HomeMy WebLinkAboutCity Council Committees - Operations and Public Safety Committee - 11/15/2022 (2) 4^* Operations and Public Safety
• Committee
KENT Tuesday, November 15, 2022
WASHINGTON 4:0 0 PM
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 828 7732 2829, Passcode: 598628
Chair Bill Boyce
Councilmember Brenda Fincher Councilmember Satwinder Kaur
Councilmember Marli Larimer Councilmember Zandria Michaud
Councilmember Les Thomas Councilmember Toni Troutner
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business Chair
A. Approval of Minutes
Approval of November 1, YES Chair 01 MIN.
2022 Minutes
B. Second Amendment to YES Margaret Yetter 05 MIN.
Interlocal Agreement with
Maple Valley for Municipal
Court Services - Approve
C. Food Services Agreement YES Assistant Chief 05 MIN.
for the Kent Correctional Stansfield
Facility - Authorize
D. Agreement with The Segal YES Teri Smith 05 MIN.
Group, Inc, for a Non- Natalie Winecka
Represented Salary Survey
- Authorize
E. Independent Salary YES Tammy White 05 MIN.
Commission Ordinance -
Adopt
F. Consultant Services YES Brian Rambonga 05 MIN.
Operations and Public Safety Committee CC Ops and November 15, 2022
PS Regular Meeting
Agreements with
Protingent, Inc.,
TEKsystems, Inc., and
Affirma, LLC - Authorize
G. Consolidating Budget YES Michelle Ferguson 05 MIN.
Adjustment Ordinance for
Adjustments between July
1, 2022 and September 30,
2022 - Adopt
H. Resolution Against Hate - YES Councilmember Fincher 05 MIN.
Adopt
I. INFO ONLY: September NO Michelle Ferguson 10 MIN.
2022 Monthly Financial
Report
5. Adjournment Chair
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Unless otherwise noted, the Operations and Public Safety Committee meets at 4 p.m. on the first and
third Tuesday of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent,
WA 98032
For additional information please contact Kim Komoto at 253-856-5728, or email
Kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-
5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1.
Pending Approval
Operations and Public Safety
KENT Committee
WA9H... CC Ops and PS Regular Meeting
Minutes
November 1, 2022
Date: November 1, 2022
Time: 4:00 p.m.
Place: Chambers
Members: Bill Boyce, Chair
Brenda Fincher, Councilmember
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Zandria Michaud, Councilmember
Les Thomas, Councilmember -
Toni Troutner Councilmember
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Agenda: a
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1. Call to Order 4:00 p.m. a
Council President Boyce called the meeting to order.
2. Roll Call c
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Attendee Name Title Status Arrived ;
Bill Boyce Chair Present z°
Brenda Fincher Councilmember Present o
Satwinder Kaur Councilmember Present r
Marli Larimer Councilmember Present =
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
Toni Troutner Councilmember Present r
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3. Agenda Approval Q
I move to approve the agenda as presented. a
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
4. Business
A. Approval of Minutes
Approval of Minutes dated October 18, 2022
MOTION: Move to approve the Minutes dated October 18, 2022
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page I of 4 Packet Pg. 3
Operations and Public Safety Committee CC Ops November 1, 2022
and PS Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
B. Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills.
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM N
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner -
C. Ordinance to Amend Section 8.09.030 of the Kent City Code, entitled >
"Unlawful camping on public property" - Adopt a
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Deputy City Attorney, Christina Schuck advised this ordinance makes minor a
technical, non-substantive changes to clarify language in section .030(B).
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MOTION: I move to adopt Ordinance No. 4444, amending section o
8.09.030 of the Kent City Code, entitled "Unlawful camping on public
property," to make a non-substantive clarification to the language c
within this section. N
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/1/2022 5:00 PM Z
MOVER: Les Thomas, Councilmember o
SECONDER: Zandria Michaud, Councilmember
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AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner =
D. Comprehensive Plan Amendment - 2023-2028 Capital Improvement
Program - Ordinance - Adopt
Finance Director, Paula Painter presented the Ordinance adopting the 2023-
2028 Capital Improvement Plan. Q
MOTION: I move to adopt Ordinance No. 4445, amending the Capital
Facilities Element of the Kent Comprehensive Plan to include the
2023- 2028 Capital Improvement Program.
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
E. Comprehensive Plan Amendment and Updated Impact Fees - Puget
Sound Regional Fire Authority's 2023-2028 Capital Improvement
Plan - Ordinance - Adopt
Long Range Planning Manager, Kristen Holdsworth presented the Ordinance
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 4 Packet Pg. 4
Operations and Public Safety Committee CC Ops November 1, 2022
and PS Regular Meeting Kent, Washington
Minutes
adopting the Comprehensive Plan Amendment and Updated Impact Fees -
Puget Sound Regional Fire Authority's 2023-2028 Capital Improvement Plan.
MOTION: I move to adopt Ordinance No. 4446, amending the Capital
Facilities Element of the Kent Comprehensive Plan by adopting the
Puget Sound Regional Fire Authority's 2023- 2028 Capital
Improvement Plan, including updating the Fire Impact Fees.
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
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AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
F. Comprehensive Plan Amendment — Kent, Auburn, and Federal Way °
School Districts' 2023-2028 Capital Facilities Plans — Ordinance - o
Adopt a
Holdsworth presented the Ordinance adopting the Comprehensive Plan a
Amendment - Kent, Auburn, and Federal Way School Districts' 2023-2028
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Capital Facilities Plans. o
MOTION: I move to adopt Ordinance No. 4447, amending the Capital N
Facilities Element of the Kent Comprehensive Plan by adopting the o
Kent, Auburn, and Federal Way School Districts' 2023-2028 Capital N
Facilities Plans. o
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RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM o
MOVER: Toni Troutner, Councilmember r
SECONDER: Marli Larimer, Councilmember c
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
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G. Updated School Impact Fees — Ordinance - Adopt
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Holdworth presented the Ordinance updating School Impact Fees. a
MOTION: I move to adopt Ordinance No. 4448, amending Sections Q
12.13.160 and 12.13.170 of the Kent City Code to adjust the school a
impact fee schedules for the Kent, Auburn, and Federal Way School
Districts.
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
H. Tax Code Amendments - Ordinance - Adopt
Finance Director, Paula Painter presented the Ordinance adopting tax code
amendments that redistributes of how the City will utilize utility taxes and
B&O taxes.
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 4 Packet Pg. 5
Operations and Public Safety Committee CC Ops November 1, 2022
and PS Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
This ordinance removes limitation on the allocation of revenue generated
from the City's B&O tax revenues and revised the fund allocations for tax
revenue generated from the City's tax on water, sewer and drainage utilities.
MOTION: I move to adopt Ordinance No. 4449, amending sections
3.18.020, 3.28.010, and 3.28.130 of the Kent City Code to revise the
fund allocations for tax revenue generated from the City's tax on
water, sewer, and drainage utilities, and to remove limitations on the
allocation of revenue generated from the City's B&O tax and square
footage tax.
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM -
MOVER: Marli Larimer, Councilmember
SECONDER: Zandria Michaud, Councilmember L
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner Q
I. Property Tax Levy Ordinance - Adopt
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Painter presented the Ordinance adopting the property tax levy amount. o
MOTION: I move to adopt Ordinance No. 4450, approving the N
property tax levy ordinance for the 2023 budget. c
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RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM
MOVER: Marli Larimer, Councilmember z
SECONDER: Brenda Fincher, Councilmember o
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner r
J. Ordinance Adopting the 2023-2024 Biennial Budget - Adopt
Painter presented the Ordinance adopting the 2023-2024 biennial budget.
MOTION: I move to adopt Ordinance No. 4451, adopting the 2023- Q.
2024 biennial budget.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM
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MOVER: Zandria Michaud, Councilmember
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SECONDER: Brenda Fincher, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
5. Adjournment 4:23 p.m.
Boyce expressed appreciation of the Mayor and Leadership team for bringing
forth a status quo budget. Boyce also expressed appreciation of the entire
Finance Department for all of their hard work putting this budget together.
Kt*n�ley Ko o-ro-
Committee Secretary
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Page 4 of 4 Packet Pg. 6
4.B
MUNICIPAL COURT
Margaret Yetter, Court Administrator
1220 Central Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5730
DATE: November 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: Second Amendment to Interlocal Agreement with Maple
Valley for Municipal Court Services — Approve
MOTION: I move to authorize the Mayor to sign a contract amendment that
extends Kent's interlocal agreement with Maple Valley for municipal court
services, for three years, with an option to renew for another three years
thereafter, at a cost of $207,856.08 per year, which amount will be
adjusted annually by CPI, up to a maximum increase of 50/o per year,
subject to final terms and conditions acceptable to the Court Administrator
and City Attorney.
SUMMARY: The City of Kent has been providing Maple Valley with access to a
courtroom and associated municipal court services since 2013. Maple Valley does
not own a facility suitable for conducting court proceedings and wishes to extend
the interlocal agreement for another three-year term. The Kent Municipal Court is
willing and able to continue to provide court services, staff, and probation services
as originally agreed. This current contract amendment extends the term of the
parties' interlocal agreement for another three years, while also providing an option
to renew that agreement for an additional three years thereafter, for a maximum
contract term through December 31, 2028.
Beginning January 1, 2023, the annual cost for Kent to provide these services to
Maple Valley will be $207,856.08. Thereafter, this amount will increase by the CPI-
W rate applicable to the Seattle-Tacoma-Bellevue region for the prior 12-month
period measured from June-to-June, up to a maximum increase of 5% per year.
Maple Valley provides its own judge, prosecutor, and public defenders for all court
hearings.
BUDGET IMPACT: Revenue of $207,856.08 in 2023; future revenue will be
increased by CPI, up to a maximum increase of 5% per year.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 7
4.B
ATTACHMENTS:
1. Second Amendment - Kent Court Services ILA (PDF)
Packet Pg. 8
4.B.a
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF MAPLE VALLEY AND THE CITY OF KENT `o
FOR MUNICIPAL COURT SERVICES
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SECOND AMENDMENT
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This Second Amendment (hereinafter "Second Amendment") to the Interlocal
Agreement Between the City of Maple Valley and the City of Kent for Municipal Court
Services (hereinafter "Agreement") is made and entered into by and between the City of Maple c
Valley ("Maple Valley"), a municipal corporation in the State of Washington and the City of Kent E
("Kent"), a municipal corporation in the state of Washington, collectively the("Parties").
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WHEREAS, the Parties entered into the Agreement which took effect on January 1, 2015; Q
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and
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WHEREAS, the Agreement expired on January 1, 2018, and the Parties executed S
Amendment No. I extending the Agreement for an additional term through December 31, 2020,
with an option to extend an additional three years through December 31, 2022 upon written
agreement; and c
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WHEREAS, the Parties would like to execute Amendment No. 2 extending the
Agreement for an additional three-year term expiring December 31, 2025 and making other E
minor Amendments to become effective at the beginning of the new term of the Agreement;
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NOW, THEREFORE, in consideration of the terms and provisions set forth below, it is y
mutually agreed by and between Maple Valley and Kent as follows:
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A. Amendment of Section 4 of Agreement. Section 4 of the Agreement is deleted
and replaced by the following: J
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4. Fees.
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4.1. Flat Fee. In consideration of the services and supplies Cn
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enumerated in Sections 2 and 3, supra, Maple Valley shall remit to Kent c
$207,856.08_annually,to be paid on a monthly basis at the rate of$17,321.34 each v
month. The annual rate is based upon the following estimates of case filings: Y
The Parties agree that for any month in which there are filed more
than 333 cases (either criminal cases, infractions, or a combination of both), Maple E
Valley will pay Kent an additional $4,751.00 over and above the monthly rate of
$17,321.34. E
On January 1,2024,the fees set forth in Section 4.1 shall be subject to 0
an annual inflator in an amount equal to the 12-month June-to-June CPI-W for the
Seattle-Tacoma-Bellevue region, PROVIDED THAT the total annual payment for
2024 shall not exceed 105% of the total annual payment for the 2023 contract
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SECOND AMENDMENT
Interlocal Agreement for Court Services Q
Between City of Kent and City of Maple Valley
Page 1 of 3
Packet Pg. 9
4.B.a
period. On January 1, 2025, the 2024 annual payment shall be subject to an annual
inflator in an amount equal to the 12-month June-to-June CPI-W for the Seattle- `o
Tacoma-Bellevue region, PROVIDED THAT the total annual payment for 2025
shall not exceed 105% of the total annual payment for the 2024 contract period.
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4.2. Other Fees and Costs. Kent shall be responsible to pay the a
following fees and other costs (which costs are not included in the Flat Fee) and
invoice Maple Valley monthly for reimbursement of those costs and fees:
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a. Witness fees;
b. Jury fees and juror summons' fees; E
C. Language interpreter fees;
d. Cost of printing forms used only by the Maple Valley Court a
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All other costs not specifically enumerated in Section 4.2 are
subsumed in the Flat Fee set forth in Section 4.1. c
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B. Amendment of Section 9 of Agreement. Section 9 of the Agreement is deleted 0
and replaced with the following: c
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9. Effective Date - Duration. This Agreement shall be in effect from
January 1, 2023 through December 31, 2025; provided, this Agreement may be
extended for up to three additional years by written agreement of the Chief a
Administrative Officer of Kent and the City Manager of Maple Valley. c
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C. Remainder of Agreement to Remain in Effect. The remainder of the Agreement y
shall remain in full force and effect unless further amended by written agreement Ln
of the parties.
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IN WITNESS WHEREOF,the parties have caused this Agreement to be executed. y
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CITY OF MAPLE VALLEY CITY OF KENT
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Laura K. Philpot, City Manager Dana Ralph,Mayor
Dated: Dated: Y
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ATTEST: ATTEST:
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Andrew Daucaq, City Clerk Kim Komoto, City Clerk
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Dated: Dated:
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SECOND AMENDMENT
Interlocal Agreement for Court Services ¢
Between City of Kent and City of Maple Valley
Page 2 of 3
Packet Pg. 10
4.B.a
Approved as to Form: Approved as to Form: `o
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Patricia Taraday Tammy White
City Attorney City Attorney M
Dated: Dated:
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Stephen Rochon Michael Frans i
Maple Valley Court Judge Kent Municipal Court Presiding Judge
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Dated: Dated:
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SECOND AMENDMENT
Interlocal Agreement for Court Services Q
Between City of Kent and City of Maple Valley
Page 3 of 3
Packet Pg. 11
4.0
POLICE DEPARTMENT
Rafael Padilla, Police Chief
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-852-2121
DATE: November 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: Food Services Agreement for the Kent Correctional Facility -
Authorize
MOTION: I move to authorize the Mayor to sign a 5-year contract with
Aramark American Food Services, Inc. for food services at the Kent
Corrections Facility at an estimated 2023 cost of $233,688, subject to final
contract terms and conditions acceptable to the Police Chief and City
Attorney.
SUMMARY: Our current food service provider is Summit Food Service, Inc. They
have notified the City that in order to continue providing their services, they would
need to increase the City's cost by 30%, as well as reduce the current food menu.
Following discussions, and the City's unwillingness to pay such a significant increase
in costs, Summit Food Service has decided to terminate their contract with the City.
Summit Food Service and the City are currently drafting an extension that will have
Summit Food Service continue providing food services through the end of the year
at increased costs in order to provide the City time to contract with another vendor.
We have reached out to other facilities to see who their food service providers are,
and have received proposals from two additional companies, as well as Summit
Food Service. Each proposal outlined a menu, cost breakdown scalable to facility
population, and how they plan on servicing our facility.
Our focus is to maintain our current level of food service without sacrificing quality
or quantity for those in custody at our facility. After reviewing the proposals
received, Corrections believes Aramark American Food Services, Inc. will provide
the same level of services we currently receive from Summit Food Service at a cost
that is well within our budget, while still providing a larger menu.
The City and Aramark American Food Services are still working on the contract
document, which will be supplemented as soon as it is received. However, a draft
contract is attached which is modeled off the current contract with Summit Food
Service. The City anticipates the terms will be substantially similar to those the City
entered into with Summit Food Service. Under the current draft contract proposed,
pricing in 2024 would remain the same as that in 2023. Thereafter, pricing would
increase by 3% each year.
Packet Pg. 12
4.0
BUDGET IMPACT: No increase. Annual budget is $491,520.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Aramark DRAFT Jail Food Service Agreement 2023 (PDF)
Packet Pg. 13
4.C.a
KENT N
WISHING-1 •i
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GOODS & SERVICES AGREEMENT a
between the City of Kent and
Aramark American Food Services, Inc.
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THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation r-
(hereinafter the "City"), and Aramark American Food Services, Inc., organized under the laws of the State 2
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of Delaware, located and doing business at 2300 Warrenville Rd, Downers Grove, IL 50516, 480-270-2898 L
(hereinafter the "Vendor"). o
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AGREEMENT
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I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or
perform the following services for City: `o
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Vendor shall provide food and food preparation services to the City of Kent Corrections Facility ("CKCF") it a
order to feed inmates and corrections staff, each day of the week for the term of this Agreement. Inmates E
shall be served no less than three meals per day, which shall contain 3000 to 3200 total calories per day, 2
The following shall apply to Vendor's services: a
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Locations and Hours: Vendor shall provide food service to inmates, staff and others as designated by City .2
on the premises, on such days and such times as City shall prescribe. Vendor shall not use the CKCF for it
preparation of food that is to be served at any location other than CKCF, unless CKCF gives writter
permission to do so. °o
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Menu: The menu and menu cycle to be provided by Vendor is attached as Exhibit A, and is incorporates
herein by this reference. The menu may be changed, with prior written notification, approved by Vendor's M
nutritionist, comparable or higher in monetary value and by agreement of all the parties. Vendor shall servE
to inmates a cold breakfast. The cold breakfast shall be trayed or bagged the night before by Vendor staff N
and shall be served by City staff the following morning. N
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Staff Meals: Vendor shall provide staff meals as requested at the same rate as inmate meals. Staff meals E
will be prepared by Vendor employees, not inmate labor. A staff menu will be posted for each meal daily, a
City will note staff meal requests on meal count sheets. Vendor will only charge City for staff meals if the a
staff member(s) eating initial the meal count sheet for the day/meal they chose to eat. If no verification is
present, City will not be charged for staff meals. Vendor will provide coffee for staff, to include all supplies, .2
grounds/beans, filters, sugar, liquid creamer and disposable cups.
Vendor Labor: Vendor shall have the exclusive right to hire employees to provide the services called for it c
this Agreement, subject to the terms of a background check performed by employees who must enter the �
CKCF. Upon City's request, Vendor shall remove any work site employee who has engaged in inappropriatE
conduct or has violated one of the rules and regulations established by City to maintain the good order anc
operations of the CKCF. U-
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Inmate Labor: Vendor shall utilize inmate workers provided by City. City shall provide a minimum of twc a
(2) inmates and a maximum of six (6) inmates for labor each meal period.
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Bagged Meals: Vendor shall provide bagged meals as requested by the City. a
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Medical Meals and Religious Meals: Vendor shall provide meals to accommodate medical and religious needs E
as provided for by Exhibit B and as requested by City.
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City of Kent and Aramark Food Service, Inc
GOODS & SERVICES AGREEMENT - 1
(Over$20,000, including WSST) Packet Pg. 14
4.C.a
Products: Vendor shall purchase food, products and supplies necessary to comply with Vendor's obligations
as set forth in this Agreement. Vendor shall purchase all food products from USDA inspected plants that arE
currently certified as strictly complying with all applicable food safety standards. N
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Compliance with Food Safety Laws: Vendor shall comply with all federal, state and local regulationE 3
governing the preparation, handling and serving of food, and Vendor shall post all permits or licenses a� a
required by law. Vendor shall immediately notify City in the event it determines that it is not in compliancE
with any state or federal law or regulation. If at any time Vendor is notified by an authorized government
agency that CKCF premises or equipment are not in compliance with any law, ordinance, rule, or regulation,
Vendor shall immediately inform City of such notification. City shall cooperate with Vendor to accomplisl- `_`
the foregoing.
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Cleaning: Vendor shall perform routine cleaning and housekeeping in the food preparation and service areaE L
to include: cleaning walls, floors, freezer, fridge and fixtures. City shall perform major cleaning including, o
without limitation, stripping and waxing floors, ceilings, electric light fixtures, grease traps, hoods and vents, L)
duct work, plenum chambers and roof fans throughout the CKCF as deemed necessary by the City.
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Right to Review: It is understood that City reserves the right to review and inspect the food service prograrr
performed by Vendor with respect to the quality and quantity of food served, and the sanitation of equipment `o
and facilities, at any time. r
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Emergency Plan and Supply: In the event of an emergency, City shall assist Vendor by permitting reasonablE E
variations in Vendor's menu cycle and service methods. However, Vendor shall not be relieved of itE
responsibility to provide meal service under the terms of this Agreement. The term "emergency," as usec a
in this section, means dire circumstances not within the control of the party whose performance is interferec
with, and which by reasonable diligence such party is unable to prevent or mitigate, such as: pandemic, .2
war, riot or other disaster, strike or other work stoppage, act of terrorism, fire, flood or volcanic eruption.
By March 1, 2023, Vendor shall submit a contingency emergency plan to provide for meal service in the N
event of an emergency. Vendor shall be responsible for maintaining at the CKCF a minimum of seven (7,' c
days non-perishable food stocks, to be used in case of an emergency. These stocks must meet the UL
requirements of food services and emergency menu substitutions.
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Additional Services: Food, beverage and other services required or desired by the CKCF outside the SCOPE
of this Agreement shall be provided by Vendor upon written authorization by City administration through z N
mutually agreed upon process for such services. N
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Vendor acknowledges and understands that it is not the exclusive provider of these goods, materials, or
services to City and that City maintains its unqualified right to obtain these goods, materials, and services a
from other sources.
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II. RESPONSIBILITIES OF CITY. N
A. Facilities and Equipment. At no cost to Vendor, City shall provide Vendor with the reasonably c
necessary facilities, equipment and smallwares for the safe and efficient provision of the services u-
called for in this Agreement. At its own expense, City shall maintain, repair or replace, and keep
in safe operating condition the facilities and equipment, such that no Vendor employee is exposed
to or subjected to a condition that constitutes a violation of the Occupational Safety and Health Q
Act ("OSHA") or any other similar federal, state or local law or regulation. a
B. City Permits and Licenses: City represents and warrants that it has and will maintain all required lie
permits and licenses necessary to provide a facility that offers food to inmates of a city corrections o
facility. City will notify Vendor upon receiving notice of loss of any such permit or license. E
C. Background Check of Vendor Employees: City may perform a background check of Vendor a
employees who will enter the Kent Corrections Facility. City may prohibit the entry of any Vendor
employee based on the results of the background check or otherwise as necessary to protect the E
health, safety or welfare of inmates or staff of the Kent Corrections Facility or the Kent Corrections
Facility itself. The decision to prohibit entry of a Vendor employee shall be at the sole discretion v
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City of Kent and Aramark American Food Service, Inc - Inmate Food Services Agreement
GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST) Packet Pg. 15
4.C.a
of the Kent Corrections Facility. City shall comply with all state and federal laws in conducting
any background check, and shall not prohibit entry for a reason that constitutes a violation of
state or federal law. N
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III. EFFECTIVE DATE AND TIME OF COMPLETION. This Agreement shall be effective January a
1, 2023, and any work performed between December 1, 2023, and the date of final signature of this
Agreement shall be deemed ratified by the parties' approval of this Agreement and subject to the terms of
this Agreement. The Term of this Agreement will be for five years, commencing on January 1, 2023, and
shall expire on December 31, 2027, subject to terms and conditions agreed-upon by both Parties. Vendor u-
may continue to provide the goods and services called for in this Agreement after the term of this '
Agreement, and if Vendor does, such goods and services shall be provided subject to the terms and
conditions then properly in effect on the last day before the end of the term of this Agreement. L
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IV. COMPENSATION. City shall pay Vendor at a per-meal amount as set forth in Exhibit C
which amount is inclusive of sales tax. The cost of each meal is dependent on the number of inmates Y
served, as reflected in Exhibit C. The annual compensation for 2023 is estimated to be $233,688. This is
only an estimate, as the actual amount shall be dependent on the number of meals served at the rates set `o
forth in Exhibit A. r
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After 2023, compensation due to Vendor for the per-meal costs shall be increased effective January 1 of E
each year as follows: W
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2024 - No increase from 2023 term N
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2025 - 3.0% increase from 2024 term
2026 - 3.0% increase from 2025 term it
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2027 - 3.0% increase from 2026 term N
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Vendor shall submit a weekly invoice to City for payment. City shall provide payment within thirty days of Ui
receipt of an invoice.
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If City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay
that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to N
settle the disputed portion. N
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V. PAYMENT AND WAIVER OF CLAIMS. VENDOR'S ACCEPTANCE OF FULL PAYMENT OF AN
INVOICE SHALL CONSTITUTE A WAIVER OF ADDITIONAL COMPENSATION DUE TO VENDOR FOR THE
PERIOD COVERING THE INVOICE. PAYMENT BY CITY TO VENDOR SHALL NOT RELIEVE VENDOR FROM Lai
REIMBURSING CITY IN THE EVENT IT IS DETERMINED THAT CITY WAS OVERBILLED FOR THE INVOICE Q
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PERIOD OR OTHERWISE PAID AN AMOUNT NOT DUE TO VENDOR. 2
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VI. DEFECTIVE OR UNAUTHORIZED WORK. City reserves its right to withhold payment from N
Vendor for any defective or unauthorized goods, materials or services, or for goods or services not provided c
or performed. If Vendor is unable or unwilling, for any reason, to complete any part of this Agreement, UL
such inability shall be deemed a material breach of this Agreement, City may obtain the goods, materials or
services from other sources, and Vendor shall pay to the City any additional costs incurred by City.
"additional costs" shall mean all reasonable costs, including but not limited to the costs for the goods or u-
services, as well as all costs to City in procuring replacement goods and services, and any legal costs and
attorney fees incurred by City, and it is understood that these additional costs will likely exceed the
compensation set forth in this Agreement. To recover the additional costs, City may, in addition to any
other collection method, deduct the additional costs from any and all amounts due or to become due Vendor. E
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VII. INDEPENDENT CONTRACTOR. The parties intend that Vendor shall be an independent
contractor. To this end, Vendor makes the following representations or agrees to the following:
A. Vendor controls and directs the performance and details of its work, City being interested only
in the results obtained under this Agreement. Q
City of Kent and Aramark American Food Service, Inc - Inmate Food Services Agreement
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST) Packet Pg. 16
4.C.a
C. Vendor has an established and independent business that is eligible for a business deduction
for federal income tax purposes that existed before City retained Vendor's services, or the N
Vendor is engaged in an independently established trade, occupation, profession, or business .o
of the same nature as that involved under this Agreement. r
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D. Vendor is responsible for filing, as they become due, all necessary tax documents with
appropriate federal and state agencies, including the Internal Revenue Service and the
Washington and other required state departments of revenue.
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E. Vendor has registered its business and established an account with the Washington r_
Department of Revenue and other state agencies as may be required by Vendor's business,
and has obtained a Unified Business Identifier (UBI) number from the State of Washington. L
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F. Vendor maintains a set of books dedicated to the expenses and earnings of its business. v
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G. Vendor shall comply with all applicable federal, state and local laws and regulations pertaining Y
to the wages and hours of employment for Vendor's employees. Vendor shall be responsible
for all withholding and payroll taxes relative to Vendor's employees. Vendor shall comply with `o
Ch. 51.08 RCW in regards to its workers. r
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In the event it is determined that Vendor or any of its employees, workers or agents is not an independent E
contractor, Vendor shall fully indemnify and reimburse City for any costs, fees, wages, benefits, legal fees Iv
or other fees or costs attributable to the determination that Vendor or its employee or agent is not an a
independent contractor. For the purposes of this section, the employees and agents of Vendor include all
individuals retained, hired, or selected by Vendor to perform any of the services called for in this Agreement. .2
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VIII. TERMINATION. Either party may terminate this Agreement, with or without cause, upon N
providing the other party thirty (90) days written notice at its address set forth on the signature block of c
this Agreement. City may terminate this Agreement immediately upon the breach of this Agreement by
Vendor. The failure to perform any term of this Agreement shall be deemed a material breach.
