, or conduct programs calculated to further public awareness of and interest in the visual and performing arts. Sec. 2.61.030. Membership. The membership of the city arts commission shall be 14 members, in addition to a and an optional alternate. Members are to be appointed by the mayor and confirmed by the city council, with the exception of the council representative, who shall be appointed to the commission by the council president. Each member of the commission shall have an equal vote in decisions of the commission, except for the alternate and appointed council representative, who shall serve in a nonvoting capacityies. Sec. 2.61.040. Alternate member. An alternate may be appointed to the commission by the mayor and confirmed by the city council. Once appointed and confirmed, the alternate will serve in a nonvoting capacity when all regular members are present at a meeting of the arts commission. 8.I.a Packet Pg. 216 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 46 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees When a regular member of the arts commission is absent from a meeting, the alternate will serve as a pro tempore voting member for that meeting and may vote on all matters before the commission. Should a position as a regular member on the arts commission become available during the alternate’s term, the alternate will assume that position as a regular member without any further council confirmation required. Sec. 2.61.040050. Term of appointment. With respect to the members appointed and confirmed to serve on the commission, the following provisions shall apply: A. Each member, exclusive of the youth representative, must reside or own property within the city or one of its utility or parks department service areas or, alternatively, work or own a business within the city’s municipal boundaries. B. The commission shall include among its members one council representative and, to the extent reasonably practicable, at least one youth representative of high school age who attends a Kent school or lives within the city’s municipal boundaries. C. All members appointed shall serve four-year terms or the unexpired balance of the term for which appointed, whichever is the lesser period, with the following exceptions: 1. The youth representative(s) shall be appointed to at least a one-year term, but may be appointed to as much as a three-year term. 2. The council representative shall be appointed to a one-year term. 8.I.a Packet Pg. 217 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 47 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 3. If an alternate becomes a regular member of the arts commission, the individual’s four-year term will begin anew upon appointment as a regular member. Sec. 2.61.060. Officers – Meetings. The city arts commission shall elect its officers, including a chairperson, vice-chairperson, and such officers as it may deem necessary. Such persons shall occupy their respective offices for a period of one year. The arts commission shall hold regular public meetings at least monthly. Sec. 2.61.070. Rules – Minutes. The city arts commission shall adopt rules for the transaction of business and shall keep written minutes of its proceedings, which minutes shall be a public record. Sec. 2.61.050080. Budget. The arts commission shall each year submit to the mayor and city council for approval a proposed budget for the following year in the manner provided by law for preparation and submission of budgets by appointive officials. SECTION 13. – Amendment - Title 2, Chapter 2.62 Re: Kent Bicycle Advisory Board. Chapter 2.62 of the Kent City Code, entitled “Kent Bicycle Advisory Board”, is hereby amended as follows: CHAPTER 2.62 KENT BICYCLE ADVISORY BOARD Sec. 2.62.010. Created. There is hereby created the Kent bicycle advisory board, which is subject to the general provisions applicable to boards and commissions as provided for under Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the bicycle advisory board. 8.I.a Packet Pg. 218 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 48 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.62.020. Purpose. The Kent bicycle advisory board may advise the city council, the mayor, and all departments and offices of the city on matters related to bicycling including the impact city actions may have upon bicycling. The Such board shall have the opportunity to contribute in an advisory capacity to all aspects of the city’s planning processes insofar as they may relate to bicycling. Sec. 2.62.030. Membership. A. Number of members. The membership of the Kent bicycle advisory board shall be 11 members., each of whom shall be appointed by the mayor and confirmed by the city council. The board shall serve under the direction of the mayor subject to council directives, and shall receive technical support from city staff. B. Terms of office. The term of office for board members shall be two years. Board members may serve multiple terms. 1. Positions on the board shall be identified by a number from one through 11. The term of the odd-numbered positions shall start on April 1st of the odd-numbered year and end March 31st of the next odd-numbered year. The even-numbered positions shall start April 1st of the even- numbered year and end March 31st of the next even-numbered year. 2. Board members, when appointed to fill a vacancy prior to the end of a term, will be assigned to fill the vacant position and serve the remaining time identified for that position. BC. Representation. In order to provide the most diverse representation possible on the board its members should, to the extent possible, consist of representatives of: 1. Bike and cycling organizations; 8.I.a Packet Pg. 219 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 49 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 2. Bicycle dealers; 3. Organizations concerned with safety; 4. Representatives of business organizations; 5. Interested private citizens concerned with urban cycling issues. Sec. 2.62.040. Duties and responsibilities of board. A. As an advisory board, the board may make reports and recommendations to the mayor, city council, and city staff on matters related to bicycling, including:The board shall review proposals concerning bicycling and bicyclists in the city and advise the mayor and city council, representatives from the city departments and offices who are so delegated by the department director. Engineering staff or other city staff may provide technical assistance and provide input as needed. B. The board shall: 1. Assisting in the formulation of Kent’s comprehensive bikeway plan. 2. Reviewing proposals and plans for spot improvements and bikeways. 3. Promotinge bicycling as a viable form of urban transportation. 4. Promotinge improved safety to reduce accidents and thefts of bicycles by educating both youth and adult cyclists, by evaluating and recommending changes in design standards for on-street and off-street bikeways, trails, and paths accessible to bicyclists and for secured parking racks and lockers. 5. Developing possible demonstration projects to encourage commuting through provision of safe, accessible routes, secure parking facilities, and facilities for commuter clean-up and changing from riding to work clothes. 8.I.a Packet Pg. 220 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 50 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees SECTION 14. – Amendment – Title 2, New Chapter 2.63 Re: Special Events Center Public Facilities District. Title 2 of the Kent City Code, entitled “Administration and Personnel,” is amended to add a new Chapter 2.63, entitled “Special Events Center Public Facilities District” as follows: CHAPTER 2.63 SPECIAL EVENTS CENTER PUBLIC FACILITIES DISTRICT Sec. 2.63.010. Creation and Purpose. Through its adoption of Ordinance No. 3852 on August 7, 2007, the Kent City Council created the City of Kent Special Events Center Public Facilities District as a regional center coextensive with the boundaries of the city, pursuant to Chapter 35.57 RCW. The public facilities district was established for the sole purpose of pursuing the design, construction, ownership, operation and financing of the Kent Special Events Center. The public facilities district’s primary role is to assist in the financing of the Special Events Center and to serve in an advisory capacity in regards to the operation of the Special Events Center. As provided by RCW 35.57.010(4), the public facilities district is a municipal corporation, an independent taxing authority within the meaning of Article VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution. As such, the public facilities district is generally not subject to regulation by the city, except as provided for by Ch. 35.57 RCW, Ordinance No. 3852, and the interlocal agreement entered into between the city and the public facilities district on September 18, 