HomeMy WebLinkAboutCity Council Committees - Operations and Public Safety Committee - 11/16/2021 (2)
Operations and Public Safety
Committee
Tuesday, November 16, 2021
4:00 PM
Chambers
Masks are required regardless of vaccination status.
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 847 3322 4437
Chair Toni Troutner
Councilmember Bill Boyce Councilmember Brenda Fincher
Councilmember Satwinder Kaur Councilmember Marli Larimer
Councilmember Zandria Michaud Councilmember Les Thomas
**************************************************************
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Agenda Approval Chair 01 MIN.
4. Approval of Minutes YES Chair 01 MIN.
YES
1. Approval of November 2, Chair 05 MIN.
2021 Minutes
5. Business
YES
A. Payment of Bills - Authorize Paula Painter 01 MIN.
NO
B. INFO ONLY: September Michelle Ferguson 05 MIN.
2021 Financial Report
YES
C. Revisions to Terms of Land Derek Matheson 05 MIN.
Use and Planning Board
Members - Authorize
YES
D. 2022 Community Dinah Wilson 05 MIN.
Development Block Grant
Unless otherwise noted, the Operations and Public Safety Committee meets at 4 p.m. on the
first and third Tuesday of each month in Kent City Hall, Council Chambers East, 220 Fourth
Avenue South, Kent, WA 98032.
For additional information please contact Kim Komoto at 253-856-5728, or mail
Kkomoto@kentwa.gov.
Any pe
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Operations and Public Safety Committee CC Ops and November 16, 2021
PS Regular Meeting
Annual Action Plan - Adopt
YES
E. Renew Small Government Somen Palit 05 MIN.
Enterprise Agreement with Catherine Crook
ESRI, Inc. - Authorize
YES
F. Amendments to Consultant Brian Rambonga 10 MIN.
Services Agreement for IT
Temporary Staff - Authorize
NO
G. INFO ONLY: Red Light Assistant Chief 10 MIN.
Camera Program Hemmen
NO
H. INFO ONLY: Race and Uriel Varela 10 MIN.
Equity Strategic Plan Update
NO
I. INFO ONLY: Litter Signage - Chad Bieren 10 MIN.
From Budget Workshop
6. Adjournment Chair 01 MIN.
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Pending Approval
Operations and Public Safety
Committee
CC Ops and PS Special Meeting
Minutes
November 2, 2021
Date: November 2, 2021
Time: 3:32 p.m.
Place: Chambers
Attending: Toni Troutner, Chair
Bill Boyce, Councilmember
Brenda Fincher, Councilmember
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Zandria Michaud, Councilmember
Les Thomas Councilmember
Agenda:
1. Call to Order 3:32 p.m.
Council President Troutner called the meeting to order.
2. Roll Call
Attendee Name Title Status Arrived
Toni Troutner Chair Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Late 3:35 PM
Marli Larimer Councilmember Late 3:44 PM
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
3. Agenda Approval
1. I move to approve the agenda as presented.
RESULT: APPROVED \[UNANIMOUS\]
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MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Michaud, Thomas
4. Approval of Minutes
A. Approval of Minutes dated October 19, 2021
MOTION: Move to approve the Minutes dated October 19, 2021
Page 1 of 7
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Operations and Public Safety Committee CC Ops November 2, 2021
and PS Special Meeting Kent, Washington
Minutes
RESULT: APPROVED \[UNANIMOUS\]
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Michaud, Thomas
5. Business
A. Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills.
RESULT: MOTION PASSES \[UNANIMOUS\] Next: 11/16/2021 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Michaud, Thomas
B. 2022 Legislative Agenda - Adopt
Chief Administrative Officer Derek Matheson discussed the process for
developing the legislative agenda.
Briahna Murray, Vice President of Gordon Thomas Honeywell Governmental
Affairs, updated the Council on preparing for the 2022 Legislative Session.
Murray indicated the 2021 Legislative Session was immensely successful:
· Streamlinie Sales Tax Mitigation extended to 2026
· $2 million for Panther Lake Community Park
· Significant grant awards
Murray provided an overview of the upcoming 2022 Legislative Session that
will focus on supplemental budgets and policy bills.
Murray shared the Proposed Legislative Agenda document with the Council.
genda.
RESULT: MOTION PASSES \[UNANIMOUS\] Next: 11/16/2021 7:00 PM
MOVER: Les Thomas, Councilmember
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SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas
C. Government Affairs Contract-Second Amendment - Authorize
Matheson advised that the City of Kent has contracted with Gordon Thomas
services since 2018. This Amendment will extend the term through 2023 with
a 3% increase to the current amount.
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Operations and Public Safety Committee CC Ops November 2, 2021
and PS Special Meeting Kent, Washington
Minutes
MOTION: Authorize the Mayor to sign a Second Amendment to the
Consultant Services Agreement with Gordon Thomas Honeywell
Government Affairs, subject to final terms and conditions acceptable
to the Chief Administrative Officer and City Attorney.
RESULT: MOTION PASSES \[UNANIMOUS\] Next: 11/16/2021 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas
D. Consolidating Budget Adjustment Ordinance for Adjustments
between July 1, 2021 and September 30, 2021.
Financial Planning Manager Michelle Ferguson presented the consolidated
budget adjustments for July 1, 2021 through September 30, 2021 that
reflect an overall increase of $13,202,218. Ferguson reviewed the previously
approved items and budget increases pending approval.
MOTION: I move to Adopt Ordinance No. 4413, approving the
consolidating budget adjustments made between July 1, 2021 and
September 30, 2021, reflecting an overall budget increase of
$13,102,218.
RESULT: MOTION PASSES \[UNANIMOUS\] Next: 11/16/2021 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas
E. Comprehensive Plan Amendment 2022-2027 Capital Improvement
Program Ordinance Adopt
Finance Director Paula Painter provided an overview of the six-year Capital
Improvement Program:
Required component of the Growth Management Act - passed by Washington
State Legislature in 1990.
To meet this requirement, the City creates a six-year Capital Improvement
Program.
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The plan states the recommended financing methods and projects to meet
public facility needs in order to maintain established levels of service.
ensive plan.
The first year of the plan (2022) is included in the mid-biennium budget
adjustment.
Painter reviewed the total revenues by source funds and expenditures by
projects for 2022-2027.
MOTION: I move to adopt Ordinance No. 4414, amending the Capital
Facilities Element of the Kent Comprehensive Plan to include the
2022-2027 Capital Improvement Program.
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Operations and Public Safety Committee CC Ops November 2, 2021
and PS Special Meeting Kent, Washington
Minutes
RESULT: MOTION PASSES \[UNANIMOUS\] Next: 11/16/2021 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas
F. Ordinance Amending the Comprehensive Plan to Adopt the Capital
Facilities Plans of the Kent, Auburn, and Federal Way School Districts
- Adopt
Hayley Bonsteel, Long Range Planning Manager, provided details on the
Ordinance Amending the Comprehensive Plan to Adopt the Capital Facilities
Plans of the Kent, Auburn and Federal Way School Districts' Capital Facilities
Plans into the Kent Comprehensive Plan Capital Facilities Element.
The Kent City Code provides for imposition of school impact fees on behalf of
any school district which provides to the City annual updates of their capital
facilities plan; the plans are adopted by reference as part of the Capital
Facilities Element of the Kent Comprehensive Plan. This ordinance is the
Capital Facilities Plans into the Kent Comprehensive Plan Capital Facilities
Element.
MOTION: I move to adopt Ordinance No. 4415, amending the Capital
Facilities Element of the Comprehensive Plan by adopting the Kent,
-2027 Capital
Facilities Plans.
RESULT: MOTION PASSES \[UNANIMOUS\] Next: 11/16/2021 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas
G. Ordinance Adopting Updated School Impact Fees - Adopt
Bonsteel advised that each year, the City of Kent incorporates Capital
Facilities Plans for area school districts into the Capital Facilities Element of
the Kent Comprehensive Plan. Timely submittal of a Capital Facilities Plan is a
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prerequisite to assessment of a school impact fee on residential construction.
This year, Kent, Auburn, and the Federal Way School Districts submitted
plans, including impact fee calculation updates. Neither the Highline School
District nor the Renton School District submitted Capital Facility Plans for this
Impact fees for the Kent, Auburn, and Federal Way School Districts are
proposed to be updated in accordance with these most recent calculations,
and the proposed ordinance imposes those revised impact fee calculations.
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Operations and Public Safety Committee CC Ops November 2, 2021
and PS Special Meeting Kent, Washington
Minutes
MOTION: I move to adopt Ordinance No. 4416, amending Section
12.13.160 of the Kent City Code to adjust the school impact fee
schedules for the Kent, Auburn, and Federal Way School Districts.
RESULT: MOTION PASSES \[UNANIMOUS\] Next: 11/16/2021 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas
H. Ordinance Amending the Comprehensive Plan to Adopt the Puget
-2027 Capital Improvement
Plan and Updated Impact Fees - Adopt
Bonsteel advised the Kent City Code authorizes fire impact fees in Chapter
12.15, pursuant to Chapter 82.02 RCW. The impact fee is based on the
capital facilities and equipment plan developed by the Puget Sound Regional
Fire Authority and approved by the Puget Sound Regional Fire Authority
governing board. This ordinance incorporates the 2022-2027 Capital
Improvement Plan adopted by the Puget Sound Regional Fire Authority into
the Comprehensive Plan Capital Facilities Element, and updates Fire Impact
Fees per Attachment A to the Ordinance.
MOTION: I move to adopt Ordinance No. 4417, amending the Capital
Facilities Element of the Comprehensive Plan by adopting the Puget
-2027 Capital Improvement
Plan, including updating Fire Impact Fees.
RESULT: MOTION PASSES \[UNANIMOUS\] Next: 11/16/2021 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas
I. Property Tax Levy Ordinance - Adopt
Painter advised that the estimated 2022 general levy rate is lower than the
2021 rate. The estimated cost on the median home value of $395,000 will
decrease from $523 to $510. The median home values are estimated to
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increase by 5%.
MOTION: I move to adopt Ordinance No. 4418, approving the
property tax levy ordinance for the 2022 budget.
RESULT: MOTION PASSES \[UNANIMOUS\] Next: 11/16/2021 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas
J. 2022 Mid-Biennium Budget Adjustment Ordinance - Adopt
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Operations and Public Safety Committee CC Ops November 2, 2021
and PS Special Meeting Kent, Washington
Minutes
Painter provided an overview of the Mid-Biennium Budget Adjustment
Ordinance as follows:
th
The Mayor presented her proposed budget to Council on September 28.
The proposed expenditure budget totals $421,309,650 and includes a
$128,926,590 General Fund budget.
The proposal also includes the use of fund balance within the General Fund of
$1,700,180.
This budget adjustment includes changes to operating and capital
expenditures in addition to grant expenditures related to ARPA funding.
MOTION: I move to adopt Ordinance No. 4419, approving the 2022
Mid-Biennial Budget modifications.
RESULT: MOTION PASSES \[UNANIMOUS\] Next: 11/16/2021 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas
K. Cooperative Agreement with CDW-G for Computer Laptops, Monitors
and Associated Accessories - Authorize
James Endicott, Infrastructure and Security Operations Center Manager,
provided an overview of the Cooperative Agreement with CDW-G for
Computer Laptops, Monitors and Associated Accessories.
This contract is for the purchase of technology products and equipment
through the cooperative agreement CDW Government, LLC has with KCDA in
order to provide City employees with upgraded and compatible computer
laptops, monitors and associated accessories for City workstations. Updates
in computer technology require us to periodically refresh our workstation
equipment for compatibility, security, and durability. IT needs to purchase
laptops, monitors and accessories to upgrade and refresh its supply for City
use as equipment within many workstations is old and frequently breaks.
purchase technology supplies, materials, equipment, and software
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through cooperative purchasing agreement #AEPA-018A, between
member of the Association of Educational Purchasing Agencies, if
those purchases are within established budgets and made during the
term of the cooperative agreement, which is currently in effect
through February 28, 2022, and ratify all prior purchases under that
cooperative agreement and consistent with this motion.
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Operations and Public Safety Committee CC Ops November 2, 2021
and PS Special Meeting Kent, Washington
Minutes
RESULT: MOTION PASSES \[UNANIMOUS\] Next: 11/16/2021 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas
6. Adjournment 4:20 p.m.
Kimberley Komoto
Committee Secretary
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6/B
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: November 16, 2021
TO: Operations and Public Safety Committee
SUBJECT: Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills.
SUMMARY:
BUDGET IMPACT:
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6/C
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: November 16, 2021
TO: Operations and Public Safety Committee
SUBJECT: INFO ONLY: September 2021 Financial Report
SUMMARY: Michelle Ferguson, Financial Planning Manager, will report out the
September 2021 financial report.
ATTACHMENTS:
1. September 2021 Monthly FInancial Report (PDF)
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September 2021 Monthly Financial Report
City of Kent, Washington
General Fund Overview
%Variance
Variance
202120212021
FavorableFavorable
Adj BudgetYTDEst Actual
(Unfavorable)(Unfavorable)
108,639,65072,921,787112,945,4704,305,8204.0%
Revenues
114,695,47068,922,994111,007,0003,688,4703.2%
Expenditures
(6,055,820)3,998,7931,938,4707,994,290
Net Revenues Less Expenditures
41,969,90041,969,90041,969,900
Beginning Fund Balance
35,914,08045,968,69343,908,370
Ending Fund Balance
Ending Fund Balance Detail:
35,652,28943,646,580
General Fund Reserves
31.1%39.3%
261,791261,790
Restricted for Annexation
Required Ending Fund Balance Calculation
Estimated Expenditures for 2021
114,695,470111,007,000
(from above)
18.0%18.0%
18% GF Ending Fund Balance20,645,18519,981,260
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September 2021 Monthly Financial Report
City of Kent, Washington
General Fund Overview - Revenues
Variance %Variance
202120212021
Revenue CategoriesFavorableFavorable
Adj BudgetYTDEst Actual
(Unfavorable)(Unfavorable)
Taxes:
Property31,684,60017,680,96132,150,280465,6801.5%
Sales & Use19,132,66018,183,58124,179,8505,047,19026.4%
Utility19,408,17015,165,95919,828,190420,0202.2%
Business & Occupation17,000,0008,317,89416,799,250(200,750)-1.2%
Other866,260225,840427,300(438,960)-50.7%
Licenses and Permits6,786,9805,238,2757,238,190451,2106.6%
Intergovernmental Revenue2,899,0502,408,6743,086,900187,8506.5%
Charges for Services5,695,1403,566,3244,974,170(720,970)-12.7%
Fines and Forfeitures1,158,500695,079939,950(218,550)-18.9%
Miscellaneous Revenue2,630,5901,439,2001,943,690(686,900)-26.1%
Transfers In1,377,700- 1,377,700-
Total Revenues108,639,65072,921,787112,945,4704,305,8204.0%
Variance analysis for revenues is provided for particular line items or those in which the estimated actual amount
differs from the budgeted amount by at least 10% or minimum of $500,000.
Variance Notes
Sales & Use Tax: $5.0m favorable variance due to higher than anticipated sales tax revenues due to a strong
construction and retail economy.