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IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE N
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. N
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
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X. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any a
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants .2
goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in
accordance with their specifications and Vendor's representations to City. Vendor shall promptly correct all N
defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) o
upon Vendor's receipt of notification from City of the existence or discovery of the defect. When defects are Ui
corrected, the warranty for that portion of the work shall extend for an additional year beyond the original
warranty period applicable to the overall work. Vendor shall begin to correct any defects within seven (7)
calendar days of its receipt of notice from City of the defect. If Vendor does not accomplish the corrections U-
within a reasonable time as determined by City, City may complete the corrections and Vendor shall pay all
costs incurred by City in order to accomplish the correction.
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XI. DISCRIMINATION. In the hiring of employees for the performance of work under this E
Agreement or any sub-contract, Vendor, its sub-contractors, or any person acting on behalf of Vendor or a
sub-contractor 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 E
and available to perform the work to which the employment relates.
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City of Kent and Aramark American Food Service, Inc - Inmate Food Services Agreement
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST) Packet Pg. 17
4.C.a
Vendor 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. N
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XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold City, its officers, officials, r
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, a
including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of
this Agreement, except for that portion of the injuries and damages caused by City's negligence. '
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City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid u-
any of these covenants of indemnification.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
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PROVIDED HEREIN CONSTITUTES VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, o
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER v
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
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The provisions of this section shall survive the expiration or termination of this Agreement.
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XIII. INSURANCE. Vendor shall procure and maintain for the duration of the Agreement, r
insurance of the types and in the amounts described in Exhibit D attached and incorporated by this
reference. E
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XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and a
shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the
contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's .2
own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles it
used or held for use in connection with the work. N
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XV. MISCELLANEOUS PROVISIONS. U-
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, City requires its M
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product. N
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B. Non-Waiver of Breach. The failure of 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. a
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and .2
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 N
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules c
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in U-
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 u-
award provided by law; provided, however, nothing in this paragraph shall be construed to limit City's right
to indemnification under Section XI of this Agreement.
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at E
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the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written a
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 E
Agreement or such other address as may be hereafter specified in writing.
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City of Kent and Aramark American Food Service, Inc - Inmate Food Services Agreement
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST) Packet Pg. 18
4.C.a
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 N
without additional written consent. o
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F. Amendments. No amendment, waiver, alteration, or modification of any of the provisions of a
this Agreement shall be binding unless in writing and signed by a duly authorized representative of City and
Vendor.
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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 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 L
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any o
language contained in this Agreement, the terms of this Agreement shall prevail. v
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H. Compliance with Laws. Vendor agrees to comply with all federal, state, and municipal laws, Y
rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the L
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performance of those operations. r
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I. Public Records Act. Vendor acknowledges that City is a public agency subject to the Public E
Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, Iv
and other records prepared or gathered by Vendor in its performance of this Agreement may be subject to a
public review and disclosure, even if those records are not produced to or possessed by City. As such,
Vendor agrees to cooperate fully with City in satisfying City's duties and obligations under the Public Records .2
Act. it
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J. City Business License Required. Prior to commencing the tasks described in Section I, c
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute N
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page N
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. E
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IN WITNESS, the parties below execute this Agreement, which shall become effective on I
the last date entered below. 0
VENDOR: CITY OF KENT:
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By: By: LL
(signature) (signature)
Print Name: Print Name: Dana Ralph
Its Its Mayor Q
(title)
DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: E
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VENDOR: CITY OF KENT:
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Taun Adams Corrections Commander E
Aramark Food Service Diane McCuistion
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2300 Warrenville Rd Cit of Kent Q
City of Kent and Aramark American Food Service, Inc - Inmate Food Services Agreement
GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST) Packet Pg. 19
4.C.a
Downers Grove, IL 50516 220 Fourth Avenue South
Kent, WA 98032
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(253) 856-5964 (telephone) o
253 856-6960 facsimile r
APPROVED AS TO FORM: Q
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Kent Law Department
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City of Kent and Aramark American Food Service, Inc - Inmate Food Services Agreement
GOODS & SERVICES AGREEMENT - 7
(Over$20,000, including WSST) Packet Pg. 20
4.C.a
DECLARATION
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CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY 0
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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. T
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 ;v
response is required on all of the following questions for this Agreement to be valid and binding. 6
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole Y
determination regarding suspension or termination for all or part of the Agreement;
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The questions are as follows: 0
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1. I have read the attached City of Kent administrative policy number 1.2. E
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex, a
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement the prime contractor will provide a written statement to in
all new employees and subcontractors indicating commitment as an equal opportunity o
employer. �0
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and M
promotion of women and minorities.
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5. Before acceptance of this Agreement, an adherence statement will be signed by me, the N
Prime Contractor, that the Prime Contractor complied with the requirements as set forth a
above. E
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By signing below, I agree to fulfill the five requirements referenced above. a
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Title:
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Date:
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EEO COMPLIANCE DOCUMENTS - 1 of 3 Packet Pg. 21
4.C.a
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 a
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SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor L
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POLICY:
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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 c
employment opportunity within their organization and, if holding Agreements with the City 0
amounting to $10,000 or more within any given year, must take the following affirmative steps: a
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1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer. a
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2. Actively consider for promotion and advancement available minorities and women. it
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's o
nondiscrimination and equal opportunity requirements shall be considered in breach of contract 0
and subject to suspension or termination for all or part of the Agreement.
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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. o
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these a
regulations are familiar with the regulations and the City's equal employment opportunity E
policy.
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 2 of 3 Packet Pg. 22
4.C.a
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT N
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This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
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I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime o
contractor for the Agreement known as that was entered into on
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the (date), between the firm I represent and the City of Y
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Kent.
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I declare that I complied fully with all of the requirements and obligations as outlined in the City
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of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity a
Policy that was part of the before-mentioned Agreement.
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EEO COMPLIANCE DOCUMENTS - 3 of 3 Packet Pg. 23
Proposed 11/2022 EXHIBIT A KENT COUNTY
WASHINGTON aramark
Weekly Average 3000 Calories per Day
Week: 1
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY L
Meal Name:Breakfast
Cinnamon Breakfast Bar* Peanut Butter Breakfast Bar* Lemon Breakfast Bar* Peanut Butter Breakfast Bar* Cinnamon Breakfast Bar* Peanut Butter Breakfast Bar* Lemon Breakfast Bar* �+
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1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cu d
Peanut Butter T.Ham Peanut Butter T.Ham Peanut Butter T.Ham Cheese E
1 ozw 1 ozw 1 ozw 1 ozw 1 ozw 1 ozw 1 ozv 0)
Streusel Coffeecake(1/54 2@) Buttermilk Biscuits(1/54 2@) Streusel Coffeecake(1/54 2@) Fresh Baked Roll(2 ozw) Streusel Coffeecake(1/54 2@) Buttermilk Biscuits(1/54 2@) Fresh Baked Roll(2 ozw)
1127 cut 1127 cut 1/27 cut 1 each 1/27 cut 1/27 cut 1 each CD
Grape Jelly Apple Jelly Grape Jelly Apple Jelly Grape Jelly Apple Jelly Grape Jelly I
2 packet 2 packet 2 packet 2 packet 2 packet 2 packet 2 packe
Fruit(1@ or 1/2 cup equivalent) Sweetened Tea Sweetened Tea Sweetened Tea Fruit(1@ or 1/2 cup equivalent) Sweetened Tea Sweetened Tea N
1 portion 1 cup 1 cup 1 cup 1 portion 1 cup 1 cut d
Sweetened Tea Sweetened Tea C,>'
1 cup 1 cup
Meal Name:Lunch
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Spicy Rice Casserole(2 oz)- Country Patty(3 ozw each) Sloppy Joe LS(3 oz)- T.Salami Home-style Scalloped Potatoes(2 oz/1 Tex-Mex Taco Filling LS(3 oz)- Roast Turkey (n
10 ozw 1 patty 4 ozw 2 ozw cveg)- 10 ozw 4 ozw 3 ozv ,a
Green Beans Gravy LS Hamburger Bun Cheese Peas Refried Pinto Beans LF Gravy O
1/2 cup 2 fl oz 1 each 1 ozw 1/2 cup 1 cup 2 fl o: C
Garden Salad Cottage Fries BBQ Black Beans LF Mustard Creamy Coleslaw Rice LF Mashed Potatoes LF LL
1/2 cup 1 1/2 cup 1 1/2 cup 1/3 Fl oz 1/2 cup 1 cup 1 1/2 cur ••
Italian Dressing Corn&Carrots Carrots Enriched Bread Buttermilk Biscuit 1/54
Lettuce Mixed Vegetables
1/2 fl oz 1/2 cu 1/2 cu 2 slice 1/54 cut 1/2 cu 1/2 cu �
Sweet Combread Fresh Baked Roll(2 ozw) Fudge Brownie Cottage Fries Whipped Margarine Flour Tortilla(6") Bread Dressing M
1/54 cut 1 each 1/54 cut 1 1/2 cup 1/3 ozw 2 each 3/4 cut v Whipped Margarine Whipped Margarine Lemon Fruit Drink w/Vitamins B12,C, Kettle Blend Mixed Vegetables Oatmeal Cookie(2 ozw) Cheese Sauce Fudge Brownie
1/3 ozw 1/3 ozw D,E&Calcium 1 cup 1/2 cup 1 each 1 fl oz 1/54 cu M
Chocolate Frosted Fudge Brownie Oatmeal Cookie(2 ozw) Vanilla Frosted White Cake Lemon Fruit Drink w/Vitamins B12,C, Fruit(1@ or 1/2 cup equivalent) Lemon Fruit Drink w/Vitamins B12,C, N
1/54 cut 1 each 1/54 cut D,E&Calcium 1 cup 1 portion D,E&Calcium 1 cur O
Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, N
D,E&Calcium 1 cup D,E&Calcium 1 cup D,E&Calcium 1 cup D,E&Calcium 1 cup =
Meal Name:Dinner am
Glazed BBQ Patty(3 ozw each) Mac&Cheese Casserole(2 oz)- Meatballs(1/2 oz each) Rotini&Italian Sauce(2 oz)- Crispy Chicken Patty(3 ozw each) Savory Stroganoff w/Noodles(2 oz)- Charbroiled Patty(3 ozw) E
1 patty 10 ozw 6 each 10 ozw 1 patty 10 ozw 1 path d
BBQ Sauce Peas Sweet&Sour Sauce Green Beans Spanish Rice Green Beans Mustard CD
112 fl oz 1/2 cup 2 fl oz 1/2 cup 1 1/2 cup 1/2 cup 1/3 fl o: >�
Pinto Beans Creamy Coleslaw Rice LF Garden Salad Carrots Coleslaw Vinaigrette Mexican Pinto Beans Q
1 1/2 cup 1/2 cup 1 1/2 cup 1/2 cup 1/2 cup 1/2 cup 1 1/2 cur
Kettle Blend Mixed Vegetables Buttermilk Biscuit Kettle Blend Mixed Vegetables Italian Dressing Fresh Baked Roll(2 ozw) Sweet Combread Carrots V
1/2 cup 1/54 cut 1/2 cup 1/2 Fl oz 1 each 1/54 cut 1/2 cur
Fresh Baked Garlic Roll(2 ozw) Whipped Margarine Fresh Baked Garlic Roll(2 ozw) Fresh Baked Garlic Roll(2 ozw) Whipped Margarine Whipped Margarine Fresh Baked Roll(2 ozw)
1 each 1/3 ozw 1 each 1 each 1/3 ozw 1/3 ozw 1 each tV
Fresh Baked Lemon Cookie(2 ozw) Vanilla Frosted White Cake Oatmeal Cookie(2 ozw) Fresh Baked Sugar Cookie(2 ozw) Chocolate Frosted Fudge Brownie Vanilla Frosted Lemon Cake Oatmeal Cookie(2 ozw) y
1 each 1/54 cut 1 each 1 each 1/54 cut 1/54 cut 1 each
Sweetened Tea Sweetened Tea Sweetened Tea Sweetened Tea Sweetened Tea Sweetened Tea Sweetened Tea O
1 cup 1 cup 1 cup 1 cup 1 cup 1 cup 1 cur O
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All entree portions purchased fully cooked,within manufacturer tolerance specifications,are weight measurements prior to reheating. Casseroles and combination items made from scratch are based upon approximate cooked weight measurements. Weights on
cookies,bread,rolls,and breadsticks made from mix or scratch are prior to baking. Pancakes made from mix or scratch are batter volume measurement prior to cooking. Side dishes are volume measurements. All starches,vegetables,and cooked cereal are
prepared with margarine unless indicated as LF(Low Fat).No pork is used unless item is named pork. Imitation cheese with calcium is used.
*This item contains 125 mg calcium per serving
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-This item made with mechanically separated poultry used in accordance with USDA standards. Q
NUTRITION STATEMENT: This menu meets the nutritional guidelines of the American Correctional Association which are based upon the current DRI's for males and females 19 to 50 years as established by the Food and Nutrition Board of the Institute of Medicine,
National Academy of Sciences. Adequate levels of protein,vitamin A,vitamin C,calcium,andiron are included. Y
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FILM QUARTERLY MENU REVIEW(initial/date)Q1 Q2 Q3 Q4
In accordance with ACA Standard(Ref.4-4316)(MANDATORY)Menu evaluations are conducted at least quarterly by food service supervisory staff to verify adherence to the established daily servings. R
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Reviewed 11/2022 Aramark Dietitian's Signature: �7:44il'l Client's Signature: Date: FILM Signature: Date:
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Packet Pg. 24
Proposed 11/2022 KENT COUNTY
WASHINGTON aramark
Weekly Average 3000 Calories per Day
Week: 2
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY L
Meal Name:Breakfast
Cinnamon Breakfast Bar* Peanut Butter Breakfast Bar* Lemon Breakfast Bar* Peanut Butter Breakfast Bar* Cinnamon Breakfast Bar* Peanut Butter Breakfast Bar* Lemon Breakfast Bar* �+
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1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cu d
Peanut Butter T.Ham Peanut Butter T.Ham Peanut Butter T.Ham Cheese E
1 ozw 1 ozw 1 ozw 1 ozw 1 ozw 1 ozw 1 ozv 0)
Streusel Coffeecake(1/54 2@) Buttermilk Biscuits(1/54 2@) Streusel Coffeecake(1/54 2@) Fresh Baked Roll(2 ozw) Streusel Coffeecake(1/54 2@) Buttermilk Biscuits(1/54 2@) Fresh Baked Roll(2 ozw)
1127 cut 1127 cut 1/27 cut 1 each 1/27 cut 1/27 cut 1 each CD
Grape Jelly Apple Jelly Grape Jelly Apple Jelly Grape Jelly Apple Jelly Grape Jelly I
2 packet 2 packet 2 packet 2 packet 2 packet 2 packet 2 packe
Fruit(1@ or 1/2 cup equivalent) Sweetened Tea Sweetened Tea Sweetened Tea Fruit(1@ or 1/2 cup equivalent) Sweetened Tea Sweetened Tea N
1 portion 1 cup 1 cup 1 cup 1 portion 1 cup 1 cut d
Sweetened Tea Sweetened Tea C,>'
1 cup 1 cup
Meal Name:Lunch
d
T.Hot Dogs(1.5 oz each) T.Bologna Farmhouse Stew(2 oz)- T.Bologna Mac&Cheese Casserole(2 oz)- Crispy Chicken Patty(3 ozw each) Spicy Rice Casserole(2 oz)- (n
2 each 3 ozw 10 ozw 3 ozw 10 ozw 1 patty 10 ozv V
Mustard Mustard Green Beans Mustard Peas Pinto Beans Cabbage 1/2floz 1/3floz 1/2 cup 1/3floz 1/2 cup 1 cup 1/2 cur OO
Enriched Bread Enriched Bread Garden Salad Enriched Bread Garden Salad Kettle Blend Mixed Vegetables Corn&Carrots LL
2 slice 2 slice 1/2 cup 2 slice 1/2 cup 1/2 cup 1/2 cur
Macaroni&Cheese AuGratin Potatoes Italian Dressing Parsley Potatoes Italian Dressing Fresh Baked Roll(2 ozw) Sweet Combread '
1 1/2 cup 1 1/2 cup 1/2 fl oz 1 1/2 cup 1/2 fl oz 1 each 1/54 cu qq
Cabbage w/Tomatoes Carrots Fresh Baked Garlic Roll(2 ozw) Creamy Coleslaw Fresh Baked Garlic Roll(2 ozw) Whipped Margarine Whipped Margarine t)
1/2 cu 1/2 cup 1 each 1/2 cup 1 each 1/3 ozw. 1/3 ozv M
Vanilla Frosted Lemon Cake Chocolate Frosted Fudge Brownie Fresh Baked Lemon Cookie(2 ozw) Oatmeal Cookie(2 ozw) Fudge Brownie Vanilla Frosted White Cake Fruit(1@ or 1/2 cup equivalent) v
1/54 cut 1/54 cut 1 each 1 each 1/54 cut 1/54 cut 1 portior
Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, I Lemon Fruit Drink w/Vitamins B12,C, M
D,E&Calcium 1 cup D,E&Calcium 1 cup D,E&Calcium 1 cup D,E&Calcium 1 cup D,E&Calcium 1 cup D,E&Calcium 1 cup D,E&Calcium 1 cur O
Meal Name:Dinner N
Baked Meatloaf(3 ozw each) Cajun Jambalaya(2 oz)- Meatballs(1/2 oz each) Chili con Came w/Beans(2 oz)- Salisbury Steak(3 ozw each) Noodles&Gravy Casserole(2 oz)- Charbroiled Patty(3 ozw)
1 patty 10 ozw 6 each 10 ozw 1 patty 10 ozw 1 path
Gravy Pinto Beans BBQ Sauce Rice LF Gravy Peas Mustard
2 fl oz 1 cup 1 fl oz 1 cup 2 fl oz 1/2 cup 1/3 fi o:
Parsley Rice LF Coleslaw Vinaigrette Rice LF Garden Salad Lyonnaise Potatoes LF Creamy Coleslaw BBQ Pinto Beans LF
1 1/2 cup 1/2 cup 1 1/2 cup 1/2 cup 1 1/2 cup 1/2 cup 1 cur L
Green Beans Fresh Baked Roll(2 ozw) Peas&Carrots Italian Dressing Mixed Vegetables Sweet Combread Garden Salad
1/2 cup 1 each 1/2 cup 1/2 fl oz 1/2 cup 1/54 cut 1/2 cur Q
Fresh Baked Roll(2 ozw) Whipped Margarine Sweet Combread Fresh Baked Roll(2 ozw) Buttermilk Biscuit 1/2
Margarine Italian Dressing �
1 each 1/3 ozw 1/54 cut 1 each 1/54 cut 1/3 ozw 1/2 fl o: V
Whipped Margarine Oatmeal Cookie(2 ozw) Whipped Margarine Whipped Margarine Whipped Margarine Chocolate Frosted Fudge Brownie Fresh Baked Roll(2 ozw)
1/3 ozw 1 each 1/3 ozw 1/3 ozw 1/3 ozw 1/54 cut 1 each •�
Fresh Baked Sugar Cookie(2 ozw) Sweetened Tea Chocolate Frosted Fudge Brownie Vanilla Frosted White Cake Oatmeal Cookie(2 ozw) Sweetened Tea Vanilla Frosted Lemon Cake
1 each 1 cup 1/54 cut 1/54 cut 1 each 1 cup 1/54 cu y
Sweetened Tea Sweetened Tea Sweetened Tea Sweetened Tea Sweetened Tea
1 cup 1 cup 1 cup 1 cup 1 our O
O
LL
All entree portions purchased fully cooked,within manufacturer tolerance specifications,are weight measurements prior to reheating. Casseroles and combination items made from scratch are based upon approximate cooked weight measurements. Weights on
cookies,bread,rolls,and breadsticks made from mix or scratch are prior to baking. Pancakes made from mix or scratch are batter volume measurement prior to cooking. Side dishes are volume measurements. All starches,vegetables,and cooked cereal are
prepared with margarine unless indicated as LF(Low Fat).No pork is used unless item is named pork. Imitation cheese with calcium is used.
*This item contains 125 mg calcium per serving
LL
-This item made with mechanically separated poultry used in accordance with USDA standards. Q
NUTRITION STATEMENT: This menu meets the nutritional guidelines of the American Correctional Association which are based upon the current DRI's for males and females 19 to 50 years as established by the Food and Nutrition Board of the Institute of Medicine,
National Academy of Sciences. Adequate levels of protein,vitamin A,vitamin C,calcium,andiron are included. Y
L
FILM QUARTERLY MENU REVIEW(initial/date)Q1 Q2 Q3 Q4
In accordance with ACA Standard(Ref.4-4316)(MANDATORY)Menu evaluations are conducted at least quarterly by food service supervisory staff to verify adherence to the established daily servings. R
L
Q
Reviewed 11/2022 Aramark Dietitian's Signature: Client's Signature: Date: FILM Signature: Date:
C
0)
E
t
V
r3
r
a
Packet Pg. 25
Proposed 11/2022 KENT COUNTY
WASHINGTON aramark
Weekly Average 3000 Calories per Day
Week: 3
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY L
Meal Name:Breakfast
Cinnamon Breakfast Bar* Peanut Butter Breakfast Bar* Lemon Breakfast Bar* Peanut Butter Breakfast Bar* Cinnamon Breakfast Bar* Peanut Butter Breakfast Bar* Lemon Breakfast Bar* �+
C
1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cu d
Peanut Butter T.Ham Peanut Butter T.Ham Peanut Butter T.Ham Cheese E
1 ozw 1 ozw 1 ozw 1 ozw 1 ozw 1 ozw 1 ozv 0)
Streusel Coffeecake(1/54 2@) Buttermilk Biscuits(1/54 2@) Streusel Coffeecake(1/54 2@) Fresh Baked Roll(2 ozw) Streusel Coffeecake(1/54 2@) Buttermilk Biscuits(1/54 2@) Fresh Baked Roll(2 ozw)
1127 cut 1127 cut 1/27 cut 1 each 1/27 cut 1/27 cut 1 each i
Grape Jelly Apple Jelly Grape Jelly Apple Jelly Grape Jelly Apple Jelly Grape Jelly I
2 packet 2 packet 2 packet 2 packet 2 packet 2 packet 2 packe
Fruit(1@ or 1/2 cup equivalent) Sweetened Tea Sweetened Tea Sweetened Tea Fruit(1@ or 1/2 cup equivalent) Sweetened Tea Sweetened Tea N
1 portion 1 cup 1 cup 1 cup 1 portion 1 cup 1 cut d
Sweetened Tea Sweetened Tea V
1 cup 1 cup
Meal Name:Lunch
d
T.Salami Rotini&Italian Sauce(2 oz)- Sloppy Joe LS(3 oz)- T.Ham T.Hot Dogs(1.5 oz each) Asian Fried Rice(2 oz)- Meatballs(1/2 oz each) (n
2 ozw 10 ozw 4 ozw 3 ozw 2 each 10 ozw 6 each Cheese Kettle Blend Mixed Vegetables Hamburger Bun Pinto&Black Beans Mustard Carrots Italian Tomato Sauce ,aO
1 ozw 1/2 cup 1 each 1 112 cup 1/2 fl oz 1/2 cup 4 fl o: C
Mustard Garden Salad Black Beans Green Beans Enriched Bread Coleslaw Vinaigrette Garden Salad LL
1/3 fl oz 1/2 cup 1 1/2 cup 1/2 cup 2 slice 1/2 cup 1/2 cur
Enriched Bread Italian Dressing Rice LF Sweet Combread Pinto Beans Fresh Baked Roll(2 ozw) Italian Dressing '
2 slice 1/2 fl oz 1 cup 1/54 cut 1 1/2 cup 1 each 1/2 fl o: qq
Mexican Pinto Beans Fresh Baked Garlic Roll(2 ozw) Fruit(1@ or 1/2 cup equivalent) Whipped Margarine Macaroni&Cheese Whipped Margarine Fresh Baked Roll(2 ozw)
1 1/2 cup 1 each 1 portion 1/3 ozw 1 cup 1/3 ozw 1 each M
Green Beans Oatmeal Cookie(2 ozw) Lemon Fruit Drink w/Vitamins B12,C, Chocolate Frosted Fudge Brownie Vanilla Frosted White Cake Vanilla Frosted Lemon Cake Whipped Margarine v
1/2 cup 1 each D,E&Calcium 1 cup 1/54 cut 1/54 cut 1/54 out 1/3 ozv
Chocolate Frosted Fudge Brownie Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins 1312,C, Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, Oatmeal Cookie(2 ozw) M
1154 cut D,E&Calcium 1 cup D,E&Calcium 1 cup D,E&Calcium 1 cup D,E&Calcium 1 cup 1 each N
O
Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins 612,C, N
D,E&Calcium 1 cup D,E&Calcium 1 cur r.r
Meal Name:Dinner =
d
AuGratin Potatoes(2 oz/1 c veg)- Glazed BBQ Patty(3 ozw each) Enchilada Casserole(2 oz)- Rotini&Alfredo Sauce(2 oz)- Savory Rice&Peppers(2 oz)- Charbroiled Patty(3 ozw) American Goulash(2 oz)- E
10 ozw 1 patty 10 ozw 10 ozw 10 ozw 1 patty 10 ozv d
Carrots BBQ Sauce Spanish Rice Cabbage Corn&Carrots Mustard Kettle Blend Mixed Vegetables CD
L
1/2 cup112 fl oz 1 cup1/2 cup1/2 cup1/3 fl oz 1/2 cur6
Coleslaw Vinaigrette Parsley Potatoes Shredded Lettuce Carrots Garden Salad Fresh Baked Roll(2 ozw) Creamy Coleslaw Q
1/2 cup 1 1/2 cup 1/2 cup 1/2 cup 1/2 cup 1 each 1/2 cur
Sweet Combread Cabbage Italian Dressing Fresh Baked Roll(2 ozw) Italian Dressing Baked Beans Sweet Combread d
1/54 cut 1/2 cup 1/2 fl oz 1 each 1/2 fl oz 1 1/2 cup 1/54 cu t�
Whipped Margarine Sweet Combread Corn Tortilla 6" Whipped Margarine Sweet Combread Peas Whipped Margarine
1/3 ozw 1/54 cut 2 each 1/3 ozw 1/54 cut 1/2 cup 1/3 ozy L
Fresh Baked Lemon Cookie(2 ozw) Whipped Margarine Chocolate Frosted Fudge Brownie Vanilla Frosted Lemon Cake Whipped Margarine Fresh Baked Sugar Cookie(2 ozw) Chocolate Frosted Fudge Brownie d
1 each 1/3 ozw 1/54 cut 1/54 cut 1/3ozw 1 each 1/54cu
Sweetened Tea Vanilla Frosted White Cake Sweetened Tea Sweetened Tea Oatmeal Cookie(2 ozw) Sweetened Tea Sweetened Tea
1 cup 1/54 cut 1 cup 1 cup 1 each 1 cup 1 cur C
Sweetened Tea Sweetened Tea C
1 cup 1 1 cup LL
All entree portions purchased fully cooked,within manufacturer tolerance specifications,are weight measurements prior to reheating. Casseroles and combination items made from scratch are based upon approximate cooked weight measurements. Weights on
cookies,bread,rolls,and breadsticks made from mix or scratch are prior to baking. Pancakes made from mix or scratch are batter volume measurement prior to cooking. Side dishes are volume measurements. All starches,vegetables,and cooked cereal are
prepared with margarine unless indicated as LF(Low Fat).No pork is used unless item is named pork. Imitation cheese with calcium is used.