2007. Therefore, the provisions of Ch. 2.50 KCC will not apply to the public facilities district, except to the extent those provisions apply to the process utilized by the city to obtain a sufficient applicant pool 8.I.a Packet Pg. 221 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 51 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees from which the city council may make appointments to an available board of director position. Sec. 2.63.020. Board of Directors. A. Membership. As required by RCW 35.57.010, as may subsequently be amended, the Public Facilities District shall be governed by a five member board of directors appointed by the Kent City Council as follows: 1. two directors appointed without restriction; 2. three directors appointed based on recommendations received from local organizations that may include, but are not limited to, the local chamber of commerce, local economic development council, and local labor council. B. Term of membership. Directors shall serve four-year terms., and are not subject to the term limits provided for in KCC 2.50.060.F. Sec. 2.63.030. Treasurer and Staff. Pursuant to Ordinance No. 3852 and the interlocal agreement between the city and the public facilities district, the following provisions apply: A. The city’s finance director shall serve as treasurer of the public facilities district, and shall prepare, maintain, and provide financial reports to the city and to the public facilities district’s board of directors at such times and in such form as the mayor and the public facilities district’s board of directors may require. B. The city shall provide a meeting place for the public facilities district’s board of directors and shall provide staff support for board of director meetings. Commented [TWhite12]: Revision based on Council discussion (6/8/2021 Committee of the Whole) 8.I.a Packet Pg. 222 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 52 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.63.040. Bylaws. The public facilities district shall adopt and maintain rules of procedure and governance of its activities through bylaws duly adopted by its board of directors. The power to alter, amend, or repeal the bylaws and adopt new bylaws shall be vested in the board of directors, except the bylaws shall be consistent with Ordinance No. 3852 and the interlocal agreement entered into between the city and the public facilities district. SECTION 15. – Amendment – Title 2, New Chapter 2.64 Re: Firefighters Relief and Pension Board. Title 2 of the Kent City Code, entitled “Administration and Personnel,” is amended to add a new Chapter 2.64, entitled “Firefighters’ Relief and Pension Board” as follows: CHAPTER 2.64 FIREFIGHTERS’ RELIEF AND PENSION BOARD Sec. 2.64.010. Purpose. Beginning March 1, 1970, the state took over the provision of police and firefighter pensions through the passage of Ch. 41.26 RCW and the creation of the Law Enforcement Officers’ and Firefighters’ Retirement System. However, the city continues to remain responsible for firefighter pension coverage for eligible firefighters who vested to benefits under Chs. 41.16 and 41.18 RCW prior to the passage of Ch. 41.26 RCW and the establishment of the Law Enforcement Officers’ and Firefighters’ Retirement System. When the Puget Sound Regional Fire Authority was formed, the city retained the firefighters’ pension fund established in accordance with Chs. 41.16 and 41.18 RCW and the responsibility to make required pension benefits to eligible participants. 8.I.a Packet Pg. 223 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 53 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.64.020. Membership. A. The city’s firefighter pension fund is administered by a Firefighters’ Relief and Pension Board, whose members are: 1. The mayor, 2. The city clerk, 3. A councilmember appointed by the council president, 4. Two regularly employed or retired firefighters elected by secret ballot of those employed and retired firefighters who are subject to the jurisdiction of the board, and 5. A firefighter alternate selected by the firefighter board members who shall serve as an alternate in the event of an absence of one of the regularly elected members. The firefighters elected to serve on the board shall each serve a two- year term. The term limits provided for in KCC 2.50.060.F. shall not apply or otherwise hinder a firefighter’s eligibility for election to a board position. B. If no eligible regularly employed or retired firefighters are willing or able to be elected, then the following individuals may be elected to the board: 1. Any active or retired firefighters who reside within the jurisdiction served by the board, including active and retired firefighters under Chs. 41.16, 41.18, 41.26, and 52.26 RCW; 2. The widow or widower of a firefighter subject to the jurisdiction of the board. Sec. 2.64.030. Officers. A. Chair. The mayor shall serve as the chair of the Firefighters’ Relief and Pension Board. Commented [TWhite13]: Revision based on Council discussion (6/8/2021 Committee of the Whole) 8.I.a Packet Pg. 224 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 54 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees B. Chair pro tempore. In case of absence or inability of the chair to act, the board may select a chair pro tempore who shall during such absence or inability perform the duties and exercise the power of chair. C. Secretary. The board may select and appoint a secretary who may, but need not be, a member of the board. Sec. 2.64.040. Meetings. The board shall meet, upon advance notice given: 1. At least once quarterly, the date to be fixed by regulation of the board; 2. At such other regular times as may be fixed by a regulation of the board; and 3. At any time upon call of the chair. Sec. 2.64.050. Powers and duties. The board shall have those powers and duties as provided for in Chs. 41.16 and 41.18 RCW. Sec. 2.64.060. Remote Attendance. In addition to the reason authorized under KCC 2.50.090E.3., members of the board may attend meetings remotely if the following conditions are met: 1. At least one member must be physically present at the meeting at the noted location within the City Hall campus; 2. The physical meeting location must be open to attendance by the public; 3. The member’s remote attendance otherwise complies with the provisions of KCC 2.50.090.E.3., other than the need for an emergency to exist. Commented [TWhite14]: Revision based on Council discussion (6/22/2021 Committee of the Whole) 8.I.a Packet Pg. 225 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 55 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees SECTION 16. – 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 17. – 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 18. – Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. Once this ordinance is effective, the term limits provided for herein shall apply retroactively to past terms served by appointive commission members. All other provisions of this ordinance shall apply prospectively without any alteration to the length of any existing term that an appointive commission member is serving. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published Commented [TWhite15]: Revision based on Council discussion that term limits apply retroactively (6/22/2021 Committee of the Whole). In addition, I recommend clarifying that Council is not intending to retroactively adjust the length of any existing term that a commission member is serving—i.e., if their current term is 1 year, it remains 1 year. The length of any new/future term will be imposed as this ordinance provides. 