Other Taxes: $439k unfavorable variance primarily due to lower than anticipated Admissions Tax revenues.
Charges for Services: $721k unfavorable variance due primarily to lower than anticipated culture and rec charges.
Fines & Forfeitures: $219k unfavorable variance due primarily to lower than anticipated criminal and civil penalties.
Miscellaneous Revenues: $687k unfavorable variance due primarily to decreased interest income and donations.
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6/C/b
September 2021 Monthly Financial Report
City of Kent, Washington
General Fund Revenues ($ in Thousands)
All Revenues Sources
Prior Year Budgeted Actual
RevenuesRevenuesRevenues
January6,8776,2135,898
February5,7365,4864,174
March6,7747,8876,127
April16,92517,74221,521
May8,5888,0647,927
June7,6916,5745,491
July6,3767,5059,733
August4,9955,6546,326
September5,3286,6075,725
October19,96318,7610
November8,2117,6310
December11,26710,5160
Total108,732108,64072,922
Property Tax
Prior Year Budgeted Actual
RevenuesRevenuesRevenues
January0120
February247248217
March1,4611,0341,438
April9,32812,35913,218
May3,1992,3981,945
June2,242618198
July19614680
August152117190
September538624394
October10,67311,8140
November3,1092,0730
December2322420
Total31,37531,68517,681
Sales Tax
Prior Year Budgeted Actual
RevenuesRevenuesRevenues
January2,1581,5001,802
February2,4251,8032,264
March2,1431,4931,786
April1,9291,3881,753
May1,9591,6202,270
June2,1271,4362,005
July6391,3602,061
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August1,9061,7032,172
September1,9091,5742,070
October1,8291,6260
November2,0531,7370
December2,5521,8930
Total23,63019,13318,184
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September 2021 Monthly Financial Report
City of Kent, Washington
General Fund Revenues ($ in Thousands)
Utility Tax
Prior Year Budgeted Actual
RevenuesRevenuesRevenues
January2,0331,9552,141
February1,7791,7661,215
March1,6271,6881,583
April1,8451,7711,700
May1,5811,5801,542
June1,4941,4691,312
July1,3301,5792,420
August1,4731,4871,632
September1,5191,7101,621
October1,5611,4610
November1,5071,5590
December1,2221,3840
Total18,97119,40815,166
Other Taxes
Prior Year Budgeted Actual
RevenuesRevenuesRevenues
January23283
February132
March33230(156)
April2,7652,6492,912
May8981,2211,008
June117205203
July2,9373,3372,966
August7728151,219
September92144107
October2,9793,6470
November9247400
December3,6834,8720
Total15,20317,8668,544
Other Revenues
(Intergovernmental, Licenses & Permits, Charges for Service, Fines & Forfeits, and Misc Revenues)
Prior Year Budgeted Actual
RevenuesRevenuesRevenues
January2,6841,8891,672
February1,284858475
March1,5082,1601,476
April1,0591,4691,938
May9511,2401,161
June1,7112,1291,773
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July1,2751,4852,205
August6921,1311,113
September1,2721,9741,533
October2,9211,8200
November6181,2850
December3,5793,1090
Total19,55420,54813,348
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September 2021 Monthly Financial Report
City of Kent, Washington
General Fund Overview - Expenditures
Variance %Variance
202120212021
DepartmentFavorable
Favorable
Adj BudgetYTDEst Actual
(Unfavorable)(Unfavorable)
City Council279,960207,144273,9606,0002.1%
Administration2,786,2701,844,9132,536,000250,2709.0%
Economic & Community Dev8,228,3805,460,7587,898,250330,1304.0%
Finance2,799,7801,896,6232,604,240195,5407.0%
Fire Contracted Services3,795,9002,708,9773,707,35088,5502.3%
Human Resources1,613,7301,103,7201,532,03081,7005.1%
Law1,503,3501,045,7611,422,64080,7105.4%
Municipal Court3,793,4202,519,9343,520,330273,0907.2%
Parks, Recreation & Comm Svcs19,841,42012,345,15817,688,9702,152,45010.8%
Police45,548,79033,203,86445,318,760230,0300.5%
Non-Departmental24,504,4706,586,14224,504,470
Total Expenditures114,695,47068,922,994111,007,0003,688,4703.2%
Variance analysis for expenditures is provided for particular departments or those in which the estimated actual
amount differs from the budgeted amount by at least 10% or a minimum of $500,000.
Variance Notes
Parks, Recreation, & Community Services: Estimated spend by Parks, Recreation, & Community Services is
$2.2m under budget due to the impacts of Covid-19, specifically reductions in S&B ($1.1m), Services ($1.1m) and
pplies ($50k).
su
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September 2021 Monthly Financial Report
City of Kent, Washington
General Fund
20192020202120212021
ActualActualAdj BudgetYTDEst Actual
Beginning Fund Balance23,750,46134,399,77541,969,90041,969,90041,969,900
Revenues
Taxes:
Property30,731,78631,374,82731,684,600 17,680,961 32,150,280
Sales & Use27,121,40023,629,97219,132,660 18,183,581 24,179,850
Utility19,600,34718,970,71519,408,170 15,165,959 19,828,190
Business & Occupation12,999,56414,784,79517,000,000 8,317,894 16,799,250
Other963,837418,235866,260 225,840 427,300
Licenses and Permits7,483,6437,223,4206,786,980 5,238,275 7,238,190
Intergovernmental Revenue6,645,9623,196,7012,899,050 2,408,674 3,086,900
Charges for Services7,996,8463,658,2325,695,140 3,566,324 4,974,170
Fines and Forfeitures1,289,334776,9481,158,500 695,079 939,950
Miscellaneous Revenue3,586,9791,954,9372,630,590 1,439,200 1,943,690
Transfers In984,4114,820,3431,377,700 - 1,377,700
Total Revenues119,404,108110,809,127108,639,65072,921,787112,945,470
Expenditures
City Council392,115384,062279,960207,144273,960
Administration2,768,2731,774,8082,786,2701,844,9132,536,000
Economic & Community Dev7,044,2176,711,4898,228,3805,460,7587,898,250
Finance3,236,9602,323,6362,799,7801,896,6232,604,240
Fire Contracted Services3,927,0883,674,4013,795,9002,708,9773,707,350
Human Resources2,047,1021,405,2191,613,7301,103,7201,532,030
Information Technology513,448172,932
Law1,801,5071,452,0881,503,3501,045,7611,422,640
Municipal Court3,646,2753,402,3143,793,4202,519,9343,520,330
Parks, Recreation & Comm Svcs18,396,67816,631,89919,841,42012,345,15817,688,970
Police43,849,28943,464,67945,548,79033,203,86445,318,760
Public Works1,208,835629,087
Non-Departmental20,332,20420,802,82624,504,4706,586,14224,504,470
109,163,991102,829,440114,695,470
Total Expenditures68,922,994111,007,000
Net Revenues less Expenditures10,240,1177,979,686(6,055,820)3,998,7931,938,470
Ending Fund Balance33,990,57842,379,46135,914,08045,968,69343,908,370
Ending Fund Balance Detail:
General Fund Reserves32,309,35840,962,23135,652,28943,646,580
based on same year actuals/budget29.6%39.8%31.1%39.3%
Restricted for Annexation1,681,2201,417,230261,791261,790
Buubdinfou;!Tfqufncfs!3132!Npouimz!GJobodjbm!Sfqpsu!!)3:34!;!JOGP!POMZ;!Tfqufncfs!3132!Gjobodjbm!Sfqpsu*
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6/C/b
September 2021 Monthly Financial Report
City of Kent, Washington
General Fund
Year-to-Year Month Comparison
201920202021% of2021-20
thru Septhru Septhru SepBudgetVariance
Revenues
Taxes:
Property17,262,614 17,361,615 17,680,961 319,345 1.8%55.8%
Sales & Use19,582,047 17,139,737 18,183,581 1,043,845 6.1%95.0%
Utility14, 14,680,230478,653 15,165,959 485,729 3.3%78.1%
Business & Occupation6,049,391 7,315,175 8,317,894 1,002,719 13.7%48.9%
Other478,402 301,342 225,840 (75,502) -25.1%26.1%
Licenses and Permits5,711,936 4,770,975 5,238,275 467,300 9.8%77.2%
Intergovernmental Revenue5,659,715 2,369,866 2,408,674 38,808 1.6%83.1%
Charges for Services5,465,708 2,737,610 3,566,324 828,714 30.3%62.6%
Fines and Forfeitures830,245 752,331 695,079 (57,252) -7.6%60.0%
Miscellaneous Revenue2,210,678 1,355,869 1,439,200 83,331 6.1%54.7%
Transfers In37,631 450,000 - (450,000) -100.0%
Total Revenues77,767,02069,234,75272,921,7873,687,0355.3%67.1%
Expenditures
City Council(87,751)-29.8%74.0%
294,896292,078 207,144
Administration427,04230.1%66.2%
1,417,8711,985,330 1,844,913
Economic & Community Dev378,0887.4%66.4%
5,082,6705,088,302 5,460,758
Finance224,69913.4%67.7%
1,671,9252,517,908 1,896,623
Fire Contracted Services(25,781)-0.9%71.4%
2,734,7582,938,746 2,708,977
Human Resources(13,313)-1.2%68.4%
1,117,0331,535,873 1,103,720
(172,932)-100.0%
Information Technology -
172,932385,716
Law(40,464)-3.7%69.6%
1,086,2251,318,024 1,045,761
Municipal Court23,0650.9%66.4%
2,496,8692,666,194 2,519,934
Parks, Recreation & Comm Svcs605,4175.2%62.2%
11,739,74113,502,284 12,345,158
Police904,8202.8%72.9%
32,299,04432,134,194 33,203,864
Public Works(629,087)-100.0%
629,087844,834 -
Non-Departmental(981,521)-13.0%26.9%
7,567,6633,096,196 6,586,142
Total Expenditures68,305,68068,310,71468,922,994612,2800.9%60.1%
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*General Govt. includes City Council, Mayor/Clerk, HR, IT, & Finance
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6/C/b
September 2021 Monthly Financial Report
City of Kent, Washington
Fund Balances
2021
202120212021Estimated
BeginningEstimatedEstimatedEnding Fund
Fund BalanceRevenuesExpendituresBalance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
General Fund
General Fund41,969,901112,945,470111,007,00043,908,371
Special Revenue Funds
Street Fund7,403,91218,786,88016,208,4409,982,352
LEOFF 1 Retiree Benefits1,582,2641,254,0401,488,3801,347,924
Lodging Tax73,678199,600179,09094,188
Youth/Teen Programs281,622970,090924,390327,322
Capital Resources14,023,50525,856,14019,091,21020,788,435
Criminal Justice8,271,5919,528,0208,325,2309,474,381
ShoWare Operating2,990,845900,0002,284,9801,605,865
Other Operating567,507109,320109,220567,607
Debt Service Funds
Councilmanic Debt Service2,380,6977,408,2407,204,6602,584,277
Special Assessments Debt Service97,612710,530858,320(50,178)
Enterprise Funds
Water Utility14,447,09330,990,22028,305,61017,131,703
Sewer Utility2,409,86535,575,53033,807,7604,177,635
Drainage Utility18,807,59524,364,94023,048,63020,123,905
Solid Waste Utility437,037894,3301,022,700308,667
Golf Complex2,270,6662,653,0004,557,000366,666
Internal Service Funds
Fleet Services3,281,4215,760,5905,376,8703,665,141
Central Services87,729381,700354,030115,399
Information Technology2,340,14910,765,92010,746,1702,359,899
Facilities3,097,0015,963,3805,768,7203,291,661
Unemployment1,373,716156,150186,9101,342,956
Workers Compensation2,284,9001,101,9101,603,6501,783,160
Buubdinfou;!Tfqufncfs!3132!Npouimz!GJobodjbm!Sfqpsu!!)3:34!;!JOGP!POMZ;!Tfqufncfs!3132!Gjobodjbm!Sfqpsu*
Employee Health & Wellness7,561,69515,983,00015,007,9808,536,715
Liability Insurance(891,300)7,670,0804,129,1502,649,630
Property Insurance714,743613,920687,550641,113
Other Funds
Impact Fee Trust Fund3,685,9603,685,960
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6/C/b
September 2021 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
20192020202120212021
ActualActualAdj BudgetYTDEst Actual
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Special Revenue Funds
Street Fund
Revenues17,415,00019,350,92817,518,85010,190,29618,786,880
Expenditures18,858,48619,205,26617,662,2007,959,71216,208,440
Net Revenues Less Expenditures(1,443,485)145,662(143,350)2,230,5852,578,440
LEOFF 1 Retiree Benefits
Revenues1,401,7861,232,5751,272,430748,4361,254,040
Expenditures1,352,6241,571,5851,541,9801,103,0881,488,380
Net Revenues Less Expenditures49,162(339,010)(269,550)(354,652)(234,340)
Lodging Tax
Revenues314,588158,384239,110139,819199,600
Expenditures465,527270,532179,190114,495179,090
Net Revenues Less Expenditures(150,940)(112,148)59,92025,32420,510
Youth/Teen Programs
Revenues941,240897,527924,390739,287970,090
Expenditures957,730691,260924,3905,850924,390
Net Revenues Less Expenditures(16,490)206,267733,43645,700
Capital Resources
Revenues22,567,13022,885,70716,533,85019,260,06025,856,140
Expenditures19,339,04627,520,42619,091,2103,637,86719,091,210
Net Revenues Less Expenditures3,228,084(4,634,719)(2,557,360)15,622,1936,764,930
Criminal Justice
Revenues7,054,2228,673,7948,193,6306,976,0899,528,020
Expenditures6,432,3778,504,6728,686,8505,173,5478,325,230
Net Revenues Less Expenditures621,845169,122(493,220)1,802,5421,202,790
ShoWare Operating
Revenues1,456,3111,512,5891,150,000855900,000
Expenditures1,089,7631,451,7522,284,9801,218,0572,284,980
Net Revenues Less Expenditures366,54860,837(1,134,980)(1,217,202)(1,384,980)
Other Operating
Revenues185,821105,155109,320109,320
Expenditures178,558106,003109,32053,660109,220
Net Revenues Less Expenditures7,263(848)(53,660)100
Debt Service Funds
Councilmanic Debt Service
Revenues10,266,9239,144,5876,997,8402,314,8117,408,240
Expenditures9,802,0978,679,7617,204,6602,344,0307,204,660
Net Revenues Less Expenditures464,826464,826(206,820)(29,219)203,580
pecial Assessment Debt Service
S
Revenues1,339,332784,469728,560476,851710,530
Expenditures1,119,3931,386,712858,4204,583858,320
Net Revenues Less Expenditures219,939(602,243)(129,860)472,269(147,790)
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6/C/b
September 2021 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
20192020202120212021
ActualActualAdj BudgetYTDEst Actual
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Enterprise Funds
Water Utility
Revenues28,578,90329,573,42429,573,29023,242,66830,990,220
Expenditures30,237,15626,464,13329,907,18014,861,92528,305,610
Net Revenues Less Expenditures(1,658,253)3,109,291(333,890)8,380,7432,684,610
Sewer Utility
Revenues33,063,79833,513,29433,234,65026,681,64735,575,530
Expenditures31,664,33932,252,70633,134,74022,911,69733,807,760
Net Revenues Less Expenditures1,399,4581,260,58899,9103,769,9501,767,770
Note: Sewer Utility was combined with Drainage Utility in 2018.