*This item contains 125 mg calcium per serving
LL
-This item made with mechanically separated poultry used in accordance with USDA standards. Q
NUTRITION STATEMENT: This menu meets the nutritional guidelines of the American Correctional Association which are based upon the current DRI's for males and females 19 to 50 years as established by the Food and Nutrition Board of the Institute of Medicine,
National Academy of Sciences. Adequate levels of protein,vitamin A,vitamin C,calcium,andiron are included. Y
L
FILM QUARTERLY MENU REVIEW(initial/date)Q1 Q2 Q3 Q4
In accordance with ACA Standard(Ref.4-4316)(MANDATORY)Menu evaluations are conducted at least quarterly by food service supervisory staff to verify adherence to the established daily servings. R
L
Q
Reviewed 11/2022 Aramark Dietitian's Signature: Client's Signature: Date: FILM Signature: Date:
C
0)
E
t
V
f3
r
a
Packet Pg. 26
Proposed 11/2022 KENT COUNTY
WASHINGTON aramark
Weekly Average 3000 Calories per Day
Week: 4
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY L
Meal Name:Breakfast
Cinnamon Breakfast Bar* Peanut Butter Breakfast Bar* Lemon Breakfast Bar* Peanut Butter Breakfast Bar* Cinnamon Breakfast Bar* Peanut Butter Breakfast Bar* Lemon Breakfast Bar* �+
C
1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cut 1/54 cu d
Peanut Butter T.Ham Peanut Butter T.Ham Peanut Butter T.Ham Cheese E
1 ozw 1 ozw 1 ozw 1 ozw 1 ozw 1 ozw 1 ozy 0)
Streusel Coffeecake(1/54 2@) Buttermilk Biscuits(1/54 2@) Streusel Coffeecake(1/54 2@) Fresh Baked Roll(2 ozw) Streusel Coffeecake(1/54 2@) Buttermilk Biscuits(1/54 2@) Fresh Baked Roll(2 ozw)
1127 cut 1127 cut 1/27 cut 1 each 1/27 cut 1/27 cut 1 each i
Grape Jelly Apple Jelly Grape Jelly Apple Jelly Grape Jelly Apple Jelly Grape Jelly I
2 packet 2 packet 2 packet 2 packet 2 packet 2 packet 2 packe
Fruit(1@ or 1/2 cup equivalent) Sweetened Tea Sweetened Tea Sweetened Tea Fruit(1@ or 1/2 cup equivalent) Sweetened Tea Sweetened Tea N
1 portion 1 cup 1 cup 1 cup 1 portion 1 cup 1 cut d
Sweetened Tea Sweetened Tea C,>'
1 cup 1 cup
Meal Name:Lunch
d
T.Bologna AuGretin Potatoes(2 oz/1 c veg)- Country Patty(3 ozw each) Peppery Picadillo(2 oz)- T.Bologna Rotini&Italian Sauce(2 oz)- T.Ham (n
3 ozw 10 ozw 1 patty 10 ozw 3 ozw 10 ozw 3 ozv V
Mustard Green Beans Cream Gravy LS Garden Salad Mustard Mixed Vegetables Scalloped Potatoes 1/3 fl oz 1/2 cup 2 fl oz 1/2 cup 1/3 fl oz 1/2 cup 1 1/2 cur OO
Enriched Bread Garden Salad Cottage Fries Italian Dressing Enriched Bread Garden Salad Coleslaw Vinaigrette LL
2 slice 1/2 cup 1 1/2 cup 1/2 fl oz 2 slice 1/2 cup 1/2 cur
Parsley Potatoes Italian Dressing Cabbage Green Beans BBQ Pinto Beans LF Italian Dressing Fresh Baked Roll(2 ozw) '
1 1/2 cup 1/2 fl oz 1/2 cup 1/2 cup 1 1/2 cup 1/2 fl oz 1 each qq
Kettle Blend Mixed Vegetables Sweet Combread Fresh Baked Roll(2 ozw) Fresh Baked Roll(2 ozw) Peas&Carrots Fresh Baked Garlic Roll(2 ozw) Whipped Margarine
1/2 cup 1/54 cut 1 each 1 each 1/2 cup 1 each 1/3 ozv M
Vanilla Frosted White Cake Whipped Margarine Whipped Margarine Whipped Margarine Fudge Brownie Oatmeal Cookie(2 ozw) Fruit(1@ or 1/2 cup equivalent) v
1/54 cut 1/3 ozw 1/3 ozw 1/3 ozw 1/54 cut 1 1 each 1 portior
Lemon Fruit Drink w/Vitamins B12,C, Oatmeal Cookie(2 ozw) Vanilla Frosted Lemon Cake Fresh Baked Sugar Cookie(2 ozw) Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, M
D,E&Calcium 1 cup 1 each 1/54 cut 1 each D,E&Calcium 1 cup D,E&Calcium 1 cup D,E&Calcium 1 cur O
Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, Lemon Fruit Drink w/Vitamins B12,C, N
D,E&Calcium 1 cup D,E&Calcium 1 cup D,E&Calcium 1 cup
Meal Name:Dinner =
d
Chili con Came w/Beans(2 oz)- Roast Turkey Cajun Jambalaya(2 oz)- T.Hot Dogs(1.5 oz each) Savory Rice&Peppers(2 oz)- Crispy Chicken Patty(3 ozw each) Mac&Cheese Casserole(2 oz)- E
10 ozw 3 ozw 10 ozw 2 each 10 ozw 1 patty 10 ozv
Rice LF Gravy Pinto Beans LF Mustard Kettle Blend Mixed Vegetables BBQ Sauce Peas d
1 cup 2 fl oz 1 cup 1/2 fl oz 1/2 cup 1/2 fl oz 1/2 cur t
Garden Salad Rice O'Brien Garden Salad Enriched Bread Garden Salad Baked Beans Garden Salad Q
1/2 cup 1 1/2 cup 1/2 cup 2 slice 1/2 cup 1 1/2 cup 1/2 cur
Italian Dressing Corn Italian Dressing Coney Sauce Italian Dressing Carrots Italian Dressing
1/2 fl oz 1/2 cup 1/2 fl oz 1 1/2 cup 1/2 fl oz 1/2 cup 1/2 fl o: V
Fresh Baked Roll(2 ozw) Fresh Baked Garlic Roll(2 ozw) Sweet Combread Creamy Coleslaw Sweet Combread Fresh Baked Roll(2 ozw) Sweet Combread
1 each 1 each 1/54 cut 1/2 cup 1/54 cut 1 each 1/54 cu
Whipped Margarine Fresh Baked Lemon Cookie(2 ozw) Whipped Margarine Vanilla Frosted White Cake Whipped Margarine Whipped Margarine Whipped Margarine d
1/3 ozw 1 each 1/3 ozw 1/54 cut 1/3 ozw 1/3 ozw 1/3 ozy (n
Fresh Baked Sugar Cookie(2 ozw) Sweetened Tea Chocolate Frosted Fudge Brownie Sweetened Tea Oatmeal Cookie(2 ozw) Vanilla Frosted Lemon Cake Oatmeal Cookie(2 ozw)
1 each 1 cup 1/54 cut 1 cup 1 each 1/54 cut 1 eact C
Sweetened Tea Sweetened Tea Sweetened Tea Sweetened Tea Sweetened Tea C
1 cup 1 cup 1 cup 1 cup 1 cur LL
All entree portions purchased fully cooked,within manufacturer tolerance specifications,are weight measurements prior to reheating. Casseroles and combination items made from scratch are based upon approximate cooked weight measurements. Weights on
cookies,bread,rolls,and breadsticks made from mix or scratch are prior to baking. Pancakes made from mix or scratch are batter volume measurement prior to cooking. Side dishes are volume measurements. All starches,vegetables,and cooked cereal are
prepared with margarine unless indicated as LF(Low Fat).No pork is used unless item is named pork. Imitation cheese with calcium is used.
*This item contains 125 mg calcium per serving
LL
-This item made with mechanically separated poultry used in accordance with USDA standards. Q
NUTRITION STATEMENT: This menu meets the nutritional guidelines of the American Correctional Association which are based upon the current DRI's for males and females 19 to 50 years as established by the Food and Nutrition Board of the Institute of Medicine,
National Academy of Sciences. Adequate levels of protein,vitamin A,vitamin C,calcium,andiron are included. Y
L
FILM QUARTERLY MENU REVIEW(initial/date)Q1 Q2 Q3 Q4
In accordance with ACA Standard(Ref.4-4316)(MANDATORY)Menu evaluations are conducted at least quarterly by food service supervisory staff to verify adherence to the established daily servings. R
L
Q
Reviewed 11/2022 Aramark Dietitian's Signature: Client's Signature: Date: FILM Signature: Date:
C
0)
E
t
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r
a
Packet Pg. 27
4.C.a
EXHIBIT B
N
For Diets using the Diet Menu,please use the following products as indicated below: o
Dry Cereal(unsweetened), Hot Cereals(made without added fat or sugar), Scrambled Eggs(egg mix only-no sauce or seasonings added), Scratch Pattie or crumble(cooked weight pattie made with mechanically separated chicken or soy granules)
3
Q
BCSC DIET SHEET
No added margarine, salt or pepper Date
1 Sunday U`
MEAL: BREAKFAST Week Day o
Hot Cereal/Scrambled Egg
L
0
Lf Regular v
Count Diet Pepper Sugar/Jelly Marg- White Fruit or Hot Scrambled Coffee Morning Beverage Y
(If on menu) (if on menu) arine Bread 100% Juice Cereal Egg (If on Menu) Low Fat Milk*
Same as
L
Cardiac 1 ea. Regular Menu 2 ea 2 sl. 1 @ or 4 oz 1 c 4 oz 8 oz. 8 oz. °
1800 Diabetic 1 ea. NONE NONE 1 SI. 1 @ or 4 oz 1/2 c 2 oz 8 oz. 8 oz.
2200 Diabetic 1 ea. NONE NONE 2 sl. 1 @ or 4 oz 1 c 2 oz 8 oz. 8 oz.
2500 Diabetic 1 ea. NONE 2 ea 3 sl. 1@ or 4 oz 1 c 4 oz 8 oz. 8 oz. a
2800 Diabetic 1 ea. NONE 2 ea. 3 sl. 2 @ or 8 oz 1 C 4 oz 8 oz. 8 oz.
*Serve whichever is on regular menu Cn
a
0
0
U_
Pregnancy Regular Menu, If morning beverage is served replace with milk.
High Protein / High Calorie Regular Menu, No changes required. M
M
High Fiber Regular Menu, Add fresh fruit if not on regular meal or replace fruit juice with fresh fruit. Serve total of 1 1/2 cups oatmeal in place M
N
of cereal on menu. c
N
Milk-Intolerance Regular Menu, NO fluid milk. Replace with 8 oz. fruit drink w/calcium or morning beverage
Make sure hot cereal does not contain dairy blend. Replace real cheese and meat gravies with 3 oz. scrambled eggs.
m
No Concentrated Sweets Regular Menu, No sugar, no jelly, and no syrup. Replace breakfast pastries with 2 slices of bread. a
U
Dental Soft Regular Menu, Replace fresh apples and pears with bananas, oranges, canned fruit (1/2 c), or 100%juice (4 oz.).
to
Adolescents Housed as Adults Regular Menu, 8 oz low fat milk, or morning beverage will be provided, if not on regular menu. 0
0
Pork-Free Regular Menu, Replace pork with same portion of another non-pork breakfast protein item. U_
Lacto-Ovo Vegetarian Regular Menu, Replace meat with same weight of eggs or peanut butter. If cheese is served on the regular menu, replace with the same weight
of vegetarian cheese. a
Complete and attach a Meal Pattern from your MNT Manual to the production production packet for the following diets:
Clear Liquid Finger Foods Vegan Renal (pre-dialysis)
Full Liquid Gluten Restricted GI Soft Renal (Dialysis) Other a
Total Count Count Count Count Count Count
Non-Standard Medical or Religious Diets require a separate Diet Memo from your ACS Dietitian with instructions (Non-Standard Diets are recorded as "other" diets) E
Q
Ex B Sample Diet Plans.xlsx Packet Pg. 28
4.C.a
For Diets using the Special Diet Menu,please use the following products as indicated below: N
L
Baked Chicken (meat only weight), Fish Fillet(unbreaded), Poultry Pattie (scratch from ground turkey or ground chicken), Sliced Turkey(white or combo roll), Beef Pattie (with soy allowable). Breaded Chicken Pattie, Breaded Fish Pattie, 0
Meatloaf Pattie, all cooked vegetables, starches and beans are made without salt or fat. ***Swiss brand chicken and beef bases purchased through Single Source do not contain meat products and are allowed on lacto-ovo vegetarian diets. Q
LUNBRE-BP DIET SHEET
No added margarine, salt or pepper Date
1 Sunday u.
MEAL: LUNCH Week Day o
UNBREADED MEAT w/ Beans or Potatoes
a�
L
L
0
Lf Lf
Pepper Marg- White Mashed Mixed Turkey Fresh or Unsweetened Y
Count Diet (If on menu) arine Bread Potatoes Vegetables Canned Fruit Tea r
L
Cardiac 1 ea. 1 ea 2 sl. 1 c 1 c 3 oz 1@ or 1/2 c 8 oz °
1800 Diabetic 1 ea. NONE 1 sl. 1/2 c 1/2 c 3 oz 1 @ or 1/2 c 8 oz
2200 Diabetic 1 ea. NONE 2 sl. 1 c 1/2 c 3 oz 1 @ or 1/2 c 8 oz
2500 Diabetic 1 ea. 1 ea 2 sl. 1 c 1 c 3 oz 1@ or 1/2 c 8 oz a
N
2800 Diabetic 1 ea. 2 ea 2 sl. 1 1/2 c 1 c 3 oz 1@ or 1/2 c 8 oz
0
0
u.
Pregnancy Regular Menu, 8 oz low fat milk will be provided, if not on regular menu. Processed deli meats must be served hot.
High Protein / High Calorie Regular Menu, No changes required. M
High Fiber Regular Menu, Serve 1 1/2 cups of bean/legumes if on regular menu. M
N
Milk- Intolerance Regular Menu, NO fluid milk. Replace with 8 oz. fruit drink w/calcium. Replace cream gravy with beef or chicken based gravy. N
Replace pudding and ice cream with standard menu portion of cake, cookies, brownie, or gelatin.
E
No Concentrated Sweets Regular Menu, Replace sweet desserts with fresh fruit (1 each) or drained canned fruit (1/2 c).
L
a
Dental Soft Regular Menu, Replace hard taco shells or chips with 2 sl. of bread. Replace fresh apples & pears with bananas, oranges, or canned fruit (1/2 c).
No raw vegetables except plain lettuce salad. Replace with a cooked vegetable of the same portion.
Adolescents Housed as Adults Regular Menu, 8 oz low fat milk, or morning beverage will be provided, if not on regular menu. c
Pork-Free Regular Menu, Replace pork meats with same portion of beef or poultry meats. ii
Lacto-Ovo Vegetarian Regular Menu, Use no meat bases***. Replace entree and gravies with 3 Oz Cheese
Continue to serve all other items in portion sizes noted on the regular menu except the meat entree/meat containing items LL
Q
and gravy. If cheese is served on the regular menu, replace with the same weight of vegetarian cheese. o
Complete and attach a Meal Pattern from your MNT Manual to the production production packet for the following diets:
Clear Liquid Finger Foods Vegan Renal (pre-dialysis) E
Full Liquid Gluten Restricted GI Soft Renal (Dialysis) Other a
Total Count Count Count Count Count Count c
a�
Non-Standard Medical or Religious Diets require a separate Diet Memo from your ACS Dietitian with instructions (Non-Standard Diets are recorded as "other" diets) E
a
Ex B Sample Diet Plans.xlsx Packet Pg. 29
4.C.a
For Diets using the Special Diet Menu,please use the following products as indicated below: N
.c
Baked Chicken (meat only weight), Fish Fillet(unbreaded), Poultry Pattie (scratch from ground turkey or ground chicken), Sliced Turkey(white or combo roll), Beef Pattie (with soy allowable). Breaded Chicken Pattie, Breaded Fish Pattie, 0
Meatloaf Pattie, all cooked vegetables, starches and beans are made without salt or fat. ***Swiss brand chicken and beef bases purchased through Single Source do not contain meat products and are allowed on lacto-ovo vegetarian diets. Q
DMIXED-BP DIET SHEET
No added margarine, salt or pepper Date
1 Sunday u.
MEAL: DINNER Week Day o
MIXED DISH w/ Beans or Potatoes
a�
L
0
U
c
Pepper Marg- White Lf Lf Sloppy Fresh or Unsweetened Y
Count Diet (If on menu) arine Bread* Beans Carrots Joe Canned Fruit Tea r
L
Cardiac 1 ea. 1 ea 2 sl. 1 c 1 c 4 oz 1@ or 1/2 c 8 oz °
1800 Diabetic 1 ea. NONE 1 sl. 3/4 c 1/2 c 4 oz 1 @ or 1/2 c 8 oz
2200 Diabetic 1 ea. NONE 2 sl. 1 c 1/2 c 4 oz 1 @ or 1/2 c 8 oz
2500 Diabetic 1 ea. 2 ea 2 sl. 1 c 1 c 4 oz 1@ or 1/2 c 8 oz a
2800 Diabetic 1 ea. 2 ea 2 sl. 1 1/2 c 1 c 4 oz 1@ or 1/2 c 8 oz
*When tacos are served, substitute tortillas for bread; 1 slice of bread = 1 tortilla
Cn
0
0
u.
Pregnancy Regular Menu, 8 oz low fat milk will be provided, if not on regular menu.
LO
High Protein / High Calorie Regular Menu, No changes required.
M
High Fiber Regular Menu, Serve 1 1/2 cups of bean/legumes if on regular menu. M
N
Milk- Intolerance Regular Menu, NO fluid milk. Replace with 8 oz. fruit drink w/calcium. Replace cream gravy with beef or chicken based gravy. N
Replace pudding and ice cream with standard menu portion of cake, cookies, brownie, or gelatin.
No Concentrated Sweets Regular Menu, Replace sweet desserts with fresh fruit (1 each) or drained canned fruit (1/2 c).
a
Dental Soft Regular Menu, Replace hard taco shells or chips with 2 sl. of bread. Replace fresh apples & pears with bananas, oranges, or canned fruit (1/2 c).
No raw vegetables except plain lettuce salad. Replace with a cooked vegetable of the same portion. cn
Adolescents Housed as Adults Regular Menu, No changes required.
0
0
Pork-Free Regular Menu, Replace pork meats with same portion of beef or poultry meats. u.
Lacto-Ovo Vegetarian Regular Menu, Use no meat bases***. Replace entree and gravies with 1 C Beans
Continue to serve all other items in portion sizes noted on the regular menu except the meat entree/meat containing items LL
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and gravy. If cheese is served on the regular menu, replace with the same weight of vegetarian cheese. o
Complete and attach a Meal Pattern from your MNT Manual to the production production packet for the following diets:
Clear Liquid Finger Foods Vegan Renal (pre-dialysis) E
Full Liquid Gluten Restricted GI Soft Renal (Dialysis) Other a
Total Count Count Count Count Count Count
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Non-Standard Medical or Religious Diets require a separate Diet Memo from your ACS Dietitian with instructions (Non-Standard Diets are recorded as "other" diets) E
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Ex B Sample Diet Plans.xlsx Packet Pg. 30
SAMPLE
EXHIBIT B LACTO-OVO RELIGIOUS MENU aramark .
(will be customized to match mainline menu calorie level)
Week: 1
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY L
Meal Name:Breakfast
Fruit(1@ or 1/2 cup equivalent) Fruit or Juice(1/2 cup equivalent) Fruit or Juice(1/2 cup equivalent) Fruit(1 @ or 1/2 cup equivalent) Fruit or Juice(1/2 cup equivalent) Fruit or Juice(1/2 cup equivalent) Fruit or Juice(1/2 cup equivalent)
1 portion 1 portion 1 portion 1 portion 1 portion 1 portion 1 portior d
Corn Flakes Cereal Bran Flakes Cereal Corn Flakes Cereal Bran Flakes Cereal Corn Flakes Cereal Toasted Oats Cereal Corn Flakes Cereal E
3/4 cup 3/4 cup 3/4 cup 3/4 cup 3/4 cup 3/4 cup 3/4 cut 4)
Peanut Butter Kosher Hard Cooked Egg Peanut Butter Peanut Butter Kosher Hard Cooked Egg Peanut Butter Peanut Butter
1 ozw 1 each 1 ozw 1 ozw 1 each 1 ozw 1 ozv i
Apple Jelly Apple Jelly Apple Jelly Apple Jelly Apple Jelly Apple Jelly Apple Jelly I
1 packet 1 packet 1 packet 1 packet 1 packet 1 packet 1 packe
Kosher Bread Kosher Bread Kosher Bread Kosher Bread Kosher Bread Kosher Bread Kosher Bread to
2 slice 2 slice 2 slice 2 slice 2 slice 2 slice 2 slice
1%Milk(Half Pint) 1%Milk(Half Pint) 1%Milk(Half Pint) 1%Milk(Half Pint) 1%Milk(Half Pint) 1%Milk(Half Pint) 1%Milk(Half Pint) V
1 each 1 each 1 each 1 each 1 each 1 each 1 eaG
Meal Name:Lunch
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Navy Beans Kosher Bean Patty Peanut Butter Peanut Butter Pinto Beans Refried Pinto Beans LF Rotini w/Tomato Sauce (n
1 cup 3 1/2 ozw 2 ozw 2 ozw 1 cup 1 cup 1 1/2 cur Rice Mustard Apple Jelly Apple Jelly Rice Cheese Sauce Peas LF •a
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1 cup 1/3 fl oz 1 packet 1 packet 1 cup 1 fl oz 1/2 cur O
Carrots Kosher Bread Kosher Bread Kosher Bread Carrots Corn Tortilla 6" Cabbage ILL
1/2 2 slice 2 slice 2 slice 1/2 cup 2 each 1/2 cur
Kosher Bread O'Brien Potatoes Macaroni&Cheese Cajun Potatoes Garden Salad Rice Kosher Bread '
2 slice 1 cup 1 cup 1 cup 1/2 cup 1 cup 2 slice qq
Whipped Margarine Creamy Coleslaw Green Beans Garden Salad French Dressing LF Shredded Lettuce Whipped Margarine t0
1/3 ozw 1/2 cup 1/2 cup 1/2 cup 1/2 fl oz 1/2 cup 1/3 ozv M
Duplex Sandwich Cookies Duplex Sandwich Cookies Duplex Sandwich Cookies Italian Dressing Kosher Bread Duplex Sandwich Cookies Duplex Sandwich Cookies v
5 each 5 each 5 each 1/2 fl oz 2 slice 5 each 5 each
Fruit Drink w/Vitamin C Fruit Drink w/Vitamin C Fruit Drink w/Vitamin C Duplex Sandwich Cookies Whipped Margarine Fruit Drink w/Vitamin C Fruit Drink w/Vitamin C M
1 packet 1 packet 1 packet 5 each 1/3 ozw 1 packet 1 packe NC
Fruit Drink w/Vitamin C Duplex Sandwich Cookies N
1 packet 5 each
Fruit Drink w/Vitamin C
1 packet =
Meal Name:Dinner m
Kosher Bean Patty Navy Beans Vegetarian Chili w/Beans Navy Beans Rotini w/Tomato Sauce Macaroni&Cheese Kosher Bean Patty d
3 1/2 ozw 1 cup 1 1/2 cup 1 cup 1 1/2 cup 1 1/2 cup 3 1/2 ozv L.
Mustard Rice Corn LF Rice O'Brien Green Beans Irish Blend Vegetables Mustard
1/3 fl oz 1 cup 1/2 cup 1 cup 1/2 cup 1/2 cup 1/3 fl o: Q
Kosher Bread Carrots Garden Salad Garden Salad Garden Salad Coleslaw Vinaigrette Kosher Bread
2 slice 1/2 cup 1/2 cup 1/2 cup 1/2 cup 1/2 cup 2 slice
Cottage Fries Garden Salad Italian Dressing French Dressing LF Italian Dressing Kosher Bread Parsley Rice
1 cup 1/2 cup 1/2 fl oz 1/2 fl oz 1/2 fl oz 2 slice 1 our •�
Garden Salad Italian Dressing Kosher Bread Kosher Bread Kosher Bread Whipped Margarine Carrots
1/2 cup 1/2 fl oz 2 slice 2 slice 2 slice 1/3 ozw 1/2 cur co
Dressing LF Kosher Bread Whipped Margarine Whipped Margarine Whipped Margarine Vanilla Sandwich Cookies Vanilla Sandwich Cookies
1/2 fl oz 2 slice 1/3 ozw 1/3 ozw 1/3 ozw 5 each 5 each 'a
Vanilla Sandwich Cookies Whipped Margarine Vanilla Sandwich Cookies Vanilla Sandwich Cookies Vanilla Sandwich Cookies Fruit Drink w/Vitamin C Fruit Drink w/Vitamin C O
5 each 1/3 ozw 5 each 5 each 5 each 1 packet 1 packe Q
Fruit Drink w/Vitamin C Vanilla Sandwich Cookies Fruit Drink w/Vitamin C Fruit Drink w/Vitamin C Fruit Drink w/Vitamin C ILL
1 packet 5 each 1 packet 1 packet 1 packet
Fruit Drink w/Vitamin C •�
1 packet
Side dishes are volume measurements. All starches,vegetables,and cooked cereal are prepared with margarine unless indicated as LF(Low Fat).No pork is used unless item is named pork. ILL
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NUTRITION STATEMENT: This menu meets the nutritional guidelines of the American Correctional Association which are based upon the current DRI's for males and females 19 to 50 years as established by the Food and Nutrition Board of the Institute of Medicine,
National Academy of Sciences. Adequate levels of protein,vitamin A,vitamin C,calcium,andiron are included.
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General Guidelines:Follow all kosher preparation instructions in recipes for Entrees,Starches and Salads. Utensils used for scooping,cooking and serving must be dedicated for kosher food use ONLY and stored in a special area.No meat is served.Serve meal on �
disposable or designated kosher trays with disposable or kosher only tableware.
FILM QUARTERLY MENU REVIEW(initial/date)Q1 Q2 Q3 Q4
In accordance with ACA Standard(Ref.4-4316)(MANDATORY)Menu evaluations are conducted at least quarterly by food service supervisory staff to verify adherence to the established daily servings. Q
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Aramark Dietitian's Signature of Nutritional Adequacy: Client's Signature: Date: E
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FILM Signature: Date: r
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Facility Religious Authority's Signature of Approval: Date:
Reviewed
Packet Pg. 31
4.C.a
Taun Adams EXHIBIT C
Correction Services
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11/10/2022 L
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Kent Count, WA per inmate per meal cost.
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60 69 $ aD
3.75150 L
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70 79 $
2.58400 E
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80 89 $ Q
2.39134 a
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90 99 $
2.25682 0
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100 109 $
2.14920 M
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110 119 $ N
2.04974 N
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120 129 $ E
1.97642
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130 139 $ 0
1.90760
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140 149 $ o
1.85445 COL
150 159 $
1.80839 Q
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EXHIBIT D - INSURANCE REQUIREMENTS 0
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Packet Pg. 33
4.D
HUMAN RESOURCES DEPARTMENT
Teri Smith, SHRM-CP, PHR
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5270
DATE: November 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: Agreement with The Segal Group, Inc, for a Non-Represented
Salary Survey - Authorize
MOTION: I move to authorize the Mayor to sign a Consultant Services
Agreement with The Segal Group, Inc for a non-represented employee
salary survey, in an amount not to exceed $120,000 subject to final terms
and conditions acceptable to the Human Resources Director and City
Attorney.
SUMMARY: The City of Kent, Washington ("City") requested proposals for a subject
matter expert with significant experience in conducting classification reviews, salary
surveys and comparative analyses, involving jurisdictions with sizes similar to the
City of Kent, and offering a set of programs and services that overlaps with the
City's in December 2021. The Council unanimously approved HR using a consultant
to assist in the classification and compensation study and RFPs were solicited.
After the RFPs were received and interviews conducted, Segal, Inc. was selected as
the best consulting group to manage this study. The scope of work will include the
following:
1. Develop a mutually agreeable project management plan that clearly describes all
phases of the project with schedules, milestones, responsibilities, constraints,
and deliverables and coordinate with the City's project manager throughout the
project.
2. Prepare and implement a communication program that ensures full
communication to leadership and employees throughout the project and
provides opportunities for meaningful engagement without unduly prolonging
the process.
3. Determine recommended compensation philosophy and present to City staff for
discussion.
4. Determine if changes to existing position descriptions are needed, including
standardized diversity, equity and inclusion language; and if so, provide
suggested changes for the City to update into these descriptions.