8.I.a Packet Pg. 226 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) 56 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.I.a Packet Pg. 227 Attachment: Ordinance-Boards and Commissions (2765 : Boards and Commissions Ordinance - Adopt) DATE: July 6, 2021 TO: Kent City Council SUBJECT: Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 - Adopt MOTION: Adopt Resolution No 2028, supporting Puget Sound Regional Fire Authority Proposition No. 1 in which voters are asked to approve a permanent fire benefit charge. SUMMARY: The PSRFA adopted Resolution 175 on May 5, 2021. Resolution 175 calls for the placement of a ballot measure on the August 3, 2021, ballot which will ask voters to establish a permanent fire benefit charge. The ballot measure is referred to as Proposition 1. The PSRFA is authorized by the Puget Sound Regional Fire Authority Plan and chapter 52.26 RCW to establish, impose and collect a benefit charge on personal property and improvements to real property located within the PSRFA. The voters of the PSRFA previously authorized the PSRFA to impose and collect a benefit charge for six years in 2010 and the voters reauthorized the benefit charge for an additional six years in 2016. The PSRFA governing board has determined that the benefit charge, established in conjunction with a lower level of property taxes, provides the most stable, reliable and cost-effective method for financing the services the PSRFA provides to its citizens. The benefit charge will be reasonably proportioned to the measurable benefits to property resulting from the services provided by the PSRFA and shall not exceed 60% of the operating budget of the PSRFA. The legislature has now authorized fire authorities to request voter approval of a permanent benefit charge and the PSRFA governing board has determined that a permanent benefit charge better serves the citizens of the PSRFA by providing for long term revenue stability and reducing future administrative and election costs associated with shorter term benefit charge authorizations. This matter is set for the council to consider supporting Proposition 1. Councilmembers and members of the public will be provided with approximately equal opportunity for the expression of an opposing view. BUDGET IMPACT: None. 9.A Packet Pg. 228 ATTACHMENTS: 1. RFA - Support Fire Benefit Charge - Permanent - 2021 (PDF) 2. RFA - Resolution 175 (PDF) 9.A Packet Pg. 229 1 Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 RESOLUTION NO. 2028 A RESOLUTION of the City Council of the city of Kent, Washington, expressing support for Puget Sound Regional Fire Authority (“PSRFA”) Proposition 1 which will appear on the August 3, 2021 ballot, wherein voters will be asked to approve a permanent fire benefit charge to fund emergency medical and fire protection services. RECITALS A. The PSRFA adopted Resolution 175 on May 5, 2021. Resolution 175 calls for the placement of a ballot measure on the August 3, 2021, ballot which will ask voters to establish a permanent fire benefit charge. The ballot measure is referred to as Proposition 1. B. The PSRFA is authorized by the Puget Sound Regional Fire Authority Plan and chapter 52.26 RCW to establish, impose and collect a benefit charge on personal property and improvements to real property located within the PSRFA. C. The voters of the PSRFA previously authorized the PSRFA to impose and collect a benefit charge for six years in 2010 and the voters reauthorized the benefit charge for an additional six years in 2016. D. The PSRFA governing board has determined that the benefit charge, established in conjunction with a lower level of property taxes, provides the most stable, reliable and cost-effective method for financing the services the PSRFA provides to its citizens. 9.A.a Packet Pg. 230 Attachment: RFA - Support Fire Benefit Charge - Permanent - 2021 (2760 : Resolution in Support of Puget Sound Regional Fire Authority 2 Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 E. The benefit charge will be reasonably proportioned to the measurable benefits to property resulting from the services provided by the PSRFA and shall not exceed 60% of the operating budget of the PSRFA. F. The legislature has now authorized fire authorities to request voter approval of a permanent benefit charge and the PSRFA governing board has determined that a permanent benefit charge better serves the citizens of the PSRFA by providing for long term revenue stability and reduces future administrative and election costs associated with shorter term benefit charge authorizations. G. In accordance with RCW 42.17A.555, city councils are authorized to vote on a resolution to support or oppose a ballot measure so long as the action is taken at a public meeting, the notice of the meeting includes the title and number of the ballot proposition, and councilmembers and meeting attendees are afforded an equal opportunity to express an opposing view. H. It is appropriate for the council to support Proposition 1 as submitted by the PSRFA, and therefore, the council urges voters to vote “Yes” on Proposition 1. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Support for Proposition 1. The Kent City Council endorses PSRFA Proposition 1 which will be submitted to the voters on the 9.A.a Packet Pg. 231 Attachment: RFA - Support Fire Benefit Charge - Permanent - 2021 (2760 : Resolution in Support of Puget Sound Regional Fire Authority 3 Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 August 3, 2021, ballot, and urges Kent voters to vote “Yes” on the measure. The Proposition 1 ballot title and ballot statement are as follows: Puget Sound Regional Fire Authority Proposition No. 1 The Puget Sound Regional Fire Authority “Puget Sound Fire” is responsible for providing fire protection and emergency medical services in your community. For the last twelve years, the Puget Sound Fire has funded these services primarily through a combination of property taxes and voter approved benefit charges. Under state law, voters must renew the use of Puget Sound Fire’s current benefit charge in 2021. A benefit charge is not a property tax. The benefit charge is a user fee designed to allocate the cost of the services provided by Puget Sound Fire in reasonable proportion to the measurable benefit a property receives. The benefit charge is based on an industry accepted formula that takes into consideration fire flows, the square footage of structures, the type of structures and various risk factors. The Puget Sound Fire Governance Board has determined that permanently establishing the benefit charge will provides a long-term, stable, reliable and cost effective method for financing the operations of Puget Sound Fire and for maintaining satisfactory levels of service. Under state law, regional fire authorities which collect benefit charges have reduced taxing authority. Benefit charges can constitute no more than 60 percent of a fire authority’s annual operating budget and the fire authority’s maximum property tax rate is reduced from $1.50 to $1.00 per $1,000 of assessed valuation. If approved, Proposition 1 would permanently continue the current funding methods utilized by the Puget Sound Fire to provide emergency medical and fire protection services. SECTION 2 . – Savings. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional 9.A.a Packet Pg. 232 Attachment: RFA - Support Fire Benefit Charge - Permanent - 2021 (2760 : Resolution in Support of Puget Sound Regional Fire Authority 4 Resolution in Support of Puget Sound Regional Fire Authority Proposition 1 or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 4. – Effective Date. This resolution shall take effect immediately upon passage. July 6, 2021 DANA RALPH, MAYOR Date Approved ATTEST: July 6,2021 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 9.A.a Packet Pg. 233 Attachment: RFA - Support Fire Benefit Charge - Permanent - 2021 (2760 : Resolution in Support of Puget Sound Regional Fire Authority PUGET SOUND REGIONAL FIRE AUTHORITY ll'iTl- Ri\ATIONALLY ACCREDIT[D F lRt_ AG INCY Profession ally and compasslo nately helping people RESOLUTION NO.175 INTENT TO CONTINUE BENEFIT CHARGE A RESOLUTION OF THE GOVERNING BOARD OF THE PUGET SOUND REGIONAL FIRE AUTHORITY PROVIDING FOR THE RE-AUTHORIZATION AND CONTINUATION OF A BENEFIT CHARGE; TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE RFA AT A SPECIAL ELECTION TO BE HELD WITHIN THE RFA ON AUGUST 3,2021IN CONJUNCTION WITH THE STATE PRIMARY ELECTION TO BE HELD ON THE SAME DATE, OF A PROPOSITION AUTHORIZING A PERMANENT BENEFIT CHARGE ON PERSONAL PROPERTY AND IMPROVEMENTS TO REAL PROPERTY WITHIN THE RFA AND, CALLING A PUBLIC HEARING. Background: WHEREAS, the RFA is authorized by the Puget Sound Regional Fire Authority Plan and chapter 52.26 RCW to establish, impose and collect a benefit charge on personal property and improvements to real property located within the RFA; and WHEREAS, the voters of the RFA previously authorized the RFA to impose and collect a benefit charge for six years in 2010 and the voters reauthorized the benefit charge for an additional six years in 2016; and WHEREAS, the Governing Board has determined that the benefit charge, established in conjunction with a lower level of property taxes, provides the most stable, reliable and cost-effective method for financing the services the RFA provides to its citizens; and WHEREAS, the benefit charge will be reasonably proportioned to the measurable benefits to property resulting from the services provided by the RFA and shall not exceed 60% ofthe operating budget ofthe RFA; and WHEREAS, the legislature has now authorized the RFA to request voter approval of a permanent benefit charge and the Governing Board has determined that a permanent benefit charge better serves the citizens of the RFA by providing for long term revenue stability and reduces future administrative and election costs associated with shorter term benefit charge authorizations; and WHEREAS, it is reasonable and necessary that the RFA obtain voter approval to continue its benefit charge on a permanent basis to maintain and improve the services provided by the RFA; RESOLVED, by the Governing Board of Puget Sound Regional Fire Authority: 1. Continuation of Benefit Charge. It is the declared intent of the Governing Board to continue imposing a benefit charge on personal property and improvements to real property located within the RFA, which have or will receive benefits provided by the RFA to be paid by owners of such properties. 