Drainage Utility
Revenues26,947,64424,537,48323,688,63017,512,92224,364,940
Expenditures25,690,58721,804,80224,172,96013,048,50323,048,630
Net Revenues Less Expenditures1,257,0572,732,681(484,330)4,464,4191,316,310
Solid Waste Utility
Revenues874,164837,3091,119,760614,392894,330
Expenditures809,006876,8711,304,290724,8321,022,700
Net Revenues Less Expenditures65,158(39,562)(184,530)(110,440)(128,370)
Golf Complex
Revenues2,698,6095,938,1832,861,6602,002,0622,653,000
Expenditures2,636,1103,070,8994,653,4903,873,0314,557,000
Net Revenues Less Expenditures62,4992,867,283(1,791,830)(1,870,969)(1,904,000)
Internal Service Funds
Fleet Services
Revenues8,514,1595,478,5895,516,1004,317,1695,760,590
Expenditures6,413,5006,559,5396,202,8203,504,3285,376,870
Net Revenues Less Expenditures2,100,659(1,080,950)(686,720)812,841383,720
Central Services
Revenues367,717309,535428,030263,983381,700
Expenditures326,927277,640404,190222,576354,030
Net Revenues Less Expenditures40,79031,89523,84041,40727,670
Information Technology
Revenues9,063,6039,062,09910,600,2307,756,77710,765,920
Expenditures8,702,49010,531,89210,790,2207,836,71610,746,170
Net Revenues Less Expenditures361,113(1,469,793)(189,990)(79,939)19,750
Facilities
Revenues5,417,6086,327,1406,863,2604,247,5645,963,380
Expenditures5,035,5055,125,0268,510,9403,903,9965,768,720
Net Revenues Less Expenditures382,1031,202,114(1,647,680)343,568194,660
Unemployment
Revenues178,465166,229148,630117,481156,150
Expenditures220,850151,350238,140140,501186,910
Net Revenues Less Expenditures(42,384)14,879(89,510)(23,019)(30,760)
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6/C/b
September 2021 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
20192020202120212021
ActualActualAdj BudgetYTDEst Actual
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Workers Compensation
Revenues1,289,3641,551,5221,159,680833,9341,101,910
Expenditures1,928,1012,106,6161,545,2401,199,9831,603,650
Net Revenues Less Expenditures(638,737)(555,093)(385,560)(366,050)(501,740)
Employee Health & Wellness
Revenues15,629,64915,929,22416,205,06012,047,49115,983,000
Expenditures13,786,30814,097,29815,771,03010,527,36015,007,980
Net Revenues Less Expenditures1,843,3421,831,926434,0301,520,131975,020
Liability Insurance
Revenues2,798,49338,1047,140,7106,995,0847,670,080
Expenditures1,753,5452,852,6652,331,5403,546,2624,129,150
Net Revenues Less Expenditures1,044,947(2,814,561)4,809,1703,448,8223,540,930
Property Insurance
Revenues1,328,717578,755588,620460,339613,920
Expenditures1,213,255587,011583,9201,001,882687,550
Net Revenues Less Expenditures115,462(8,257)4,700(541,543)(73,630)
Other Funds
Impact Fee Trust Fund
Revenues3,685,9602,294,1393,685,960
Expenditures3,685,9602,088,3523,685,960
Net Revenues Less Expenditures205,787
Buubdinfou;!Tfqufncfs!3132!Npouimz!GJobodjbm!Sfqpsu!!)3:34!;!JOGP!POMZ;!Tfqufncfs!3132!Gjobodjbm!Sfqpsu*
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6/C/b
September 2021 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2019202020212021-2020
thru Septhru Septhru SepVariance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Special Revenue Funds
Street Fund
Revenues10,318,4409,170,11110,190,2961,020,18511.1%
Expenditures10,975,1267,396,2767,959,712563,4357.6%
Net Revenues Less Expenditures(656,686)1,773,8352,230,585
LEOFF 1 Retiree Benefits
Revenues830,718752,692748,436(4,256)-0.6%
penditures1,020,6321,225,0471,103,088(121,959)-10.0%
Ex
penditures(189,914)(472,355)(354,652)
Net Revenues Less Ex
Lodging Tax
Revenues221,038131,253139,8198,5666.5%
Expenditures345,400176,522114,495(62,027)-35.1%
Net Revenues Less Expenditures(124,361)(45,269)25,324
Youth/Teen Programs
Revenues687,613710,690739,28728,5964.0%
penditures5,3185,85053310.0%
Ex
penditures687,613705,373733,436
Net Revenues Less Ex
Capital Resources
Revenues13,127,22114,688,25719,260,0604,571,80331.1%
Expenditures3,542,3324,637,6863,637,867(999,819)-21.6%
Net Revenues Less Expenditures9,584,88910,050,57115,622,193
Criminal Justice
Revenues4,232,2695,449,1806,976,0891,526,90828.0%
penditures4,252,8355,306,6845,173,547(133,137)-2.5%
Ex
penditures(20,566)142,4961,802,542
Net Revenues Less Ex
ShoWare Operating
Revenues205,863128,429855(127,574)-99.3%
Expenditures744,2871,418,1681,218,057(200,111)-14.1%
Net Revenues Less Expenditures(538,424)(1,289,738)(1,217,202)
Admissions Tax revenues received quarterly(April, July, September, January)
Other Operating
Revenues
Expenditures114,769106,02253,660(52,362)-49.4%
Net Revenues Less Expenditures(114,769)(106,022)(53,660)
Combines several small programs, including City Art Program and Neighborhood Matching Grants
Buubdinfou;!Tfqufncfs!3132!Npouimz!GJobodjbm!Sfqpsu!!)3:34!;!JOGP!POMZ;!Tfqufncfs!3132!Gjobodjbm!Sfqpsu*
Debt Service Funds
Councilmanic Debt Service
(95,282)-4.0%
Revenues2,510,9012,410,0932,314,811
penditures2,543,1992,494,3412,344,030(150,311)-6.0%
Ex
penditures(32,298)(84,247)(29,219)
Net Revenues Less Ex
Debt service payments are generally due in June and December.
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6/C/b
September 2021 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2019202020212021-2020
thru Septhru Septhru SepVariance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Special Assessments Debt Service
Revenues732,847246,419476,851230,43293.5%
Expenditures441,072330,6124,583(326,029)-98.6%
Net Revenues Less Expenditures291,775(84,193)472,269
Enterprise Funds
Water Utility
Revenues23,132,99221,364,26623,242,6681,878,4028.8%
Expenditures14,308,41214,781,47914,861,92580,4450.5%
Net Revenues Less Expenditures8,824,5806,582,7878,380,743
Sewer Utility
Revenues24,751,01925,095,34926,681,6471,586,2986.3%
Expenditures21,584,23021,710,89522,911,6971,200,8025.5%
Net Revenues Less Expenditures3,166,7893,384,4543,769,950
Note: Sewer Utility was combined with Drainage Utility in 2018.
Drainage Utility
Revenues19,255,41817,303,27017,512,922209,6521.2%
penditures11,154,32411,819,84913,048,5031,228,65410.4%
Ex
penditures8,101,0945,483,4214,464,419
Net Revenues Less Ex
Note: Sewer Utility was combined with Drainage Utility in 2018.
Solid Waste Utility
Revenues606,497586,049614,39228,3424.8%
penditures547,285748,523724,832(23,690)-3.2%
Ex
penditures59,212(162,473)(110,440)
Net Revenues Less Ex
Golf Complex
Revenues2,039,4505,234,1912,002,062(3,232,129)-61.8%
penditures2,121,6581,889,7933,873,0311,983,238104.9%
Ex
penditures(82,208)3,344,398(1,870,969)
Net Revenues Less Ex
Internal Service Funds
Fleet Services
Revenues5,792,9684,170,9894,317,169146,1803.5%
penditures4,949,7374,401,9943,504,328(897,665)-20.4%
Ex
penditures843,231(231,005)812,841
Net Revenues Less Ex
Central Services
Revenues267,051224,814263,98339,16917.4%
Expenditures227,306186,480222,57636,09619.4%
Net Revenues Less Expenditures39,74438,33541,407
Buubdinfou;!Tfqufncfs!3132!Npouimz!GJobodjbm!Sfqpsu!!)3:34!;!JOGP!POMZ;!Tfqufncfs!3132!Gjobodjbm!Sfqpsu*
Information Technology
Revenues6,914,1706,697,2567,756,7771,059,52015.8%
penditures6,526,4847,123,6257,836,716713,09110.0%
Ex
penditures387,686(426,369)(79,939)
Net Revenues Less Ex
Facilities
Revenues3,954,2993,964,1704,247,564283,3947.1%
Expenditures3,156,0953,265,3163,903,996638,68019.6%
Net Revenues Less Expenditures798,203698,854343,568
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6/C/b
September 2021 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2019202020212021-2020
thru Septhru Septhru SepVariance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Unemployment
Revenues122,927121,783117,481(4,302)-3.5%
penditures171,500141,718140,501(1,217)-0.9%
Ex
Net Revenues Less Expenditures(48,573)(19,934)(23,019)
Workers Compensation
Revenues974,9011,128,826833,934(294,892)-26.1%
Expenditures911,268940,8661,199,983259,11827.5%
Net Revenues Less Expenditures63,633187,960(366,050)
Employee Health & Wellness
Revenues11,464,24611,766,14712,047,491281,3442.4%
penditures10,160,0499,691,53710,527,360835,8238.6%
Ex
penditures1,304,1972,074,6111,520,131
Net Revenues Less Ex
Liability Insurance
Revenues1,602,5211,854,3966,995,0845,140,688277.2%
Expenditures1,786,0941,588,1513,546,2621,958,111123.3%
Net Revenues Less Expenditures(183,573)266,2453,448,822
Property Insurance
Revenues1,179,644434,276460,33926,0636.0%
penditures1,421,083864,7071,001,882137,17515.9%
Ex
penditures(241,439)(430,430)(541,543)
Net Revenues Less Ex
Other Funds
Impact Fee Trust Fund
Revenues2,294,1392,294,139
Expenditures2,088,3522,088,352
Net Revenues Less Expenditures205,787
Buubdinfou;!Tfqufncfs!3132!Npouimz!GJobodjbm!Sfqpsu!!)3:34!;!JOGP!POMZ;!Tfqufncfs!3132!Gjobodjbm!Sfqpsu*
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6/D
OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
Kent, WA 98032
253-856-5710
DATE: November 16, 2021
TO: Operations and Public Safety Committee
SUBJECT: Revisions to Terms of Land Use and Planning Board Members
- Authorize
MOTION: I move to revise the term expirations of Land Use and Planning
Board members Sally McDonough and Michael Purewal from December 31,
2024 to July 5, 2024.
SUMMARY: The Land Use and Planning Board operates as part of the Economic
and Community Development Department and holds 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 Department. The Land Use and Planning Board, after holding one or
more public hearings on these matters refers Economic and Community
al action.
The Land Use and Planning Board consists of seven members who are residents of
Kent. When making the appointments, the mayor shall consider appointments from
residents residing at different locations within the city.
Section 2.50.060 of the Kent City Code provides that appointments are made by
the Mayor and confirmed by the City Council.
On July 6, 2021, the Council confirmed the initial appointments for McDonough and
Purewal for terms of a little more than three-years expiring on December 31, 2024.
The motion was brought before the council on the same night as the ordinance
amending Title 2 of the Kent City Code relating to appointive boards, commissions
and committees. The imposition of term limits makes it important that terms are
exactly three years in length.
These are initial terms for McDonough and Purewal, so they will be eligible to serve
an additional three-year term after July 5, 2024.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
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Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: November 16, 2021
TO: Operations and Public Safety Committee
SUBJECT: 2022 Community Development Block Grant Annual Action
Plan - Adopt
MOTION: I move to adopt the Community Development Block Grant 2022
Annual Action Plan (including funding allocations and contingency plans)
and authorize the Mayor to execute the appropriate certifications and
agreements.
SUMMARY:
The City of Kent receives Community Development Block Grant (CDBG) funds from
the U.S. Department of Housing and Urban Development (HUD) as an Entitlement
City. To receive this funding, the City is required to submit a Five-Year
Consolidated Plan for Ho
Plan is in effect from 2020-2024.
Each year the City must inform HUD and the community of the specific actions that
the City will execute to implement the objectives and strategies of the Consolidated
Plan; this is outlined in the 2022 Action Plan. The City estimates that it will receive
$1,159,798 in 2022 CDBG funds, which is the same amount that was allocated in
2021. (After the City receives notice of the exact amount, it will update the amount
before the Action Plan is submitted to HUD.) The Action Plan indicates the
objectives and strategies that will guide investments, along with a description of
each program that will receive funds.
In addition to investing the full 15% allowable by law into public service activities
and 20% in planning and administration, the City recommends that a significant
portion of CDBG funds be used to support the City's Home Repair Program. This
program serves many low/moderate-income homeowners in Kent by providing
needed repairs to maintain and preserve housing. The City also uses funds to
support transitional housing, short-term shelter, and permanent housing. In past
years, CDBG entitlement funds were allocated to rental assistance; however CDBG
Coronavirus funds are invested in rental assistance from 2020 through 2023;
invest human services funds in both residents who own their own homes and
renters who cannot afford to own homes.
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Citizen Participation:
· August 18, 2021: the City held its first public hearing to receive comments
from Kent residents, low/moderate-income persons, non-governmental
organizations (AKA nonprofits), and other interested parties regarding the
development o
to take comments before the draft Action Plan was released)
· September 21, 2021: the City of Kent published a public notice on its website
and informed the community, organizations, and stakeholders that the draft
2022 CDBG Annual Action Plan was available for review and comment for a
period of thirty (30) days
· October 21, 2021: the Human Services Division convened a public hearing
for the purpose of taking comments on the 2022 Annual Action Plan
Human Services Commission Review: The Human Services Commission
reviewed the Action Plan during its meeting on October 21, 2021.
BUDGET IMPACT: The estimate of $1,159,798.00 may increase or decrease
depending upon the final federal appropriations bill Congress passes and how much
money is allocated to HUD. Therefore, the recommended funding includes a
contingency plan to address any potential fund changes that may occur when the
City receives its award notification letter from HUD. The final budget for this item
will be updated after an award notification from HUD. The following budget
accounts will be impacted: B00122, B00222, and B00322.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 2022 Annual Action Plan-Public Hearing Notice-Application-Assurances-
Certifications (PDF)
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INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
Kent, WA 98032-5895
253-856-4600
DATE: November 16, 2021
TO: Operations and Public Safety Committee
SUBJECT: Renew Small Government Enterprise Agreement with ESRI,
Inc. - Authorize
MOTION: I move to authorize the Mayor to sign a three-year contract
renewal with Environmental Systems Research Institute, Inc., in an
amount not to exceed $363,330.00, subject to final terms and conditions
acceptable to the IT Director and City Attorney.