5. Prepare a comparative analysis that identifies the City's competitive position in a
comparative labor market, including comparative city employers.
6. Prepare recommendations for compensation to maintain competitiveness,
ensure equity and position the organization for future development.
Packet Pg. 34
4.D
7. Provide recommendations to address budgetary considerations.
8. Coordinate with the City's project manager throughout the project.
9. Meetings - to include, but not limited to, stakeholder, employee, and Council
meetings.
BUDGET IMPACT: The full cost of this contract will be paid from the Human
Resources Department's existing budget.
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. Master Consulting Agreement with The Segal Group(PDF)
2. Project Timeline (PDF)
Packet Pg. 35
4.D.a
•
KENT
WISH IN c r o n
CONSULTANT SERVICES AGREEMENT Un
between the City of Kent and
The Segal Group
N
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and The Segal Group, Inc. organized under the laws of the State of Delaware, located and doing
business at 333 West 34th Street, New York, NY 10001 (hereinafter the "Consultant").
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I. DESCRIPTION OF WORK. Z
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The Consultant shall perform the following services for the City in accordance with the following Q.
described plans and/or specifications: c
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• Develop a mutually agreeable project management plan that clearly describes all phases
of the project with schedules, milestones, responsibilities, constraints, and deliverables and En
coordinate with the City's project manager throughout the project.
• Prepare and implement a communication program that ensures full communication to r
leadership and employees throughout the project and provides opportunities for meaningful 3
engagement without unduly prolonging the process.
• Determine recommended compensation philosophy and present to City staff for discussion. E
• Determine if changes to existing position descriptions are needed, including standardized
diversity, equity and inclusion language; and if so, provide suggested changes for the City to Q
update into these descriptions.
• Prepare a comparative analysis that identifies the City's competitive position in a M
comparative labor market, including comparative city employers. M
• Prepare recommendations for compensation to maintain competitiveness, ensure equity a
and position the organization for future development.
0
• Provide recommendations to address budgetary considerations.
• Coordinate with the City's project manager throughout the project.
• Meetings - to include, but not limited to, stakeholder, employee, and Council meetings.
m
The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the 3
time those services are performed.
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II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the
work described in Section I on or before January 31, 2023. a
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III. COMPENSATION.
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A. The City shall pay the Consultant, based on time and materials, an amount not to exceed 0
$120,000, for the services described in this Agreement. This is the maximum amount to be
paid under this Agreement for the work described in Section I above, and shall not be n
exceeded without the prior written authorization of the City in the form of a negotiated and g
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) E
for a period of one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit A.
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CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000) Packet Pg. 36
4.D.a
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within thirty (30) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that M
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
C. Card Payment Program. The Consultant may elect to participate in automated credit card c
payments provided for by the City and its financial institution. This Program is provided as an y
alternative to payment by check and is available for the convenience of the Consultant. If the Iv
Consultant voluntarily participates in this Program, the Consultant will be solely responsible (
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City. 0
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IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- o
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in Q.
accordance with Ch. 51.08 RCW, the parties make the following representations: c
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A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
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B. The Consultant maintains and pays for its own place of business from which the
Consultant's services under this Agreement will be performed. r
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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 E
retained the Consultant's services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that Q
involved under this Agreement.
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D. The Consultant is responsible for filing as they become due all necessary tax M
documents with appropriate federal and state agencies, including the Internal Revenue a
Service and the state Department of Revenue.
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E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Consultant's business, and has obtained a Unified Business Identifier (UBI) number N
from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of its 3
business. r
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V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon W
providing the other party thirty (30) days written notice at its address set forth on the signature block of a,
this Agreement. After termination, the City may take possession of all materials prepared by Consultant a
and delivered to the City in connection with this project, which may be used or disclosed by the City for c
their intended purpose or as otherwise contemplated by this Agreement. If the City's use of the Consultant's
records or data is not related to this project, it shall be without liability or legal exposure to the Consultant.
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VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, N
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or g
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing E
state or national declarations of emergency, or any current social distancing restrictions or personal C
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CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 37
4.D.a
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
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If any future performance is prevented or delayed by a force majeure event, the party whose 3
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in m
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
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Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City W
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any W
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. 5
Performance that is more costly due to a force majeure event is not included within the scope of this Force z
Majeure provision.
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If a force majeure event occurs, the City may direct the Consultant to restart any work or Q.
performance that may have ceased, to change the work, or to take other action to secure the work or the c
project site during the force majeure event. The cost to restart, change, or secure the work or project site cL
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be n
borne by the Consultant.
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VII. DISCRIMINATION. In the hiring of employees for the performance of work under this 3
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the c
Consultant or subcontractor shall not by reason of race religion, color, sex age, sexual orientation national WE
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. The Consultant shall execute t
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. LO
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VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, a
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or o
suits, including all legal costs and reasonable attorney fees, arising out of or in connection with the 0
Consultant's negligence or willful misconduct in the performance of this Agreement, except for that portion
of the injuries and damages caused by the City's negligence or willful misconduct.
The City's inspection or acceptance of any of the Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
3
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, a
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, a,
and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's a
negligence. c
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL G
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INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. N
In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court as
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then E
the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
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CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 38
4.D.a
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Consultant's part.
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The provisions of this section shall survive the expiration or termination of this Agreement. 3
IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. m
X. EXCHANGE OF INFORMATION. The City agrees to supply to Consultant (either directly or
through City's agents and representatives) on a timely basis all of the data, documentation and information a
(e.g., current plan design and plan documents, information concerning all plan participants and W
beneficiaries) reasonably needed by Consultant to perform the Services ("City Information") in a reasonably
usable format. If City Information is not provided in a usable format, Consultant will notify City. If the City
is unable or unwilling to convert such information into a usable format, Consultant may charge City for o
actual costs incurred in converting it to a usable format Consultant will have the right to reasonably rely on
the accuracy and completeness of City Information. o
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XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. City Information is and will c
remain the sole property of the City and will be safeguarded by the Consultant. The City acknowledges
that, in providing the Services, Consultant will distribute or make available certain proprietary materials
("Consultant's Proprietary Information"), including, but not limited to, publications, software, know-how,
techniques, methodologies and report formats. Except to the extent that they are or incorporate En
Consultant's Proprietary Information, all documents, data, and other tangible materials authored or
prepared and delivered by Consultant to City under the terms of this Agreement (collectively, the r
"Deliverables"), are the sole and exclusive property of City, once paid for by City. To the extent that 3
Consultant's Proprietary Information is incorporated into such Deliverables, City will have a perpetual, fully c
paid, non-exclusive, non-transferable and non-sublicensable right to use, copy, and modify Consultant's E
Proprietary Information as part of the Deliverables for their intended purpose. The City's use or reuse of
any Deliverable on any other project or for any other purpose shall be without liability or legal exposure to Q
the Consultant.
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Lo The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in M
Chapter 42.56 of the Revised Code of Washington. The City is specifically permitted to release copies of any a
Deliverables in response to a request under the Public Records Act. If The City receives a request pursuant o
to the Public Records Act to disclose any information provided by Consultant other than the Deliverables,
the City will notify Consultant with sufficient time for Consultant to seek any legally permissible exemption
from disclosure. Consultant shall be solely responsible for all costs related to seeking such exemption.
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XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of 3
inspection to secure satisfactory completion.
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XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary W
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the a,
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall a
be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to c
materials, tools, or other articles used or held for use in connection with the work.
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XIV. MISCELLANEOUS PROVISIONS.
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its N
contractors and consultants to use recycled and recyclable products whenever practicable. A price g
preference may be available for any designated recycled product.
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the E
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
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CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 39
4.D.a
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.
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and 3
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 -0
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 y
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII of this Agreement.
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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 o
notice hereunder shall become effective three (3) business days after the date of mailing by registered or Q.
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this c
Agreement or such other address as may be hereafter specified in writing. Additionally, an electronic copy
of all notices to the Consultant shall be sent to Contract Notice@segalco.com.
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E. Assignment. Any assignment of this Agreement by either party without the written consent Cn
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 r
without additional written consent. 3
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement E
shall be binding unless in writing and signed by a duly authorized representative of the City and the
Consultant.
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any LO
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative pM,
of the City, and such statements shall not be effective or be construed as entering into or forming a part of a
or altering in any manner this Agreement. All of the above documents are hereby made a part of this o
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.
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H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations. 3
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I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to 0
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the a
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties c
and obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I, 0
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code. N
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CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 40
4.D.a
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 0
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.
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 y
to have applied.
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CONSULTANT: CITY OF KENT: o
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By: By: a
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Print Name: Ruth Ann Eledge Print Name: Dana Ralph
Its Vice President Its Mayor
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DATE: 05/17/2022 DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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CONSULTANT: CITY OF KENT: a0i
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The Segal Group, Inc. Teri Smith Q
333 West 34th Street City of Kent LO
New York, NY 1001 220 Fourth Avenue South
Kent, WA 98032 a
(212) 251-5000 (telephone) o
(646) 365-3243 (facsimile) (253) 856-5276 (telephone) a
(253) 856-6270 (facsimile) Fa
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APPROVED AS TO FORM:
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Kent Law Department
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ATTEST: Q
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Kent City Clerk °
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[In this field,you may enter the electronic filepath where the contract has been saved] N
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CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. 41
4.D.a
DECLARATION
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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 a
Agreement shall comply with the regulations of the City's equal employment opportunity policies. y
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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. z0
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the m
directives outlines, it will be considered a breach of contract and it will be at the City's sole ,0
determination regarding suspension or termination for all or part of the Agreement; ;
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The questions are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2.
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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
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3. During the time of this Agreement the prime contractor will provide a written statement to E
all new employees and subcontractors indicating commitment as an equal opportunity
employer. a
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and M
promotion of women and minorities. a
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5. Before acceptance of this Agreement, an adherence statement will be signed by me, the 0
Prime Contractor, that the Prime Contractor complied with the requirements as set forth ai
above.
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By signing below, I agree to fulfill the five requirements referenced above.
By:
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For: The Segal Group, Inc.
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Title: Vice President
Date: 05/17/2022 c
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EEO COMPLIANCE DOCUMENTS - 1
Packet Pg. 42
4.D.a
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
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SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
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Equal employment opportunity requirements for the City of Kent will conform to federal and state 0
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: a
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1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women.
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract Q
and subject to suspension or termination for all or part of the Agreement. LO
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public a
Works Departments to assume the following duties for their respective departments. 0
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these v-
regulations are familiar with the regulations and the City's equal employment opportunity in
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 3
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EEO COMPLIANCE DOCUMENTS - 2
Packet Pg. 43
4.D.a
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT L
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This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement. 2
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I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime o
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contractor for the Agreement known as that was entered
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into on the (date), between the firm I represent and the City of a
Kent. °
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I declare that I complied fully with all of the requirements and obligations as outlined in the City
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of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity r
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Policy that was part of the before-mentioned Agreement.
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Packet Pg. 44
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4.D.b
Project Timeline
We understand that the City anticipates beginning this project in January 2023, with final
recommendations to be presented no later than July 2023. Our proposed timeline below is N
consistent with that goal. 0
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Please note: Segal is unable to begin any project without a signed contract from the City.
ANTICIPATED TIMELINE IN MONTHS Cn
Step Mar June July Cn
Step 1: Project Initiation 2
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Step 2:Compensation Philosophy i
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Step 3:Salary Market Assessment
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Step 4:Recommendations Development Z
Step 5:Classification Analysis o
Step 6: Present Final Results c
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9582044v1/97909.902 Seg Packet Pg. 45
4.E
OFFICE OF THE CITY ATTORNEY
Tammy White, City Attorney
220 Fourth Avenue South
\117KENT Kent, WA 98032
W A S ENT
N G T O N 253-856-5770
DATE: November 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: Independent Salary Commission Ordinance — Adopt
MOTION: I move to adopt Ordinance No. 4454, amending the Kent City
Code to establish an Independent Salary Commission to review and set the
salaries of the Mayor and members of the City Council.
SUMMARY: Under our state's constitution, salaries for elected city officials cannot
be diminished while an official is in office, nor can such officials' fix or raise their
own compensation during their term in office.
In order to allow salaries for elected city officials to be increased outside of an
elected city official's term of office, the state legislature created a process in RCW
35.21.015 that allows an independent salary commission to review and establish
salaries for elected city officials. Through that process, any increase in salary may
be made effective without regard to an official's term of office. However, any
decrease in salary is still constitutionally limited and cannot take effect until the
elected city official begins a new term in office.
An independent salary commission was last established in Kent back in 2015,
through which base salaries were established for the positions of Mayor, the Council
President, and members of Council. Beginning on January 1, 2016, a cost of living
adjustment was applied to these salaries at a rate of 2.5% per year, which at that
time, was anticipated to sufficiently address long-term salary concerns 'barring an
extraordinary increase or decrease in inflation." For that reason, the independent
salary commission requested that they be disbanded, which Council did through
Ordinance No. 4169 on September 15, 2015.
Unfortunately, the 2.5% cost of living adjustment has been under the CPI-W rate
(Consumer Price Index for Urban Wage Earners and Clerical Workers) for five of the
past seven years since the current salary schedule was adopted. The CPI-W rate is
the typical rate the City uses to determine adjustments to employee wages and
vendor contracts.
Packet Pg. 46
4.E
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALFl HALF2
2012 2.8 2.8 2.7 2.7 2.3 1.4 2.5 2.9 2.2
2023 1.9 1.1 1.2 1.1 0.6 1.5 1,2. 1.4 1,0
2014 1.3' 2.6 2.2 2.1 2.1 1.1 1.9 1 2.0 1.9
2015 0.5 -0.2 1.1 1.2 0.8 2.3 0.9. 0.5 1.4
2026 2A 2.6 2.0 2.0 2.6 2.5 2.3 2.3 2.2
2017 3.7 3.3 3.0 2.8 3.4 4.0 3.3 3.2 3.5
2028 3.5 3.5 3.6 3.2 3.3 2.7' 3.4 3.6 3.1
2019 2.5 2.1 1.7 2.5 1.7 2.0 2.1 2.2 2.0
2020 2.6 1.5 1.0 2.4 2.1 1.6 1.9 1.9 1.9
2021 1.7 3.7 6.3 5.1 6.3 7.8 4.8 3.3 6.2
2022 8.1 8.5 9.5 9.2 9.4 8.6
The City is currently undertaking a comprehensive review of salaries for its non-
represented staff. Additionally, negotiations are underway for new collective
bargaining agreements with the AFSCME and Teamsters unions, which are likely to
address salary cost of living adjustments for the new contract term. The City also
just recently negotiated a new collective bargaining agreement with the KPOA, the
police officers' union, which also addressed cost of living adjustments through
2024. Accordingly, it seems appropriate to re-establish an independent salary
commission to also undertake a review of the current salaries for the positions of
the Mayor, the Council President, and members of the City Council and determine
whether any changes should be made to those salaries.
Several of our neighboring cities have established salary commissions who regularly
review the salaries of their elected city officials, on either an annual or a multi-year
schedule. (e.g., Auburn, Bellevue, Everett, Renton, Federal Way, Kirkland,
Lakewood, Maple Valley, Olympia, etc.). Kent appears to be an outlier by the action
it took in 2015 to disband its independent salary commission after the current
salary schedule was adopted. Given that the CPI-W rate has often exceeded the
2.5% cost of living adjustment established in 2015 by Kent's last independent
salary commission, it's possible that salaries for Kent's elected officials may have
fallen behind those salaries paid by our neighboring cities.
The draft ordinance includes the following provisions, which would become effective
if adopted by Council:
Commission would consist of 3 members; all registered voters and City
residents:
o Must be of mature judgment and ability to analyze and consider
matter (KCC 2.50.060(A)(1)).
o Appointed by Mayor; confirmed by Council (statutory requirement)
o Appointed to 4-year terms
o May serve no more than 2 terms each, whether consecutive or not
(statutory requirement)
o May be removed due to disqualifying change of residence, incapacity,
incompetence, neglect of duty, or malfeasance in office (all statutory
requirements)
Packet Pg. 47
4.E
o May not include any officer, official, or employee of City or their
immediate family members (which means parents, spouse, siblings,
children, or dependent relatives) (statutory requirement)
• Meetings subject to Open Public Meetings Act (statutory requirement, Ch.
42.30 RCW)
• Shall meet at least once per year to consider whether to review and/or adjust
salaries
• Initial meeting to occur within 30 days of appointment and confirmation;
thereafter, by April 30th in any given year
• Residents shall be provided an opportunity to comment on any proposed
salary increase or decrease before any vote by the commission. (statutory
requirement, Ch. 42.30 RCW)
• Commission may request additional financial information from the Mayor or
designee
• Mayor or designee shall provide salary information from comparable cities,
which must have a population of at least 25,000; be located within King,
Pierce, or Snohomish County; and operate under a mayor-council plan of
government under Chapters 35A.12 RCW or Title 35 RCW.
• Requires schedule of salaries be filed no later than third Tuesday in
November of each year to coincide with annual budget cycle.
• Salary schedule adopted by commission is subject to referendum (statutory
requirement)
• Leaves existing salaries in place until they are replaced by a salary schedule
adopted by an independent salary commission.
If approved by Council, this ordinance will proceed for action tonight on the Consent
Calendar at the City Council meeting.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Salary Commission Ordinance (PDF)
Packet Pg. 48
4.E.a
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ORDINANCE NO. 4454 -°a
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AN ORDINANCE of the City Council of the
City of Kent, Washington, to: (1) amend the Kent o
City Code to add a new chapter 2.65, entitled c
"Independent Salary Commission," to create a N
commission to review, establish, and annually set, E
increase, or decrease the salaries of the Mayor and c
members of the City Council; and (2) amend Kent U
City Code sections 2.01.010 and 2.02.020 relating
to the salaries of the Mayor and members of the City in
Council to provide for salary schedules established
by an Independent Salary Commission. a
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RECITALS
A. The state Constitution places limits on how changes to an
elected official's salary can be implemented. While no salary may be
decreased until an elected official's current term ends, salary increases may
go into effect at any time, so long as the entity authorizing the salary p`
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increase is not setting their own salary. If the entity authorizing the salary °
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increase is setting their own salary, then the salary increase cannot be E
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effective during that entity's current term in office. Under state law, Council
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currently sets the salaries of councilmembers, the Mayor, and the municipal
court judges. N
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B. Given these Constitutional limitations, the state Legislature
enacted RCW 35.21.015, which expressly authorizes cities, towns and Q
counties to create independent salary commissions to set elected officials'
1 Establish Independent
Salary Commission
Packet Pg. 49
4.E.a
salaries. The action fixing the salary by the commission supersedes any
other state statute, provision, or City ordinance related to either municipal
budgets or to the fixing of salaries. Additionally, implementation of salaries
established by an independent salary commission is not delayed because
salaries are set by the independent salary commission and not the City �.
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Council. Additionally, it is more appropriate to have a separate, independent a
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commission, rather than the City Council itself, objectively review and
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establish the salaries of these elected officials.
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C. The City has previously convened an independent salary c
commission to review and set the salaries of the Mayor and members of the N
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City Council. The prior commission last convened in 2015, and at that time, c
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it adopted the current salaries provided for in KCC 2.01.010 and KCC
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2.02.020, which have increased annually thereafter at a rate of 2.5%, which
has been below the Consumer Price Index and rate of inflation for several
years resulting in current salaries that appear below that provided for in a
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comparable cities. For that reason, the City's Human Resources and Finance
Departments have recommended the formation of a new Independent
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Salary Commission to evaluate the current salaries paid for the positions of
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Mayor and members of the City Council.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, pL
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: .0
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ORDINANCE E
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SECTION 1. - Amendment. The following chapter, chapter 2.65,
entitled "Independent Salary Commission," shall be added to the Kent City N
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Code as follows:
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2 Establish Independent
Salary Commission
Packet Pg. 50
4.E.a
CHAPTER 2.65
INDEPENDENT SALARY COMMISSION
Sec. 2.65.010. Establishment and purpose.
A. Independent Salary Commission Established. A salary commission is �.
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hereby established pursuant to RCW 35.21.015, hereinafter referred to as a
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the City of Kent independent salary commission.
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B. Purpose of Commission. The purpose of the independent salary o
commission shall be to review and establish the salaries of the members of c
the city council and the mayor. The salary authority of the independent N
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salary commission shall include all compensation that may be paid to or c
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received by council members and the mayor, whether or not it is identified
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as salary. Further, the salaries identified by the independent salary
commission shall be uniform among the same category or class of elected
officials. This provision, however, does not prevent or preclude the a
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independent salary commission from providing for a different salary for the
council member selected as the council president. Rather, the independent
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salary commission would be entitled to consider the additional duties of the
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council president in setting salaries for that position.
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C. Salary of Municipal Court Judge Excluded. The commission will not p`
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review or set the salaries of the City's municipal court judges, which .0
pursuant to KCC 2.34.050 equal the salary of district court judges as set by E
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the Washington Citizens' Commission on Salaries for Elected Officials. c0
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D. Ch. 2.50 KCC Supplements this Chapter. The provisions of Ch. 2.50 in
KCC shall supplement the provisions in this chapter with respect to the
independent salary commission. If there is a conflict between any provision
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in Ch. 2.50 KCC and a provision in this chapter, the provision in this chapter Q
shall control.
3 Establish Independent
Salary Commission
Packet Pg. 51
4.E.a
Sec. 2.65.020. Membership.
A. The independent salary commission shall consist of three members
who shall be registered voters and residents of the City of Kent, appointed
by the mayor and confirmed by the city council.
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B. The members of the independent salary commission shall serve a
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without compensation, except for reasonable reimbursement for their
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expenses in accordance with state law and City ordinance.
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C. Each member of the independent salary commission shall serve a c
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term of four years, except that the first three commission members shall be N
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appointed for different terms, as follows: one member to serve for a period c
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of two years, one member to serve for a period of three years, and one
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member to serve for a period of four years. Alternate members may be
appointed and confirmed in accordance with Ch. 2.50 KCC.
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D. No member may be appointed to more than two terms on the
independent salary commission, whether or not those terms are held
consecutively. ,
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E. The mayor may remove a commissioner at any time for cause of
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incapacity, incompetence, neglect of duty, or malfeasance in office, or for a o
disqualifying change of residence. o
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Sec. 2.65.030. Qualifications. E
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A. No person shall be appointed to serve as a member or alternate
member of the independent salary commission unless that person meets
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the qualifications set forth in KCC 2.50.060(A). E
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4 Establish Independent
Salary Commission
Packet Pg. 52
4.E.a
B. No city officer, official or employee, or an immediate family member
of a city officer, official or employee, may serve on the commission.
"Immediate family member," as used in this section, means the parents,
spouse, siblings, children, or dependent relatives of the officer, official, or
employee, whether or not living in the household of the officer, official or a
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Sec. 2.65.040. Commission Operations.
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A. The independent salary commission shall elect a chair and vice chair
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from among its voting members as provided for in Ch. 2.50 KCC. N
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B. The meetings of the independent salary commission shall be subject
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to the Open Public Meetings Act pursuant to Chapter 42.30 RCW. ?
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C. The independent salary commission, with the assistance of appointed
staff, shall keep a written record of its proceedings, which shall be a public a
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record all in accordance with state law.
D. The independent salary commission shall have the authority to raise
and lower salaries of the city council and the mayor. A city council or
mayoral salary increase or decrease shall occur only if a majority of the
members of the commission vote in favor of the increase or decrease as o
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provided for by Ch. 2.50 KCC. 0
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E. The independent salary commission shall meet at least once each o
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year to consider whether or not to review and/or adjust existing salaries for
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the city council and the mayor. The initial meeting of the independent salary in
commission shall take place within 30 days after the initial members of the
independent salary commission have been appointed and confirmed.
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Thereafter, the initial annual meeting of the independent salary commission a
shall occur no later than April 30th, in any given year.
5 Establish Independent
Salary Commission
Packet Pg. 53
4.E.a
F. Prior to a vote of the independent salary commission to raise or lower
salaries, residents of the city shall have an opportunity to comment or
submit comments in writing. An opportunity for comments shall be
conducted in a manner that is consistent with the procedure used at r
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regularly scheduled meetings of the city council for public comment. a
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G. Prior to a vote of the independent salary commission to raise or lower =
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salaries, the commission may request, from the mayor or designee,
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additional financial information and other relevant data, other than that
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information provided in subsection H of this section, including but not limited N
to information related to the various duties, assignments, responsibilities, E
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obligations and meetings of city council members.
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H. The mayor or designee shall provide the independent salary (n
commission with, and the commission shall consider, information regarding a
salaries paid to members of city councils and mayors from comparable
cities. Such comparable cities shall be comprised of cities having a
population of at least 25,000 and located in King, Pierce, or Snohomish
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County, and, for the purposes of the mayor, comparable cities shall be cities
organized and operating under the mayor-council plan of government,
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pursuant to Chapter 35A.12 RCW or RCW Title 35.
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I. In its meeting(s), the independent salary commission shall review N
and, if it so determines, amend and file its schedule of salaries for the city E
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council and the mayor no later than the third Tuesday in November of each L)
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year to coincide with the City's annual budget cycle. If necessary, the
independent salary commission will also meet upon any other call by the
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chair or the mayor or by the majority vote of the city council. E
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6 Establish Independent
Salary Commission
Packet Pg. 54
4.E.a
Sec. 2.65.050. Responsibilities. The independent salary
commission shall have the following responsibilities:
A. To study the relationship of salaries to the duties of the city council
members and the mayor and those of comparable cities, as defined
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hereinabove, and to establish a salary for the mayor and a uniform salary a
for all council members, as described hereinabove, by either increasing or '
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decreasing the existing salaries for the city council and the mayor by an
affirmative vote as provided for by Ch. 2.50 KCC;
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B. To review salary schedules and file its amending salary schedules, if N
any, not later than the third Tuesday in November of each year to coincide E
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with the City's annual budget cycle; provided, that this does not preclude L)
the independent salary commission from reviewing and amending salary
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schedules more often than once per year if circumstances warrant;
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C. To submit each amended salary schedule to the city clerk, who will
publish the complete schedule two times, at least one week apart, in the
official newspaper of the city. The second publication date will be the official
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filing date. The schedule will become effective 30 days after this date.
D. The commission will use its best efforts to file its initial schedule of
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salaries for the positions of Mayor, City councilmembers, and municipal
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court judges with the city clerk no later than April 1, 2023. After that date, N
the commission will review and, if it so determines, amend and file its salary E
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schedules not later than the third Tuesday in November of each year to L)
coincide with the City's annual budget cycle. The commission's initial
schedule of salaries will have an effective date no sooner than January 1, r
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2023. E
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7 Establish Independent
Salary Commission
Packet Pg. 55
4.E.a
E. The signature of the chair of the independent salary commission
shall be affixed on each schedule submitted to the city clerk. The salary
schedule will be subject to referendum petition in the same manner as a
City ordinance, if a valid referendum petition is filed within thirty (30) days
of the salary schedule's official filing date. �.
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F. The commission's established or amended salary schedule will
become effective in the amounts, at the times, and under the conditions
established in the schedule by the commission. Once filed, the City will
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incorporate the schedule into the City budget without further action by the c
City Council or the commission. N E
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G. Salary increases established by the independent salary commission
shall be effective as to all city council members and the mayor regardless
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of their terms of office. Salary decreases established by the commission
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shall become effective as to incumbents at the commencement of their next
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subsequent terms of office.
H. Existing salaries for the mayor and members of council established
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by City ordinance or City budget, or by prior action of the independent salary
commission, will remain in effect unless and until changed in accordance
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with the provisions of this chapter. o
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I. The terms and conditions of the commission's adopted salary N
schedule will remain in effect until amended under the terms and conditions E
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of a new salary schedule filed in accordance with this chapter. U
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Sec. 2.65.060. Salary schedule - Referendum petition.
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A. The independent salary commission's adopted salary schedule will be
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subject to referendum in the same manner as a City ordinance. As required Q
by law, a referendum petition on the commission's salary schedule must be
8 Establish Independent
Salary Commission
Packet Pg. 56
4.E.a
filed with the city clerk within 30 days from the salary schedule's official
filing date. If a valid referendum petition is filed, the salary increase or
decrease will not go into effect unless approved at the referendum election.