2. Method of Apportionment. The total benefit charge authorized by this resolution shall be reasonably apportioned among the affected parcels of property initially by the general method described in ExhibitA in accordance with RCW 52.26.180, and SZ.26.190. 9.A.b Packet Pg. 234 Attachment: RFA - Resolution 175 (2760 : Resolution in Support of Puget Sound Regional Fire Authority Proposition 1. - Adopt) Resolution No. 175 Intent to Continue Benefit Charge Page 2 of 3 3. Amount of Benefit Charge, The benefit charge for each year shall be set in the year preceding imposition of the charge after a public hearing to review and establish the amount of the benefit charge pursuant RCW 52.26.230 and shall not exceed 60% ofthe RFA's operating budget. 4. Notice of the Benefit Charge. Subsequent to the public hearing referred to in Section 3, property owners will be notified in writing each year of the benefit charge and the amounts thereof to be charged in the subsequent year. 5. Review Board. Subsequent to establishing the annual benefit charge and notifying the property owners, the RFA shall form a review board pursuant to RCW 52.26.250. The review board shall be convened and available for at least a two-week period to hear and decide written appeals from property owners regarding their particular benefit charge assessment. 6. Effective Date. If approved by the voters, the continued benefit charge shall be imposed on the affected properties beginning fanuary 1, 2022. 7. Contract for Administration. The Chief of the RFA is authorized and directed to negotiate a contract with the King County treasurer to provide for the administration and collection of the benefit charge. The contract shall establish the fee to be paid by the RFA to the County Treasurer and County Assessor for services to be performed under the contract. B. Public Hearing. The Governing Board will hold a public hearing before the Board on June 16, 2021 as part of the Governing Board's regular meeting to consider the proposal to continue the benefit charge to support the legally authorized activities of the RFA to maintain and improve the services afforded in the RFA. 9. Election. PursuanttoRCW52.26.220,thereshallbesubmittedtothequalifiedelectorsolthe RFA for their ratification or rejection, at a special election on August 3,202I, in conjunction with the state primary election to be held on the same date, the question of whether or not such benefit charge for services provided by the RFA shall be continued. The Governing Board hereby requests that the Elections Division of King County call such special election, and to submit the following proposition at such election, in the form of a ballot titled substantially as follows: PROPOSITION Puget Sound Regional Fire Authority Continuation of Benefit Charge Shall the Puget Sound Regional Fire Authority be authorized to continue voter- authorized benefit charges on a permanent basis, not to exceed an amount equal to sixty percent of its operating budget and be prohibited from imposing an additional property tax under RCW 52.26.140(1)(c)? Yes No 10. Voter Approval Requirement. Pursuant to RCW 52.26.220(3J(a) the measure requires a sixty percent majority vote to be approved without validation requirements. 11. Voter Pamphlet. The Governing Board finds and declares that it is in the best interest of the RFA to have information regarding the ballot measure included in the local voters' pamphlet. tr tr 9.A.b Packet Pg. 235 Attachment: RFA - Resolution 175 (2760 : Resolution in Support of Puget Sound Regional Fire Authority Proposition 1. - Adopt) Resolution No. 175 Intent to Continue Benefit Charge Page 3 of3 Furthermore, that the appropriate costs thereof shall be paid for by the RFA. The Governing Board further authorizes and directs the Fire Chief to provide such information to the County Elections Department for inclusion and to take other actions as necessary to that end. 12. Pro and Con Committees. The Board hereby assigns to the Chief or designee the task of appointing members to a committee to advocate voters' approval of the proposition and to a committee to prepare arguments advocating voters' rejection of the proposition. 13. Election Notices. For purposes of receiving notice of any matters related to the ballot title, as provided in RCW 29A.36.080, the Board hereby designates the Chief or designee as the individual to whom the County Auditor shall provide such notice. 1,4. Modifications. The Chief or designee is authorized to implement such administrative procedures as may be necessary to carry out the directives of this resolution, including modifying the text of the ballot title and any other text, Ianguage and/or descriptions relative thereto necessary to conform such ballot title, tex! language and/or descriptions to the intent of the parties, consistent with the objectives of this resolution. 15. Filing of Ballot Measure. The Chief, or designee, is hereby authorized and directed, no later than May 74,202L, to provide to the County Auditors a certified copy of this resolution and the proper RFA officials are authorized to perform such other duties or take such other actions as are necessary or required by law to the end that the proposition described in this resolution appear on the ballot before the voters at the August3,202l election. 16. Severability. Ifany section, subsection, paragraph, sentence, clause, or phrase ofthis resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 17. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 1B. Effective Date. This resolution shall take effect and be in force immediately upon its passage. ADOPTED by the Governing Board of Puget Sound Regional Fire Authority in a regular open public meeting on the sth day of May 202\. Board Chair Troutner Board Vice Chair Barrie Board Member Harto Board Member Boyce Board Member Thomas Board Member Scott Board Secretary Steward 9.A.b Packet Pg. 236 Attachment: RFA - Resolution 175 (2760 : Resolution in Support of Puget Sound Regional Fire Authority Proposition 1. - Adopt) EE6oooooctd14.505.15Lt54.500.9000.92s0.250otor(t:groroiooooo14.504.751.754.501.000.9000.9250.250ooooiorroooodo(o14.504.00I.754.501.001.150.9000.9250.250qrC'ro)o;grrtooocto614.503.757.754.501.001.150.9000.9250.250oooo)grslooodosi14.503.507.754.401.000.9000.9250.2s0Or(uC'tolordtooodoan14.503.351.754.300.9000.9250.2s0(nororolotoooooLL.253.054.301.I.0.900o.9250.2s0o!ororgl(t)doooostd8.602.071.754.201.150.9000.9250.250o)o)(t)or6Hooooct6.702.O71.754.201.15r.201.301-.400.9000.92s0.250orororoioroood66.70L.457.754.201.151.201.301-.400.9000.9250.250orC'rgr(t!$ooodm4.251.45t.754.20I.IJ1.201.307.400.9000.9250.250o)o)('roroooo4.25L.40r.752.651.001.15r.201.307.400.9000.9250.250ororctrord4.251.401.75I.751.001.157.201.301.400.9000.9250.250('r(tl(t)<ldI.407.751.751.00r.15I.200.9000.9250.2s0ororct1grooo@1.007.751.751.000.9000.9250.2s0(noror1.001.75r.250.9000.9250.250ororo)d1.007.757.250.9000.92s0.250o)ororm1.001.007.757.251.151.301.400.9000.9250.250x18XFactor XFactor X Risk Factor X Fire Flow Factor X Applicable Discount = Benefit Chargeo)orrttdloo01.601.001.00L.75L,537.251.15r.201.301.400.9000.9250.250olo)roo.201.601.00Variable to firefighters needed to deliver required fire flow1.251.00t.75L521.001.151.201.30L400.9000.9250.2s0g)grdo.205so.oo0.3691940.1f81.00L.75lfe7.251.00t.l )0.9000.9250.2s0re root202LSound Fire- BenefitFormula:Square Footage CategoriesMobile Homes in MH ParksGround SpacesFireFactor:ents - Multi-Family Homesred Homesdentalmercialcond$'sOrdinary Hazard/Regional - 1inary Hazard/Regional - 2Extra Hazard/Regional - 1Extra Hazard/Regional -2Hazard/Regiona IIturalFire SprinkiersCentral Alarmusing the adopted formula and 50 gpm fire flow delivery per firefighter on scene up to 3,599 sq. ft. and 48 gpm for homes greater than 3,599 sq. ft.Risk factors apply to commercial property and are defined by the National Fire Protection Association and deal with fire hazards and hazardous materials.Fire flow factor is estimated until final tax and property data is certified by the King County Assessor9.A.bPacket Pg. 237Attachment: RFA - Resolution 175 (2760 : Resolution in Support of Puget Sound Regional Fire Authority Election Date: August 3, 2021 Name of Jurisdiction Submitting Measure: Puget Sound Regional Fire Authority Contact Name: Greg Markley, Division Chief - Community Relations Daytime Contact Phone Number: 253-740-5100 PUGET SOUND REGIONAL FIRE AUTHORITY PROPOSITION NO. 1 BALLOT ISSUE EXPLANATORY STATEMENT The Puget Sound Regional Fire Authority "Puget Sound Fire" is responsible for providing fire protection and emergency medical services in