SUMMARY:
software, support and services necessary for the GIS data and solutions utilized by
the City of Kent (across the entire organization). By renewing its contract with
ESRI, the City can continue accessing the latest GIS tools, software, and support
needed to collect, transform, manage, analyze, and visualize geospatial data across
a multitude of dashboards, story maps, applications, and other deliverables. This
centralized and shared technology is leveraged by staff in nearly every department
in planning, asset management, and other strategic and operational activities.
Many of the geospatial data layers are also integrated into other business systems
and even made availa
The original Master Service Agreement (MSA) was signed between the City of Kent
and ESRI Inc. on December 22, 2018. The MSA remains in replace until it is expressly
terminated by the parties, and it provides the general contract terms and conditions
that apply to all product purchases the City makes through ESRI. The attached Small
Government Enterprise Agreement is a supplemental contract that provides the
particular terms of use, licensing, and support and maintenance provisions that apply
to the specific products identified within the first page of that supplemental contract.
This MSA will continue to remain in effect throughout the entire 3-year term of the
supplemental contract.
BUDGET IMPACT:
Description Cost Impact
Year 1: 2022 IT Operating Budget $110,000 (plus tax)
Year 2: 2023 IT Operating Budget $110,000 (plus tax)
Year 3: 2024 IT Operating Budget $110,000 (plus tax)
Total $330,000.00 (plus tax)
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SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. ESRI Small Enterprise Agreement (PDF)
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Qbdlfu!Qh/!:5
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Exhibit B: Small Government Enterprise Agreement & Quote
Buubdinfou;!FTSJ!Tnbmm!Foufsqsjtf!Bhsffnfou!!)3:41!;!Sfofx!Tnbmm!Hpwfsonfou!Foufsqsjtf!Bhsffnfou!xjui!FTSJ-!Jod/!.!Bvuipsj{f*
Qbdlfu!Qh/!:6
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June 21,2021
Mrs.CatherineCrook
Cityof Kent
2204thAveS
Kent,WA98032-5838
DearCatherine,
TheEsriSmallMunicipalandCountyGovernmentEnterpriseAgreement(SGEA)isathree-yearagreementthat
willgrantyourorganizationaccess toEsritermlicensesoftware.TheEAwill beeffectiveonthedateexecutedand
willrequireafirm,three-yearcommitment.
BasedonEsri'sworkwithseveralorganizationssimilartoyours,weknowthere issignificantpotentialtoapply
GeographicInformationSystem(GIS)technologyinmanyoperationalandtechnicalareaswithinyour
organization.Forthisreason,webelievethatyourorganizationwillgreatlybenefitfromanEnterpriseAgreement
(EA).
AnEA willprovideyour organizationwithnumerousbenefitsincluding:
Alowercostperunit forlicensedsoftware
Substantiallyreducedadministrativeandprocurementexpenses
Completeflexibilitytodeploysoftwareproductswhenandwhereneeded
Thefollowingbusinesstermsandconditionswillapply:
Allcurrentdepartments,employees,andin-house contractorsof the organizationwillbe eligibletouse
the softwareandservicesincludedinthe EA.
Ifyour organizationwishestoacquireand/ormaintainanyEsrisoftwareduringthetermofthe agreement
thatisnotincludedinthe EA, itmaydososeparatelyatthe Esripricingthatisgenerallyavailablefor
your organizationforsoftwareandmaintenance.
Theorganizationwillestablishasinglepointof contactforordersanddeliveriesandwillberesponsible
forredistributiontoeligibleusers.
TheorganizationwillestablishaTier1supportcentertofieldcallsfrominternalusersofEsrisoftware.
Theorganizationmaydesignateindividualsasspecifiedinthe EAwhomaydirectlycontactEsriforTier
2technicalsupport.
Theorganizationwillprovideanannualreportof installedEsrisoftwaretoEsri.
Esrisoftwareandupdatesthatthe organizationislicensedtousewillbe automaticallyavailablefor
downloading.
ThefeeandbenefitsofferedinthisEAproposalarecontingentuponyouracceptanceof Esri’sSmall
Buubdinfou;!FTSJ!Tnbmm!Foufsqsjtf!Bhsffnfou!!)3:41!;!Sfofx!Tnbmm!Hpwfsonfou!Foufsqsjtf!Bhsffnfou!xjui!FTSJ-!Jod/!.!Bvuipsj{f*
MunicipalandCountyGovernmentEA termsandconditions.
380 New York Street 909.793.2853 esri.com
Redlands, California92373-8100 USA info@esri.com
Qbdlfu!Qh/!:7
6/F/b
SmallGovernmentEnterpriseAgreement
Licensesarevalidforthetermofthe EA.
Thisprogramofferisvalidfor90days.Tocompletetheagreementwithinthistimeframe,pleasecontactme
withinthe nextsevendaystoworkthroughanyquestionsor concernsyoumayhave.
Toexpediteyouracceptanceof thisEA offer:
1.SignandreturntheEA contractwithaPurchaseOrderor issue aPurchaseOrderthatreferencesthisEA
Quotationandincludesthe followingstatementonthefaceof the PurchaseOrder:
"THISPURCHASEORDERISGOVERNEDBYTHETERMSANDCONDITIONS OF THEESRI
SMALLMUNICIPALANDCOUNTYGOVERNMENTEA, ANDADDITIONALTERMSAND
CONDITIONS INTHISPURCHASE ORDERWILLNOTAPPLY."
Haveitsignedbyanauthorizedrepresentativeof theorganization.
2.Onthe first pageof theEA, identifythe centralpointof contact/agreementadministrator. Theagreement
administratoristhepartythatwillbethe contactformanagementof thesoftware,administrationissues,
andgeneraloperations.Informationshouldincludename,title(ifapplicable),address, phone number,and
e-mailaddress.
3.Inthe purchaseorder,identifythe"Shipto"and"Billto"informationforyourorganization.
4.Sendthepurchaseorderandagreementtotheaddress, emailor faxnotedbelow:
Esri
e-mail:service@esri.com
Attn:CustomerServiceSG-EAfaxdocumentsto:909-307-3083
380NewYorkStreet
Redlands,CA92373-8100
Iappreciatethe opportunitytopresentyouwiththisproposal,andIbelieveitwill bringgreatbenefitstoyour
organization.
Thankyouverymuchforyourconsideration.
Best Regards,
ScottWolter
Buubdinfou;!FTSJ!Tnbmm!Foufsqsjtf!Bhsffnfou!!)3:41!;!Sfofx!Tnbmm!Hpwfsonfou!Foufsqsjtf!Bhsffnfou!xjui!FTSJ-!Jod/!.!Bvuipsj{f*
Qbdlfu!Qh/!:8
6/F/b
FtsjVtfPomz;
Cust. Name
Cust.#
PO#
Esri Agreement#00303664.0
TNBMMFOUFSQSJTFBHSFFNFOU
DPVOUZBOENVOJDJQBMJUZHPWFSONFOU
)F325.6*
This Agreement is by andbetweentheorganizationidentifiedin theQuotation(#Dvtupnfs#)and Fowjsponfoubm
TztufntSftfbsdiJotujuvuf-Jod/!(#Ftsj#).
This Agreementsets forth the termsfor Customer'suse ofProductsandincorporates by reference (i) the
Quotationand (ii) theMaster Agreement No. 335623.Should therebe any conflictbetween the terms and
conditions ofthe documents thatcomprise this Agreement,theorderofprecedencefor the documentsshall be
as follows:(i) the Quotation,(ii)this Agreement,and (iii) the Master Agreement.ThisAgreementshallbe
governed by and construedinaccordancewith the lawsofthestate in whichCustomer is located without
reference to conflictof lawsprinciples, and the UnitedStates ofAmerica federal lawshall govern inmatters of
intellectual property. The modificationsand additional rights granted inthis Agreementapplyonly to the
Products listed inTableA.
UbcmfBMjtu
pgQspevdut
VodbqqfeRvboujujftEfwfmpqfsUppmt
EftlupqTpguxbsfboeFyufotjpot(SingleUse)ArcGISEngine
ArcGISDesktopAdvancedArcGISEngineExtensions:ArcGIS3D Analyst, ArcGIS
ArcGISDesktopStandard
SpatialAnalyst, ArcGIS EngineGeodatabaseUpdate,
ArcGISDesktopBasic
ArcGISNetworkAnalyst, ArcGIS Schematics
ArcGISDesktopExtensions:ArcGIS 3DAnalyst,ArcGISRuntime(Standard)
ArcGISSpatialAnalyst, ArcGIS GeostatisticalAnalyst,ArcGISRuntimeAnalysisExtension
ArcGISPublisher,ArcGIS NetworkAnalyst, ArcGIS
Mjnjufe!Rvboujujft
Schematics,ArcGIS WorkflowManager,ArcGIS Data
One(1)ProfessionalsubscriptiontoArcGISDeveloper
Reviewer
Two(2)ArcGISCityEngineSingleUseLicenses
1,000ArcGISOnlineViewers
FoufsqsjtfTpguxbsfboeFyufotjpot
1,000ArcGISOnlineCreators
ArcGISEnterpriseandWorkgroup
110,000ArcGISOnlineServiceCredits
(AdvancedandStandard)
1,000ArcGISEnterpriseCreators
ArcGISMonitor
10ArcGISInsightsinArcGISEnterprise
ArcGISEnterpriseExtensions: ArcGIS 3D Analyst,
10ArcGISInsightsinArcGISOnline
ArcGISSpatialAnalyst, ArcGIS GeostatisticalAnalyst,
100ArcGISTrackerforArcGISEnterprise
ArcGISNetworkAnalyst, ArcGISSchematics, ArcGIS
100ArcGISTrackerforArcGISOnline
WorkflowManager
6 ArcGIS ParcelFabricUser TypeExtensions(Enterprise)
6 ArcGIS UtilityNetworkUserTypeExtensions(Enterprise)
Foufsqsjtf!Beejujpobm!DbqbcjmjuzTfswfst
6 ArcGIS TraceNetworkUser TypeExtensions(Enterprise)
ArcGISImageServer
PUIFSCFOFGJUT
NumberofEsri UserConferenceregistrationsprovidedannually 5
NumberofTier1HelpDeskindividualsauthorized tocallEsri 5
Maximumnumberofsetsofbackup media, if requested*3
Five percent (5%)discount on allindividualcommerciallyavailable instructor-ledtrainingclassesatEsri
facilities purchasedoutside this Agreement
*Additionalsetsofbackupmedia maybepurchased for afee
Page1of6August31,2021
Qbdlfu!Qh/!:9
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Customermayaccept this Agreement bysigningand returningthe whole Agreement with(i) theQuotation
attached, (ii) apurchaseorder, or(iii) anotherdocument thatmatchestheQuotationandreferencesthis
Agreement ("PsefsjohEpdvnfou"). BEEJUJPOBMPS!DPOGMJDUJOHUFSNTJO!DVTUPNFS(T!QVSDIBTF
PSEFS!PSPUIFSEPDVNFOUXJMMOPUBQQMZ-!BOEUIF!UFSNTPGUIJTBHSFFNFOUXJMM
HPWFSO/!ThisAgreementis effectiveasofthedate ofEsri'sreceipt of anOrderingDocument, unlessotherwise
agreedtoby theparties("FggfdujwfEbuf").
Ufsn!pgBhsffnfou;Three(3)years
This Agreement supersedesanypreviousagreements,proposals,presentations, understandings, and
arrangementsbetweenthepartiesrelatingtothelicensingoftheProducts. Except as providedinArticle4—
ProductUpdates, nomodificationscanbemade tothisAgreement.
Acceptedand Agreed:
Environmental Systems Research Institute, Inc.
(Customer)
By:
By:
Authorized Signature
AuthorizedSignature
Alejandra Merino
PrintedName:
Printed Name:
Manager, International Contracts
Title:
Title:
November 4, 2021
Date:
Date:
DVTUPNFSDPOUBDUJOGPSNBUJPO
Contact:Telephone:
Address:Fax:
City, State, PostalCode:E-mail:
Country:
QuotationNumber(ifapplicable):
Page2of6August31,2021
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2/1B EEJUJPOBM E FGJOJUJPOT 3/1B EEJUJPOBM H SBOUPG M JDFOTF
Inaddition tothedefinitionsprovided intheMaster 3/2Hsboupg!Mjdfotf/!Subjecttothetermsand
Agreement, thefollowingdefinitionsapplytothisconditionsofthis Agreement, Esrigrantsto
Agreement:Customerapersonal, nonexclusive,
nontransferable licensesolelytouse,copy, and
#Dbtf#meansafailureoftheSoftwareor OnlineDeployquantitiesoftheProductslistedin Table
Servicestooperate accordingtotheDocumentationA—ListofProductsfor theTermofAgreement
wheresuch failuresubstantiallyimpactsoperational(i)fortheapplicable Fee and(ii) in accordance
or functionalperformance.with theMasterAgreement.
#Efqmpz#-#Efqmpzfe#!boe!#Efqmpznfou#!meanto 3/3DpotvmubouBddftt/!EsrigrantsCustomerthe
redistributeandinstall theProducts and relatedrighttopermitCustomer'sconsultantsor
AuthorizationCodeswithinCustomer'scontractorstouse theProductsexclusivelyfor
organization(s).Customer'sbenefit. Customerwill besolely
responsibleforcompliance by consultantsand
#Gff#means thefeesetforthin theQuotation.contractorswith this Agreement and willensure
thattheconsultant or contractordiscontinues
#Nbjoufobodf#!meansTier2Support, Productuse ofProductsuponcompletionofworkfor
updates,andProductpatchesprovidedtoCustomerCustomer. AccesstooruseofProducts by
duringtheTermofAgreement.consultantsorcontractorsnotexclusivelyfor
Customer'sbenefit is prohibited. Customermay
#NbtufsBhsffnfou#!meanstheapplicablemaster
notpermititsconsultantsorcontractorstoinstall
agreement for EsriProductsincorporatedby thisSoftwareorData onconsultant, contractor, or
referencethat is (i)found at https://www.esri.com/en-third-partycomputersorremoveSoftware or
us/legal/terms/full-master-agreementandavailableinDatafromCustomerlocations, except for the
theinstallationprocessrequiringacceptancebypurpose ofhostingtheSoftwareorDataon
electronicacknowledgmentor (ii) asignedEsriContractorserversfor thebenefitofCustomer.
masteragreement or licenseagreementthat
supersedessuch electronicallyacknowledged
4/1U FSN-U FSNJOBUJPO-BOE!F YQJSBUJPO
masteragreement.
4/2Ufsn/ThisAgreement andalllicenses
#Qspevdu)t*#means theproductsidentified in
hereunderwill commence ontheEffectiveDate
Table A—ListofProductsandanyupdatestothelist
andcontinueforthedurationidentifiedinthe
Esri providesin writing.
Term ofAgreement, unlessthisAgreement is
terminatedearlierasprovidedherein.Customer
#Rvpubujpo#meansthe offerletterandquotation
is onlyauthorizedtouseProductsduring the
providedseparatelytoCustomer.