B. The City will submit referendum measures under this section to the
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voters at the next following general or municipal election occurring thirty a
(30) or more days after the petition is filed. Referendum measures will be
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otherwise governed by the provisions of the state Constitution, RCW
35A.11.100, and other laws generally applicable to referendum measures. o
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SECTION 2. - Amendment. Section 2.01.010 of the Kent City Code, 0
entitled 'Compensation of councilmembers," is amended as follows: E
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Sec. 2.01.010. Compensation of council members.
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A. Each city council member shall be paid a monthly salary of $1,174.65
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effective July 3, 2015. The duly elected president of the city council shall be
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paid a monthly salary of $1,238.20 effective July 3, 2015.
A cost of living adjustment (COLA) equal to 2.5 percent of the annual
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wages is to be applied to this salary effective January 1, 2016, and on
January 1st of each subsequent year unless amended by the salary
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commission. If the City's independent salary commission establishes a salary o`
schedule for the City Council, those salaries will take effect at the times, in o
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the amounts, and under the conditions established in the schedule, as N
provided by law and by Ch. 2.65 KCC, and will replace the salaries set forth o
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in KCC 2.01.010(A).
B. Each council member may receive medical insurance coverage
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benefits for himself or herself as is provided to full-time employees of the E
city. Additionally, each council member may, at his or her expense, elect to
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9 Establish Independent
Salary Commission
Packet Pg. 57
4.E.a
obtain medical insurance coverage benefits for his or her family as is
provided pursuant to city policy.
SECTION 3. - Amendment. Section 2.02.010 of the Kent City Code,
entitled "Compensation of Mayor," is amended as follows: �.
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Sec. 2.02.010. Compensation of mayor. The mayor of the city
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shall be paid a monthly salary $11,500 effective July 3, 2015. A cost of living
adjustment (COLA) equal to 2.5 percent of the annual wages is to be applied
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to this salary effective January 1, 2016, and on January 1st of each c
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subsequent year unless amended by the salary commission. If the City's N
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independent salary commission establishes a salary schedule for the Mayor, c
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that salary will take effect at the time, in the amount and under the ?_1
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conditions established by the commission, as provided by law and by Ch. in
2.65 KCC, and will replace the salary set forth in KCC 2.02.010(A)
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In addition to the base salary, the mayor shall be entitled to receive
all benefits associated with full-time employment with the city, as
established by city policy for this position. These benefits may be adjusted
from time to time, on a city-wide basis, in accordance with city policy.
However, adjustments increasing benefits beyond those provided to full-
time employees, and any increases in salary beyond those provided for by 0`
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the independent salary commission in accordance with Ch. 2.65 KCC shall 0
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be by ordinance pursuant to RCW 35A.12.070. E
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SECTION 4. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such N
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decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
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10 Establish Independent
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Packet Pg. 58
4.E.a
SECTION 5. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations. a
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SECTION 6, - Effective Date. This ordinance shall take effect and be
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in force thirty days from and after its passage, as provided by law.
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November 15, 2022 E
DANA RALPH, MAYOR Date Approved E
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November 15, 2022 a
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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November 18, 2022
Date Published M
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APPROVED AS TO FORM: c
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TAMMY WHITE, CITY ATTORNEY N
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11 Establish Independent
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Packet Pg. 59
4.F
INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
\117KENT Kent, WA 98032-5895
W A S ENT
N G T O N 253-856-4600
DATE: November 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: Consultant Services Agreements with Protingent, Inc.,
TEKsystems, Inc., and Affirma, LLC - Authorize
MOTION: I move to authorize the Mayor to sign Consultant Services
Agreements with Protingent Inc., TEKsystems, Inc., and Affirma, LLC., in a
collective amount not to exceed the $2.2 Million budget established for all
Information Technology temporary service contracts through December
31, 2024, subject to final terms and conditions acceptable to the IT
Director and City Attorney.
SUMMARY: The City's Information Technology Department ("IT Department")
contracts with a number of employment agencies to retain temporary workers, on
an as-needed basis, to support many of the City's technology projects and service
needs. From January 1, 2023 through December 31, 2024, the City is seeking to
hold agreements with Protingent Inc., TEKsystems, Inc., Robert Half International,
Inc., and Affirma, LLC.
The City's IT Department seeks Council approval to enter into new contracts with
said agencies so long as the costs associated with those contracts can be paid for
within budgets established and authorized by Council for the 2023 and 2024
biennium in an amount not to exceed $2,200,000.00.
The City will pay the Consultant, based on time and materials, for services provided
under the term of this agreement. IT will monitor fees charged in relation to this
collective budgeted amount to ensure the amounts paid to all employment agencies
for temporary workers does not exceed the budgeted amounts approved by
Council.
BUDGET IMPACT:
Description Cost Impact
2023 and 2024 Operating and Capital Budget $2,200,000.00
ATTACHMENTS:
1. City of Kent - Consultant Services MSA - Protingent (PDF)
2. City of Kent - Consultant Services MSA - TEKsystems (PDF)
3. City of Kent - Consultant Services MSA - Affirma (PDF)
Packet Pg. 60
4.F.a
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4
KENT
W A s H 0
T O N
CONSULTANT SERVICES AGREEMENT
between the City of Kent and o
Protingent, Inc. a
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Protingent, Inc., authorized to conduct business in Washington, and located and doing
business at 11235 SE 6t" Street, Suite 220, Bellevue, WA 98004 (hereinafter the "Consultant").
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I. DESCRIPTION OF WORK. Consultant shall perform the following Services for the City in at
accordance with the following described plans and/or specifications:
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Supplemental staffing and recruiting services on a time and material basis, under the technical E
direction and supervision of City, and talent acquisition and executive search services on an a
on-call, as-needed basis as determined by the City ("Services"). The specifics of the services a
provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that
attached and incorporated as Exhibit C, which will confirm details of the assignment of
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 cn
parties. c
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Consultant represents and warrants that the Services furnished under this Agreement will be ro-
performed in a good and 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 M
qualified, experienced, and technically trained and shall perform the services in a reasonably cost-efficient ,
manner. For any breach of this warranty, Consultant shall not charge the City for the first forty (40) hours
worked by Consultant's Assigned Individual for the unsatisfactory services. c
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Contractor represents and warrants that it has the personnel, expertise and corporate infrastructure a
available to support the design, delivery, and implementation of each deliverable and meet any milestones Q
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.
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II. TIME OF COMPLETION. This Agreement will become effective on the date it is fully signed cc
by the parties and will continue through 12/31/2024 ("Initial Term"). The parties agree that work will begin )
on the tasks described in Section I above immediately upon the effective date of this Agreement. The parties or-
may agree to extend this Agreement for successive one (1) year terms, which extensions will be authorized v
through an Amendment to this Agreement ("Renewal Term").
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III. COMPENSATION. w
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A. The City shall pay the Consultant, based on time and materials for Services provided under v
this Agreement during its Initial Term and each Renewal Term exercised by the City and c
agreed upon by the Consultant. The Kent City Council has established an overall budget of E
$2,200,000.00 for a// temporary staffing and placement of IT professionals provided by E
Consultant, and others retained by the City to provide similar work, through the year 2024,
and City staff is not authorized to approve any work beyond that budgeted amount. The City a
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000)
Packet Pg. 61
4.F.a
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 N
provided for in this Agreement. o
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Consultant acknowledges and understands that it is not the City's exclusive provider of these Q
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.
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The Consultant's billing rates will be negotiated at the time an Assigned Individual is assigned o
and that agreed billing rate will be provided for on the Assigned Individual's timesheet. If a
applicable, overtime will be billed at 1.5 times that rate. The temporary worker Consultant
assigns to perform work under this Agreement ("Assigned Individual") will submit either an 3
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electronic time record or a time sheet for City's verification and approval at the end of each
week.The signing of a weekly timesheet by an authorized City representative shall constitute E
acceptance of the hours claimed to have been performed.
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B. The Consultant shall submit weekly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide 0
payment within thirty (30) days of receipt of an invoice. 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 (on'
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. c
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IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- v
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in ;°
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its work as
a recruiting firm, the City being interested only in the results obtained under this Agreement. c
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B. The Consultant maintains and pays for its own place of business from which Consultant's a
placement services under this Agreement will be performed. Q
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. cn
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D. The Consultant is responsible for filing as they become due all necessary tax documents with +°
appropriate federal and state agencies, including the Internal Revenue Service and the state
Department of Revenue. 0
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 Y
and has obtained a Unified Business Identifier (UBI) number from the State of Washington if c
applicable to Consultant.
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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 a
assigns all copyrights therein to the City effective as of the date(s) such materials had been created.
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 62
4.F.a
Consultant agrees to sign and deliver any documentation that may be reasonably required by the
City to effectuate the foregoing assignment. Consultant shall at all times protect City's property from
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 N
negligent, reckless, or willful misconduct of Consultant or its Assigned Individual. Consultant shall treat as 'o
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 Q
network.
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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. a
agents, representatives and/or subcontractors of Consultant, including the Assigned Individual, have access c
to City passwords, accounts, records or data files without prior written approval from the City. For security o
purposes, Assigned Individuals shall be subject to all lawful background investigations, including without a
limitation criminal conviction background 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 3
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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. E
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VII. PROJECT TEAM. a
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A. Assignment of Assigned Individual to Project Team. Consultant understands that the U
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: cn
Consultant will not transfer or reassign such Assigned Individual without the express written agreement of r-
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 c
City reserves the right to request reassignment of any Assigned Individuals if the City, in good faith, believes 0
such individual does not meet performance/qualification standards established by the City. Consultant ..
guarantees the City's satisfaction with the 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. c
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B. Right of City to Reject Assigned Individual. City shall have the right to reject any a
Assigned Individual whose qualifications or performance in the City's good faith and reasonable judgment a
does not meet the standards established by City as necessary for the performance of the services or does
not meet prescribed IT department policy, standards, procedures and guidelines, 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 cn
days from the date of the meeting unless otherwise agreed upon in writing. c
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VIII. TERMINATION. Either party may terminate this Agreement, with or without cause, upon u)
providing the other party thirty (30) days written notice at its address set forth on the signature block of v
this Agreement. After termination, the City may take possession of all records and data within the ,
Consultant's possession pertaining to this project, which may be used by the City without restriction.
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IX. DISCRIMINATION. In the hiring of employees for the performance of work under this o
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 0
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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CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 63
4.F.a
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 of the Services under this Agreement, except for that portion of the injuries and N
damages caused by the City's negligence, gross negligence, or willful misconduct. o
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The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds Q
to avoid any of these covenants of indemnification.
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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, c
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, o
and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's a
negligence.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL E
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. a
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In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made U
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then (on)
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. c
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Other than when necessary for Consultant to fulfill its indemnification responsibilities with respect to v
third parties, under no circumstances shall either party be directly liable to the other for indirect, ;°
consequential, or punitive damages whether arising in contract, tort or otherwise.
The provisions of this section shall survive the expiration or termination of this Agreement.
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XI. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, o
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. a
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XII. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to Consultant for the purpose of completion of the work under
this Agreement.
XIII. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, in
designs, reports, or any other records developed or created by the Assigned Individual under this Agreement
shall belong to and become the property of the City. The Consultant acknowledges that the City is a public co
agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As U
such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations ro-
under the Public Records Act. .
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XIV. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with Y
the authority to control and direct the performance and details of Consultant's work as a recruiting firm c
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 satisfactory completion. City shall provide
the Assigned Individual providing services to City with day-to-day oversight and direction.
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XV. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. The City agrees E
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 performance of any contract a
work off-site and shall utilize all protection necessary for that purpose. All off-site work shall be done at
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 64
4.F.a
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's Assigned 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, N
software development or the acquisition of hardware or software; (iv) to make any management decisions; o
(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 Q
owned or licensed by the Assigned Individual; or (vii) to operate machinery (other than office machines) or
automotive equipment.
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XVI. MISCELLANEOUS PROVISIONS. a0i
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its o
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference a
may be available for any designated recycled product.
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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 E
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those 6"
covenants, agreements or options, and the same shall be and remain in full force and effect.
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C. Resolution of Disputes and Governing. This Agreement shall be governed by and U
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 can'
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 0
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or ..
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's ;°
right to indemnification under Section X of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at a
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written c
notice hereunder shall become effective three (3) business days after the date of mailing by registered or o
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this a
Agreement or such other address as may be hereafter specified in writing. Q
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. cn
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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. U
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any v
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 Y
or altering in any manner this Agreement. All of the above documents are hereby made a part of this c
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. L)
H. Compliance with Laws. The Consultant agrees to comply with all applicable federal, 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. a
CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 65
4.F.a
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the N
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties 'o
and obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number c
of counterparts, each of which shall constitute an original, and all of which will together constitute this one o
Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the a
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. 3
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L. Background Checks. If City requires Consultant to perform background checks or other E
placement screenings of Consultant's Assigned Individuals, City agrees to notify Consultant prior to the start a
of services under this Agreement. Consultant will conduct such checks or screenings only if they are a
described in a signed, written amendment to this Agreement. If City requests a summary copy of the results v,
of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such summary results
strictly confidential and to use such results in accordance with applicable laws and solely for employment
purposes. cn
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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 v
procedures and practices to protect such information from unauthorized access, use, modification or
disclosure, unless disclosure is required by law. ;°
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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 c
in or promote the solicitation of any Assigned Individual to leave the employ of Consultant, or hire or engage o
any Assigned Individual who has not completed a minimum of six (6) months of continuous assignment to a
the City under this Agreement. However, if any Assigned Individual has been assigned to the City for at Q
least six (6) months, then City may employ or otherwise professionally engage that Assigned Individual u)
without any financial compensation or liquidated damages owed to Consultant.
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CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. 66
4.F.a
O. Remote Work. The City may authorize an Assigned Individual to work remotely off-site, away
from a City location. City is aware that the remote work location is not a Consultant location and is not a
site managed by Consultant. In such event, City shall provide the Assigned Individual with hardware (if N
applicable), software, and network connectivity (such as a secure Virtual Private Network) to perform the =
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Services remotely and shall be responsible for ensuring any City-provided hardware, software, and network
meet City security obligations and measures. At no time will Consultant or its Assigned Individual be storing Q
City's data on Consultant's equipment.
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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 c
to have applied. 0-
CONSULTANT: CITY:
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xxx City of Kent
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By: By: °1
(signature) (signature) Q
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Print Name: Print Name: Dana Ralph a)
Its Its Mayor
(title)
DATE: DATE:
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ATTEST: o
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Kent City Clerk ,
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APPROVED AS TO FORM: o
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Kent Law Department v,
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
xxx: CITY OF KENT: c
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Address ITA@kentwa.gov
xxx: City of Kent c
220 Fourth Avenue South Y
( ) (telephone) Kent, WA 98032 0
( ) (facsimile)
(253) 856-4600 (telephone)
(253) 856-4700 (facsimile) c
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CONSULTANT SERVICES AGREEMENT - 7
(Over$20,000) Packet Pg. 67
4.F.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As
such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to Q
this Agreement shall comply with the regulations of the City's equal employment opportunity policies.
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The City of Kent and its contractors are subject to and will comply with the following:
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), c
(prohibits discrimination on the basis of race, color, national origin); o
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• 49 C.F.R. Part 21 (entitled Non-discrimination in Federally Assisted Programs Of The
Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); 3
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title E
VI of the Civil Rights Act of 1964).
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• Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". in
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The following statements specifically identify the requirements the City deems necessary for any contractor,
subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is
required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully 0
misrepresents themselves with regard to the directives outlined below, 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 statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2. o
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2. During the time of this Agreement, I will not discriminate in employment on the basis of sex, race, Q
color, national origin, age, or the presence of all sensory, mental or physical disability. (n
3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion c
of women and minorities.
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5. During the performance of this contract, the contractor, for itself, its assignees, and successors in 0
interest (hereinafter referred to as the "contractor") agrees as follows: ,
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A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and Y
supplier (hereinafter"Contractor") will comply with all Acts and the Regulations relative to c
non-discrimination, including those applicable to Federally-assisted programs of the U.S.
Department of Transportation, State-assisted programs through the Washington State v
Department of Transportation, and generally under Washington's Law Against +:
Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are E
herein incorporated by reference and made a part of this contract.
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B. Non-discrimination: The contractor, with regard to the work performed by it during the a
contract, will not discriminate on the grounds of race, color, or national origin in the
EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 68
4.F.a
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor will not participate directly or indirectly in the discrimination
prohibited by the Acts and the Regulations, including employment practices when the
contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. N
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C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Q
contractor for work to be performed under a subcontract, including procurements of
materials, or leases of equipment, each potential subcontractor or supplier will be notified
by the contractor of the contractor's obligations under this contract and the Acts and the
Regulations relative to non-discrimination on the grounds of race, color, or national origin.
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D. Information and Reports: The contractor will provide all information and reports required o
by the Acts and Regulations and directives issued pursuant thereto and will permit access to a
its books, records, accounts, other sources of information, and its facilities as may be
determined applicable to contractor's contract by the City or the Washington State 3
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Department of Transportation to be pertinent to ascertain compliance with such Acts and
Regulations and instructions. Where any information required of a contractor is in the E
exclusive possession of another who fails or refuses to furnish the information, the
contractor will so certify to the City or the Washington State Department of Transportation, a
as appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the
non-discrimination provisions of this contract, the City will impose such contract sanctions cn
as it or the Washington State Department of Transportation may determine to be
appropriate, including, but not limited to:
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a. withholding payments to the contractor under the contract until the contractor 0
complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part. ;°
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F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A)
through (F) above in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts and Regulations and directives issued pursuant c
thereto. The contractor will take action with respect to any subcontract or procurement as o
the City or the Washington State Department of Transportation may direct as a means of a
enforcing such provisions including sanctions for noncompliance. Provided, that if the Q
contractor becomes involved in, or is threatened with litigation by a subcontractor, or N
supplier because of such direction, the contractor may request the City to enter into any
litigation to protect the interests of the City. In addition, the contractor may request the c,
United States to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and successors in c
interest agrees to comply with the following non-discrimination statutes and authorities; including +°
but not limited to: u'i
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Pertinent Non-Discrimination Authorities:
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits o
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 L)
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been a
acquired because of Federal or Federal-aid programs and projects); E
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex); a
EEO COMPLIANCE DOCUMENTS - 2
(Over$20,000) Packet Pg. 69
4.F.a
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age); N
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vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, 0
(prohibits discrimination based on race, creed, color, national origin, or sex);
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vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and c
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or activities are Federally .9
funded or not); a
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems, 3
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places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; m
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex); Q
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X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high in
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and adverse human health or environmental effects on minority and low-income populations;
xi. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes c
discrimination because of Limited English proficiency (LEP). To ensure compliance with Title v
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to
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your programs (70 Fed. Reg. at 74087 to 74100); M
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) S
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8. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding a
statements were complied with during the course of the contract's performance. N
By signing below, I agree to fulfill the five requirements referenced above. a
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By:
For:
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Title: 0
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Date: c
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EEO COMPLIANCE DOCUMENTS - 3
(Over$20,000) Packet Pg. 70
4.F.a
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
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APPROVED BY Dana Ralph, Mayor o
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POLICY:
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Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will
conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City E
must guarantee equal employment opportunity within their organization and, if holding Agreements with ;v
the City amounting to $10,000 or more within any given year, must take the following affirmative steps: a
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1. Provide a written statement to all new employees and subcontractors indicating commitment as an .2
equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City,
regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy 0
Declaration, prior to commencing performance.
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Lo 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.
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works o
Departments to coordinate with the City's Title VI coordinator and perform the following duties for their a
respective departments. Q
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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.
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 4
(Over$20,000) Packet Pg. 71
4.F.a
KENT a�
" 9ry...... Exhibit A ^'
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Number: ITP 3-01 Effective Date: '
Subject: Information Technology Supersedes: Previous IT Personnel c
Personnel Policy Policies r
Approved:
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1. Purpose
This document describes personnel policies that are specific to IT staff members. City of Kent HR 3
personnel policies are predominant on details that are not addressed on this policy.
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2. Scope
This policy applies to all IT staff members for whom there are specific department rules not specified in a
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 N
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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, N
then those employees will be governed by this policy. c
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2.2.Authority
This policy is written by the Information Technology (IT) Department, under the authority of the IT M
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. c
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2.3. References Q
City of Kent Personnel Policies N
New IT Employee Cheat Sheet
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3. Policy
3.1. Daily Operations cn
3.1.1. Core Hours
Unless covered by collective bargaining agreements, vendor contracts, or otherwise authorized by S
the IT Director, manager and/or supervisor and documented within a personnel file, all IT c
department personnel must adhere to core working hours, which are 8:00 AM to 5:00 PM Monday v
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 Y
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message, call, email). 0
3.1.2. Flexible Working Hours v
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 E
supervisor, IT management, or Human Resources Director based on the department's needs and
its ability to accommodate the alternative schedule. a
INFORMATION TECHNOLOGY PERSONNEL POLICY- 1
Exhibit A Packet Pg. 72
4.F.a
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 N
instituted to ensure proper accountability. o
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3.1.4. Overtime Q
Any request for overtime hours/work needs to first be approved by an employee's manager or U
supervisor. Approval must be sought by the employee and provided by the supervisor or manager S
in writing (email, captured text message, etc.) prior to the overtime work being performed.
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Managers, supervisors and employees are expected to keep copies of the "in-writing" approvals of o
overtime for audit, timekeeping, time-entry, and historical purposes. a
3.1.5. Vacation Requests 3
Requests for vacation time need to be approved in advance by an employee's manager or c
supervisor. Approval must be sought by the employee and provided by the supervisor or manager E
in the JDE system prior to the vacation being taken.
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Managers and supervisors are responsible for maintaining adequate levels of service and therefore
reserve the right to decline vacation requests if needed.
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3.1.6. Holiday Observance N
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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. c
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3.2. Supplies and Assets
Employees shall be provided with the tools required to perform their job duties as specified on their M
job description, as well as additional tools at the discretion of the IT Director, manager, or supervisor.
4. Standards c
4.1. Performance a�
The IT Department focuses on delivering services to the City. To provide a reliable, high-quality level c
of service, IT employees may occasionally be assigned with activities beyond those explicitly stated in a
job descriptions, contracts, or statements of work. Such activities are defined and delegated at the Q
discretion and interpretation of the IT Director, manager, or supervisor. U)
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. =
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Any appointments that contain sensitive or personal information can be marked as "private" by the 0
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user.
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5. Revision History Y
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Date Revision Supersedes Summary of Changes0
11/29/2018 1.0 - Initial creation U
1/28/2019 1.1 1.0 Added Collective Bargaining Agreements paragraph r_
5/16/2019 1.2 1.1 Approved by IT Management Team E
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 2
Exhibit A Packet Pg. 73
4.F.a
6. Inquiries
Direct inquiries about this policy to:
Information Technology Department
City of Kent N
220 Fourth Ave S o
Kent, WA 98032
Voice: 253-856-4601 Q
E-mail: ServiceDesk@kentwa.gov
http://servicedesk/
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 3
Exhibit A Packet Pg. 74
4.F.a
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
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Insurance 0
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The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for Q
injuries to persons or damage to property which may arise from or in connection with the performance of J
the work hereunder by the Consultant, their agents, representatives, employees or subcontractors.
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A. Minimum Scope of Insurance a�
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Consultant shall obtain insurance of the types described below: °
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1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall 3
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.
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Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall
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be included as an Additional Insured under the Consultant's Commercial General Liability insurance policy Q
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.
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2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of r
Washington. c
B. Minimum Amounts of Insurance c
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Consultant shall maintain the following insurance limits:
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1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of $1,000,000 per occurrence.
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2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each S
occurrence, $2,000,000 general aggregate. °
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C. Other Insurance Provisions Q
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
Liability and Commercial General Liability insurance:
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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.
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2. The Consultant agrees to provide at least 30 days' notice to the City in the event Consultant's insurance v
coverage is being cancelled or substantially modified (e.g., a new carrier). ,
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3. The City of Kent shall be included as an additional insured on all policies (except Professional Liability) Y
as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming c
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 L)
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 a
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Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
Packet Pg. 75
4.F.a
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 N
requirements of the Consultant before commencement of the work. o
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F. Subcontractors '
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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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Packet Pg. 76
4.F.a
EXHIBIT C
Job Arrangement Letter
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Date
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CONTACT NAME Job Order Number: Job Order # r
COMPANY NAME
STREET ADDRESS 1 c
STREET ADDRESS 2 OR CITY, ST ZIP o
CITY, ST ZIP OR SPACE IF NOT REQUIRED
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Dear Contact First Name,
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Thank you for selecting xxx [OR OTHER APPLICABLE DIVISION] to meet your staffing needs.
Candidate Name is scheduled to start with Company Name as a Functional Role on
As agreed, we will invoice your firm at the rate of $ per hour. If applicable, overtime will be
billed at 1.50 times such rate. Federal law defines overtime as hours in excess of 40 hours per week, N
state laws may vary. Applicable sales and service taxes shall be added to all invoices. Our c
professional will submit either a time sheet or an electronic time record for verification and approval U
at the end of each week. Your approval thereby will indicate your acceptance of the terms herein.
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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 xxx and ,
Company Name have 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. o
We look forward to working with you. a
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Sincerely,
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Street Address 1
Street Address 2 or City, St Zip
City, ST Zip or Space if not Required
(800) 111-2222 G
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Packet Pg. 77
4.F.b
KENT
W A s H 0
T O N
CONSULTANT SERVICES AGREEMENT N
between the City of Kent and o
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TEKsystems, Inc. '
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THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and TEKsystems, Inc., a Maryland corporation authorized to conduct business in Washington,
and located and doing business at 7437 Race Road, Hanover, MD 21076 (hereinafter the "Consultant"). 9
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I. DESCRIPTION OF WORK. Consultant shall perform the following Services for the City in a.
accordance with the following described plans and/or specifications: 3
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Supplemental staffing and recruiting services on a time and material basis, under the technical E
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 a
provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that
attached and incorporated as Exhibit C, which will confirm details of the assignment of
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 N
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parties.
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Consultant represents and warrants that the Services furnished under this Agreement will be v
performed in a good and 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 any breach of this warranty, Consultant shall not charge the City for the first forty (40) hours
worked by Consultant's Assigned Individual for the unsatisfactory services.
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Contractor represents and warrants that it has the personnel, expertise and corporate infrastructure Lu
available to support the design, delivery, and implementation of each deliverable and meet any milestones
and/or deadlines imposed by this Agreement, as well as performing the Services described herein in accordance N
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 •2
interpersonal—meet the City's needs and desires.
II. TIME OF COMPLETION. This Agreement will become effective on the date it is fully signed c
by the parties and will continue through 12/31/2024 ("Initial Term"). The parties agree that work will begin N
on the tasks described in Section I above immediately upon the effective date of this Agreement. The parties o
may agree to extend this Agreement for successive one (1) year terms, which extensions will be authorized 0
through an Amendment to this Agreement ("Renewal Term"). '
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III. COMPENSATION. Y
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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 v
agreed upon by the Consultant. The Kent City Council has established an overall budget of
$2,200,000.00 for a// temporary staffing and placement of IT professionals provided by E
Consultant, and others retained by the City to provide similar work, through the year 2024,
and City staff is not authorized to approve any work beyond that budgeted amount. The City a
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000)
Packet Pg. 78
4.F.b
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 N
provided for in this Agreement. 0
Consultant acknowledges and understands that it is not the City's exclusive provider of these Q
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 5
these services through other sources. This Agreement is for on-call and as-needed services, c
the need for which is determined in the City's sole judgment and discretion. a,
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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 a.
applicable, overtime will be billed at 1.5 times that rate. The temporary worker Consultant 3
assigns to perform work under this Agreement ("Assigned Individual") will submit either an c
electronic time record or a time sheet for City's verification and approval at the end of each
week.The signing of a weekly timesheet by an authorized City representative shall constitute
acceptance of the hours claimed to have been performed.
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B. The Consultant shall submit weekly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide U
payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion in
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 a
by the parties. In that event, the parties will immediately make every effort to settle the N
disputed portion. c
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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 Cl)
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its work as a�Ei
a recruiting firm, the City being interested only in the results obtained under this Agreement.
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B. The Consultant maintains and pays for its own place of business from which Consultant's LU
placement services under this Agreement will be performed.