your community. For the last twelve years, the Puget Sound Fire has funded these services primarily through a combination of property taxes and voter approved benefit charges. Under state law, voters must renew the use of Puget Sound Fire's current benefit charge in2021. A benefit charge is not a property tax. The benefit charge is a user fee designed to allocate the cost of the services provided by Puget Sound Fire in reasonable proportion to the measurable benefit a property receives. The benefit charge is based on an industry accepted formula that takes into consideration fire flows, the square footage of structures, the type of structures and various risk factors. The Puget Sound Fire Governance Board has determined that permanently establishing the benefit charge will provides a long-term, stable, reliable and cost effective method for financing the operations of Puget Sound Fire and for maintaining satisfactory levels of service. Under state law, regional fire authorities which collect benefit charges have reduced taxing authority. Benefit charges can constitute no more than 60 percent of a fire authority's annual operating budget and the fire authority's maximum property tax rate is reduced from $1.50 to $1.00 per $1,000 of assessed valuation. If approved, Proposition 1 would permanently continue the cument funding methods utilized by the Puget Sound Fire to provide emergency medical and fire protection services. Approved by: Brian K. Snure Attorney for Regional Fire Authority 612 S. 227th St. Des Moines, WA 98198-6836 (206) 824-s630 9.A.b Packet Pg. 238 Attachment: RFA - Resolution 175 (2760 : Resolution in Support of Puget Sound Regional Fire Authority Proposition 1. - Adopt) DATE: July 6, 2021 TO: Kent City Council SUBJECT: Armstrong Well #1 Rehabilitation and Component Replacement Bid - Award MOTION: I move to award the Armstrong Well #1 Rehabilitation and Component Replacement Project to Gary Harper Construction, Inc. in the amount of $178,670.28 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 existing well pump and motor at Armstrong Springs Well #1 were installed in 1999 and are nearing the end of their life expectancy. As part of the Water Section’s preventative maintenance program, this project includes removing the existing well components, cleaning the well, then providing and installing new replacement components. The bid opening for the Armstrong Well #1 Rehabilitation and Component Replacement Project was held on June 29, 2021 with one bid received. The lowest responsible and responsive bid was submitted by Gary Harper Construction, Inc. in the amount of $178,670.28. Bid Tab Summary 01. Gary Harper Construction, Inc. $178,670.28 Engineer's Estimate $180,013.50 BUDGET IMPACT: This expense was budgeted and planned for in the water utility capital fund. 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. 10.A Packet Pg. 239 ATTACHMENTS: 1. Armstrong Well #1 Bid Tab (PDF) 10.A Packet Pg. 240 Armstrong Well #1 Rehabilitation and Component Replacement Gary Harper Construction Inc. Engineer's EstimateBid Opening: June 29, 2021, 10:00 AM14831 223rd St. SE Bryan Bond Snohomish, WA 98296-3989 Disclaimer: These preliminary bid results are provided as a convenience to TOTAL $178,670.28 $180,013.50ITEM DESCRIPTION QTY UNIT UNITTOTALUNITTOTALNO. PRICE AMOUNT PRICE AMOUNT1000 Mobilization and Demobilization 1 LS 18,600.00 $18,600.00 20,000.00 $20,000.001005 Removal and Disposal of Existing Motor, Pump Assembly, and Miscellaneous Items1 LS 20,700.00 $20,700.00 7,000.00 $7,000.001010 Well Cleaning60 HR 510.00 $30,600.00 375.00 $22,500.001015 Filter Pack Installation 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.001020 Well Pumping for Video Inspection 8 HR 585.00 $4,680.00 250.00 $2,000.001025 Vertical Turbine Pump Motor and Wiring1 LS 16,400.00 $16,400.00 14,000.00 $14,000.001030 Vertical Line Shaft Pump Assembly1 LS 60,800.00 $60,800.00 85,000.00 $85,000.001035 Flush-Thread PVC Sounding Tubes 200 LF 2.50 $500.00 15.00 $3,000.001040 Minor Changes 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00SUB TOTAL$162,280.00 $163,500.0010.1% SALES TAX$16,390.28 $16,513.50CONSTRUCTION CONTRACT TOTAL $178,670.28 $180,013.50 contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.110.A.aPacket Pg. 241Attachment: Armstrong Well #1 Bid Tab (2763 : Armstrong Well #1 Rehabilitation and Component DATE: July 6, 2021 TO: Kent City Council SUBJECT: Summit Landsburg Road and Rock Creek Culvert Replacement Project Bid - Award MOTION: I move to award the Summit Landsburg Road and Rock Creek Culvert Replacement Project to Scarsella Bros., Inc. in the amount of $2,288,875.34 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 includes removal of three existing culverts in Rock Creek, and construction of a new concrete bridge (measuring about 110-FT end-to-end) over Rock Creek on SE Summit Landsburg Road. The project is located within the city of Kent’s Clarks Springs Watershed, located east of Maple Valley. The new bridge will be relocated partially in the city of Kent and in unincorporated King County. Work related to this project includes restoration of the Rock Creek stream bed, placement of woody debris habitat features, the relocation of a Covington Water District water main, a Soos Creek Water and Sewer District sanitary sewer force main, Lumen/Century Link telecommunications utilities, and other necessary items. The project will improve salmon habitat in the Clark Springs Watershed, which is a critical water supply resource for the city of Kent. This project is a requirement of the Clark Springs Habitat Conservation Plan. The bid opening for the Summit Landsburg Road and Rock Creek Culvert Replacement Project was held on June 8, 2021 with six bids received. The lowest responsible and responsive bid was submitted by Scarsella Bros., Inc. in the amount of $2,288,875.34. Bid Tab Summary 01. Scarsella Bros., Inc. $2,288,875.34 02. Johansen Construction Co. $2,473,617.84 03. Active Construction, Inc. $2,593,195.76 04. Olson Brothers Excavating, Inc. $2,630,446.65 05. Rodarte Construction, Inc. $2,645,821.26 06. Northwest Cascade, Inc. $2,982,876.55 10.B Packet Pg. 242 Engineer's Estimate $2,300,400.19 BUDGET IMPACT: The project is fully budgeted through the Water Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Rock Creek Culvert Replacement Bid Tab (PDF) 10.B Packet Pg. 243 Summit Landsburg Road and Rock Creek Culvert Replacement Bid Opening: June 8, 2021, 1:00 PMScarsella Bros., Inc. Johansen Construction Co. Active Construction, Inc. Olson Brothers Excavating, Inc. PO Box 68697 PO Box 674 PO Box 430 6622 112th St. E.Disclaimer: These preliminary bid results are provided as a convenience toSeattle, WA 98168-0697 Buckley, WA 98321 Puyallup, WA 98371 Puyallup, WA 98373 TOTAL $2,288,875.34 $2,473,617.84 $2,593,195.76 $2,630,446.65ITEM DESCRIPTION QTY UNIT UNITTOTALUNITTOTALUNITTOTALUNIT TOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNTSCHEDULE I: STREET1000 Mobilization (Schedule I)1 LS 220,000.00 $220,000.00 192,300.00 $192,300.00 250,000.00 $250,000.00 76,700.00 $76,700.001005 Clearing and Grubbing1 LS 41,000.00 $41,000.00 7,500.00 $7,500.00 25,000.00 $25,000.00 27,350.00 $27,350.001060 Roadway Excavation Incl. Haul 580 CY 41.00 $23,780.00 36.50 $21,170.00 57.00 $33,060.00 82.65 $47,937.001065 Unsuitable Foundation Excavation Incl. Haul 70 CY 50.00 $3,500.00 35.00 $2,450.00 60.00 $4,200.00 67.75 $4,742.501070 Geotextile Fabric, Non-Woven 120 SY 8.00 $960.00 10.50 $1,260.00 18.00 $2,160.00 7.70 $924.001075 Gravel Borrow, Including Haul and Compaction 1,450TON 26.10 $37,845.00 38.50 $55,825.00 29.50 $42,775.00 30.00 $43,500.001080 Crushed Surfacing Top Course, 5/8 Inch Minus 570TON 40.00 $22,800.00 65.00 $37,050.00 46.00 $26,220.00 39.15 $22,315.501085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 140TON 40.00 $5,600.00 48.50 $6,790.00 35.00 $4,900.00 54.65 $7,651.001086 Embankment Compaction 360 CY 6.00 $2,160.00 5.00 $1,800.00 3.00 $1,080.00 37.25 $13,410.001100 HMA Class 1/2", PG 58H-22 720TON 130.00 $93,600.00 120.00 $86,400.00 140.00 $100,800.00 156.00 $112,320.001230 Adjust Existing Valve Box Top Section and Lid to Finished Grade2 EA 450.00 $900.00 405.00 $810.00 550.00 $1,100.00 900.00 $1,800.001251 Removal of Structure and Obstruction 1 LS 15,000.00 $15,000.00 5,000.00 $5,000.00 12,265.51 $12,265.51 14,250.00 $14,250.001296 Bridge Railing Type S-BP-12 220 LF 95.00 $20,900.00 165.00 $36,300.00 155.00 $34,100.00 172.00 $37,840.001306 Flexible Guardrail Reflectors 38 EA 75.00 $2,850.00 82.00 $3,116.00 80.00 $3,040.00 78.40 $2,979.201307 Beam Guardrail Transition Type 24 4 EA 2,250.00 $9,000.00 2,550.00 $10,200.00 2,380.00 $9,520.00 2,425.00 $9,700.001310 Beam Guardrail Anchor Type 10 2 EA 1,650.00 $3,300.00 1,825.00 $3,650.00 1,700.00 $3,400.00 1,715.00 $3,430.001311 Beam Guardrail Type 31 Non-Flared Terminal 2 EA 4,350.00 $8,700.00 5,000.00 $10,000.00 4,600.00 $9,200.00 