Term ofAgreement. For anAgreement with a
limitedterm, Esridoesnot grantCustomeran
#Ufdiojdbm!Tvqqpsu#meansthetechnical
indefiniteor aperpetuallicensetoProducts.
assistance for attemptingresolutionofareported
Case through error correction, patches,hotfixes,
4/3Op!VtfvqpoBhsffnfou!Fyqjsbujpo!ps
workarounds,replacement deliveries,orany other
Ufsnjobujpo/AllProduct licenses,all
type ofProductcorrectionsor modifications.
Maintenance, andEsriUserConference
registrationsterminate uponexpiration or
#Ujfs2IfmqEftl#meansCustomer'spoint of
terminationofthisAgreement.
contact(s)toprovideallTier1Support within
Customer'sorganization(s).
4/4Ufsnjobujpogps!b!Nbufsjbm!Csfbdi/!Eitherparty
may terminatethisAgreement foramaterial
#Ujfs2Tvqqpsu#meanstheTechnicalSupport
breachbytheotherparty.Thebreachingparty
providedby theTier 1HelpDesk.
will havethirty(30)daysfrom thedate of written
notice tocureany materialbreach.
#Ujfs3Tvqqpsu#meanstheEsriTechnicalSupport
providedtotheTier 1 HelpDeskwhenaCase
4/5Ufsnjobujpogps!Mbdlpg!Gvoet/!For an
cannot beresolvedthrough Tier1Support.
Buubdinfou;!FTSJ!Tnbmm!Foufsqsjtf!Bhsffnfou!!)3:41!;!Sfofx!Tnbmm!Hpwfsonfou!Foufsqsjtf!Bhsffnfou!xjui!FTSJ-!Jod/!.!Bvuipsj{f*
Agreement with government or government-
Page3of6August31,2021
Qbdlfu!Qh/!211
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ownedentities,eitherparty mayterminatethisthan thedefinedProductswill receiveMaintenance.
Agreement beforeanysubsequentyearifCustomermayacquiremaintenanceforother
CustomerisunabletosecurefundingthroughSoftwareoutsidethisAgreement.
thelegislative or governingbody'sapproval
process.b/Ujfs2Tvqqpsu
4/6Gpmmpx.poUfsn/Iftheparties enterinto 2/CustomerwillprovideTier1Support
anotheragreement substantiallysimilartothisthroughtheTier1HelpDesktoall
Agreement for an additionalterm, theeffectiveCustomer'sauthorizedusers.
date ofthefollow-onagreement will be theday
3/The Tier1HelpDesk will befullytrained in
aftertheexpirationdateofthisAgreement.
theProducts.
4/Ataminimum,Tier1Support will include
5/1Q SPEVDU V QEBUFT
those activitiesthatassisttheuser in
resolvinghow-to andoperational questions
5/2GvuvsfVqebuft/!Esrireservesthe right to
as wellas questionsoninstallationand
updatethelistofProductsinTable A—Listof
troubleshootingprocedures.
Productsbyprovidingwrittennoticeto
Customer. Customermaycontinuetouseall
5/The Tier1HelpDesk will betheinitialpoint
Productsthathave beenDeployed, butsupport
ofcontactforallquestionsandreporting ofa
andupgrades fordeleted itemsmaynotbe
Case.The Tier1HelpDeskwillobtainafull
available.Asnew Products are incorporatedinto
descriptionofeach reportedCaseandthe
thestandardprogram, theywill be offeredto
systemconfigurationfromtheuser.This
Customerviawrittennoticeforincorporationinto
may includeobtaininganycustomizations,
theProductsscheduleatnoadditionalcharge.
codesamples,or datainvolvedintheCase.
Customer'suseofneworupdatedProducts
requiresCustomertoadheretoapplicable
6/IftheTier1 Help Deskcannot resolvethe
additionalor revisedtermsandconditionsin the
Case,anauthorizedTier1Help Desk
MasterAgreement.
individualmaycontactTier 2Support. The
Tier 1 HelpDeskwill providesupportinsuch
5/3Qspevdu!MjgfDzdmf/DuringtheTerm of
awayas tominimizerepeat callsandmake
Agreement, someProductsmayberetiredor
solutionstoproblemsavailableto
may nolongerbeavailable toDeploy inthe
Customer’sorganization.
identifiedquantities. Maintenancewill be subject
totheindividualProduct Life Cycle Support
7/Tier 1 HelpDeskindividualsare theonly
StatusandProductLifeCycle Support Policy,
individualsauthorizedtocontactTier2
whichcanbefound at
Support. Customermaychange theTier1
https://support.esri.com/en/other-
HelpDesk individualsbywrittennotice to
resources/product-life-cycle. Updatesfor
Esri.
Productsinthematureandretired phasesmay
notbeavailable. Customermaycontinuetouse
c/Ujfs3Tvqqpsu
ProductsalreadyDeployed, butCustomerwill
notbe able to Deployretired Products.
2/Tier 2 Support willlog thecallsreceived
from Tier1HelpDesk.
6/1N BJOUFOBODF
3/Tier 2 Support willreview all information
collectedbyandreceivedfromtheTier 1
The Fee includesstandardmaintenance benefits
HelpDesk includingpreliminarydocumented
duringtheTermofAgreement as specifiedinthe
troubleshootingprovidedbythe Tier1Help
mostcurrentapplicableEsri Maintenance and
DeskwhenTier 2 Support is required.
SupportProgram document (found at
4/Tier 2 Support mayrequestthat Tier 1 Help
-
https://www.esri.com/en
Desk individualsprovideverificationof
us/legal/terms/maintenance).At Esri'ssole
information, additional information, or
discretion, Esrimay makepatches,hotfixes,or
answerstoadditionalquestionsto
updatesavailablefor download. No Software other
Buubdinfou;!FTSJ!Tnbmm!Foufsqsjtf!Bhsffnfou!!)3:41!;!Sfofx!Tnbmm!Hpwfsonfou!Foufsqsjtf!Bhsffnfou!xjui!FTSJ-!Jod/!.!Bvuipsj{f*
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Qbdlfu!Qh/!212
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supplement any preliminaryinformationoperate,or allowaccesstotheProducts.Ifthis
gatheringortroubleshootingperformedbyis a multi-yearAgreement, Esrimayinvoicethe
Tier 1 HelpDesk.Feeuptothirty(30)calendardaysbeforethe
annualanniversarydate foreachyear.
5/Tier 2 Support willattempt to resolvethe
Case submittedby Tier1HelpDesk.
c/Undisputedinvoiceswill bedue and payable
within thirty (30)calendardays from thedateof
6/WhentheCase isresolved, Tier 2 Support
invoice. Esrireservestheright tosuspend
will communicate theinformation toTier1
Customer'saccesstoanduse ofProductsif
HelpDesk,andTier 1HelpDesk will
Customerfails topay anyundisputedamount
disseminate theresolutiontotheuser(s).
owedon or beforeitsduedate.Esrimaycharge
Customerinterestatamonthly rate equaltothe
lesser ofonepercent (1.0%)permonthor the
7/1F OEPSTFNFOUBOE Q VCMJDJUZ
maximumratepermittedbyapplicablelaw on
any overduefeesplusallexpensesofcollection
This Agreement will notbeconstruedorinterpreted
for anyoverdue balance thatremainsunpaid
as anexclusivedealingsagreement orCustomer's
ten(10)days afterEsrihas notifiedCustomerof
endorsement ofProducts. Eitherpartymay publicize
thepast-duebalance.
theexistence ofthis Agreement.
d/Esri's federalID numberis95-2775-732.
8/1B ENJOJTUSBUJWF S FRVJSFNFOUT
e/Ifrequested,Esri willshipbackupmediatothe
ship-to addressidentifiedontheOrdering
Document, FOBDestination, with shipping
8/2PFNMjdfotft/!UnderEsri'sOEMorSolution
chargesprepaid. Customeracknowledgesthat
OEMprograms,OEM partnersareauthorizedto
shouldsalesor usetaxesbecome dueas a
embed orbundleportionsofEsri productsand
serviceswiththeir applicationor service.OEMresultofanyshipmentsoftangible media, Esri
partners'businessmodel, licensingtermsandhas aright toinvoiceandCustomerwill payany
conditions,and pricingare independentofthissuch salesoruse taxassociatedwith thereceipt
Agreement. Customerwillnotseekanydiscountoftangible media.
from theOEM partnerorEsri based onthe
9/3PsefsSfrvjsfnfout/!Esridoes not require
availabilityofProductsunderthisAgreement.
Customertoissue a purchaseorder.Customer
CustomerwillnotdecoupleEsriproducts or
maysubmitapurchaseorderinaccordancewith
servicesfromtheOEMpartners' applicationor
its own process requirements, providedthat if
service.
Customerissuesapurchaseorder,Customer
8/3Boovbm!SfqpsupgEfqmpznfout/Ateachwill submit its initialpurchaseorderonthe
anniversarydate andninety(90)calendardaysEffectiveDate. Ifthis is a multi-yearAgreement,
priortotheexpiration ofthisAgreement,Customerwillsubmitsubsequent purchase
CustomerwillprovideEsri with awrittenreportorderstoEsriatleastthirty(30)calendardays
detailing allDeployments.Uponrequest,before theannualanniversarydate for each
Customerwillproviderecordssufficient toverifyyear.
theaccuracyoftheannualreport.
b/Allorders pertainingtothis Agreement will be
processedthroughCustomer'scentralized point
ofcontact.
9/1P SEFSJOH-B ENJOJTUSBUJWF
Q SPDFEVSFT-E FMJWFSZ-BOE
c/The following informationwill be includedin
E FQMPZNFOU
each OrderingDocument:
9/2Psefst-Efmjwfsz-boeEfqmpznfou
(1)Customername; Esricustomernumber, if
known; andbill-to andship-to addresses
b/UpontheEffectiveDate,Esriwillinvoice
(2)Ordernumber
CustomerandprovideAuthorizationCodes to
(3)Applicableannualpayment due
activate thenondestructivecopyprotection
program thatenablesCustomer todownload,
Buubdinfou;!FTSJ!Tnbmm!Foufsqsjtf!Bhsffnfou!!)3:41!;!Sfofx!Tnbmm!Hpwfsonfou!Foufsqsjtf!Bhsffnfou!xjui!FTSJ-!Jod/!.!Bvuipsj{f*
Page5of6August31,2021
Qbdlfu!Qh/!213
6/F/b
:/1N FSHFST-B DRVJTJUJPOT-PS
E JWFTUJUVSFT
IfCustomeris a commercialentity, Customerwill
notifyEsri inwritingin theevent of (i) a
consolidation,merger,or reorganizationofCustomer
with or intoanothercorporationor entity;
(ii) Customer'sacquisitionofanother entity;or (iii) a
transferorsaleofallor partofCustomer's
organization(subsectionsi,ii,andiii,collectively
referredtoas"PxofstijqDibohf"). Therewill be
nodecrease in Feeasaresultofany Ownership
Change.
:/2 IfanOwnershipChangeincreasesthe
cumulativeprogram countbeyond themaximum
level forthisAgreement, Esrireservestheright
toincrease theFee or terminatethisAgreement
and thepartieswill negotiateanew agreement.
:/3 IfanOwnershipChangeresultsin transferor
sale ofaportionofCustomer'sorganization, that
portionofCustomer'sorganizationwill transfer
theProductstoCustomeror uninstall, remove,
anddestroyall copiesoftheProducts.
:/4 This Agreement may notbeassignedto a
successorentityas aresult ofanOwnership
Changeunlessapprovedby Esri in writingin
advance. Ifthe assignmenttothenew entityis
notapproved,Customerwillrequireany
successorentitytouninstall,remove,and
destroytheProducts. ThisAgreement will
terminate uponsuchOwnershipChange.
Buubdinfou;!FTSJ!Tnbmm!Foufsqsjtf!Bhsffnfou!!)3:41!;!Sfofx!Tnbmm!Hpwfsonfou!Foufsqsjtf!Bhsffnfou!xjui!FTSJ-!Jod/!.!Bvuipsj{f*
Page6of6August31,2021
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Rvpubujpo!$!R.546695
Ebuf;!September 7, 2021
Fowjsponfoubm!Tztufnt!Sftfbsdi!Jotujuvuf-!Jod/!Dvtupnfs!$!229318Dpousbdu!$
491!Ofx!Zpsl!Tu
Sfemboet-!DB!:3484.9211
City of Kent
Qipof;!):1:*!8:4.3964Gby;!):1:*!418.415:!
Information Technology
EVOT!Ovncfs;!17.424.5286DBHF!Dpef;!1BNT4 220 4th Ave S
Kent, WA 98032-5838
To expedite your order, please attach a copy ofATTENTION: Catherine Crook
this quotation to your purchase order.PHONE:253-856-5578 x5578
Quote is valid from: 6/21/2021 To: 12/27/2021EMAIL:ccrook@kentwa.gov
NbufsjbmRuzUfsnVoju!QsjdfUpubm
1681811Year 1$110,000.00$110,000.00
Populations of 125,001-150,000 Small Government Term Enterprise License Agreement
1681811Year 2$110,000.00$110,000.00
Populations of 125,001-150,000 Small Government Term Enterprise License Agreement
1681811Year 3$110,000.00$110,000.00
Populations of 125,001-150,000 Small Government Term Enterprise License Agreement
Subtotal:$330,000.00
Sales Tax:$33,330.00
Estimated Shipping and Handling (2 Day Delivery):$0.00
Contract Price Adjust:$0.00
$363,330.00
Total:
Esrimaychargeafeetocoverexpensesrelatedtoanycustomerrequirementtouseaproprietaryvendormanagement,procurement,orinvoiceprogram.
Gps!rvftujpot!dpoubdu;Fnbjm;Qipof;
Scott Wolterswolter@esri.com(360) 754-4727 x8671
Theitemsonthisquotationaresubjecttoandgovernedbythetermsofthisquotation,themostcurrentproductspecificscopeofusedocument
foundathttps://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf,andyourapplicablesignedagreement
withEsri.Ifnosuchagreementcoversanyitemquoted,thenEsri’sstandardtermsandconditionsfoundathttps://go.esri.com/MAPSapplytoyour
purchaseofthatitem.Ifanyitemisquotedwithamulti-yearpaymentschedule,thenunlessotherwisestatedinthisquotation,Customerisrequired
tomakeallpaymentswithoutrightofcancellation.Third-partydatasetsincludedinaquotationasseparatelylicenseditemswillonlybeprovided
andinvoicedifEsriisabletoprovidesuchdataandwillbesubjecttotheapplicablethird-party'stermsandconditions.IfEsriisunabletoprovide
anysuchdataset,Customerwillnotberesponsibleforanyfurtherpaymentsforthedataset.Federalgovernmententitiesandgovernmentprime
contractorsauthorizedunderFAR51.1maypurchaseunderthetermsofEsri’sGSAFederalSupplySchedule.Supplementaltermsandconditions
foundathttps://www.esri.com/en-us/legal/terms/state-supplementalapplytosomestateandlocalgovernmentpurchases.Alltermsofthisquotation
willbeincorporatedintoandbecomepartofanyadditionalagreementregardingEsri’sofferings.Acceptanceofthisquotationislimitedtotheterms
ofthisquotation.Esriobjectstoandexpresslyrejectsanydifferentoradditionaltermscontainedinanypurchaseorder,offer,orconfirmationsent
toortobesentbybuyer.Unlessprohibitedbylaw,thequotationinformationisconfidentialandmaynotbecopiedorreleasedotherthanforthe
expresspurposeofsystemselectionandpurchase/license.Theinformationmaynotbegiventooutsidepartiesorusedforanyotherpurposewithout
consentfromEsri.DeliveryisFOBOrigin.