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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, •2
profession, or business of the same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax documents with c
appropriate federal and state agencies, including the Internal Revenue Service and the state N
Department of Revenue. o
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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
and has obtained a Unified Business Identifier (UBI) number from the State of Washington if 4-
applicable to Consultant. G
F. The Consultant maintains a set of books dedicated to the expenses and earnings of its v
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business.
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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 a
assigns all copyrights therein to the City effective as of the date(s) such materials had been created.
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 79
4.F.b
Consultant agrees to sign and deliver any documentation that may be reasonably required by the
City to effectuate the foregoing assignment. Consultant shall at all times protect City's property from
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 .N
negligent, reckless, or willful misconduct of Consultant or its Assigned Individual. Consultant shall treat as 0
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 Q
network.
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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 r
to City passwords, accounts, records or data files without prior written approval from the City. For security a
purposes, Assigned Individuals shall be subject to all lawful background investigations, including without
limitation criminal conviction background investigations, as may be reasonably required by the City. At the 3
direction of City, Consultant shall do all things necessary or appropriate to facilitate the background checks c
including but not limited to obtaining permissions or written waivers from the Assigned Individual, and/or E
contracting with a third party to perform the background checks per City's specifications. a)
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VII. PROJECT TEAM. a
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A. Assignment of Assigned Individual to Project Team. Consultant understands that the
Assigned Individual works as part of the City's project team, and as such, once assigned, the Assigned cn
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 a
City; and should such Assigned Individual no longer be employed during the term of this Agreement by N
Consultant for whatever reason, City shall have the right to request a specific replacement. In addition, the c
City reserves the right to request reassignment of any Assigned Individuals if the City, in good faith, believes v
such individual does not meet performance/qualification standards established by the City. Consultant
guarantees the City's satisfaction with the services provided by the Assigned Individual by extending a one- M
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.
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B. Right of City to Reject Assigned Individual. City shall have the right to reject any LU
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 services or does N
not meet prescribed IT department policy, standards, procedures and guidelines, 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 N
providing the other party thirty (30) days written notice at its address set forth on the signature block of o
this Agreement. After termination, the City may take possession of all records and data within the 00
Consultant's possession pertaining to this project, which may be used by the City without restriction.
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IX. DISCRIMINATION. In the hiring of employees for the performance of work under this Y
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the G
Consultant or subcontractor shall not b reason of race religion, color, sex age, sexual orientation national
Y � 9• � � � 9 � �
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who v..
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 E
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
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CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 80
4.F.b
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 of the Services under this Agreement, except for that portion of the injuries and .N
damages caused by the City's negligence, gross negligence, or willful misconduct. 0
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds Q
to avoid any of these covenants of indemnification. U
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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 a,
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, r
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, °
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and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence. 3
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL a,
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
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FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. a
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In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made •2
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having w
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then r
Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and a
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Consultant's part. c
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Other than when necessary for Consultant to fulfill its indemnification responsibilities with respect to
third parties, under no circumstances shall either party be directly liable to the other for indirect, M
consequential, or punitive damages whether arising in contract, tort or otherwise.
The provisions of this section shall survive the expiration or termination of this Agreement.
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XI. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, Y
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. LU
XII. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable N
accuracy of any information supplied by it 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 under this 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 N
such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations o
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 work as a recruiting firm 4-
authorized under this Agreement, the Assigned Individual's work must meet the approval of the City and G
shall be subject to the City's general right of inspection to secure satisfactory completion. City shall provide
the Assigned Individual providing services to City with day-to-day oversight and direction. v
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XV. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. The City agrees E
that it will provide safe on-site working conditions. Consultant shall take all necessary precautions and shall 5
be responsible for the safety of its employees, agents, and subcontractors in the performance of any contract a
work off-site and shall utilize all protection necessary for that purpose. All off-site work shall be done at
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 81
4.F.b
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's Assigned 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, N
software development or the acquisition of hardware or software; (iv) to make any management decisions; o
(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 Q
owned or licensed by the Assigned Individual; or (vii) to operate machinery (other than office machines) or
automotive equipment. 5
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XVI. MISCELLANEOUS PROVISIONS.
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its a
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product. 3
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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. Q
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C. Resolution of Disputes and Governing. 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 as
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 c�a
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in N
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the c
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred ci
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section X of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or Y
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this LU
Agreement or such other address as may be hereafter specified in writing.
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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. as
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement c
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. N
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any v
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 Y
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Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any G
language contained in this Agreement, the terms of this Agreement shall prevail.
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H. Compliance with Laws. The Consultant agrees to comply with all applicable federal, state, and
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municipal laws, rules, and regulations that are now effective or in the future become applicable to E
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or 5
accruing out of the performance of those operations. a
CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 82
4.F.b
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the N
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.
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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 5
Kent City Code.
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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number S
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of counterparts, each of which shall constitute an original, and all of which will together constitute this one a
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 3
the original signature was received in person.
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L. Background Checks. If City requires Consultant to perform background checks or other E
placement screenings of Consultant's Assigned Individuals, City agrees to notify Consultant prior to the start
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of services under this Agreement. Consultant will conduct such checks or screenings only if they are Q
described in a signed, written amendment to this Agreement. If City requests a summary copy of the results a
of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such summary results U
strictly confidential and to use such results in accordance with applicable laws and solely for employment in
purposes.
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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 c
protected personal information, and the City agrees to implement and maintain reasonable security v
procedures and practices to protect such information from unauthorized access, use, modification or
disclosure, unless disclosure is required by law. ice,,
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N. Conversion of Assigned Individual to City Employee. City may not directly or indirectly, for N
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 Y
any Assigned Individual who has not completed a minimum of six (6) months of continuous assignment to Lu
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 N
without any financial compensation or liquidated damages owed to Consultant.
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CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. 83
4.F.b
O. Remote Work. The City may authorize an Assigned Individual to work remotely off-site, away
from a City location. City is aware that the remote work location is not a Consultant location and is not a
site managed by Consultant. In such event, City shall provide the Assigned Individual with hardware (if N
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 City security obligations and measures. At no time will Consultant or its Assigned Individual be storing Q
City's data on Consultant's equipment.
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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 r
to have applied. °
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CONSULTANT: CITY: 3
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xxx City of Kent
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By. By. Q
(signature) (signature)
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Print Name: Print Name: Dana Ralph
Its Its Mayor
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DATE: DATE:
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ATTEST: U
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Kent City Clerk
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APPROVED AS TO FORM: Y
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Kent Law Department
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
xxx: CITY OF KENT: u3i
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Address ITA@kentwa.gov
xxx: City of Kent
220 Fourth Avenue South Y
( ) (telephone) Kent, WA 98032 c
( ) (facsimile)
(253) 856-4600 (telephone) v
(253) 856-4700 (facsimile)
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CONSULTANT SERVICES AGREEMENT - 7
(Over$20,000) Packet Pg. 84
4.F.b
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As
such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to Q
this Agreement shall comply with the regulations of the City's equal employment opportunity policies.
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The City of Kent and its contractors are subject to and will comply with the following:
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), S
(prohibits discrimination on the basis of race, color, national origin); a
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• 49 C.F.R. Part 21 (entitled Non-discrimination in Federally Assisted Programs Of The 3
Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964).
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• Ch. 49.60 RCW (Washington Law Against Discrimination) m
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". r
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The following statements specifically identify the requirements the City deems necessary for any contractor, N
subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is c
required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully U)
misrepresents themselves with regard to the directives outlined below, 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 statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2. Y
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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. N
3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion
of women and minorities. is
5. During the performance of this contract, the contractor, for itself, its assignees, and successors in o
interest (hereinafter referred to as the "contractor") agrees as follows: v
A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and
supplier (hereinafter"Contractor") will comply with all Acts and the Regulations relative to Y
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non-discrimination, including those applicable to Federally-assisted programs of the U.S. O
Department of Transportation, State-assisted programs through the Washington State
Department of Transportation, and generally under Washington's Law Against v
Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are
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herein incorporated by reference and made a part of this contract. E
B. Non-discrimination: The contractor, with regard to the work performed by it during the a
contract, will not discriminate on the grounds of race, color, or national origin in the
EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 85
4.F.b
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor will not participate directly or indirectly in the discrimination
prohibited by the Acts and the Regulations, including employment practices when the
contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. N
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C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Q
contractor for work to be performed under a subcontract, including procurements of
materials, or leases of equipment, each potential subcontractor or supplier will be notified 5
by the contractor of the contractor's obligations under this contract and the Acts and the
Regulations relative to non-discrimination on the grounds of race, color, or national origin. a,
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D. Information and Reports: The contractor will provide all information and reports required a
by the Acts and Regulations and directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be 3
determined applicable to contractor's contract by the City or the Washington State
Department of Transportation to be pertinent to ascertain compliance with such Acts and
Regulations and instructions. Where any information required of a contractor is in the a,
exclusive possession of another who fails or refuses to furnish the information, the
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contractor will so certify to the City or the Washington State Department of Transportation, a
as appropriate, and will set forth what efforts it has made to obtain the information. m
E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the cn
non-discrimination provisions of this contract, the City will impose such contract sanctions
as it or the Washington State Department of Transportation may determine to be a
appropriate, including, but not limited to: N
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a. withholding payments to the contractor under the contract until the contractor U
complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part. Cl
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F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) E
through (F) above in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts and Regulations and directives issued pursuant
thereto. The contractor will take action with respect to any subcontract or procurement as Y
the City or the Washington State Department of Transportation may direct as a means of LU
enforcing such provisions including sanctions for noncompliance. Provided, that if the
contractor becomes involved in, or is threatened with litigation by a subcontractor, or N
supplier because of such direction, the contractor may request the City to enter into any
litigation to protect the interests of the City. In addition, the contractor may request the
United States to enter into the litigation to protect the interests of the United States.
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6. During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including m
but not limited to:
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Pertinent Non-Discrimination Authorities:
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits Y
discrimination on the basis of race, color, national origin); and 49 CFR Part 21. 0
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 v
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
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iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
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EEO COMPLIANCE DOCUMENTS - 2
(Over$20,000) Packet Pg. 86
4.F.b
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits as
discrimination on the basis of age); o
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex); Q
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and c
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or activities are Federally c
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funded or not); a
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) a
(prohibits discrimination on the basis of race, color, national origin, and sex); v,
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X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority .2
Populations and Low-Income Populations, which ensures Non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income populations;
xi. Executive Order 13166, Improving Access to Services for Persons with Limited English N
Proficiency, and resulting agency guidance, national origin discrimination includes v
discrimination because of Limited English proficiency (LEP). To ensure compliance with Title ..
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to M
your programs (70 Fed. Reg. at 74087 to 74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
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8. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding
statements were complied with during the course of the contract's performance. a
By signing below, I agree to fulfill the five requirements referenced above.
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By: Un
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Date:
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EEO COMPLIANCE DOCUMENTS - 3
(Over$20,000) Packet Pg. 87
4.F.b
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
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APPROVED BY Dana Ralph, Mayor °
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POLICY: 3
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Equal employment opportunity and non-discrimination in contracting 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: Q
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1. Provide a written statement to all new employees and subcontractors indicating commitment as an
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equal opportunity employer. in
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2. Actively consider for promotion and advancement available minorities and women.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, c
regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy v
Declaration, prior to commencing performance.
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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.
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Y
Departments to coordinate with the City's Title VI coordinator and perform the following duties for their Lu
respective departments. a
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
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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 - 4
(Over$20,000) Packet Pg. 88
4.F.b
KENT N
" 9ry...... Exhibit A c
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Number: ITP 3-01 Effective Date: U
Subject: Information Technology Supersedes: Previous IT Personnel c
Personnel Policy Policies
Approved: o,
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1. Purpose
This document describes personnel policies that are specific to IT staff members. City of Kent HR 3
personnel policies are predominant on details that are not addressed on this policy.
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2. Scope
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This policy applies to all IT staff members for whom there are specific department rules not specified in a
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, N
then those employees will be governed by this policy. 0
2.2.AuthorityLO
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 E
construction, validity and interpretation of this policy. Any exceptions to this policy must be approved
in advance by the City IT Director. Y
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2.3. References ~
City of Kent Personnel Policies N
New IT Employee Cheat Sheet
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3. Policy
3.1. Daily Operations m
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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 personnel file, all IT N
department personnel must adhere to core working hours, which are 8:00 AM to 5:00 PM Monday o
through Friday. v
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
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message, call, email). -
3.1.2. Flexible Working Hours U
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 E
supervisor, IT management, or Human Resources Director based on the department's needs and
its ability to accommodate the alternative schedule.
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 1
Exhibit A Packet Pg. 89
4.F.b
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. 0
3.1.4. Overtime Q
Any request for overtime hours/work needs to first be approved by an employee's manager or c
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.
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Managers, supervisors and employees are expected to keep copies of the "in-writing" approvals of o
overtime for audit, timekeeping, time-entry, and historical purposes. a
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3.1.5. Vacation Requests 3
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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 E
in the JDE system prior to the vacation being taken.
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Managers and supervisors are responsible for maintaining adequate levels of service and therefore
reserve the right to decline vacation requests if needed.
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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 N
office notices. 0
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3.2. Supplies and Assets
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Employees shall be provided with the tools required to perform their job duties as specified on their M
job description, as well as additional tools at the discretion of the IT Director, manager, or supervisor. N
4. Standards E
4.1. Performance
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The IT Department focuses on delivering services to the City. To provide a reliable, high-quality level Y
of service, IT employees may occasionally be assigned with activities beyond those explicitly stated in w
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. N
4.2.Calendar Usage
All IT employees must grant read-only access to their Outlook calendars to all IT divisions. This allows 2
other users to optimally plan out their meetings, improves communication and efficiency, and saves cn
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 o
user. v
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5. Revision History Y
Date Revision Supersedesof Changes4-
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11/29/2018 1.0 - Initial creation v
1/28/2019 1.1 1.0 Added Collective Bargaining Agreements paragraph c
5/16/2019 1.2 1.1 Approved by IT Management Team
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 2
Exhibit A Packet Pg. 90
4.F.b
6. Inquiries
Direct inquiries about this policy to:
Information Technology Department
City of Kent ^'
220 Fourth Ave S °
Kent, WA 98032 Q
Voice: 253-856-4601
E-mail: ServiceDesk@kentwa.gov
http://servicedesk/ —
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 3
Exhibit A Packet Pg. 91
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS N
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Insurance
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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.
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A. Minimum Scope of Insurance
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Consultant shall obtain insurance of the types described below: a.
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1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall 3
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. E
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Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall a
be included as 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.
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2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Minimum Amounts of Insurance c
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Consultant shall maintain the following insurance limits:
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1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of $1,000,000 per occurrence. E
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2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each y
occurrence, $2,000,000 general aggregate. w
C. Other Insurance Provisions a
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
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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 o
coverage is being cancelled or substantially modified (e.g., a new carrier).
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3. The City of Kent shall be included as an additional insured on all policies (except Professional Liability) u,
as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming 4-
the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the 0
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 v
against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.
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D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. a
Packet Pg. 92
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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 N
requirements of the Consultant before commencement of the work. 0
F. Subcontractors Q
Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates 5
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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Packet Pg. 93
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EXHIBIT C
Job Arrangement Letter N
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Date
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CONTACT NAME Job Order Number: Job Order #
COMPANY NAME
STREET ADDRESS 1 r
STREET ADDRESS 2 OR CITY, ST ZIP a
CITY, ST ZIP OR SPACE IF NOT REQUIRED
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Dear Contact First Name,
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Thank you for selecting xxx [OR OTHER APPLICABLE DIVISION] to meet your staffing needs. •2
Candidate Name is scheduled to start with Company Name as a Functional Role on N
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As agreed, we will invoice your firm at the rate of $ per hour. If applicable, overtime will be
billed at 1.50 times such rate. Federal law defines overtime as hours in excess of 40 hours per week, N
state laws may vary. Applicable sales and service taxes shall be added to all invoices. Our 0
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. M
Our accounting and operational procedures require you receive this document. This standard M
document will be sent with each Job Order you place with xxx. We acknowledge that xxx and
Company Name have a signed agreement. The terms of the signed agreement, along with the terms °J
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. Y
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We look forward to working with you.
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Sincerely, N
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xxx y
Street Address 1 co
Street Address 2 or City, St Zip c
City, ST Zip or Space if not Required
(800) 111-2222 0
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Packet Pg. 94
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KENT
W A s H N G T O N
CONSULTANT SERVICES AGREEMENT
between the City of Kent and N
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Affirma, LLC a
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
at 3380 1461" PI SE #100, Bellevue, WA 98007 (hereinafter the "Consultant").
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I. DESCRIPTION OF WORK. Consultant shall perform the following Services for the City in o
accordance with the following described plans and/or specifications: a.
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Supplemental staffing and recruiting services on a time and material basis, under the technical m
direction and supervision of City, and talent acquisition and executive search services on an E
on-call, as-needed basis as determined by the City ("Services"). The specifics of the services c)
provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that a
attached and incorporated as Exhibit C, which will confirm details of the assignment of
Consultant's Assigned Individual as further specified herein. The Job Arrangement Letter
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acknowledges that the assignment is under the terms of a signed agreement between the
parties. N
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Consultant represents and warrants that the Services furnished under this Agreement will be o
performed in a good and workmanlike manner and consistent with generally accepted professional recruiting V
practices within the Puget Sound region in effect at the time those Services are performed. Consultant c0
further represents and warrants that its representatives assigned to perform Services for City shall be fully M
qualified, experienced, and technically trained and shall perform the services in a reasonably cost-efficient
manner. For any breach of this warranty, Consultant shall not charge the City for the first forty (40) hours E
worked by Consultant's Assigned Individual for the unsatisfactory services. E
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Contractor represents and warrants that it has the personnel, expertise and corporate infrastructure
available to support the design, delivery, and implementation of each deliverable and meet any milestones y
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 0)
interpersonal—meet the City's needs and desires.
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II. TIME OF COMPLETION. This Agreement will become effective on the date it is fully signed
by the parties and will continue through 12/31/2024 ("Initial Term"). The parties agree that work will begin o
on the tasks described in Section I above immediately upon the effective date of this Agreement. The parties L)
may agree to extend this Agreement for successive one (1) year terms, which extensions will be authorized
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through an Amendment to this Agreement ("Renewal Term").
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III. COMPENSATION. G
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A. The City shall pay the Consultant, based on time and materials for Services provided under v
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 E
$2,200,000.00 for a// temporary staffing and placement of IT professionals provided by
Consultant, and others retained by the City to provide similar work, through the year 2024, a
and City staff is not authorized to approve any work beyond that budgeted amount. The City
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000)
Packet Pg. 95
4.F.c
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. N
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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 Q
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, 5
the need for which is determined in the City's sole judgment and discretion.
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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 a
applicable, overtime will be billed at 1.5 times that rate. The temporary worker Consultant a.
assigns to perform work under this Agreement ("Assigned Individual") will submit either an 3
electronic time record or a time sheet for City's verification and approval at the end of each
week.The signing of a weekly timesheet by an authorized City representative shall constitute
acceptance of the hours claimed to have been performed.
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B. The Consultant shall submit weekly payment invoices to the City for work performed, and a a
final bill upon completion of all services described in this Agreement. The City shall provide a
payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion U
of an invoice due to billing or invoicing errors, it shall notify the Consultant and reserves the as
option to only pay that portion of the invoice not in dispute until any such dispute is settled N
by the parties. In that event, the parties will immediately make every effort to settle the
disputed portion. w
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IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- ci
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: M
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A. The Consultant has the ability to control and direct the performance and details of its work as E
a recruiting firm, the City being interested only in the results obtained under this Agreement. L
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B. The Consultant maintains and pays for its own place of business from which Consultant's
placement services under this Agreement will be performed. N
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
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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.
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D. The Consultant is responsible for filing as they become due all necessary tax documents with y
appropriate federal and state agencies, including the Internal Revenue Service and the state o
Department of Revenue. L)
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
and has obtained a Unified Business Identifier (UBI) number from the State of Washington if
applicable to Consultant.
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F. The Consultant maintains a set of books dedicated to the expenses and earnings of its
business. E
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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 a
assigns all copyrights therein to the City effective as of the date(s) such materials had been created.
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 96
4.F.c
Consultant agrees to sign and deliver any documentation that may be reasonably required by the
City to effectuate the foregoing assignment. Consultant shall at all times protect City's property from
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 Consultant or its Assigned Individual. Consultant shall treat as N
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. Q
VI. SECURITY. Given the nature of the services provided, Consultant must make every 5
reasonable effort to protect City systems and data from improper access. In no case shall any employees. c
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 a
limitation criminal conviction background 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 3
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.
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VII. PROJECT TEAM. c�
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A. Assignment of Assigned Individual to Project Team. Consultant understands that the
Assigned Individual works as part of the City's project team, and as such, once assigned, the Assigned •2
Individual is essential to the services offered pursuant to this Agreement. Therefore, the parties agree that: in
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 w
City reserves the right to request reassignment of any Assigned Individuals if the City, in good faith, believes o
such individual does not meet performance/qualification standards established by the City. Consultant v
guarantees the City's satisfaction with the 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 M
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. E
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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 N
does not meet the standards established by City as necessary for the performance of the services or does
not meet prescribed IT department policy, standards, procedures and guidelines, 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. r
VIII. TERMINATION. Either party may terminate this Agreement, with or without cause, upon o
providing the other party thirty (30) days written notice at its address set forth on the signature block of L)
this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction.
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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 v
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 E
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative 0
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. a
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 97
4.F.c
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 of the Services under this Agreement, except for that portion of the injuries and
damages caused by the City's negligence, gross negligence, or willful misconduct. N
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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. Q
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, 5
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 obligation shall be only to the extent of the Consultant's a
negligence. z
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION 3
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.
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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 court having •2
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 N
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Consultant's part. w
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Other than when necessary for Consultant to fulfill its indemnification responsibilities with respect to ci
third parties, under no circumstances shall either party be directly liable to the other for indirect,
consequential, or punitive damages whether arising in contract, tort or otherwise. M
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The provisions of this section shall survive the expiration or termination of this Agreement. E
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XI. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, a
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
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XII. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to Consultant for the purpose of completion of the work under
this Agreement. .2
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XIII. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created by the Assigned Individual under this Agreement
shall belong to and become the property of the City. The Consultant acknowledges that the City is a public y
agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As o
such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations L)
under the Public Records Act.
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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 work as 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 satisfactory completion. City shall provide v
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the Assigned Individual providing services to City with day-to-day oversight and direction.
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XV. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. The City agrees 5
that it will provide safe on-site working conditions. Consultant shall take all necessary precautions and shall a
be responsible for the safety of its employees, agents, and subcontractors in the performance of any contract
work off-site and shall utilize all protection necessary for that purpose. All off-site work shall be done at
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 98
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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's Assigned 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, IF
software development or the acquisition of hardware or software; (iv) to make any management decisions; N
(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 Q
automotive equipment.
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XVI. MISCELLANEOUS PROVISIONS.
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference a
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 a)
covenants, agreements or options, and the same shall be and remain in full force and effect. a_
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C. Resolution of Disputes and Governing. 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 •2
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means in
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 v
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 o
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or v
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section X of this Agreement. M
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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 a
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. y
E. Assignment. Any assignment of this Agreement by either party without the written consent 4)
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.
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement y
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. o
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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. v
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H. Compliance with Laws. The Consultant agrees to comply with all applicable federal, state, and E
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 a
accruing out of the performance of those operations.
CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 99
4.F.c
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties .N
and obligations under the Public Records Act. 0
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J. City Business License Required. Prior to commencing the tasks described in Section I, Q
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code. 5
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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number
of counterparts, each of which shall constitute an original, and all of which will together constitute this one
Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the a
other by fax or email and that signature shall have the same force and effect as if the Agreement bearing z
the original signature was received in person. 3
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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 Q
of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such summary results a
strictly confidential and to use such results in accordance with applicable laws and solely for employment •2
purposes. in
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 w
protected personal information, and the City agrees to implement and maintain reasonable security o
procedures and practices to protect such information from unauthorized access, use, modification or U
disclosure, unless disclosure is required by law.
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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 a
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 N
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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CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. 100
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O. Remote Work. The City may authorize an Assigned Individual to work remotely off-site, away
from a City location. City is aware that the remote work location is not a Consultant location and is not a
site managed by Consultant. In such event, City shall provide the Assigned Individual with hardware (if
applicable), software, and network connectivity (such as a secure Virtual Private Network) to perform the .N
Services remotely and shall be responsible for ensuring any City-provided hardware, software, and network
meet City security obligations and measures. At no time will Consultant or its Assigned Individual be storing
City's data on Consultant's equipment. Q
IN WITNESS, the parties below execute this Agreement, which shall become effective on 5
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.
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CONSULTANT: CITY: a.
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xxx City of Kent 3
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By: By:
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Print Name: Print Name: Dana Ralph
Its Its Mayor
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DATE: DATE: N
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Kent City Clerk
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APPROVED AS TO FORM: Q
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Kent Law Department
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
xxx: CITY OF KENT: o
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Address ITA@kentwa.gov
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220 Fourth Avenue South c
( ) (telephone) Kent, WA 98032
( ) (facsimile) v
(253) 856-4600 (telephone) r
(253) 856-4700 (facsimile) a
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CONSULTANT SERVICES AGREEMENT - 7
(Over$20,000) Packet Pg. 101
4.F.c
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As
such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to
this Agreement shall comply with the regulations of the City's equal employment opportunity policies. Q
The City of Kent and its contractors are subject to and will comply with the following: 5
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
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49 C.F.R. Part 21 (entitled Non-discrimination in Federally Assisted Programs Of The
• Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); '
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964).
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• Ch. 49.60 RCW (Washington Law Against Discrimination) Q
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". it
The following statements specifically identify the requirements the City deems necessary for any contractor,
subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is
required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully o
misrepresents themselves with regard to the directives outlined below, it will be considered a breach of v
contract and it will be at the City's sole determination regarding suspension or termination for all or part of
the Agreement. M
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The statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2. a
2. During the time of this Agreement, I will not discriminate in employment on the basis of sex, race, N
color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new -2
employees and subcontractors indicating commitment as an equal opportunity employer. cn
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion r
of women and minorities. y
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5. During the performance of this contract, the contractor, for itself, its assignees, and successors in L)
interest (hereinafter referred to as the "contractor") agrees as follows:
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A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and
supplier (hereinafter"Contractor") will comply with all Acts and the Regulations relative to 0
non-discrimination, including those applicable to Federally-assisted programs of the U.S. r
Department of Transportation, State-assisted programs through the Washington State v
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Department of Transportation, and generally under Washington's Law Against
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Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are E
herein incorporated by reference and made a part of this contract.
B. Non-discrimination: The contractor, with regard to the work performed by it during the Q
contract, will not discriminate on the grounds of race, color, or national origin in the
EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 102
4.F.c
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor will not participate directly or indirectly in the discrimination
prohibited by the Acts and the Regulations, including employment practices when the
contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
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C. Solicitations for Subcontracts, Including Procurements of Materials and 0
Equipment: In all solicitations, either by competitive bidding, or negotiation made by the
contractor for work to be performed under a subcontract, including procurements of Q
materials, or leases of equipment, each potential subcontractor or supplier will be notified
by the contractor of the contractor's obligations under this contract and the Acts and the 5
Regulations relative to non-discrimination on the grounds of race, color, or national origin.
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D. Information and Reports: The contractor will provide all information and reports required
by the Acts and Regulations and directives issued pursuant thereto and will permit access to 0"
its books, records, accounts, other sources of information, and its facilities as may be z
determined applicable to contractor's contract by the City or the Washington State 3
Department of Transportation to be pertinent to ascertain compliance with such Acts and
Regulations and instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish the information, the a,
contractor will so certify to the City or the Washington State Department of Transportation,
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as appropriate, and will set forth what efforts it has made to obtain the information. a
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the
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non-discrimination provisions of this contract, the City will impose such contract sanctions in
as it or the Washington State Department of Transportation may determine to be
appropriate, including, but not limited to: r
a. withholding payments to the contractor under the contract until the contractor o
complies; and/or c)
b. cancelling, terminating, or suspending a contract, in whole or in part.