4,700.00 $9,400.001315 Utility Pothole 8 EA 800.00 $6,400.00 410.00 $3,280.00 600.00 $4,800.00 500.00 $4,000.001318 Furnish 25-TA Vault 1 EA 4,730.00 $4,730.00 6,500.00 $6,500.00 6,750.00 $6,750.00 4,610.00 $4,610.001319 Furnish and Install 4-Inch Diameter Schedule 40 Conduit240 LF 81.15 $19,476.00 20.00 $4,800.00 23.00 $5,520.00 36.20 $8,688.001353 Type B Progress Schedule 1 CALC 3,000.00 $3,000.00 3,000.00 $3,000.00 3,000.00 $3,000.00 3,000.00 $3,000.001354 Field Trailer 1 LS 20,000.00 $20,000.00 36,000.00 $36,000.00 18,000.00 $18,000.00 3,200.00 $3,200.001355 Minor Changes 1 CALC 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00SCHEDULE I TOTAL$585,501.00 $555,201.00 $620,890.51 $479,747.20SCHEDULE II: WATER2000 Mobilization (Schedule II)1 LS 31,000.00 $31,000.00 21,000.00 $21,000.00 2,500.00 $2,500.00 9,600.00 $9,600.002016 Connection to Existing Water Main 12 Inch Diameter 2 EA 6,850.00 $13,700.00 3,485.00 $6,970.00 6,000.00 $12,000.00 7,800.00 $15,600.002035 D.I. Water Main - 12-Inch Diameter 203 LF 190.00 $38,570.00 154.00 $31,262.00 170.00 $34,510.00 211.65 $42,964.952036 D.I. Water Main - 12-Inch Diameter on Bridge 60 LF 840.00 $50,400.00 985.00 $59,100.00 900.00 $54,000.00 845.00 $50,700.002037 Steel Casing, 20-Inch Diameter 60 LF 500.00 $30,000.00 545.00 $32,700.00 850.00 $51,000.00 730.00 $43,800.002038 Pipe Insulation 1 LS 7,500.00 $7,500.00 20,000.00 $20,000.00 12,500.00 $12,500.00 9,500.00 $9,500.002056 Gate Valve, 12 Inch 1 EA 3,210.00 $3,210.00 3,400.00 $3,400.00 4,700.00 $4,700.00 5,000.00 $5,000.002080 Hydrant Assembly1 EA 8,850.00 $8,850.00 8,620.00 $8,620.00 9,820.00 $9,820.00 7,750.00 $7,750.002082 Additional Ductile Iron Fittings 75 LB 13.50 $1,012.50 16.75 $1,256.25 15.00 $1,125.00 10.31 $773.252101 Remove and Salvage Hydrant Assembly1 EA 1,000.00 $1,000.00 820.00 $820.00 1,200.00 $1,200.00 1,750.00 $1,750.002106 Remove and Salvage Water Valve, 12-Inch 1 EA 350.00 $350.00 735.00 $735.00 1,200.00 $1,200.00 580.00 $580.002111 Remove Ductile Iron Water Main, 12-Inch 255 LF 15.00 $3,825.00 90.00 $22,950.00 23.00 $5,865.00 38.90 $9,919.50124contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.310.B.aPacket Pg. 244Attachment: Rock Creek Culvert Replacement Bid Tab (2764 : Summit Landsburg Road and Rock Creek Summit Landsburg Road and Rock Creek Culvert Replacement Bid Opening: June 8, 2021, 1:00 PMScarsella Bros., Inc. Johansen Construction Co. Active Construction, Inc. Olson Brothers Excavating, Inc. PO Box 68697 PO Box 674 PO Box 430 6622 112th St. E.Disclaimer: These preliminary bid results are provided as a convenience toSeattle, WA 98168-0697 Buckley, WA 98321 Puyallup, WA 98371 Puyallup, WA 98373 TOTAL $2,288,875.34 $2,473,617.84 $2,593,195.76 $2,630,446.65ITEM DESCRIPTION QTY UNIT UNITTOTALUNITTOTALUNITTOTALUNIT TOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT124contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.32112 Remove Steel Casing, 24-Inch 55 LF 50.00 $2,750.00 49.00 $2,695.00 27.00 $1,485.00 43.00 $2,365.002254 Removal and Replacement of Unsuitable Material 20 CY 80.00 $1,600.00 152.00 $3,040.00 65.00 $1,300.00 194.25 $3,885.002255 Shoring or Extra Excavation Class B 800 SF 0.40 $320.00 0.30 $240.00 1.00 $800.00 2.90 $2,320.002295 Temporary Pavement 6TON 375.00 $2,250.00 330.00 $1,980.00 300.00 $1,800.00 423.00 $2,538.002316 Utility Pothole 2 EA 800.00 $1,600.00 410.00 $820.00 600.00 $1,200.00 650.00 $1,300.002317 Resolution of Utility Conflicts 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.002318 Minor Change for Water Improvements 1 EST 9,000.00 $9,000.00 9,000.00 $9,000.00 9,000.00 $9,000.00 9,000.00 $9,000.00SUB TOTAL$211,937.50 $231,588.25 $211,005.00 $224,345.7010.1% SALES TAX$21,405.69 $23,390.41 $21,311.51 $22,658.92SCHEDULE II TOTAL$233,343.19 $254,978.66 $232,316.51 $247,004.62SCHEDULE III: SEWER3001 Mobilization (Schedule III)1 LS 0.01 $0.01 15,000.00 $15,000.00 2,500.00 $2,500.00 4,750.00 $4,750.003002 Remove Existing Asphalt Concrete Pavement 153 SY 25.00 $3,825.00 12.50 $1,912.50 10.00 $1,530.00 18.85 $2,884.053003 Saw Cut Existing Asphalt Concrete Pavement 306 LF 3.50 $1,071.00 3.65 $1,116.90 6.50 $1,989.00 12.60 $3,855.603004 Roadway Excavation Incl. Haul 195 CY 41.00 $7,995.00 38.50 $7,507.50 45.00 $8,775.00 51.00 $9,945.003005 Abandon Existing Sanitary Sewer Force Main 1 LS 2,000.00 $2,000.00 10,800.00 $10,800.00 3,800.00 $3,800.00 6,330.00 $6,330.003006 6-Inch Sewer Force Main, C900 346 LF 60.00 $20,760.00 118.00 $40,828.00 110.00 $38,060.00 92.00 $31,832.003007 16-Inch Steel Casing141 LF 215.00 $30,315.00 355.00 $50,055.00 850.00 $119,850.00 775.00 $109,275.003008 Connection to Existing Sewer Force Main 2 EA 2,500.00 $5,000.00 2,925.00 $5,850.00 2,450.00 $4,900.00 2,267.00 $4,534.003116 Controlled Density Fill 10 CY 225.00 $2,250.00 280.00 $2,800.00 230.00 $2,300.00 344.00 $3,440.003117 Filter Fabric Fence 306 LF 5.00 $1,530.00 5.00 $1,530.00 6.50 $1,989.00 5.80 $1,774.803118 Wattle 306 LF 6.00 $1,836.00 4.00 $1,224.00 5.50 $1,683.00 3.75 $1,147.503119 Trench Shoring Systems in Compliance with WISHA 306 LF 5.00 $1,530.00 4.00 $1,224.00 1.00 $306.00 7.50 $2,295.003140 Crushed Surfacing Top Course, 5/8 Inch Minus 310TON 40.00 $12,400.00 39.00 $12,090.00 56.00 $17,360.00 44.80 $13,888.003150 Gravel Borrow, Including Haul and Compaction 25TON 26.10 $652.50 30.00 $750.00 26.00 $650.00 47.60 $1,190.003155 Temporary Pavement 15TON 375.00 $5,625.00 325.00 $4,875.00 300.00 $4,500.00 210.50 $3,157.503160 HMA Class 1/2", PG 58H-22 60TON 130.00 $7,800.00 110.00 $6,600.00 140.00 $8,400.00 206.50 $12,390.003316 Utility Pothole 2 EA 800.00 $1,600.00 410.00 $820.00 600.00 $1,200.00 650.00 $1,300.003318 Minor Changes 1 CALC 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00SUB TOTAL$131,189.51 $189,982.90 $244,792.00 $238,988.4510.1% SALES TAX$13,250.14 $19,188.27 $24,723.99 $24,137.83SCHEDULE III TOTAL$144,439.65 $209,171.17 $269,515.99 $263,126.28SCHEDULE IV: BRIDGE CONSTRUCTION4147 Temporary Stream Diversion 1 LS 20,000.00 $20,000.00 160,000.00 $160,000.00 35,000.00 $35,000.00 79,000.00 $79,000.004148 Channel Excavation Incl. Haul 1,200 CY 50.00 $60,000.00 27.00 $32,400.00 44.00 $52,800.00 50.70 $60,840.004149 Structure Excavation Class A Incl. Haul 700 CY 50.00 $35,000.00 30.00 $21,000.00 37.50 $26,250.00 40.00 $28,000.004151 Shoring or Extra Excavation Class A 1 LS 145,000.00 $145,000.00 22,500.00 $22,500.00 2,000.00 $2,000.00 25,000.00 $25,000.004152 Trimming and Cleanup1 LS 3,500.00 $3,500.00 10,500.00 $10,500.00 5,000.00 $5,000.00 16,600.00 $16,600.004165 Quarry Spalls 30TON 65.00 $1,950.00 90.00 $2,700.00 65.00 $1,950.00 124.00 $3,720.0010.B.aPacket Pg. 245Attachment: Rock Creek Culvert Replacement Bid Tab (2764 : Summit Landsburg Road and Rock Creek Summit Landsburg Road and Rock Creek Culvert Replacement Bid Opening: June 8, 2021, 1:00 PMScarsella Bros., Inc. Johansen Construction Co. Active Construction, Inc. Olson Brothers Excavating, Inc. PO Box 68697 PO Box 674 PO Box 430 6622 112th St. E.Disclaimer: These preliminary bid results are provided as a convenience toSeattle, WA 98168-0697 Buckley, WA 98321 Puyallup, WA 98371 Puyallup, WA 98373 TOTAL $2,288,875.34 $2,473,617.84 $2,593,195.76 $2,630,446.65ITEM DESCRIPTION QTY UNIT UNITTOTALUNITTOTALUNITTOTALUNIT TOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT124contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.34166 Streambed Gravel 900TON 65.00 $58,500.00 53.00 $47,700.00 54.00 $48,600.00 102.75 $92,475.004167 Rock for Erosion and Scour Protection Class B 180TON 65.00 $11,700.00 140.00 $25,200.00 60.00 $10,800.00 71.00 $12,780.004216 Conc. Class 4000 for Bridge 125 CY 1,000.00 $125,000.00 1,250.00 $156,250.00 875.00 $109,375.00 1,020.50 $127,562.504217 Conc. Class 4000D for Bridge 80 CY 1,250.00 $100,000.00 2,250.00 $180,000.00 1,605.00 $128,400.00 1,913.00 $153,040.004218 St. Reinf. Bar for Bridge 36,800 LB 1.33 $48,944.00 1.50 $55,200.00 1.75 $64,400.00 2.40 $88,320.004219 Epoxy Coated St. Reinf. Bar for Bridge 3,100 LB 2.40 $7,440.00 2.75 $8,525.00 3.00 $9,300.00 3.50 $10,850.004220 Prestressed Conc. Girder W35DG 345 LF 845.00 $291,525.00 1,085.00 $374,325.00 1,130.00 $389,850.00 1,275.50 $440,047.504221 Bridge Approach Slab 195 SY 415.00 $80,925.00 460.00 $89,700.00 440.00 $85,800.00 500.00 $97,500.004222 Single Slope Concrete Barrier 220 LF 325.00 $71,500.00 390.00 $85,800.00 500.00 $110,000.00 574.00 $126,280.004223 Conc. Class 4000 for Retaining Wall 15 CY 1,400.00 $21,000.00 2,430.00 $36,450.00 1,150.00 $17,250.00 1,530.75 $22,961.254224 St. Reinf. Bar for Retaining Wall 2,200 LB 1.39 $3,058.00 1.65 $3,630.00 1.75 $3,850.00 2.00 $4,400.00SCHEDULE IV TOTAL$1,085,042.00 $1,311,880.00 $1,100,625.00 $1,389,376.25SCHEDULE V: TRAFFIC CONTROL5001 Project Temporary Traffic Control 1 LS 20,000.00 $20,000.00 50,000.00 $50,000.00 135,000.00 $135,000.00 28,240.00 $28,240.005030 Portable Changeable Message Sign (PCMS)640 DAY 60.00 $38,400.00 25.00 $16,000.00 