Qbdlfu!Qh/!215
WOLTERS Uijt!pggfs!jt!mjnjufe!up!uif!ufsnt!boe!dpoejujpot!jodpsqpsbufe!boe!buubdife!ifsfjo/
6/G
INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
Kent, WA 98032-5895
253-856-4600
DATE: November 16, 2021
TO: Operations and Public Safety Committee
SUBJECT: Amendments to Consultant Services Agreement for IT
Temporary Staff - Authorize
MOTION: Authorize the Mayor to sign contracts and contract amendments
with temporary employment agencies, subject to final contract terms and
conditions acceptable to the IT Director and City Attorney, and so long as
the costs associated with those contracts can be paid for through the
budget previously established and approved by Council for the current
biennium.
SUMMARY:
contracts with a number of employment agencies to retain temporary workers, on
an as-
needs. The City has current contracts with Protingent, Inc.; Viri Technology, LLC;
Robert Half International, Inc.; and TEKsystems, Inc., which the IT Department
intends to continue using through December 31, 2022. Additionally, the IT
Department intends to contract with Affirma, LLC for additional temporary staffing
services. The City will not be extending its contract with Scion Staffing, Inc. beyond
December 31, 2021, but may contract with additional employment staffing agencies
during 2022 and beyond.
s authorized
projects and service needs, so long as the costs associated with those contracts can
be paid for within previous budgets established and authorized by Council through
the current biennium.
In 2022, Council has authorized an additional $3,779,043.84 to the IT Department
monitor fees charged in relation to that collective budgeted amount to ensure the
amounts paid to all employment agencies for temporary workers do not exceed the
budgeted amounts approved by Council.
BUDGET IMPACT:
Description Cost Impact
Original Agreement - 2019 and 2020 Capital and Operating Budget $2,499,226.49
Amendment No.1 - 2021 Capital and Operating Budget $1,250,000.00
Qbdlfu!Qh/!216
6/G
Amendment No.2 - 2021 Capital and Operating Budget $1,224,500.00
Amendment No.3 - 2022 Capital and Operating Budget $3,779,043.84
2019-2022 Total for All Temporary Consultant Services $8,752,770.33
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Amendments-Consultant SA-IT Temporary Staff (PDF)
Qbdlfu!Qh/!217
6/G/b
AMENDMENT NO. 3
NAME OFCONSULTANT: Protingent, Inc.
CONTRACT NAME & PROJECT NUMBER:Temporary Staffing & Recruitment, #CAG2019-495
ORIGINAL AGREEMENT DATE:December 18, 2019
This Amendment is made between the City and the above-referenced Consultant and
amends the original Agreement and all prior Amendments.All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendmentshall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, the Agreement is
modified as follows:
1.Time of Completion. Section II of the Agreement, entitled “Time of Completion,”
authorized extensions of the Agreement for successive one (1) year terms through an amendment
authorized by the parties. Consistent with that provision, the parties desire to amend the
Agreement’s term as provided below:
Original Time for Completion December 31, 2020
(insert date)
Revised Time for Completion under December 31, 2021
prior Amendments
(insert date)
Add’l Days Required (±) for this Amendment365calendar days
Revised Time for CompletionDecember 31, 2022
(insert date)
2.Compensation. Section III of the Agreement, entitled “Compensation,” is amended
toreplace it with the following:
III.COMPENSATION.
A.The City shall pay the Consultant, based on time and materials,
for services provided under this Agreement during its Initial Term
and each Renewal Term exercised by the City and agreed upon
by the Consultant. During the original term of the Agreement
from August 14, 2019, through December 31, 2020, theKent City
Councilestablished an overall budget of$2,499,226.49 for all
temporary staffing and placement of IT professionals provided by
Consultant, and others retained by the City to provide similar
work.
Through Amendment No. 1, the temporary IT staffing budget was
increased by an additional $1,250,000.00 through December 31,
2021,for an adjusted budget of $3,749,226.40.
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
AMENDMENT NO. 3-1of3
(Protingent, Inc.)
Qbdlfu!Qh/!218
6/G/b
Through Amendment No. 2, the Kent City Council increased the
temporary IT staffing budget by an additional $1,224,500.00
through December 31, 2021, for an adjusted budget of
$4,973,726.49.
Through Amendment No. 3, the Kent City Council increased the
temporary IT staffing budget by an additional $4,161,600.00
through December 31, 2022, for an adjusted budget of
$9,135,326.49and City staff is not authorized to approve any
work beyond that budgeted amount. The City will monitor fees
charged in relation to that collective budgeted amount, and if
services provided by Consultant and others will cause the City to
exceed that budgeted amount, the City will either seek additional
approval through a contract amendment authorized by the Mayor
or Council as the Kent City Code may require, or terminate
Consultant’s services as provided for in this Agreement.
Consultant acknowledges and understands that it is not the City’s
exclusive provider of these services, but is instead one of several
consultants who have been retained to provide temporary staffing
and placement services. The City maintains its unqualified right
to obtain these services through other sources. This Agreement
is for on-call and as-needed services, the need for which is
determined in the City’s sole judgment and discretion. Consultant
shall have no obligation to continue performance once the “not to
exceed” amount limitation has been attained. The City shall be
responsible for all charges for services in the event the City fails
to notify Consultant of termination of the assignment or fails to
increase of the “not to exceed” amount.
The Consultant’s billing rate will be negotiated at the time an
Assigned Individual is assigned to perform services for the City.
The temporary worker Consultant assigns to perform work under
this Agreement (“Assigned Individual”) will submit either an
electronic time record or a time sheet for City’s verification and
approval at the end of each week. Based upon that approved time
record or time sheet, the Consultant will submit weekly payment
invoices to the City for payment, which will reflect the previously
agreed and negotiated billing rate.
B.The City shall provide payment to Consultant within forty-five
(45) days of its receipt of proper invoice from Consultant. If the
City objects to all or any portion of an invoice due to billing or
invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute until
any such dispute is settled by the parties. In that event, the
parties will immediately make every effort to settle the disputed
portion.
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
AMENDMENT NO. 3-2of3
(Protingent, Inc.)
Qbdlfu!Qh/!219
6/G/b
3.Miscellaneous.
A.The Consultant accepts all requirements of this Amendment by signing below,
and by its signature waivesany protest or claim it may have regarding the Agreement or this
Amendment.This Amendment, unless otherwise provided, does not relieve the Consultant from
strict compliance with the guarantee and warranty provisions of the original Agreement.
B.All acts consistent with the authority of the Agreement, previous Amendments
(if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified
and affirmed, and the terms of the Agreement, previous Amendments (if any),and this
Amendment shall be deemed to have applied.
C.The parties whose names appear below swear under penalty of perjury that
they are authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:CITY:
Protingent, Inc. City of Kent
By:By:
(signature)(signature)
Print Name:Print Name:
ItsIts
(title)(title)
DATE:DATE:
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
___________________________
Kent City Clerk
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
AMENDMENT NO. 3-3of3
(Protingent, Inc.)
Qbdlfu!Qh/!21:
6/G/b
Exhibit B: Amendment 3 with Viri Technology, LLC
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
Qbdlfu!Qh/!221
6/G/b
AMENDMENT NO. 3
NAME OFCONSULTANT: Viri Technology, LLC
CONTRACT NAME & PROJECT NUMBER:Temporary Staffing & Recruitment, #CAG2019-496
ORIGINAL AGREEMENT DATE:December 18, 2019
This Amendment is made between the City and the above-referenced Consultant and
amends the original Agreement and all prior Amendments.All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendmentshall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, the Agreement is
modified as follows:
1.Time of Completion. Section II of the Agreement, entitled “Time of Completion,”
authorized extensions of the Agreement for successive one (1) year terms through an amendment
authorized by the parties. Consistent with that provision, the parties desire to amend the
Agreement’s term as provided below:
Original Time for Completion December 31, 2020
(insert date)
Revised Time for Completion under December 31, 2021
prior Amendments
(insert date)
Add’l Days Required (±) for this Amendment365calendar days
Revised Time for CompletionDecember 31, 2022
(insert date)
2.Compensation. Section III of the Agreement, entitled “Compensation,” is amended
toreplace it with the following:
III.COMPENSATION.
A.The City shall pay the Consultant, based on time and materials,
for services provided under this Agreement during its Initial Term
and each Renewal Term exercisedby the City and agreed upon
by the Consultant. During the original term of the Agreement
from August 14, 2019, through December 31, 2020, theKent City
Councilestablished an overall budget of$2,499,226.49 for all
temporary staffing and placement of IT professionals provided by
Consultant, and others retained by the City to provide similar
work.
Through Amendment No. 1, the temporary IT staffing budget was
increased by an additional $1,250,000.00 through December 31,
2021,for an adjusted budget of $3,749,226.40.
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
AMENDMENT NO. 3-1of3
(Viri Technology, LLC)
Qbdlfu!Qh/!222
6/G/b
Through Amendment No. 2, the Kent City Council increased the
temporary IT staffing budget by an additional $1,224,500.00
through December 31, 2021, for an adjusted budget of
$4,973,726.49.
Through Amendment No. 3, the Kent City Council increased the
temporary IT staffing budget by an additional $4,161,600.00
through December 31, 2022, for an adjusted budget of
$9,135,326.49and City staff is not authorized to approve any
work beyond that budgeted amount. The City will monitor fees
charged in relation to that collective budgeted amount, and if
services provided by Consultant and others will cause the City to
exceed that budgeted amount, the City will either seek additional
approval through a contract amendment authorized by the Mayor
or Council as the Kent City Code may require, or terminate
Consultant’s services as provided for in this Agreement.
Consultant acknowledges andunderstands that it is not the City’s
exclusive provider of these services, but is instead one of several
consultants who have been retained to provide temporary staffing
and placement services. The City maintains its unqualified right
to obtain these services through other sources. This Agreement
is for on-call and as-needed services, the need for which is
determined in the City’s sole judgment and discretion. Consultant
shall have no obligation to continue performance once the “not to
exceed” amount limitation has been attained. The City shall be
responsible for all charges for services in the event the City fails
to notify Consultant of termination of the assignment or fails to
increase of the “not to exceed” amount.
The Consultant’s billing rate willbe negotiated at the time an
Assigned Individual is assigned to perform services for the City.
The temporary worker Consultant assigns to perform work under
this Agreement (“Assigned Individual”) will submit either an
electronic time record or a time sheet for City’s verification and
approval at the end of each week. Based upon that approved time
record or time sheet, the Consultant will submit weekly payment
invoices to the City for payment, which will reflect the previously
agreed and negotiated billing rate.
B.The City shall provide payment to Consultant within forty-five
(45) days of its receipt of proper invoice from Consultant. If the
City objects to all or any portion of an invoice due to billing or
invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute until
any such dispute is settled by the parties. In that event, the
parties will immediately make every effort to settle the disputed
portion.
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
AMENDMENT NO. 3-2of3
(Viri Technology, LLC)
Qbdlfu!Qh/!223
6/G/b
3.Miscellaneous.
A.The Consultant accepts all requirements of this Amendment by signing below,
and by its signature waivesany protest or claim it may have regarding the Agreement or this
Amendment.This Amendment, unless otherwise provided, does not relieve the Consultant from
strict compliance with the guarantee and warranty provisions of the original Agreement.
B.All acts consistent with the authority of the Agreement, previous Amendments
(if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified
and affirmed, and the terms of the Agreement, previous Amendments (if any),and this
Amendment shall be deemed to have applied.
C.The parties whose names appear below swear under penalty of perjury that
they are authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:CITY:
Viri Technology, LLCCity of Kent
By:By:
(signature)(signature)
Print Name:Print Name:
ItsIts
(title)(title)
DATE:DATE:
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
___________________________
Kent City Clerk
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
AMENDMENT NO. 3-3of3
(Viri Technology, LLC)
Qbdlfu!Qh/!224
6/G/b
Exhibit C: Amendment 3 with Robert Half International, Inc.
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
Qbdlfu!Qh/!225
6/G/b
AMENDMENT NO. 3
NAME OFCONSULTANT: Robert Half International, Inc.
CONTRACT NAME & PROJECT NUMBER:Temporary Staffing & Recruitment, #CAG2019-389
ORIGINAL AGREEMENT DATE:August 14, 2019
This Amendment is made between the City and the above-referenced Consultant and
amends the original Agreement and all prior Amendments.All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendmentshall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, the Agreement is
modified as follows:
1.Time of Completion. Section II of the Agreement, entitled “Time of Completion,”
authorized extensions of the Agreement for successive one (1) year terms through an amendment
authorized by the parties. Consistent with that provision, the parties desire to amend the
Agreement’s term as provided below:
Original Time for Completion December 31, 2020
(insert date)
Revised Time for Completion under December 31, 2021
prior Amendments
(insert date)
Add’l Days Required (±) for this Amendment365calendar days
Revised Time for CompletionDecember 31, 2022
(insert date)
2.Compensation. Section III of the Agreement, entitled “Compensation,” is amended
toreplace it with the following:
III.COMPENSATION.
A.The City shall pay the Consultant, based on time and materials,
for services provided under this Agreement during its Initial Term
and each Renewal Term exercisedby the City and agreed upon
by the Consultant. During the original term of the Agreement
from August 14, 2019, through December 31, 2020, theKent City
Councilestablished an overall budget of$2,499,226.49 for all
temporary staffing and placement of IT professionals provided by
Consultant, and others retained by the City to provide similar
work.
Through Amendment No. 1, the temporary IT staffing budget was
increased by an additional $1,250,000.00 through December 31,
2021,for an adjusted budget of $3,749,226.40.
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
AMENDMENT NO. 3-1of3
(Robert Half International, Inc.)
Qbdlfu!Qh/!226
6/G/b
Through Amendment No. 2, the Kent City Council increased the
temporary IT staffing budget by an additional $1,224,500.00
through December 31, 2021, for an adjusted budget of
$4,973,726.49.
Through Amendment No. 3, the Kent City Council increased the
temporary IT staffing budget by an additional $4,161,600.00
through December 31, 2022, for an adjusted budget of
$9,135,326.49and City staff is not authorized to approve any
work beyond that budgeted amount. The City will monitor fees
charged in relation to that collective budgeted amount, and if
services provided by Consultant and others will cause the City to
exceed that budgeted amount, the City will either seek additional
approval through a contract amendment authorized by the Mayor
or Council as the Kent City Code may require, or terminate
Consultant’s services as provided for in this Agreement.
Consultant acknowledges andunderstands that it is not the City’s
exclusive provider of these services, but is instead one of several
consultants who have been retained to provide temporary staffing
and placement services. The City maintains its unqualified right
to obtain these services through other sources. This Agreement
is for on-call and as-needed services, the need for which is
determined in the City’s sole judgment and discretion. Consultant
shall have no obligation to continue performance once the “not to
exceed” amount limitation has been attained. The City shall be
responsible for all charges for services in the event the City fails
to notify Consultant of termination of the assignment or fails to
increase of the “not to exceed” amount.