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F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A)
through (F) above in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts and Regulations and directives issued pursuant
thereto. The contractor will take action with respect to any subcontract or procurement as a
the City or the Washington State Department of Transportation may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, that if the N
contractor becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the contractor may request the City to enter into any
litigation to protect the interests of the City. In addition, the contractor may request the
United States to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and successors in r
interest agrees to comply with the following non-discrimination statutes and authorities; including y
but not limited to: _
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Pertinent Non-Discrimination Authorities:
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits 0
discrimination on the basis of race, color, national origin); and 49 CFR Part 21. v
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex); a
EEO COMPLIANCE DOCUMENTS - 2
(Over$20,000) Packet Pg. 103
4.F.c
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age); N
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, 'o
(prohibits discrimination based on race, creed, color, national origin, or sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and Q
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms E
"programs or activities" to include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or activities are Federally
funded or not); o
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the a
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basis of disability in the operation of public entities, public and private transportation systems, 3
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
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ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
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(prohibits discrimination on the basis of race, color, national origin, and sex);
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X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against minority •2
populations by discouraging programs, policies, and activities with disproportionately high in
and adverse human health or environmental effects on minority and low-income populations;
xi. Executive Order 13166, Improving Access to Services for Persons with Limited English 2
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English proficiency (LEP). To ensure compliance with Title 0
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
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xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). E
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
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8. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding a
statements were complied with during the course of the contract's performance. N
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By signing below, I agree to fulfill the five requirements referenced above.
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By: c
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EEO COMPLIANCE DOCUMENTS - 3
(Over$20,000) Packet Pg. 104
4.F.c
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 0
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 �
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APPROVED BY Dana Ralph, Mayor c
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POLICY: z
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Equal employment opportunity and non-discrimination in contracting 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 a
the City amounting to $10,000 or more within any given year, must take the following affirmative steps: a,
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1. Provide a written statement to all new employees and subcontractors indicating commitment as an
equal opportunity employer. it
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2. Actively consider for promotion and advancement available minorities and women.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, w
regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy o
Declaration, prior to commencing performance. U
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination M
and equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement. f°
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works a
Departments to coordinate with the City's Title VI coordinator and perform the following duties for their a
respective departments.
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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. it
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 4
(Over$20,000) Packet Pg. 105
4.F.c
KENT
Exhibit A N
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Number: ITP 3-01 Effective Date: Q
Subject: Information Technology Supersedes: Previous IT Personnel
Personnel Policy Policies
Approved:
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1. Purpose a
This document describes personnel policies that are specific to IT staff members. City of Kent HR 3
personnel policies are predominant on details that are not addressed on this policy.
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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. a
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2.1.Collective Bargaining Agreements it
Employees covered by collective bargaining agreements or Civil Service Rules will be subject to the in
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. w
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2.2.Authority v
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 M
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 E
in advance by the City IT Director. a
2.3. References a
City of Kent Personnel Policies
New IT Employee Cheat Sheet
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3. Policy m
3.1. Daily Operations
3.1.1. Core Hours r
Unless covered by collective bargaining agreements, vendor contracts, or otherwise authorized by y
the IT Director, manager and/or supervisor and documented within a personnel file, all IT o
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
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they must notify their manager or supervisor using a previously agreed upon method (text -
message, call, email).
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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. a
INFORMATION TECHNOLOGY PERSONNEL POLICY- 1
Exhibit A Packet Pg. 106
4.F.c
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.
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3.1.4. Overtime
Any request for overtime hours/work needs to first be approved by an employee's manager or Q
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.
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Managers, supervisors and employees are expected to keep copies of the "in-writing" approvals of
overtime for audit, timekeeping, time-entry, and historical purposes. c
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3.1.5. Vacation Requests
Requests for vacation time need to be approved in advance by an employee's manager or 3
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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. E
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Managers and supervisors are responsible for maintaining adequate levels of service and therefore a
reserve the right to decline vacation requests if needed.
3.1.6. Holiday Observance it
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. '
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3.2. Supplies and Assets L?
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. M
4. Standards cu
4.1. Performance E
The IT Department focuses on delivering services to the City. To provide a reliable, high-quality level a
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 N
discretion and interpretation of the IT Director, manager, or supervisor.
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4.2.Calendar Usage 0
All IT employees must grant read-only access to their Outlook calendars to all IT divisions. This allows cn
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.
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Any appointments that contain sensitive or personal information can be marked as "private" by the v
user. r
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5. Revision History c
Date Revision Supersedes Summary of Changes >,
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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
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 2
Exhibit A Packet Pg. 107
4.F.c
6. Inquiries
Direct inquiries about this policy to:
Information Technology Department
City of Kent
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220 Fourth Ave S
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Kent, WA 98032 0
Voice: 253-856-4601 Q
E-mail: ServiceDesk@kentwa.gov ,
http://servicedesk/
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 3
Exhibit A Packet Pg. 108
4.F.c
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
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Insurance
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The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for Q
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
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Consultant shall obtain insurance of the types described below: c
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1. Automobile Liability insurance 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 3
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. a
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Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall i
be included as an Additional Insured under the Consultant's Commercial General Liability insurance policy a
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 in
Washington.
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B. Minimum Amounts of Insurance '
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Consultant shall maintain the following insurance limits: U
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property M
damage of $1,000,000 per occurrence.
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2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. a
C. Other Insurance Provisions
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The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
Liability and Commercial General Liability insurance:
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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. '
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2. The Consultant agrees to provide at least 30 days' notice to the City in the event Consultant's insurance U
coverage is being cancelled or substantially modified (e.g., a new carrier).
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3. The City of Kent shall be included as an additional insured on all policies (except Professional Liability) 4-
as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming 0,
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 v
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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. E
D. Acceptability of Insurers a
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
Packet Pg. 109
4.F.c
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. N
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F. Subcontractors
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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 5
same insurance requirements as stated herein for the Consultant.
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EXHIBIT C
Job Arrangement Letter
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Date `0
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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 a
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Dear Contact First Name, E
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Thank you for selecting xxx [OR OTHER APPLICABLE DIVISION] to meet your staffing needs.
Candidate Name is scheduled to start with Company Name as a Functional Role on
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As agreed, we will invoice your firm at the rate of $ per hour. If applicable, overtime will be
billed at 1.50 times 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 M
document will be sent with each Job Order you place with xxx. We acknowledge that xxx and
Company Name have a signed agreement. The terms of the signed agreement, along with the terms E
of this letter, shall govern the services provided by such employee or consultant at Company Name. L
Please do not hesitate to contact us if you have any questions or we can be of additional service. a
We look forward to working with you. a
Sincerely,
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xxx
Street Address 1
Street Address 2 or City, St Zip y
City, ST Zip or Space if not Required o
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FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
\117KENT Kent, WA 98032
W A S ENT
N G T O N 253-856-5264
DATE: November 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments
between July 1, 2022 and September 30, 2022 - Adopt
MOTION: I move to adopt Ordinance No. 4453, consolidating budget
adjustments made between July 1, 2022 and September 30, 2022,
reflecting an overall budget increase of $1,252,020.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $1,252,020.
Adjustments totaling $1,277,390 have previously been approved by Council and are
summarized as follows:
$215,790 in grants as follows:
$150,000 Lake Fenwick WaterWorks Grant for alum treatments to help
combat phosphorus pollution.
$50,000 Department of Ecology Grant for water quality/stormwater capacity
studies.
$15,790 2022-2023 Walter-Roller Grant for traffic enforcement.
$261,600 in recycling grant carryforward budgets that were previously authorized
in 2021.
$800,000 King County reimbursement for 84th Avenue EVH slump repairs.
The remaining adjustments below, totaling a net reduction of $(25,370), have not
been previously approved by Council. These include:
• $8,695,000 for the transfer ($7.65m) and 2022 use ($1.045m) of General
Fund funds to the Insurance Fund for Workers Compensation ($1.75m),
Liability ($5.5m) and Property ($400k) Insurance. The difference between
the amount transferred and used for 2022 will go directly to the Insurance
Fund's fund balances.
• $475,000 TIB Grant increase for sidewalk projects.
• $454,830 true-up of a WDOT Commute Trip Reduction Grant to the actual
amount received.
• $150,000 to move funding for the translation of City documents to a project.
Packet Pg. 112
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• $(9,800,200) in net reductions related to Public Works and Park projects as
follows:
o $(4,430,000) reduction in the transfer ($2.2m) and use ($2.2m) of water
project funds to provide sufficient fund balance for 2023 KEHOC funding.
o $(5,280,000) reduction in the transfer ($2.64m) and use ($2.64m) of
sewer project funds to provide sufficient fund balance for 2023 KEHOC
funding.
o $(5,744,040) reduction in the transfer ($2.87m) and use ($2.87m) of
drainage project funds to provide sufficient fund balance for 2023 KEHOC
funding.
o These reductions are offset by $5,653,840 for the transfer ($2.83m) and
use ($2.83m) of Parks funds in 2022 for the KEHOC project.
BUDGET IMPACT: These expenditures are funded by grants, existing fund
balance, or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Budget Adjustment Ordinance Q3 2022 Supp (PDF)
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ORDINANCE NO. 4453
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AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between o
July 1, 2022 and September 30, 2022, reflecting an
overall budget increase of $1,252,020.
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RECITALS 5
A. Expenditures as classified in the final, adopted budget
constitute the city's appropriations for that year. After adoption, there are
a variety of events that will precipitate the need to amend the adopted y
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budget, such as grant awards, bonds issuance, collective bargaining 0
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agreements and additional budget requests. These modifications are M
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periodically consolidated into a supplemental budget adjustment ordinance
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amending the original adopted budget. ;
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, M
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE p
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SECTION 1. - Budget Adjustments. The 2021-2022 biennial budget E
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is amended to include budget fund adjustments for the third quarter of 2022 a
from July 1, 2022 to September 30, 2022, as summarized and set forth in
Exhibit "A," which is attached and incorporated into this ordinance. Except m
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1 2021-2022 Budget Adjustment
Third Quarter 2022
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as amended by this ordinance, all terms and provisions of the 2021-2022 3
biennial budget Ordinance No. 4381, as amended by Ordinance Nos. 4404,
4411, 4413, 4419, 4421, 4429 and 4439, shall remain unchanged.
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SECTION 2. - Severability. If any one or more section, subsection,
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or sentence of this ordinance is held to be unconstitutional or invalid, such ;
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decision shall not affect the validity of the remaining portion of this ordinance Q
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and the same shall remain in full force and effect. W
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
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approval of the City Attorney, the City Clerk and the Code Reviser are
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authorized to make necessary corrections to this ordinance, including the E
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correction of clerical errors; ordinance, section, or subsection numbering; or
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references to other local, state, or federal laws, codes, rules, or regulations. 5
SECTION 4. - Effective Date. This ordinance shall take effect and be °0
in force five days after publication, as provided by law.
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December 13, 2022
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DANA RALPH, MAYOR Date Approved M
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ATTEST: a
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December 13, 2022 N
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted M
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December 16, 2022
Date Published
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APPROVED AS TO FORM: E
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TAMMY WHITE, CITY ATTORNEY
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Third Quarter 2022
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Exhibit A r
City of Kent 3
Budget Adjustment Ordinance
Adjustments July 1, 2022 to September 30, 2022 3
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Previously Approval Total
Fund Title Adjustment �
Approved Requested
Ordinance n
General Fund - 7,650,000 7,650,000
Street Fund - 454,830 454,830 Q
Capital Resource Fund - 2,826,920 2,826,920 'O
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Criminal Justice Fund 15,790 - 15,790
Streets Capital Projects 800,000 475,000 1,275,000
Other Capital Projects - 150,000 150,000
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Facilities Capital Projects - 3,251,920 3,251,920
Water Operating Fund - (4,855,000) (4,855,000) E
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Sewerage Operating Fund - (5,280,000) (5,280,000) 0
Drainage Operating Fund 200,000 (5,744,040) (5,544,040)
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Solid Waste Operating Fund 261,600 - 261,600
Insurance Funds - 1,045,000 1,045,000
Total 1,277,390 (25,370) 1,252,020 m
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Budget Adjustment Detail for Budget Changes
July 1, 2022 to September 30, 2022 >,
Approval Previously Not Previously Total 7
Date or Approved by Approved by Adjustment C
Other Fund Council Council Ordinance N
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General Fund
Transfer of fund balance to Workers Compensation Fund 5620 1,750,000 1,750,000 .0
Transfer of fund balance to Liability Insurance Fund 5670 5,500,000 5,500,000 r
Transfer of fund balance to Property Insurance Fund 5680 400,000 400,000
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Reduce Translation of City Documents line item to move to project (150,000) (150,000) E
Transfer of funds for Translation of City Documents to a project 3300 150,000 150,000 N
Total General Fund - 7,650,000 7,650,000 7
Street Fund Q
True up WDOT Commute Trip Reduction Grant to Actuals 454,830 454,830 `p
Total Street Fund - 454,830 454,830 w
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Capital Resource Fund
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Reduce Kent Memorial Park Renovation to fund KEHOC (1,826,920) (1,826,920) C
Reduce Panther Lake Park to fund KEHOC (1,000,000) (1,000,000) 13
Transfer of Parks funds to KEHOC Project 3500 1,826,920 1,826,920 Q
Transfer of Parks funds to KEHOC Project 3500 1,000,000 1,000,000
Fund Kent Memorial Park Renovation with REET2 funds 1,826,920 1,826,920 N
Fund Panther Lake Park with REET2 funds 1,000,000 1,000,000 E
Total Capital Resource Fund - 2,826,920 2,826,920 to
7
Criminal Justice Fund
2022-2023 Walker-Roller Grant KCC 3.70 15,790 15,790 Q
Total Criminal Justice Fund 15,790 - 15,790
CD
Streets Capital Projects
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KC Reimbursement for 84th Avenue EVH Slump Repair 12/14/21 800,000 800,000 CD
TIB Grant Increase for sidewalk projects 475,000 475,000
Total Streets Capital Projects 800,000 475,000 1,275,000
Other Capital Projects G
Move Translation of City Documents funding to a project 1000 150,000 150,000 C
Total Other Capital Projects - 150,000 150,000 p
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Facilities Capital Projects
CD
Use of Parks funds for KEHOC project 1500 2,826,920 2,826,920
Use of PW funds for KEHOC project 4100 425,000 425,000 M
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Total Facilities Capital Projects - 3,251,920 3,251,920
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Water Operating Fund Q'
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Return project funding to fund balance for 2023 KEHOC funding (4,430,000) (4,430,000)
Reallocate PW project funds in 2022 for KEHOC 3500 (425,000) (425,000) N
Total Water Operating Fund - (4,855,000) (4,855,000) p
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Sewerage Operating Fund M
Return project funding to fund balance for 2023 KEHOC funding (5,280,000) (5,280,000)
Total Sewerage Operating Fund - (5,280,000) (5,280,000)
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Drainage Operating Fund E
Return project funding to fund balance for 2023 KEHOC funding (5,744,040) (5,744,040) 'a
Lake Fenwick WaterWorks Grant 4/5/22 150,000 150,000 O
Department of Ecology Grant for Water Quality/Stormwater Capacity KCC 3.70 50,000 50,000
Total Drainage Operating Fund 200,000 (5,744,040) (5,544,040) G1
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Solid Waste Operating Fund 7
Recycling Grant Carryforward 2021 261,600 261,600
Total Solid Waste Operating Fund 261,600 - 261,600
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Insurance Funds
Workers Compensation-use of funds transferred in from General Fund 1000 550,000 550,000 'a
Liability Insurance-use of funds transferred in from General Fund 1000 450,000 450,000
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Property Insurance-use of funds transferred in from General Fund 1000 45,000 45,000
Total Insurance Funds - 1,045,000 1,045,000 C
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Grand Total All Funds 1,277,390 (25,370) 1,252,020
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4.H
OFFICE OF THE CITY ATTORNEY
Tammy White, City Attorney
220 Fourth Avenue South
\117KENT Kent, WA 98032
W A S ENT
N G T O N 253-856-5770
DATE: November 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: Resolution Against Hate - Adopt
MOTION: I move to adopt Resolution No. 2051, which denounces hate,
reaffirms Kent's commitment to be a safe, welcome, and equitable
community for all, and encourages community members to report
discrimination and hate-based crimes.
SUMMARY: Councilmember Fincher will present a draft resolution for Council
consideration.
If approved by the Committee, the resolution will proceed for action tonight on the
Consent Calendar at the City Council meeting.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Resolution Against Hate (PDF)
Packet Pg. 118
4.H.a
RESOLUTION NO. 2051
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A RESOLUTION of the City Council of the a
City of Kent, Washington: (i) reaffirming its
commitment to be a safe, welcoming, and equitable
community for all, (ii) denouncing hatred,
intolerance, and discrimination; and (iii)
encouraging community members to report a
discrimination and hate-based crimes. c
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RECITALS a
A. The Kent community is majority Black, Indigenous and People of M
Color, and is the seventh most diverse community in the nation with more
than 130 languages spoken in our local schools. The City welcomes and =
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provides services to all individuals regardless of race, ethnicity, country of
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origin, socioeconomic status, age, sexual orientation, gender identification,
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disability, religion, veteran status, and any other protected status.
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B. In alignment with the City's mission to build a 'safe, thriving,
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sustainable, and inclusive community," the City desires to promote
inclusiveness, celebrate diversity, support all fellow community members,
and reject hate and bias in all forms. The perspectives of a diverse and a
culturally rich community can inspire creativity and drive innovation and
business while sowing peace and understanding of each other.
C. On October 8, 2020, the Mayor issued a directive outlining specific
actions for all City departments and employees to take to advance race and
1 Resolution Against Hate
Packet Pg. 119
4.H.a
equity issues in Kent. Since issuance of that directive, the City has made
significant strides towards these goals.
D. The City Council celebrates the diversity in both the Kent community
and its workforce, and through additional funds budgeted during the 2023-
2024 biennium, continues to encourage those efforts by, among other
things: the City's Race and Equity Manager working closely with the City's
diverse community to develop the City Council's Equity Strategic Plan;
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funding the City's Police Department Data Collection System and Business
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Intelligence Coordinator; investing federal American Rescue Plan Act (ARPA)
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grant funds in human services targeting our diverse communities; funding, _
through ARPA, small business loans to women and minority-owned
businesses; sponsoring and developing an equity and inclusion speaker a
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series open to both staff and community members; funding translation of °
important City documents into the top five languages spoken by Kent
community members; and funding an expansion of a technical assistance
network comprised of culturally competent business navigators and M
translator services that are currently located in South King County. r
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E. The City Council and the Mayor are committed to continuing the City's
equity and inclusion work and reaching out to and connecting with its a
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community members to ensure that its programs and services are °
accessible and open to all individuals.
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F. As public officials, it is the City Council's duty to use its authority to
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foster a community free of fear, intimidation, and violence. Moreover, while
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free speech is protected under the First Amendment, the City Council can Q
speak out against hate speech as contrary to its community's values.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
2 Resolution Against Hate
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RESOLUTION
SECTION 1, - Collective Statement Denouncing Hate, Bigotry, and
Bias. The City Council of the City of Kent does here proclaim that hate,
bigotry, and bias are not welcome in the City of Kent. The Council rejects all
bias, harassment, discrimination, violence, and hate crimes based on race,
ethnicity, place of origin or ancestry, physical ability, socio-economic status,
gender identity, sexual orientation, age, or religion. The City Council is a
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committed to promoting an inclusive community and urges those in our a
community to work together. Being a culturally rich City, the City Council
does not tolerate, and hereby condemns, groups and individuals who N
promote hate, bigotry, violence, and intolerance.
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SECTION 2, - Report Discrimination and Hate Crimes. The City °
Council encourages community members who observe or experience
incidents of discrimination or harassment to report the incidents to the
Washington State Human Rights Commission. The City Council further M
encourages the public to report hate-based crimes to the Kent Police 2
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Department by calling 911 for emergencies or 253-852-2121 for non- _
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emergencies.
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SECTION 3, - Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
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decision shall not affect the validity of the remaining portion of this
resolution and the same shall remain in full force and effect.
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SECTION 4, - Corrections by City Clerk. Upon approval of the City Q
Attorney, the City Clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
3 Resolution Against Hate
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SECTION 5. - Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
November 15, 2022
DANA RALPH, MAYOR Date Approved
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ATTEST: Q
November 15, 2022
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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APPROVED AS TO FORM: o
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TAMMY WHITE, CITY ATTORNEY
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4.1
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
\117KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: November 15, 2022
TO: Operations and Public Safety Committee
SUBJECT: INFO ONLY: September 2022 Monthly Financial Report
SUMMARY: Financial Planning Manager, Michelle Ferguson will present the
September 2022 Monthly Financial Report.
ATTACHMENTS:
1. September 2022 Financial Report (PDF)
Packet Pg. 123
4.I.a
September 2022 Monthly Financial Report
City of Kent, Washington
General Fund Overview
Adi Budget YTD Est Actual Favorable Favorable
(Unfavorable) (Unfavorable,
Revenues 127,536,660 81,400,934 136,031,940 8,495,280 6.74
Expenditures 131,153,470 72,287,865 128,289,560 2,863,910 2.24
Net Revenues Less Expenditures (3,616,810) 9,113,069 7,742,380 11,359,190 0
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Beginning Fund Balance 47,660,510 47,660,510
Ending Fund Balance 44,043,700 55,402,890
33.6% 43.2%
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Required Endina Fund Balance Calculation c
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Budgeted Expenditures for 2022 from above 131 153 470 a
CINII
18.0% N
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18% GF Ending Fund Balance 23,607,625 ci
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$in millions General Fund Ending Fund Balance 10-year History (excluding Annexation)
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2012 2013 2014 2015 2016 2017 2018 2019 2020 Prelim 2021 'U-
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September 2022 • - . • 4.I.a
City of Kent, Washington
General Fund Overview - Revenues
Revenue Categories Adj Budget YTD Est Actual Favorable Favorable
(Unfavorable) (Unfavorable)
Taxes:
Property 32,451,450 18,074,648 32,659,100 207,650 0.6%
Sales & Use 21,027,000 20,313,671 26,651,290 5,624,290 26.7%
Utility 19,507,350 15,935,022 20,830,650 1,323,300 6.8% 0
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Business &Occupation 19,100,000 9,466,232 18,875,100 (224,900) -1.2%
Other 879,790 486,421 888,260 8,470 1.0%
Licenses and Permits 7,400,610 6,158,819 8,155,450 754,840 10.2%
Intergovernmental Revenue 2,891,130 2,333,656 3,111,070 219,940 7.6%
Charges for Services 6,309,570 6,144,629 7,791,450 1,481,880 23.5% IL
Fines and Forfeitures 1,172,910 508,826 676,620 (496,290) -42.3%
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Miscellaneous Revenue 2,348,500 1,694,011 1,944,550 (403,950) -17.2% c
Transfers In 14,448,350 285,000 14,448,400 50 0.0%
Total Revenues 127,536,660 81,400,934 136,031,940 8,495,280 6.7% N
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Variance analysis for revenues is provided for particular line items or those in which the estimated actual amount differs N
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from the budgeted amount by at least 10% or minimum of$500,000.
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Variance Notes
Sales &Use Tax: $5.6m (26.7%) favorable variance due to record inflation and the associated price increases resulting in to
higher tax revenue.
Utility Tax: $1.3m (6.8%) favorable variance due to higher than anticipated electric ($587k), natural gas ($351k), Z
garbage ($354k) and cable utility ($96k) taxes, offset by lower than anticipated telephone taxes ($427k). O
Licenses and Permits: $755k favorable variance due primarily to higher than anticipated Franchise Fees ($294k) and 00
Fire ($199k), Building ($127k) and Street ($95k) Permits. Z
Charges for Services: $1.5m (23.5%) favorable variance due predominantly to increased planning &development m
service charges ($1.8m), offset by lower Culture & Rec charges ($348k) . CO)
Fines and Forfeitures:: $496k (-42.3%) unfavorable variance due to decreased civil ($350k) and criminal ($279k)
penalties, offset by increased B&O penalties ($93k).
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Miscellaneous Revenues: $404k (-17.2%) unfavorable variance due primarily to decreased rents & royalties ($302k) y
and donations ($102k).
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B&O Taxes
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14% Other Taxes C
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2022 Budgeted 15% 6% o N
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Fines and Forfeits_ C
Other 0% a)E
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Transfers In Q
12%
Sales Taxes `y_
20%
Property Taxes
24%
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September 2022 Monthly Financial Report
City of Kent, Washington
General Fund Revenues ($ in Thousands)
All Revenues Sources
Prior Year Budgeted Actual
$140,000 Revenues Revenues Revenues
January 5,898 6,951 6,113
$120,000 February 4,174 6,323 5,033
$100,000 March 6,127 8,777 7,100 G
April 21,521 21,429 21,933 M
$80,000 m
May 7,927 9,462 10,834
$60,000 June 5,491 7,445 6,013
$40,000 - - - July 9,733 9,255 9,739
August 6,326 6,634 7,994
$20,000 September 5,725 7,316 6,641 LL
$0 October 21,552 22,471 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 8,364 9,138 0 0
December 10,968 12,336 0 2
22 Bud f 21 Act 22 Act Total 113,807 127,537 81,401 N
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Property
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PriorY
$35,000 Revenues Revenues RevenuesQ'
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$30,000 -
January - 0 0 >-
February 217 250 57 J
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$25,000 March 1,438 1,150 1,289 p
$20,000 April 13,218 12,649 12,892 O
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May 1,945 2,439 3,048 Z
$15,000 June 198 617 101
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$10,000 _ July 80 145 59 M
August 190 135 214
$5,000 September 394 587 415
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$0 October 12,046 12,095 0 y
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,123 2,142 0
December 203 242 0
22Bud f21Act 4 22Act Total 32,053 32,451 18,075 coo
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Prior Year Budgeted Actual I..
$25,000 Revenues Revenues Revenues 1 a)
January 1,802 1,640 2,063 m
$20,000 - February 2,264 1,941 2,329 o-
March 1,786 1,619 2,112 N
$15,000 - April 1,753 1,493 2,063
May 2,270 1,799 2,411 E
$10,000 - June 2,005 1,646 2,167 0
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July 2,061 1,519 2,239 Q
$5,000 August 2,172 1,859 2,595
September 2,070 1,740 2,334
$0 Ail i October 2,023 1,771 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,150 1,887 0
December 2,473 2,112 0
�22 Bud f21 Act -4-22 Act Total 24,829 21,027 20,314
Page 3 of 14 Packet Pg. 126
4.I.a
September 2022 Monthly Financial Report
City of Kent, Washington
General Fund Revenues ($ in Thousands)
Utility Tax
Prior Year Budgeted Actual 0
$25,000 Revenues Revenues Revenues
January 2,141 1,935 1,980
$20,000 February 1,215 1,644 1,889
March 1,583 1,666 1,805 a
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$15,000 - April 1,700 1,768 1,859 W
May 1,542 1,569 1,745
$10,000 June 1,312 1,438 1,690
July 2,420 11729 1,713
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$5,000 August 1,632 1,505 1,581
September 1,621 1,697 1,672
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$0 October 1,588 1,471 0 O
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,625 1,564 0 2
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December 1,884 1,521 0 c
22Bud f21Act --*--22Act N
Total 20,263 19,507 15,935
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Other TaxesE
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Prior Year
Budgeted Actuald
$20,000 Revenues Revenues Revenues
$18,000 - January 283 86 2 J
$16,000 February 2 3 3 Z
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$14,000 March (156) 134 79 O
$12,000 April 2,912 3,091 3,087 z
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$10,000 May 1,008 1,296 1,549
0
$8,000 June 203 231 97 M
$6,000 July 2,966 3,717 3,501
$4,000 August 1,219 943 1,493 C
$2,000 September 107 125 141 CL
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$0 October 3,083 3,864 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,107 994 0
December 4,940 5,496 0
22Bud f21Act 22Act Total 17,674 19,980 9,953
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Other Revenues O
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(Intergovernmental, for Forfeits, • Misc Revenues) L
Prior Year Budgeted Actual E
$35,000 Revenues Revenues Revenues
$30,000 _ January 1,672 3,428 2,068 N
February 475 1,317 755
$25,000 March 1,476 3,490 1,815
$20,000 - - - - _ April 1,938 2,571 2,033
May 1,161 2,135 2,081 q
$15,000 - - June 1,773 3,459 1,957 Q
$10,000 July 2,205 2,748 2,227
August 1,113 1,939 2,110
$5,000 September 1,533 3,126 2,078
$0 October 2,812 3,282 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,359 2,271 0
December 1,469 4,806 0
22 Bud f 21 Act �22 Act
Total 18,988 34,571 17,125
Page 4 of 14 Packet Pg. 127
4.I.a
September 2022 Monthly Financial Report
City of Kent, Washington
General Fund Overview - Expenditures
2022 2022 2022
Department . .