65.00 $41,600.00 28.70 $18,368.005076 Permanent Signing1 LS 1,500.00 $1,500.00 3,500.00 $3,500.00 3,400.00 $3,400.00 2,170.00 $2,170.005116 Plastic Line 865 LF 3.30 $2,854.50 3.00 $2,595.00 4.25 $3,676.25 3.80 $3,287.005117 Profiled Plastic Line 435 SF 7.50 $3,262.50 4.00 $1,740.00 11.30 $4,915.50 8.60 $3,741.00SCHEDULE V TOTAL$66,017.00 $73,835.00 $188,591.75 $55,806.00SCHEDULE VI: EROSION AND SEDIMENATION CONTROL6000 Seeding, Fertilizing, and Mulching0.1 AC 25,000.00 $2,500.00 21,250.00 $2,125.00 22,550.00 $2,255.00 45,900.00 $4,590.006001 Stabilized Construction Entrance 180 SY 20.00 $3,600.00 34.00 $6,120.00 30.00 $5,400.00 68.10 $12,258.006002 High Visibility Filter Fabric Fence 580 LF 6.00 $3,480.00 5.00 $2,900.00 6.50 $3,770.00 5.60 $3,248.006003 High Visibility Fence 170 LF 3.25 $552.50 4.25 $722.50 3.00 $510.00 4.20 $714.006010 Wattle 130 LF 6.00 $780.00 4.00 $520.00 5.50 $715.00 4.20 $546.006011 Biodegradable Erosion Control Blanket 200 SY 8.50 $1,700.00 8.60 $1,720.00 43.00 $8,600.00 3.90 $780.006030 ESC Lead 800 HR 100.00 $80,000.00 1.00 $800.00 100.00 $80,000.00 110.00 $88,000.006055 Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.006056 SPCC Plan 1 LS 3,000.00 $3,000.00 1,000.00 $1,000.00 150.00 $150.00 2,220.00 $2,220.00SCHEDULE VI TOTAL$100,612.50 $20,907.50 $106,400.00 $117,356.00SCHEDULE VII: ROADSIDE RESTORATION7005 Topsoil Type A 175 CY 70.00 $12,250.00 60.00 $10,500.00 80.00 $14,000.00 80.30 $14,052.507014 Wood Chip Mulch 25 CY 70.00 $1,750.00 45.00 $1,125.00 100.00 $2,500.00 80.30 $2,007.507021 PSIPE Vine Maple, 6-8' Tall 4 EA 200.00 $800.00 145.00 $580.00 230.00 $920.00 230.00 $920.007022 PSIPE Slough Sedge, plug45 EA 30.00 $1,350.00 18.00 $810.00 34.00 $1,530.00 34.45 $1,550.257023 PSIPE Red Twig Dogwood, live stake 7 EA 30.00 $210.00 9.50 $66.50 34.00 $238.00 34.45 $241.157024 PSIPE Salal, 2-gallon 42 EA 30.00 $1,260.00 21.00 $882.00 34.00 $1,428.00 34.45 $1,446.9010.B.aPacket Pg. 246Attachment: Rock Creek Culvert Replacement Bid Tab (2764 : Summit Landsburg Road and Rock Creek Summit Landsburg Road and Rock Creek Culvert Replacement Bid Opening: June 8, 2021, 1:00 PMScarsella Bros., Inc. Johansen Construction Co. Active Construction, Inc. Olson Brothers Excavating, Inc. PO Box 68697 PO Box 674 PO Box 430 6622 112th St. E.Disclaimer: These preliminary bid results are provided as a convenience toSeattle, WA 98168-0697 Buckley, WA 98321 Puyallup, WA 98371 Puyallup, WA 98373 TOTAL $2,288,875.34 $2,473,617.84 $2,593,195.76 $2,630,446.65ITEM DESCRIPTION QTY UNIT UNITTOTALUNITTOTALUNITTOTALUNIT TOTALNO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT124contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.37025 PSIPE Tall Oregon Grape, 2-gallon 55 EA 30.00 $1,650.00 21.00 $1,155.00 34.00 $1,870.00 34.45 $1,894.757026 PSIPE Thimbleberry, 1-gallon 16 EA 30.00 $480.00 21.00 $336.00 34.00 $544.00 34.45 $551.207027 PSIPE Salmonberry, 1-gallon 23 EA 30.00 $690.00 21.00 $483.00 34.00 $782.00 34.45 $792.357028 PSIPE Snowberry, 2-gallon 29 EA 30.00 $870.00 21.00 $609.00 34.00 $986.00 34.45 $999.057029 PSIPE Evergreen Huckleberry, 2-gallon 37 EA 30.00 $1,110.00 24.00 $888.00 34.00 $1,258.00 34.45 $1,274.657030 Anchored Log Type B 4 EA 4,000.00 $16,000.00 2,200.00 $8,800.00 4,550.00 $18,200.00 5,100.00 $20,400.007031 Habitat Log Type A 1 EA 4,000.00 $4,000.00 1,600.00 $1,600.00 4,750.00 $4,750.00 2,300.00 $2,300.007032 Habitat Log Type B 5 EA 2,500.00 $12,500.00 1,600.00 $8,000.00 2,300.00 $11,500.00 2,100.00 $10,500.007033 Habitat Log Type C 5 EA 2,000.00 $10,000.00 1,090.00 $5,450.00 1,550.00 $7,750.00 1,900.00 $9,500.007034 Habitat Log Type D 6 EA 1,500.00 $9,000.00 1,060.00 $6,360.00 1,100.00 $6,600.00 1,600.00 $9,600.00 SCHEDULE VII TOTAL$73,920.00 $47,644.50 $74,856.00 $78,030.30SUMMARY: SCHEDULE I TOTAL$585,501.00 $555,201.00 $620,890.51 $479,747.20SCHEDULE II TOTAL$233,343.19 $254,978.66 $232,316.51 $247,004.62SCHEDULE III TOTAL$144,439.65 $209,171.17 $269,515.99 $263,126.28SCHEDULE IV TOTAL$1,085,042.00 $1,311,880.00 $1,100,625.00 $1,389,376.25SCHEDULE V TOTAL$66,017.00 $73,835.00 $188,591.75 $55,806.00SCHEDULE VI TOTAL$100,612.50 $20,907.50 $106,400.00 $117,356.00SCHEDULE VII TOTAL$73,920.00 $47,644.50 $74,856.00 $78,030.30CONSTRUCTION CONTRACT TOTAL $2,288,875.34 $2,473,617.84 $2,593,195.76 $2,630,446.6510.B.aPacket Pg. 247Attachment: Rock Creek Culvert Replacement Bid Tab (2764 : Summit Landsburg Road and Rock Creek Summit Landsburg Road and Rock Creek Culvert Replacement Bid Opening: June 8, 2021, 1:00 PM Disclaimer: These preliminary bid results are provided as a convenience toTOTALITEM DESCRIPTION QTY UNITNO. SCHEDULE I: STREET1000 Mobilization (Schedule I)1LS1005 Clearing and Grubbing1LS1060 Roadway Excavation Incl. Haul 580 CY1065 Unsuitable Foundation Excavation Incl. Haul 70 CY1070 Geotextile Fabric, Non-Woven 120 SY1075 Gravel Borrow, Including Haul and Compaction 1,450TON1080 Crushed Surfacing Top Course, 5/8 Inch Minus 570TON1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 140TON1086 Embankment Compaction 360 CY1100 HMA Class 1/2", PG 58H-22 720TON1230 Adjust Existing Valve Box Top Section and Lid to Finished Grade2EA1251 Removal of Structure and Obstruction 1 LS1296 Bridge Railing Type S-BP-12 220 LF1306 Flexible Guardrail Reflectors 38 EA1307 Beam Guardrail Transition Type 24 4 EA1310 Beam Guardrail Anchor Type 10 2 EA1311 Beam Guardrail Type 31 Non-Flared Terminal 2 EA1315 Utility Pothole 8 EA1318 Furnish 25-TA Vault 1 EA1319 Furnish and Install 4-Inch Diameter Schedule 40 Conduit240 LF1353 Type B Progress Schedule 1 CALC1354 Field Trailer 1 LS1355 Minor Changes 1 CALCSCHEDULE I TOTALSCHEDULE II: WATER2000 Mobilization (Schedule II)1LS2016 Connection to Existing Water Main 12 Inch Diameter 2 EA2035 D.I. Water Main - 12-Inch Diameter 203 LF2036 D.I. Water Main - 12-Inch Diameter on Bridge60LF2037 Steel Casing, 20-Inch Diameter 60 LF2038 Pipe Insulation 1 LS2056 Gate Valve, 12 Inch 1 EA2080 Hydrant Assembly1EA2082 Additional Ductile Iron Fittings75LB2101 Remove and Salvage Hydrant Assembly1EA2106 Remove and Salvage Water Valve, 12-Inch 1 EA2111 Remove Ductile Iron Water Main, 12-Inch 255 LFcontractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.Rodarte Construction, Inc. Northwest Cascade, Inc. Engineer's Estimate17 East Valley Highway E. PO Box 73399 Steve LincolnAuburn, WA 98092 Puyallup, WA 98373 $2,645,821.26 $2,982,876.55 $2,300,400.19UNITTOTALUNITTOTALUNITTOTALPRICE AMOUNT PRICE AMOUNT PRICE AMOUNT230,000.00 $230,000.00 240,000.00 $240,000.00 193,000.00 $193,000.0025,000.00 $25,000.00 135,000.00 $135,000.00 15,700.00 $15,700.0055.00 $31,900.00 46.00 $26,680.00 20.00 $11,600.0040.00 $2,800.00 49.00 $3,430.00 50.00 $3,500.005.00 $600.00 3.50 $420.00 5.00 $600.0025.00 $36,250.00 30.00 $43,500.00 40.00 $58,000.0042.00 $23,940.00 38.50 $21,945.00 35.00 $19,950.0045.00 $6,300.00 38.50 $5,390.00 35.00 $4,900.0010.00 $3,600.00 9.50 $3,420.00 10.00 $3,600.00115.00 $82,800.00 145.00 $104,400.00 150.00 $108,000.00600.00 $1,200.00 600.00 $1,200.00 250.00 $500.005,000.00 $5,000.00 125,147.25 $125,147.25 4,400.00 $4,400.00125.00 $27,500.00 160.00 $35,200.00 100.00 $22,000.0080.00 $3,040.00 81.00 $3,078.00 20.00 $760.002,400.00 $9,600.00 2,500.00 $10,000.00 3,200.00 $12,800.001,600.00 $3,200.00 1,775.00 $3,550.00 2,000.00 $4,000.004,500.00 $9,000.00 4,875.00 $9,750.00 3,500.00 $7,000.00550.00 $4,400.00 470.00 $3,760.00 1,000.00 $8,000.001,800.00 $1,800.00 5,300.00 $5,300.00 3,000.00 $3,000.0025.00 $6,000.00 16.50 $3,960.00 60.00 $14,400.003,000.00 $3,000.00 3,000.00 $3,000.00 3,000.00 $3,000.0040,000.00 $40,000.00 31,000.00 $31,000.00 25,000.00 $25,000.0020,000.00 $20,000.00 20,000.00 $20,000.00 20,000.00 $20,000.00$576,930.00 $839,130.25 $543,710.0012,000.00 $12,000.00 16,500.00 $16,500.00 15,000.00 $15,000.0012,000.00 $24,000.00 6,600.00 $13,200.00 3,500.00 $7,000.0075.00 $15,225.00 175.00 $35,525.00 135.00 $27,405.001,000.00 $60,000.00 760.00 $45,600.00 350.00 $21,000.00900.00 $54,000.00 800.00 $48,000.00 500.00 $30,000.004,000.00 $4,000.00 10,750.00 $10,750.00 8,000.00 $8,000.005,000.00 $5,000.00 4,600.00 $4,600.00 2,200.00 $2,200.008,000.00 $8,000.00 8,600.00 $8,600.00 7,500.00 $7,500.0015.00 $1,125.00 11.50 $862.50 10.00 $750.001,000.00 $1,000.00 650.00 $650.00 1,000.00 $1,000.001,500.00 $1,500.00 400.00 $400.00 450.00 $450.0015.00 $3,825.00 18.00 $4,590.00 35.00 $8,925.005610.B.aPacket Pg. 248Attachment: Rock Creek Culvert Replacement Bid Tab (2764 : Summit Landsburg Road and Rock Creek Summit Landsburg Road and Rock Creek Culvert Replacement Bid Opening: June 8, 2021, 1:00 PM Disclaimer: These preliminary bid results are provided as a convenience toTOTALITEM DESCRIPTION QTY UNITNO. contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.2112 Remove Steel Casing, 24-Inch 55 LF2254 Removal and Replacement of Unsuitable Material 20 CY2255 Shoring or Extra Excavation Class B 800 SF2295 Temporary Pavement 6TON2316 Utility Pothole 2 EA2317 Resolution of