The Consultant’s billing rate willbe negotiated at the time an
Assigned Individual is assigned to perform services for the City.
The temporary worker Consultant assigns to perform work under
this Agreement (“Assigned Individual”) will submit either an
electronic time record or a time sheet for City’s verification and
approval at the end of each week. Based upon that approved time
record or time sheet, the Consultant will submit weekly payment
invoices to the City for payment, which will reflect the previously
agreed and negotiated billing rate.
B.The City shall provide payment to Consultant within forty-five
(45) days of its receipt of proper invoice from Consultant. If the
City objects to all or any portion of an invoice due to billing or
invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute until
any such dispute is settled by the parties. In that event, the
parties will immediately make every effort to settle the disputed
portion.
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
AMENDMENT NO. 3-2of3
(Robert Half International, Inc.)
Qbdlfu!Qh/!227
6/G/b
3.Miscellaneous.
A.The Consultant accepts all requirements of this Amendment by signing below,
and by its signature waivesany protest or claim it may have regarding the Agreement or this
Amendment.This Amendment, unless otherwise provided, does not relieve the Consultant from
strict compliance with the guarantee and warranty provisions of the original Agreement.
B.All acts consistent with the authority of the Agreement, previous Amendments
(if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified
and affirmed, and the terms of the Agreement, previous Amendments (if any),and this
Amendment shall be deemed to have applied.
C.The parties whose names appear below swear under penalty of perjury that
they are authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:CITY:
Robert Half International, Inc.City of Kent
By:By:
(signature)(signature)
Print Name:Megan SlabinskiPrint Name:
ItsDirectorIts
(title)(title)
DATE:DATE:
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
___________________________
Kent City Clerk
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
AMENDMENT NO. 3-3of3
(Robert Half International, Inc.)
Qbdlfu!Qh/!228
6/G/b
Exhibit D: Amendment 1 with TEKsystems, Inc.
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
Qbdlfu!Qh/!229
6/G/b
AMENDMENT NO. 1
NAME OFCONSULTANT: TEKsystems, Inc.
CONTRACT NAME & PROJECT NUMBER:Temporary Staffing & Recruitment, #CAG2021-433
ORIGINAL AGREEMENT DATE:September29, 2021
This Amendment is made between the City and the above-referenced Consultant and
amends the original Agreement and all prior Amendments.All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendmentshall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, the Agreement is
modified as follows:
1.Time of Completion. Section II of the Agreement, entitled “Time of Completion,”
authorized extensions of the Agreement for successive one (1) year terms through an amendment
authorized by the parties. Consistent with that provision, the parties desire to amend the
Agreement’s term as provided below:
Original Time for Completion December 31, 2021
(insert date)
Revised Time for Completion under N/A
prior Amendments
(insert date)
Add’l Days Required (±) for this Amendment365calendar days
Revised Time for CompletionDecember 31, 2022
(insert date)
2.Compensation. Section III of the Agreement, entitled “Compensation,” is amended
toreplace it with the following:
III.COMPENSATION.
A.The City shall pay the Consultant, based on time and materials,
for services provided under this Agreement during its Initial Term
and each Renewal Term exercisedby the City and agreed upon
by the Consultant. The Kent City Council established an overall
budget of$4,973,726.49 for alltemporary staffing and placement
of IT professionals provided by Consultant, and others retained
by the City to provide similar work, through the year 2021.
Through Amendment No. 1, the Kent City Council increased the
temporary IT staffing budget by an additional $4,161,600.00
through December 31, 2022, for an adjusted budget of
$9,135,326.49, and City staff is not authorized to approve any
work beyond that budgeted amount. The City will monitor fees
charged in relation to that collective budgeted amount, and if
Buubdinfou;!Bnfoenfout.Dpotvmubou!TB.JU!Ufnqpsbsz!Tubgg!!)3:42!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfou!gps!JU!Ufnqpsbsz!Tubgg!.
AMENDMENT NO. 2 -1of3
(TEKsystems, Inc.)
Qbdlfu!Qh/!22:
6/G/b
services provided by Consultant and others will cause the City to
exceed that budgeted amount, the City will either seek additional
approval through a contract amendment authorized by the Mayor
or Council as the Kent City Code may require, or terminate
Consultant’s services as provided for in this Agreement.
Consultant acknowledges and understands that it is not the City’s
exclusive provider of these services, but is instead one of several
Consultants who have been retained to provide temporary
staffing and placement services. The City maintains its
unqualified right to obtain these services through other sources.
This Agreement is for on-call and as-needed services, the need
for which is determined in the City’s sole judgment and discretion.
Consultant shall have no obligation to continue performance once
the “not to exceed” amount limitation has been attained. The
City shall be responsible for all charges for services in the event
the City fails to notify Consultant of termination of the assignment
or fails to increase of the “not to exceed” amount.
The Consultant’s billing rate will be negotiated at the time an
Assigned Individual is assigned to perform services for the City.
The temporary worker Consultant assigns to perform work under
this Agreement (“Assigned Individual”) will submit either an
electronic time record or a time sheet for City’s verification and
approval at the end of each week. Based upon that approved time
record or time sheet, the Consultant will submit weekly payment
invoices to the City for payment, which will reflect the previously
agreed and negotiated billing rate.
B.The City shall provide payment to Consultant within forty-five
(45) days of its receipt of proper invoice from Consultant. If the
City objects to all or any portion of an invoice due to billing or
invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute until
any such dispute is settled by the parties. In that event, the
parties will immediately make every effort to settle the disputed
portion.
.
3.Miscellaneous
A.The Consultant accepts all requirements of this Amendment by signing below,
and by its signature waivesany protest or claim it may have regarding theAgreement or this
Amendment.This Amendment, unless otherwise provided, does not relieve the Consultant from
strict compliance with the guarantee and warranty provisions of the original Agreement.
B.All acts consistent with the authority of the Agreement, previous Amendments
(if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified
and affirmed, and the terms of the Agreement, previous Amendments (if any),and this
Amendment shall be deemed to have applied.
C.The parties whose names appear below swear under penalty of perjury that
they are authorized to enter into this Amendment, which is binding on the parties of this contract.
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AMENDMENT NO. 2 -2of3
(TEKsystems, Inc.)
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IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:CITY:
TEKsystems, Inc.City of Kent
By:
(signature)
By:
Print Name:
(signature)
ItsPrint Name:
(title)
Its
DATE:
(title)
DATE:
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
___________________________
Kent City Clerk
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AMENDMENT NO. 2 -3of3
(TEKsystems, Inc.)
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Exhibit E: Consultant Services Agreement with Affirma, LLC
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CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Affirma, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Affirma, LLC,authorized to conduct business in Washington, and located and doing business
th
at 3380 146Pl SE #100, Bellevue, WA 98007(hereinafter the "Consultant").
I.DESCRIPTION OF WORK.Consultant shall perform the following Servicesfor the City in
accordance with the following described plans and/or specifications:
Supplemental staffing and recruiting serviceson a time and material basis,under the technical
direction and supervision of City, and talent acquisition and executive search services on an
on-call, as-needed basis as determined by the City(“Services”).The specifics of the services
provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that
, which will confirm details of the assignment of
attached and incorporated as Exhibit C
Consultant’s Assigned Individual as further specified herein. The Job Arrangement Letter
acknowledges that the assignment is under the terms of a signed agreement between the
parties.
Consultant represents and warrants that the Services furnished under this Agreement will be
performed in a goodand workmanlike manner and consistent with generally accepted professional recruiting
practices within the Puget Sound region in effect at the time those Services are performed. Consultant
further represents and warrants that its representatives assigned to perform Services for City shall be fully
qualified, experienced, and technically trained and shall perform the services in a reasonably cost-efficient
manner. For anybreach of this warranty, Consultant shallnot charge the Cityfor the first forty (40) hours
worked byConsultant’s Assigned Individualfor the unsatisfactory services.
Contractor represents and warrants that it has the personnel, expertiseand corporate infrastructure
available to support the design, delivery,andimplementation of each deliverable and meet any milestones
and/or deadlines imposed by this Agreement, as well as performing the Services described herein in accordance
with the terms and conditions of this Agreement.This provision is intended to provide assurance to the City
that Contractor has the talent pool available that is capable of performing as this Agreement requires, and that
Contractor will use its best efforts to locate personnel whose skillset—technical, professional, and
interpersonal—meet the City’s needs and desires.
II.TIME OF COMPLETION. This Agreement will become effective on the date it is fully signed
by the parties andwill continue through December 31, 2022(“Initial Term”). The parties agree that work
will begin on the tasks described in Section I above immediately upon the effectivedate of this Agreement.
The parties may agree to extend this Agreement for successive one(1) year terms, which extensions will
be authorized through an Amendment to this Agreement (“Renewal Term”).
III.COMPENSATION.
A.The City shall pay the Consultant, based on time and materials for Services provided under
this Agreement during its Initial Term and each Renewal Term exercised by the City and
agreed upon by the Consultant. The Kent City Council has established an overall budget of
$9,135,326.49for alltemporary staffing and placement of IT professionals provided by
Consultant, and others retained by the City to provide similar work, through the year 2022,
and City staff is not authorized to approve any work beyond that budgeted amount. The City
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will monitor fees charged in relation to that collective budgeted amount, and if Services
provided by Consultant and others will cause the City to exceed that budgeted amount, the
City will either seek additional approval through a contract amendment authorized by the
Mayor or Council as the Kent City Code may require, or terminate Consultant’s services as
provided for in this Agreement.
Consultant acknowledges and understands that it is not the City’s exclusive provider of these
services, but is instead one of several Consultants who have been retained to provide
temporary staffingand placement services. The City maintains its unqualified right to obtain
these services through other sources. This Agreement is for on-call and as-needed services,
the need for which is determined in the City’s sole judgment and discretion.
The Consultant’s billing rates will be negotiated at the time an Assigned Individual is assigned
and that agreed billing rate will be provided for on the Assigned Individual’s timesheet.If
applicable, overtime will be billed at 1.5times that rate. The temporary worker Consultant
assigns to perform work under this Agreement (“Assigned Individual”) will submit either an
electronic time record or a time sheet for City’s verification and approval at the end of each
week.The signing of a weekly timesheetby an authorized Cityrepresentative shall constitute
acceptance of the hours claimed to have been performed.
B.The Consultant shall submit weeklypayment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within thirty (30)days of receipt of an invoice. If the City objects to all or any portion
of an invoicedue to billing or invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in disputeuntil any such dispute is settled
by the parties.In that event, the parties will immediately make every effort to settle the
disputed portion.
IV.INDEPENDENT CONTRACTOR.The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement.By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A.The Consultant has the ability to control and direct the performanceand details of its workas
a recruiting firm, the City being interested only in the results obtained under this Agreement.
B.The Consultant maintains and pays for its own place of business from which Consultant’s
placementservices under this Agreement will be performed.
C.The Consultant has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained Consultant’s
services, or the Consultant is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
D.The Consultant is responsible for filing as they become due allnecessary tax documents with
appropriate federal and state agencies, including the Internal Revenue Service and the state
Department of Revenue.
E.The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s business
andhas obtained a Unified Business Identifier (UBI) number from the State of Washingtonif
applicable to Consultant.
F.The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
V.CITY PROPERTY. City and Consultant agree and understand that the work performed
hereunder is “Work for Hire.” If for any reason work does not constitute“Work for Hire,” Consultant hereby
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assignsallcopyrightsthereintothe City effectiveasofthedate(s)suchmaterialshadbeencreated.
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Consultant agreestosignanddeliveranydocumentationthatmaybereasonablyrequiredbythe
Consultant shall at all times protect City’s property from
City toeffectuatetheforegoingassignment.
injury or loss arising in connection with this Agreement. If provided access, either locally or via remote
access, to City’s network, Consultant shall prevent loss of system files and data on City’s servers due to the
negligent, reckless, or willful misconduct of Consultantor its Assigned Individual. Consultant shalltreat as
confidential all information related to remote access, including instructions, user IDs, and passwords. In no
case shall Consultant allow a third party (i.e. not employed by Consultant) to remotely connect to City’s
network.
VI.SECURITY.Given the nature of the services provided, Consultant must make every
reasonable effort to protect City systems and data from improper access. In no case shall any employees.
agents, representatives and/or subcontractors of Consultant, including the Assigned Individual, have access
to City passwords, accounts, records or data files without prior written approval from the City. For security
purposes, Assigned Individuals shall be subject to all lawful background investigations, including without
limitation criminalconvictionbackground investigations, as may be reasonably required by the City. At the
direction of City, Consultant shall do all things necessary or appropriate to facilitate the background checks
including but not limited to obtaining permissions or written waivers from the Assigned Individual, and/or
contracting with a third party to perform the background checks per City’s specifications.
VII.PROJECT TEAM.
. Consultant understands that the
A.Assignment of Assigned Individual to Project Team
Assigned Individual works as part of the City’s project team, and as such, once assigned, the Assigned
Individual is essential to the services offered pursuant to this Agreement. Therefore, the parties agree that:
Consultant will not transfer or reassign such Assigned Individual without the express written agreement of
City; and should such Assigned Individual no longer be employed during the term of this Agreement by
Consultant for whatever reason, City shall have the right to request a specific replacement. In addition, the
City reserves the right to request reassignment of any Assigned Individuals if the City, in good faith, believes
such individual does not meet performance/qualification standardsestablished by the City. Consultant
guarantees the City’s satisfaction withthe services provided by the Assigned Individual by extending a one-
day (8 hour) guarantee period. If, for any reason, the City is dissatisfied with the services provided by the
Assigned Individual, Consultant will not charge for the first 8-hours worked,provided (1) the City contacts
Consultant within those first 8 hours to report its dissatisfaction, and (2) the City consents to Consultant
replacing the Assigned Individual.
B.Right of City To Reject Assigned Individual. City shall have the right to reject any
Assigned Individual whose qualifications or performance in the City's good faith and reasonable judgment
does not meet the standards established by City as necessary for the performance of the servicesor does
not meet prescribed IT department policy, standards, proceduresandguidelines,attached and incorporated
as Exhibit A.Such notice shall be provided in writing to the designated location for receipt of notices. Upon
receipt of notice, Consultant shall verify receipt of notice and shall meet with City to discuss the problem;
and is then responsible for replacing rejected Assigned Individuals, and should do so within ten (10) business
days from the date of the meeting unless otherwise agreed upon in writing.
VIII.TERMINATION.Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.After termination, the City may take possession of all records and data within the
Consultant’s possessionpertaining to this project, which may be used by the City without restriction.
IX.DISCRIMINATION.In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
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X.INDEMNIFICATION.Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
negligent performance ofthe Services underthis Agreement, except for that portion of the injuries and
damages caused by the City's negligence, gross negligence, or willful misconduct.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant’s liability accruing from that obligationshall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION.THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a courthaving
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal
on the Consultant’s part.
Other than when necessary for Consultant to fulfill its indemnification responsibilities with respect to
third-parties, under no circumstancesshall either party be directly liable to the other for indirect,
consequential, or punitivedamages whether arising in contract, tort or otherwise.