Utility Conflicts 1 FA2318 Minor Change for Water Improvements 1 ESTSUB TOTAL10.1% SALES TAXSCHEDULE II TOTALSCHEDULE III: SEWER3001 Mobilization (Schedule III)1LS3002 Remove Existing Asphalt Concrete Pavement 153 SY3003 Saw Cut Existing Asphalt Concrete Pavement 306 LF3004 Roadway Excavation Incl. Haul 195 CY3005 Abandon Existing Sanitary Sewer Force Main 1 LS3006 6-Inch Sewer Force Main, C900 346 LF3007 16-Inch Steel Casing141 LF3008 Connection to Existing Sewer Force Main 2 EA3116 Controlled Density Fill 10 CY3117 Filter Fabric Fence 306 LF3118 Wattle 306 LF3119 Trench Shoring Systems in Compliance with WISHA 306 LF3140 Crushed Surfacing Top Course, 5/8 Inch Minus 310TON3150 Gravel Borrow, Including Haul and Compaction 25TON3155 Temporary Pavement 15TON3160 HMA Class 1/2", PG 58H-22 60TON3316 Utility Pothole 2 EA3318 Minor Changes 1 CALCSUB TOTAL10.1% SALES TAXSCHEDULE III TOTALSCHEDULE IV: BRIDGE CONSTRUCTION4147 Temporary Stream Diversion 1 LS4148 Channel Excavation Incl. Haul 1,200 CY4149 Structure Excavation Class A Incl. Haul 700 CY4151 Shoring or Extra Excavation Class A 1 LS4152 Trimming and Cleanup1LS4165 Quarry Spalls 30TONRodarte Construction, Inc. Northwest Cascade, Inc. Engineer's Estimate17 East Valley Highway E. PO Box 73399 Steve LincolnAuburn, WA 98092 Puyallup, WA 98373 $2,645,821.26 $2,982,876.55 $2,300,400.19UNITTOTALUNITTOTALUNITTOTALPRICE AMOUNT PRICE AMOUNT PRICE AMOUNT5624.00 $1,320.00 38.00 $2,090.00 60.00 $3,300.0050.00 $1,000.00 115.00 $2,300.00 60.00 $1,200.001.00 $800.00 1.00 $800.00 2.00 $1,600.00300.00 $1,800.00 225.00 $1,350.00 300.00 $1,800.00600.00 $1,200.00 470.00 $940.00 1,000.00 $2,000.005,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.009,000.00 $9,000.00 9,000.00 $9,000.00 9,000.00 $9,000.00$209,795.00 $210,757.50 $153,130.00$21,189.30 $21,286.51 $15,466.13$230,984.30 $232,044.01 $168,596.1316,000.00 $16,000.00 16,000.00 $16,000.00 15,000.00 $15,000.0015.00 $2,295.00 12.00 $1,836.00 35.00 $5,355.005.00 $1,530.00 3.50 $1,071.00 20.00 $6,120.0035.00 $6,825.00 45.00 $8,775.00 35.00 $6,825.002,800.00 $2,800.00 1,500.00 $1,500.00 5,000.00 $5,000.0075.00 $25,950.00 67.00 $23,182.00 125.00 $43,250.00900.00 $126,900.00 825.00 $116,325.00 325.00 $45,825.003,500.00 $7,000.00 2,700.00 $5,400.00 2,500.00 $5,000.00225.00 $2,250.00 325.00 $3,250.00 150.00 $1,500.005.00 $1,530.00 5.00 $1,530.00 2.00 $612.004.50 $1,377.00 4.50 $1,377.00 40.00 $12,240.001.00 $306.00 1.00 $306.00 2.00 $612.0030.00 $9,300.00 36.00 $11,160.00 50.00 $15,500.0030.00 $750.00 40.00 $1,000.00 35.00 $875.00160.00 $2,400.00 225.00 $3,375.00 30.00 $450.00125.00 $7,500.00 172.00 $10,320.00 175.00 $10,500.00600.00 $1,200.00 470.00 $940.00 1,000.00 $2,000.0025,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00$240,913.00 $232,347.00 $201,664.00$24,332.21 $23,467.05 $20,368.06$265,245.21 $255,814.05 $222,032.0680,000.00 $80,000.00 282,000.00 $282,000.00 80,000.00 $80,000.0040.00 $48,000.00 46.00 $55,200.00 35.00 $42,000.0060.00 $42,000.00 46.00 $32,200.00 60.00 $42,000.0020,000.00 $20,000.00 1,000.00 $1,000.00 110,000.00 $110,000.003,000.00 $3,000.00 12,000.00 $12,000.00 1,000.00 $1,000.0080.00 $2,400.00 77.00 $2,310.00 50.00 $1,500.0010.B.aPacket Pg. 249Attachment: Rock Creek Culvert Replacement Bid Tab (2764 : Summit Landsburg Road and Rock Creek Summit Landsburg Road and Rock Creek Culvert Replacement Bid Opening: June 8, 2021, 1:00 PM Disclaimer: These preliminary bid results are provided as a convenience toTOTALITEM DESCRIPTION QTY UNITNO. contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.4166 Streambed Gravel 900TON4167 Rock for Erosion and Scour Protection Class B 180TON4216 Conc. Class 4000 for Bridge 125 CY4217 Conc. Class 4000D for Bridge80CY4218 St. Reinf. Bar for Bridge 36,800 LB4219 Epoxy Coated St. Reinf. Bar for Bridge 3,100 LB4220 Prestressed Conc. Girder W35DG 345 LF4221 Bridge Approach Slab 195 SY4222 Single Slope Concrete Barrier 220 LF4223 Conc. Class 4000 for Retaining Wall 15 CY4224 St. Reinf. Bar for Retaining Wall 2,200 LBSCHEDULE IV TOTALSCHEDULE V: TRAFFIC CONTROL5001 Project Temporary Traffic Control 1 LS5030 Portable Changeable Message Sign (PCMS)640 DAY5076 Permanent Signing1LS5116 Plastic Line 865 LF5117 Profiled Plastic Line 435 SFSCHEDULE V TOTALSCHEDULE VI: EROSION AND SEDIMENATION CONTROL6000 Seeding, Fertilizing, and Mulching0.1 AC6001 Stabilized Construction Entrance 180 SY6002 High Visibility Filter Fabric Fence 580 LF6003 High Visibility Fence 170 LF6010 Wattle 130 LF6011 Biodegradable Erosion Control Blanket 200 SY6030 ESC Lead 800 HR6055 Erosion/Water Pollution Control 1 FA6056 SPCC Plan 1 LSSCHEDULE VI TOTALSCHEDULE VII: ROADSIDE RESTORATION7005 Topsoil Type A 175 CY7014 Wood Chip Mulch 25 CY7021 PSIPE Vine Maple, 6-8' Tall 4 EA7022 PSIPE Slough Sedge, plug45 EA7023 PSIPE Red Twig Dogwood, live stake 7 EA7024 PSIPE Salal, 2-gallon 42 EARodarte Construction, Inc. Northwest Cascade, Inc. Engineer's Estimate17 East Valley Highway E. PO Box 73399 Steve LincolnAuburn, WA 98092 Puyallup, WA 98373 $2,645,821.26 $2,982,876.55 $2,300,400.19UNITTOTALUNITTOTALUNITTOTALPRICE AMOUNT PRICE AMOUNT PRICE AMOUNT5660.00 $54,000.00 72.00 $64,800.00 100.00 $90,000.0080.00 $14,400.00 72.00 $12,960.00 120.00 $21,600.001,275.00 $159,375.00 945.00 $118,125.00 1,320.00 $165,000.001,500.00 $120,000.00 1,775.00 $142,000.00 1,320.00 $105,600.002.25 $82,800.00 2.25 $82,800.00 2.50 $92,000.003.50 $10,850.00 3.25 $10,075.00 4.00 $12,400.001,100.00 $379,500.00 1,182.00 $407,790.00 700.00 $241,500.00450.00 $87,750.00 472.00 $92,040.00 500.00 $97,500.00320.00 $70,400.00 532.00 $117,040.00 200.00 $44,000.001,800.00 $27,000.00 1,762.00 $26,430.00 1,320.00 $19,800.002.25 $4,950.00 1.80 $3,960.00 2.50 $5,500.00550.00$1,206,425.00 $1,462,730.00 $1,171,400.00190,000.00 $190,000.00 21,000.00 $21,000.00 68,600.00 $68,600.0085.00 $54,400.00 67.00 $42,880.00 32.00 $20,480.001,500.00 $1,500.00 2,350.00 $2,350.00 1,050.00 $1,050.001.75 $1,513.75 4.50 $3,892.50 4.00 $3,460.008.00 $3,480.00 11.85 $5,154.75 5.00 $2,175.00$250,893.75 $75,277.25 $95,765.0022,000.00 $2,200.00 23,650.00 $2,365.00 25,000.00 $2,500.0030.00 $5,400.00 34.25 $6,165.00 30.00 $5,400.005.00 $2,900.00 5.15 $2,987.00 5.00 $2,900.004.50 $765.00 4.00 $680.00 5.00 $850.005.00 $650.00 4.60 $598.00 4.00 $520.006.00 $1,200.00 13.75 $2,750.00 10.00 $2,000.0050.00 $40,000.00 25.00 $20,000.00 12.50 $10,000.005,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00500.00 $500.00 350.00 $350.00 3,000.00 $3,000.00$58,615.00 $40,895.00 $32,170.0070.00 $12,250.00 80.00 $14,000.00 65.00 $11,375.0070.00 $1,750.00 80.00 $2,000.00 65.00 $1,625.00225.00 $900.00 225.00 $900.00 150.00 $600.0032.00 $1,440.00 34.00 $1,530.00 4.00 $180.0032.00 $224.00 34.00 $238.00 20.00 $140.0032.00 $1,344.00 34.00 $1,428.00 35.00 $1,470.0010.B.aPacket Pg. 250Attachment: Rock Creek Culvert Replacement Bid Tab (2764 : Summit Landsburg Road and Rock Creek Summit Landsburg Road and Rock Creek Culvert Replacement Bid Opening: June 8, 2021, 1:00 PM Disclaimer: These preliminary bid results are provided as a convenience toTOTALITEM DESCRIPTION QTY UNITNO. contractors for informational purposes only and do not identify lowestresponsible bidder. Bid review by staff and final award pending.7025 PSIPE Tall Oregon Grape, 2-gallon 55 EA7026 PSIPE Thimbleberry, 1-gallon 16 EA7027 PSIPE Salmonberry, 1-gallon 23 EA7028 PSIPE Snowberry, 2-gallon 29 EA7029 PSIPE Evergreen Huckleberry, 2-gallon 37 EA7030 Anchored Log Type B 4 EA7031 Habitat Log Type A 1 EA7032 Habitat Log Type B 5 EA7033 Habitat Log Type C 5 EA7034 Habitat Log Type D 6 EA SCHEDULE VII TOTALSUMMARY:SCHEDULE I TOTALSCHEDULE II TOTALSCHEDULE III TOTALSCHEDULE IV TOTALSCHEDULE V TOTALSCHEDULE VI TOTALSCHEDULE VII TOTALCONSTRUCTION CONTRACT TOTALRodarte Construction, Inc. Northwest Cascade, Inc. Engineer's Estimate17 East Valley Highway E. PO Box 73399 Steve LincolnAuburn, WA 98092 Puyallup, WA 98373 $2,645,821.26 $2,982,876.55 $2,300,400.19UNITTOTALUNITTOTALUNITTOTALPRICE AMOUNT PRICE AMOUNT PRICE AMOUNT5632.00 $1,760.00 34.00 $1,870.00 35.00 $1,925.0032.00 $512.00 34.00 $544.00 18.00 $288.0032.00 $736.00 34.00 $782.00 18.00 $414.0032.00 $928.00 34.00 $986.00 35.00 $1,015.0032.00 $1,184.00 34.00 $1,258.00 35.00 $1,295.002,750.00 $11,000.00 4,750.00 $19,000.00 4,000.00 $16,000.003,000.00 $3,000.00 3,750.00 $3,750.00 3,000.00 $3,000.001,800.00 $9,000.00 2,250.00 $11,250.00 2,000.00 $10,000.001,300.00 $6,500.00 1,810.00 $9,050.00 1,800.00 $9,000.00700.00 $4,200.00 1,400.00 $8,400.00 1,400.00 $8,400.00$56,728.00 $76,986.00 $66,727.00$576,930.00 $839,130.25 $543,710.00$230,984.30 $232,044.01 $168,596.13$265,245.21 $255,814.05 $222,032.06$1,206,425.00 $1,462,730.00 $1,171,400.00$250,893.75 $75,277.25 $95,765.00$58,615.00 $40,895.00 $32,170.00$56,728.00 $76,986.00 $66,727.00$2,645,821.26 $2,982,876.55 $2,300,400.1910.B.aPacket Pg. 251Attachment: Rock Creek Culvert Replacement Bid Tab (2764 : Summit Landsburg Road and Rock Creek