The provisions of this section shall survive the expiration or termination of this Agreement.
XI.INSURANCE.The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit Battached and incorporated by this reference.
XII.EXCHANGE OF INFORMATION.The City will provide its best efforts to provide reasonable
accuracy of any information supplied byit to Consultant for the purpose of completion of the work under
this Agreement.
XIII.OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created by the Assigned Individual underthis Agreement
shall belong to and become the property of the City. The Consultant acknowledges that the City is a public
agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington.As
such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations
under the Public Records Act.
XIV.CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with
the authority to control and direct the performance and details of Consultant’s workas a recruiting firm
authorized under this Agreement, the Assigned Individual’s work must meet the approval of the City and
shall be subject to the City's general right of inspection to secure satisfactorycompletion.City shall provide
the Assigned Individual providing services to City with day-to-day oversight and direction.
XV.WORK PERFORMED AT CONSULTANT'S RISKAND JOB LIMITATIONS.The City agrees
that it will provide safe on-site working conditions.Consultant shall take all necessary precautions and shall
be responsible for the safety of its employees, agents, and subcontractors in the performanceof any contract
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work off-site and shall utilize all protection necessary for that purpose. All off-site work shall be done at
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Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work.The City agrees that it will not permit or
require Consultant’sAssigned Individual: (i) to perform services outside of the scope of his or her
assignment; (ii) to sign contracts or statements; (iii) to make any final decisions regarding system design,
software development or theacquisition of hardware or software; (iv) to make any management decisions;
(v) to sign, endorse, wire, transport or otherwise convey cash, securities, checks or any negotiable
instruments or valuables; (vi) to use computers, or other electronic devices, software or network equipment
owned or licensed by the Assigned Individual; or (vii) to operate machinery (other than office machines) or
automotive equipment.
XVI.MISCELLANEOUS PROVISIONS.
.Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
A.Recyclable Materials
contractors and consultants to use recycled and recyclable products whenever practicable.A price preference
may be available for any designated recycled product.
B.Non-Waiver of Breach.The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C.Resolution of Disputes and Governing Law.This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process.In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
provided, however, nothing in this paragraph shall be construed to limit the City's
award provided by law;
right to indemnification under Section Xof this Agreement.
D.Written Notice.All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary.Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E.Assignment.Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void.If the non-assigning party gives its consent to any assignment, the
terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F.Modification.No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G.Entire Agreement.The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement.All of the above documents are hereby made a part of this
Agreement.However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H.Compliance with Laws.The Consultant agrees to comply with allapplicablefederal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
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I.Public Records Act.The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washingtonand documents, notes,
emails, and other records prepared or gathered by the Consultantin its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent.As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties
and obligations under the Public Records Act.
J.City Business License Required.Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K.Counterparts and Signatures by Fax or Email.This Agreement may be executed in any number
of counterparts, each of which shall constitute an original, and all of which will together constitute this one
Agreement.Further, upon executing this Agreement, either party may deliver the signature page to the
other by fax or email and that signature shall have the same force and effect as if the Agreement bearing
the original signature was received in person.
L.Background Checks. If City requires Consultant to perform background checks or other
placement screenings of Consultant’s Assigned Individuals, City agrees to notify Consultant prior to the start
of services under this Agreement. Consultant will conduct such checks or screenings only if they are
described in a signed, written amendment to this Agreement.If City requests a summary copy of the results
of any checks conducted on Consultant’s Assigned Individuals, City agrees to keep suchsummaryresults
strictly confidential and to use such results in accordance with applicable laws and solely for employment
purposes.
M.Confidentiality to the Extent Allowed by Law. City agrees to hold in confidence the identity of
any Assigned Individual and the Assigned Individual’s resume, social security number,and other legally
protected personal information, and the City agrees to implement and maintain reasonable security
procedures and practices to protect such information from unauthorized access, use, modification or
disclosure, unless disclosure is required by law.
N.Conversion of Assigned Individual to City Employee. .City may not directly or indirectly, for
itself, or on behalf of any other person, firm, corporation or other entity, whether as principal, agent,
employee, stockholder, partner, member, officer, director, sole proprietor, or otherwise, solicit, participate
in or promote the solicitation of any Assigned Individual to leave the employ of Consultant, or hire or engage
any Assigned Individual who has not completed a minimum of six (6) months of continuous assignment to
the City under this Agreement. However, if any Assigned Individual has been assigned to the City for at
least six (6) months, then City may employ or otherwise professionally engage that Assigned Individual
without any financial compensation or liquidated damages owed to Consultant.
/ /
/ /
/ /
/ /
/ /
/ /
/ /
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. The Citymay authorize an Assigned Individual to work remotely off-site, away
O.Remote Work
from a Citylocation. Cityis aware that the remote work location is not a Consultantlocation and is not a
site managed by Consultant. In such event, Cityshall provide the Assigned Individual with hardware (if
applicable), software, and network connectivity (such as a secure Virtual Private Network) to perform the
Services remotely and shall be responsible for ensuring any City-provided hardware, software, and network
meet Citysecurity obligations and measures. At no time will Consultantor its Assigned Individual be storing
City’sdata on Consultant’sequipment.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:CITY:
Affirma, LLCCity of Kent
By:By:
(signature)(signature)
Print Name:Print Name:Dana Ralph
ItsItsMayor
(title)
DATE:
DATE:
ATTEST:
Kent City Clerk
APPROVED AS TO FORM:
Kent Law Department
NOTICES TO BE SENT TO:NOTICES TO BE SENT TO:
Affirma, LLC:CITY OF KENT:
7437 Race Rd,ITA@kentwa.gov
Hanover, MD 21076City of Kent
220 Fourth Avenue South
(___) ______________ (telephone)Kent, WA98032
(___) ______________ (facsimile)
(253) 856-4600(telephone)
(253) 856-4700(facsimile)
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DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding
equal opportunity.As such all contractors, subcontractors and suppliers who
perform work with relation to this Agreement shall comply with the regulations
of the City’s equal employment opportunity policies.
The following questions specifically identify the requirements the City deems
necessary for any contractor, subcontractor or supplier on this specific
Agreement to adhere to.An affirmative response is required on all of the
following questions for this Agreement to be valid and binding.If any
contractor, subcontractor or supplierwillfully 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 asset forth above.
By signing below, I agree to fulfill the five requirements referenced above.
By:___________________________________________
For:__________________________________________
Title:_________________________________________
Date:_________________________________________
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EEO COMPLIANCE DOCUMENTS-1
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CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER:1.2EFFECTIVE DATE:January
1, 1998
SUBJECT:MINORITY AND WOMENSUPERSEDES:April 1, 1996
CONTRACTORSAPPROVED 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
assigned by Consultant to perform services to City under the Agreement
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.
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EEO COMPLIANCE DOCUMENTS-2
(Over $20,000)
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETIONof 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 inSection IXofthe Agreement and 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:_________________________________________
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EEO COMPLIANCE DOCUMENTS-3
(Over $20,000)
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Exhibit A
Number: ITP 3-01 Effective
Date:
Subject: Supersedes: Previous IT
Information Technology
Personnel Policies
Personnel Policy
Approved:
1.Purpose
This document describes personnel policies that are specific to IT staff members. City of
Kent HR personnel policies are predominant on details that are not addressed on this policy.
2.Scope
This policy applies to all IT staff members for whom there are specific department rules not
specified in the City of Kent HR Personnel Policy manual.
2.1.Collective Bargaining Agreements
Employees covered by collective bargaining agreements or Civil Service Rules will be subject
to the specific terms of those agreements and rules. In the event a collective bargaining
agreement or the Civil Service Rules do not contain language regarding personnel policies as
specified in this document, then those employees will be governed by this policy.
2.2.Authority
This policy is written by the Information Technology (IT) Department, under the authority of
the IT Director and in compliance with the City’s employment policies, and it supersedes all
previous versions of the IT Personnel Policy. The City of Kent Employee policies shall govern
all questions concerning the construction, validity and interpretation of this policy. Any
exceptions to this policy must be approved in advance by the City IT Director.
2.3.References
City of Kent Personnel Policies
New IT Employee Cheat Sheet
3.Policy
3.1.Daily Operations
3.1.1.Core Hours
Unless covered by collective bargaining agreements, vendor contracts, or otherwise
authorized by the IT Director, manager and/or supervisor and documented within a
INFORMATION TECHNOLOGY PERSONNEL POLICY-1
Exhibit A
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personnel file, all IT department personnel must adhere to core working hours, which
are 8:00 AM to 5:00 PM Monday through Friday.
If an employee anticipates being more than 15 minutes late for work or absent due to
sickness they must notify their manager or supervisor using a previously agreed upon
method (text message, call, email).
3.1.2.Flexible Working Hours
IT Department employees may request alternative work schedules pursuant to the City’s
Personnel Policy 2.16, Alternative Work Schedule. Eligibility is determined by the
employee’s direct supervisor, IT management, or Human Resources Director based on
the department’s needs and its ability to accommodate the alternative schedule.
3.1.3.Telecommuting
A temporary telecommuting schedule accommodation can be put into place with the
approval of the IT Director, manager and/or supervisor. Additional time reporting
requirements may be instituted to ensure proper accountability.
3.1.4.Overtime
Any request for overtime hours/work needs to first be approved by an employee's
manager or supervisor. Approval must be sought by the employee and provided by the
supervisor or manager in writing (email, captured text message, etc.) prior to the
overtime work being performed.
Managers, supervisors and employees are expected to keep copies of the "in-writing"
approvals of overtime for audit, timekeeping, time-entry, and historical purposes.
3.1.5.Vacation Requests
Requests for vacation time need to be approved in advance by an employee's manager
or supervisor. Approval must be sought by the employee and provided by the supervisor
or manager in the JDE system prior to the vacation being taken.
Managers and supervisors are responsible for maintaining adequate levels of service
and therefore reserve the right to decline vacation requests if needed.
3.1.6.Holiday Observance
Unless otherwise authorized by the IT Manager and/or Director, in the event of an
emergency, all departmental staff and contractors are required to observe all City
established holidays and closed office notices.
3.2.Supplies and Assets
Employees shall be provided with the tools required to perform their job duties as specified
on their job description, as well as additional tools at the discretion of the IT Director,
manager, or supervisor.
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INFORMATION TECHNOLOGY PERSONNEL POLICY-2
Exhibit A
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4.Standards
4.1.Performance
The IT Department focuses on delivering services to the City. To provide a reliable, high-
quality level of service, IT employees may occasionally be assigned with activities beyond
those explicitly stated in job descriptions, contracts, or statements of work. Such activities
are defined and delegated at the discretion and interpretation of the IT Director, manager,
or supervisor.
4.2.Calendar Usage
All IT employees must grant read-only access to their Outlook calendars to all IT divisions.
This allows other users to optimally plan out their meetings, improves communication and
efficiency, and saves time by eliminating the time spent going back-and-forth with them
trying to pick the perfect date and time.
Any appointments that contain sensitive or personal information can be marked as “private”
by the user.
5.Revision History
Date Revision Supersedes Summary of Changes
#
11/29/2018 1.0 - Initial creation
1/28/2019 1.1 1.0 Added Collective Bargaining Agreements
paragraph
5/16/2019 1.2 1.1 Approved by IT Management Team
6.Inquiries
Direct inquiries about this policy to:
Information Technology Department
City of Kent
220 Fourth Ave S
Kent, WA 98032
Voice: 253-856-4601
E-mail: ServiceDesk@kentwa.gov
http://servicedesk/
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INFORMATION TECHNOLOGY PERSONNEL POLICY-3
Exhibit A
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant,
their agents, representatives, employees or subcontractors.
A.Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1.Automobile Liabilityinsurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability coverage.If necessary, the
policy shall be endorsed to provide contractual liability coverage.
Commercial General Liabilityinsurance shall be written on ISO occurrence form CG
00 01.The City shall be includedas an Additional Insured under the Consultant’s
Commercial General Liability insurance policy with respect to the work performed
for the City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2.Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
B.Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1.Automobile Liabilityinsurance with a minimum combined single limit for bodily
injury and property damage of$1,000,000 per occurrence.
2.Commercial General Liabilityinsurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
C.Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance:
1.The Consultant’s insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
2.The Consultant agrees to provide at least 30 days’ notice to the City in the event
Consultant’s insurance coverage is being cancelled or substantially modified (e.g.
a new carrier).
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INSURANCE REQUIREMENTS -1
Exhibit B
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3.The City of Kent shall be includedas an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the Consultant
and a copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance.The City reserves the right to receive a
certified copy of all required insurance policies.The Consultant’s Commercial
General Liability insurance shall also contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer’s liability.
D.Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E.Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F.Subcontractors
Consultant shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor.All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated
herein for the Consultant.
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INSURANCE REQUIREMENTS -2
Exhibit B
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EXHIBIT C
Date
CONTACT NAME
Job Order Number: Job Order #
COMPANY NAME
STREET ADDRESS 1
STREET ADDRESS 2 OR CITY, ST ZIP
CITY, ST ZIP OR SPACE IF NOT REQUIRED
Dear Contact First Name,
Thank you for selecting xxx\[OR OTHER APPLICABLE DIVISION\] to meet your
staffing needs.Candidate Nameis scheduled to start with Company Nameas a
Functional Roleon _______________.
As agreed, we will invoice your firm at the rate of $______per hour. If
applicable, overtime will be billed at 1.50times such rate. Federal law defines
overtime as hours in excess of 40 hours per week, state laws may vary.
Applicable sales and service taxes shall be added to all invoices. Our professional
will submit either a time sheet or an electronic time record for verification and
approval at the end of each week. Your approval thereby will indicate your
acceptance of the terms herein.
Our accounting and operational procedures require you receive this document.
This standard document will be sent with each Job Order you place with xxx.
We acknowledge that xxxand Company Namehave a signed agreement. The
terms of the signed agreement, along with the terms of this letter, shall govern
the services provided by such employee or consultant at Company Name.
Please do not hesitate to contact us if you have any questions or we can be of
additional service. We look forward to working with you.
Sincerely,
xxx
Street Address 1
Street Address 2 or City, St Zip
City, ST Zip or Space if not Required
(800) 111-2222
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INSURANCE REQUIREMENTS -3
Exhibit B
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POLICE DEPARTMENT
Rafael Padilla, Police Chief
220 Fourth Avenue South
Kent, WA 98032
253-852-2121
DATE: November 16, 2021
TO: Operations and Public Safety Committee
SUBJECT: INFO ONLY: Red Light Camera Program
SUMMARY: Assistant Chief Eric Hemm
Light Camera Program.
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.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
Kent, WA 98032
253-856-5710
DATE: November 16, 2021
TO: Operations and Public Safety Committee
SUBJECT: INFO ONLY: Race and Equity Strategic Plan Update
SUMMARY: Race and Equity Manager, Uriel Varela will be providing an update of
the Race & Equity strategic plan timeline, process, areas of focus and preliminary
goals.
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.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: November 16, 2021
TO: Operations and Public Safety Committee
SUBJECT: INFO ONLY: Litter Signage - From Budget Workshop
SUMMARY: Public Works Director Chad Bieren will update the Council on the Litter
Signage discussion that came out of workshop.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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