Adj Budget YTD Est Actual
le
(Unfavorable) (Unfavorable)�
City Council 295,630 217,783 288,030 7,600 2.6%
Administration 3,134,820 1,511,440 2,917,720 217,100 6.9%
Economic &Community Dev 9,401,560 5,659,241 8,421,460 980100 10.4% c
Finance 3,199,140 1,955,424 2,902,630 296:510 9.3% m
Fire Contracted Services 3,877,220 3,071,254 3,896,480 (19,260) -0.5%
Human Resources 2,110,140 1,252,678 1,910,560 199580 9.5% f°
Law 1,638,790 988,602 1,481,900 156:890 9.6%
Municipal Court 3,869,220 2,534,025 3,556,480 312740 8.1%
LL
Parks, Recreation &Comm Svcs 22,336,790 13,790,843 21,690,150 646:640 2.9% >,
Police 50,805,480 37,259,571 50,739,470 66,010 0.1%
Non-Departmental 30,484,680 4,047,004 30,484,680 0
a
Total Expenditures 131,153,470 72,287,865 128,289,560 2,863,910 2.2% N
N
Variance analysis for expenditures is provided for particular departments or those in which the estimated actual amount N
differs from the budgeted amount by at least 10% or a minimum of $500,000.
E
Variance Notes
a�
a
ECD: Estimated spend by ECD is $980k under budget due to reduced spending on Salaries & Benefits ($199k), services y
($710k), and supplies ($71k)
J
Parks, Recreation, &Community Services: Estimated spend by Parks, Recreation, &Community Services is $646k Z
O
under budget due to reduced spending on Salaries & Benefits ($688k) and services ($94k), offset by increased spending O
for supplies ($124k). u_
Z
0
m
M
2022 Budgeted General Fund
0
a
Non-Departmental
24% City Council
0.22%
i •v
C
R
C
Administration u_
2% cV
Police o
N
40% 1 L
N
Other Finance
E
6% 2% a:
N
N
r
Human Resources
N
1% E
ECD
7% Law �
Fire Contracted 1% Q
Services
%
Parks,Recreation& Municipal Court
Comm Svcs 3%
17%
Page 5 of 14
Packet Pg. 128
4.I.a
September 2022 Monthly Financial Report
City of Kent, Washington
General Fund
Actual Prelim Adj Budget YTD Est Actual
Beginning Fund Balance 34,399,775 41,969,900 47,660,510 47,660,510 47,660,510
Revenues _
Taxes:
0
Property 31,374,827 32,052,967 32,451,450 18,074,648 32,659,100 y
Sales & Use 23,629,972 24,828,972 21,027,000 20,313,671 26,651,290
Utility 18,970,715 20,262,726 19,507,350 15,935,022 20,830,650
Business &Occupation 14,784,795 17,060,649 19,100,000 9,466,232 18,875,100
Other 418,235 613,502 879,790 486421 888,260 0
U-
Licenses and Permits 7,223,420 7,171,129 7,400,610 6,158:819 8,155,450 >+
Intergovernmental Revenue 3,196,701 3,322,233 2,891,130 2,333,656 3,111,070
c
Charges for Services 3,658,232 5,299,515 6,309,570 6,144,629 7,791,450 0
Fines and Forfeitures 776,948 809,293 1,172,910 508,826 676,620 N
N
Miscellaneous Revenue 1,954,937 943,344 2,348,500 1,694,011 1,944,550 N
Transfers In 4,820,343 1,442,364 14,448,350 285,000 14,448,400 L
a�
Total Revenues 110,809,127 113,806,695 127,536,660 81,400,934 136,031,940
E
a�
a
Expenditures
City Council 384,062 272,914 295,630 217783 288,030
Administration 1,774,808 2,847,633 3,134,820 1,511:440 2,917,720 —J
Z
Economic &Community Dev 6,711,489 7,469,721 9,401,560 5,659,241 8,421,460 O
Finance 2,323,636 2,574,151 3,199,140 1,955,424 2,902,630 O
u_
Fire Contracted Services 3,674,401 3,280,458 3,877,220 3,071,254 3,896,480 ?
Human Resources 1,405,219 1,524,097 2,110,140 1,252,678 1,910,560 c
Information Technology 172,932 CO)
Law 1,452,088 1,444,860 1,638,790 988,602 1,481,900
Municipal Court 3,402,314 3,394,639 3,869,220 2 534 025 3,556,480 0
o
Parks, Recreation & Comm Svcs 16,631,899 17,758,211 22,336,790 13,790,843 21,690,150
Police 43,464,679 45,793,526 50,805,480 37,259,571 50,739,470
�a
Public Works 629,087 (720)
Non-Departmental 20,802,826 21,907,021 30,484,680 4,047,004 30,484,680
Total Expenditures 102,829,440 108,266,510 131,153,470 72,287,865 128,289,560 ii
N
N
Net Revenues less Expenditures 7,979,686 5,540,186 (3,616,810) 9,113,069 7,742,380 N
L
Ending Fund Balance 42,379,461 47,510,086 44,043,700 56,773,579 55,402,890 E
m
a
Endina Fund Balance Detail:
General Fund Reserves 41,969,900 47,660,510 44,043,700 55,402,890
based on same year actuals/budget 40.8% 44.0% 33.6% 43.2%
t
c�
Q
Page 6 of 14
Packet Pg. 129
September 2022 • - . • 4.I.a
City of Kent, Washington
General Fund
Year-to-Year Month Comparison
2020 2021 2022
Budgetthru September thru September thru September Variance
Revenues
Taxes:
Property 17,361,615 17,680,961 18,074,648 393,687 2.2% 55.7% a
Sales & Use 17,196,395 18,183,581 20,313,671 2,130,089 11.7% 96.6% a)
Utility 14,680,230 15,165,959 15,935,022 769,063 5.1% 81.7%
Business & Occupation 7,315,175 8,317,894 9,466,232 1,148,338 13.8% 49.6%
Other 301,342 225,840 486,421 260,581 115.4% 55.3%
Licenses and Permits 4,770,975 5,238,275 6,158,819 920,544 17.6% 83.2%
ii
Intergovernmental Revenue 2,369,866 2,408,674 2,333,656 (75,018) -3.1% 80.7% >,
Charges for Services 2,737,610 3,566,324 6,144,629 2,578,305 72.3% 97.4%
Fines and Forfeitures 751,796 695,079 508,826 (186,253) -26.8% 43.4% p
Miscellaneous Revenue 1,355,870 1,439,200 1,694,011 254,811 17.7% 72.1% 2
Transfers In 450,000 - 285,000 285,000 2.0% c
Total Revenues 69,290,876 72,921,787 81,400,934 8,479,147 11.6% 63.8% N
L
Expenditures E
City Council 294,896 207,144 217,783 10,638 5.1% 73.7% a
Administration 1,417,871 1,844,913 1,511,440 (333,473) -18.1% 48.2% cn
Economic &Community Dev 5,082,670 5,460,758 5,659,241 198,484 3.6% 60.2%
Finance 1,671,925 1,896,623 1,955,424 58,800 3.1% 61.1%
Fire Contracted Services 2,734,758 2,708,977 3,071,254 362,277 13.4% 79.2% Z
O
Human Resources 1,117,033 1,103,720 1,252,678 148,958 13.5% 59.4% O
LL
Information Technology 172,932 Z
Law 1,086,225 1,045,761 988,602 (57,159) -5.5% 60.3%
Municipal Court 2,496,869 2,519,934 2,534,025 14,092 0.6% 65.5% m
Parks, Recreation &Comm Svcs 11,739,741 12,345,158 13,790,843 1,445,685 11.7% 61.7%
Police 32,299,044 33,203,864 37,259,571 4,055,707 12.2% 73.3%
Public Works 629,087 a
Non-Departmental 7,567,663 6,586,142 4,047,004 (2,539,139) -38.6% 13.3%
Total Expenditures 68,310,714 68,922,994 72,287,865 3,364,871 4.9% 55.1%
GF Revenues thru September GF Expenditures thru September LL
N
30,000,000 40,000,000 p
N
25,000,000 _ 35,000,000 - N
30,000,000 - E
20,000,000 - 4
25,000,000
15,000,000 _ ■2020 20,000,000 92020 fA
r12021 a 2021 C
10,000,000 _ 15,000,000
L!2022 V 2022 E
10,000,000 t
5,000,000 cc
v
5,000,000 � -
0 0 Q
Property Sales& Utility Other Police Parks *General ECD Non-Dept&
Taxes Use Taxes Taxes Revenues Govt. Other
*General Govt. includes City Council, Mayor/Clerk, HR, IT, &Finance
Page 7 of 14
Packet Pg. 130
4.I.a
September 1 • nthly Financial Repo
City of Kent, Washington
Fund Balances
•
BalanceEstimated Estimated
Beginning Estimated Estimated Ending Fund
Fund Revenues Expenditures0
a
m
Operating revenues and expenditures only; capital and non-capital projects are excluded.General Fund
f°
c
ii
General Fund 47,660,510 136,031,940 128,289,560 55,402,890 2,
Special Revenue Funds 0
a
Street Fund 10,957,450 21,226,060 19,965,520 12,217,990 N
0
LEOFF 1 Retiree Benefits 1,271,460 1,175,900 1,360,800 1,086,560 N
L
Lodging Tax 129,210 545,100 297,740 376,570
Youth/Teen Programs 394,810 1,045,500 925,650 514,660
Capital Resources 24,281,710 26,207,450 21,903,480 28,585,680
Criminal Justice 10,513,870 10,036,410 9,959,000 10,591,280 U)
Human Services 1,139,620 3,684,000 3,684,000 1,139,620 -J
z
ShoWare Operating 6,922,120 1,150,000 2,993,600 5,078,520 0
Other Operating 590,740 121,630 121,630 590,740 Z
Debt Service Funds
0
ca
Councilmanic Debt Service 2,020,530 7,677,980 8,563,980 1,134,530 ac)
Special Assessments Debt Service 271,910 691,660 682,020 281,550 r_
0
Enterprise Funds
a
m
Water Utility 11,878,690 29,060,330 27,023,970 13,915,050
Sewer Utility 3,862,930 35,743,800 31,987,400 7,619,330
Drainage Utility 14,972,140 24,583,640 28,172,100 11,383,680 c
Solid Waste Utility 271,510 1,125,200 1,134,930 261,780 N
Golf Complex 187,340 3,423,900 2,994,890 616,350 N
L
Fleet Services 3,007,980 8,081,450 6,029,810 5,059,620 Internal Service Funds
Central Services 123,380 323,010 297,310 149,080 cn
Information Technology 2,096,179 11,658,740 11,548,670 2,206,249
Facilities 4,587,100 6,488,300 6,089,060 4,986,340
E
Unemployment 1,338,190 158,000 135,500 1,360,690 0
Workers Compensation 1,431,060 1,530,420 1,912,270 1,049,210 a
Employee Health & Wellness 8,608,600 15,321,920 14,538,060 9,392,460
Liability Insurance 2,481,560 3,200,940 4,151,690 1,530,810
Property Insurance 642,610 783,330 822,390 603,550
Other
Impact Fee Trust Fund 1,769,950 1,769,950
Page 8 of 14
Packet Pg. 131
4.I.a
September 2022 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
BudgetActual Prelim
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 m
Revenues 19,350,928 20,419,435 18,440,900 11,460,125 21,226,060
Expenditures 19,205,266 16,768,746 19,965,520 10,965,461 19,965,520 f°
Net Revenues Less Expenditures 145,662 3,650,689 (1,524,620) 494,664 1,260,540
c
LEOFF 1 Retiree Benefits u_
Revenues 1,232,575 1,199,965 1,277,880 705,189 1,175,900 2'
t
Expenditures 1,571,585 1,519,460 1,572,840 1,053,883 1,360,800
Net Revenues Less Expenditures (339,010) (319,495) (294,960) (348,694) (184,900) 0
2
Lodging Tax c
Revenues 158,384 221,252 582,740 470,697 545,100 c14
Expenditures 270,532 165,720 509,050 187,573 297,740
Net Revenues Less Expenditures (112,148) 55,532 73,690 283,125 247,360
E
Youth/Teen Programs
a
Revenues 897,527 977,243 931,380 775,007 1,045,500
Expenditures 691,260 822,054 925,650 4,710 925,650
Net Revenues Less Expenditures 206,267 155,189 5,730 770,297 119,850 _J
Capital Resources p
Revenues 22,885,707 28,353,626 19,937,010 18,363,338 26,207,450 O
Expenditures 27,520,426 18,092,140 21,903,480 4,968,513 21,903,480 u_
z
Net Revenues Less Expenditures (4,634,719) 10,261,487 (1,966,470) 13,394,825 4,303,970
Criminal Justice
Revenues 8,673,794 9,774,373 8,686,810 7,445,473 10,036,410
Expenditures 8,504,672 7,540,042 10,214,280 5,761,052 9,959,000
Net Revenues Less Expenditures 169,122 2,234,331 (1,527,470) 1,684,421 77,410 o
Human Services
Revenues 163,728 3,796,657 3,684,000 3,050,210 3,684,000
Expenditures 116,660 2,704,110 3,684,000 125,620 3,684,000 Z
Net Revenues Less Expenditures 47,068 1,092,547 2,924,590
c
Sho Ware Operating ii
Revenues 1,512,589 3,079,558 1,150,000 1,150,000 N
Expenditures 1,451,752 2,091,661 2,993,600 2,050,958 2,993,600 c
N
Net Revenues Less Expenditures 60,837 987,897 (1,843,600) (2,050,958) (1,843,600)
Other Operating
E
Revenues 105,155 128,175 121,630 121,630 0;
Expenditures 106,003 104,945 121,630 120,880 121,630
Net Revenues Less Expenditures (848) 23,230 (120,880)Debt Service Funds
N
r
a�
E
Councilmanic Debt Service
Revenues 9,144,587 7,988,547 7,955,190 2,216,099 7,677,980
Expenditures 8,679,761 8,348,722 8,563,980 2,248,758 8,563,980 Q
Net Revenues Less Expenditures 464,826 (360,174) (608,790) (32,659) (886,000)
Page 9 of 14
Packet Pg. 132
4.I.a
September 2022 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
BudgetActual Prelim
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Special Assessment Debt Service o
Revenues 784,469 1,035,745 691,660 154,693 691,660
Expenditures 1,386,712 858,473 682,020 4,898 682,020
Net Revenues Less Expenditures (602,243) 177,272 9,640 149,796 9,640 1
Enterprise Funds
Water Utility u_
Revenues 29,573,424 29,810,341 29,334,150 20,945,733 29,060,330 t
Expenditures 26,464,133 28,183,254 27,023,970 11,947,313 27,023,970 c
Net Revenues Less Expenditures 3,109,291 1,627,087 2,310,180 8,998,420 2,036,360 a
Sewer Utility N
Revenues 33,513,294 34,846,524 34,750,070 27,056,287 35,743,800 N
Expenditures 32,252,706 33,974,459 31,987,400 21,404,558 31,987,400 y
Net Revenues Less Expenditures 1,260,588 872,065 2,762,670 5,651,728 3,756,400
E
a�
Drainage Utility m
Revenues 24,537,483 25,408,140 23,506,990 18,197,552 24,583,640
Expenditures 21,804,802 23,609,481 28,172,100 9,127,956 28,172,100
Net Revenues Less Expenditures 2,732,681 1,798,659 (4,665,110) 9,069,596 (3,588,460) Z
Solid Waste Utility 0
Revenues 837,309 855,492 906,110 946,593 1,125,200 LL
Expenditures 876,871 995,385 1,134,930 864,244 1,134,930 Z
Net Revenues Less Expenditures (39,562) (139,893) (228,820) 82,349 (9,730) c
m
Golf Complex CO)
CM
Revenues 5,938,183 2,526,316 3,107,180 2,647,119 3,423,900
Expenditures 3,070,899 4,513,837 2,994,890 2,324,056 2,994,890
0
Net Revenues Less Expenditures 2,867,283 (1,987,522) 112,290 323,063 429,010 0
Internal Service Funds
Fleet Services
0
Revenues 5,478,589 5,674,822 7,819,690 4,507,953 8,081,450
Expenditures 6,559,539 4,894,499 9,196,540 3,730,675 6,029,810 u_
Net Revenues Less Expenditures (1,080,950) 780,323 (1,376,850) 777,278 2,051,640 c
Central Services N
L
Revenues 309,535 355,897 436,600 222,477 323,010 �
Expenditures 277,640 320,247 414,110 193,778 297,310 E
Net Revenues Less Expenditures 31,895 35,650 22,490 28,700 25,700 a
Information Technology in
Revenues 9,062,099 10,506,136 11,633,360 8,342,873 11,658,740
Expenditures 10,531,892 10,411,640 12,126,290 8,250,278 11,548,670
Net Revenues Less Expenditures (1,469,793) 94,496 (492,930) 92,596 110,070
Facilities cva
Revenues 6,327,140 6,704,998 6,547,280 4,209,911 6,488,300 Q
Expenditures 5,125,026 6,222,434 8,981,350 3,843,721 6,089,060
Net Revenues Less Expenditures 1,202,114 482,564 (2,434,070) 366,190 399,240
Page 10 of 14
Packet Pg. 133
4.I.a
September 2022 Monthly Financial Report
City of Kent, . •
Other Funds Overview (Revenues and Expenditures)
Budget2020 2021 2022 2022 2022
Actual Prelim
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Unemployment o
Revenues 166,229 134,862 148,170 116,912 158,000
Expenditures 151,350 161,765 219,010 80,748 135,500
Net Revenues Less Expenditures 14,879 (26,902) (70,840) 36,164 22,500 cg
Workers Compensation
Revenues 1,551,522 1,019,589 1,468,360 1,147,819 1,530,420 9
Expenditures 2,106,616 1,788,435 1,575,610 1,644,174 1,912,270 21
Net Revenues Less Expenditures (555,093) (768,845) (107,250) (496,355) (381,850) 4;
Employee Health & Wellness 0
Revenues 15,929,224 15,795,365 15,580,790 11,344,423 15,321,920 N
Expenditures 14,097,298 14,736,998 15,580,790 10,737,725 14,538,060 c
Net Revenues Less Expenditures 1,831,926 1,058,367 606,698 783,860 N
L
Liability Insurance
Revenues 38,104 8,119,358 3,081,170 2,423,949 3,200,940 E
Expenditures 2,852,665 4,307,222 3,794,070 3,582,842 4,151,690 5-
Net Revenues Less Expenditures (2,814,561) 3,812,136 (712,900) (1,158,893) (950,750) y
Property Insurance
J
Revenues 578,755 605,819 785,750 586,284 783,330 z
Expenditures 587,011 677,950 785,750 1,204,314 822,390 0
Net Revenues Less Expenditures (8,257) (72,131) (618,030) (39,060) OL
z
Other
0
Impact Fee Trust Fund M
Revenues 4,357,166 3,957,718 3,922,390 1,699,949 1,769,950
Expenditures 4,356,851 3,958,033 3,922,390 1,676,353 1,769,950 r
Net Revenues Less Expenditures 315 (315) 23,596 G
a
m
Other Fund Revenues Other Fund Expenditures
80,000,000 70,000,000
o Special 60,000,000 E Special Revenue
60,000,000 Revenue 50,000,000 lifj — Funds
N
40,000,000 Funds 40,000,000 J Enterprise Funds N
30,000,000 L_
20,000,000 _ J Enterprise 20,000,000 — )
Funds 10,000,000 —o Internal Service E
ji .10 0 Funds a
2020 2021 2022 2020 Actuals 2021 Prelim 2022 Budget
N
Actuals Prelim Budget
r
c
a�
E
t
ca
Q
Page 11 of 14
Packet Pg. 134
r-
September 2022 • Report
=Eli
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
• • 2021 2022
-thru September thru September thru September Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Special Revenue Funds p
a
m
Street Fund
Revenues 9,170,111 10,191,312 11,460,125 1,268,813 12.40/a •�
Expenditures 7,396,276 7,959,712 10,965,461 3,005,750 37.80/a
Net Revenues Less Expenditures 1,773,835 2,231,600 494,664
ii
LEOFF I Retiree Benefits 2'
t
Revenues 752,692 748,436 705,189 (43,247) -5.80/c c
Expenditures 1,225,047 1,103,088 1,053,883 (49,205) -4.5% 2
Net Revenues Less Expenditures (472,355) (354,652) (348,694) c14
N
O
Lodging Tax `14
Revenues 131,253 139,819 470,697 330,879 236.60/c
Expenditures 176,522 114,495 187,573 73,078 63.8o/c E
Net Revenues Less Expenditures (45,269) 25,324 283,125 a
m
U)
Youth/Teen Programs
Revenues 710,690 739,287 775,007 35,721 4.80/c
Expenditures 5,318 5,850 4,710 (1,140) -19.50/c z
Net Revenues Less Expenditures 705,373 733,436 770,297 p
u_
Capital Resources z
Revenues 14,688,257 19,260,060 18,363,338 (896,722) -4.7% ''
Expenditures 4,687,686 3,637,867 4,968,513 1,330,646 36.60/a M
Net Revenues Less Expenditures 10,000,571 15,622,193 13,394,825
1`
Criminal Justice
0-
Revenues 5,449,180 6,976,089 7,445,473 469,384 6.70/c
Expenditures 5,306,684 5,173,547 5,761,052 587,505 11.40/c
Net Revenues Less Expenditures 142,496 1,802,542 1,684,421
Human Services
ii
Revenues 2,179,694 3,050,210 870,516 39.90/c cN
Expenditures 90,456 125,620 35,163 38.90/c N
Net Revenues Less Expenditures 2,089,238 2,924,590
a�
ShoWare Operating m
Revenues 128,429 855 (855) -100.00/0 a
Expenditures 1,418,168 1,218,057 2,050,958 832,901 68.40/c y
Net Revenues Less Expenditures (1,289,738) (1,217,202) (2,050,958) r
c
Admissions Tax revenues received quarterly A Jul Se January)q Y ((April, Y� September,� Y) E
t
Other Operating
Revenues Q
Expenditures 106,022 53,660 120,880 67,220 125.30/c
Net Revenues Less Expenditures (106,022) (53,660) (120,880)
Combines several small programs, including City Art Program and Neighborhood Matching Grants
Page 12 of 14 1 Packet Pg. 135
4.I.a
September 2022 Monthly Financial Report
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
-thru September thru September thru September Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Debt Service Funds G
a
m
Councilmanic Debt Service
Revenues 2,410,093 2,314,811 2,216,099 (98,712) -4.30/. •�
Expenditures 2,494,341 2,344,030 2,248,758 (95,272) -4.1%
Net Revenues Less Expenditures (84,247) (29,219) (32,659)
ii
Debt service payments are generally due in June and December. _>+
Special Assessments Debt Service
Revenues 246,419 476,851 154,693 (322,158) -67.6% 2
Expenditures 330,612 4,583 4,898 315 6.9% cj
Net Revenues Less Expenditures (84,193) 472,269 149,796 N
L
FundsEnterprise E
Y
Water Utility m
Revenues 21,364,266 23,242,668 20,945,733 (2,296,935) -9.90% �
Expenditures 14,781,479 14,861,925 11,947,313 (2,914,612) -19.60/c J
Net Revenues Less Expenditures 6,582,787 8,380,743 8,998,420 z
Sewer Utility O
Revenues 25,095,349 26,681,647 27,056,287 374,639 1.4% Z
Expenditures 21,710,895 22,911,697 21,404,558 (1,507,139) -6.60/c
Net Revenues Less Expenditures 3,384,454 3,769,950 5,651,728
CO)
M
Drainage Utility
Revenues 17,303,270 17,512,922 18,197,552 684,629 3.90/c c
Expenditures 11,819,849 13,048,503 9,127,956 (3,920,547) -30.0%
Net Revenues Less Expenditures 5,483,421 4,464,419 9,069,596
�a
Solid Waste Utility
Revenues 586,049 614,392 946,593 332,201 54.10/a
Expenditures 748,523 724,832 864,244 139,412 19.20/c
Net Revenues Less Expenditures (162,473) (110,440) 82,349 N
0
Golf Complex N
L
Revenues 5,234,191 2,002,062 2,647,119 645,058 32.20/c
Expenditures 1,889,793 3,873,031 2,324,056 (1,548,975) -40.0% E
Net Revenues Less Expenditures 3,344,398 (1,870,969) 323,063
a
Internal Service Funds
a�
r
c
a�
Fleet Services E
Revenues 4,170,989 4,317,169 4,507,953 190,784 4.40/a
Expenditures 4,401,994 3,504,328 3,730,675 226,347 6.50/c
Net Revenues Less Expenditures (231,005) 812,841 777,278 Q
Central Services
Revenues 224,814 263,983 222,477 (41,506) -15.7%
Expenditures 186,480 222,576 193,778 (28,798) -12.9%
Net Revenues Less Expenditures 38,335 41,407 28,700
Page 13 of 14 Packet Pg. 136
September 2022 Monthly Financial Report =Eli
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2020 2021 2022 2022-2021
—thru September thru September thru September Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Information Technology c
Revenues 6,697,256 6,875,607 8,342,873 1,467,266 21.30/a m
Expenditures 7,123,625 7,124,103 8,250,278 1,126,175 15.80/a
Net Revenues Less Expenditures (426,369) (248,496) 92,596 f°
Facilities coo
Revenues 3,964,170 4,247,564 4,209,911 (37,653) -0.90/0
Expenditures 3,265,316 3,903,996 3,843,721 (60,275) -1.50/c >,
Net Revenues Less Expenditures 698,854 343,568 366,190
c
Unemployment 0
2
Revenues 121,783 117,481 116,912 (569) -0.5% N
Expenditures 141,718 140,501 80,748 (59,753) -42.5% o
Net Revenues Less Expenditures (19,934) (23,019) 36,164 ci
a�
Workers Compensation
E
Revenues 1,128,826 833,934 1,147,819 313,885 37.60/a +;
Expenditures 940,866 1,199,983 1,644,174 444,190 37.00/c
Net Revenues Less Expenditures 187,960 (366,050) (496,355)
Employee Health & Wellness _J
Revenues 11,766,147 12,047,491 11,344,423 (703,068) -5.8% p
Expenditures 9,691,537 10,527,360 10,737,725 210,365 2.00/a O
Net Revenues Less Expenditures 2,074,611 1,520,131 606,698 Z
Liability Insurance c
Revenues 1,854,396 6,995,084 2,423,949 (4,571,135) -65.30/c M
Expenditures 1,588,151 3,546,262 3,582,842 36,580 1.0O/C
Net Revenues Less Expenditures 266,245 3,448,822 (1,158,893)
0
Property Insurance
Revenues 434,276 460,339 586,284 125,945 27.40/a
Expenditures 864,707 1,001,882 1,204,314 202,432 20.20/a •�
Net Revenues Less Expenditures (430,430) (541,543) (618,030)
c
Other Funds ii
Impact Fee Trust Fund N
Revenues 1,051,992 2,294,139 1,699,949 (594,189) -25.9% N
Expenditures 917,511 2,088,352 1,676,353 (411,998) -19.70/c LW
Net Revenues Less Expenditures 134,481 205,787 23,596 .0
E
am
Other Fund Revenues thru September Other Fund Expenditures thru
September
80,000,000
c
70,000,000 50,000,000
60,000,000 45,000,000
40,000,000
50,000,000 35,000,000 Q
40,000,000 0 2020 30,000,000
30,000,000 25,000,000 ■2020
20,000,000
0 2021 20,000,000
15,000,000 0 2021
10,000,000 a 2022 10,000,000
u 2022
0 5,000,000
Special Enterprise Internal 0
Revenue Funds Service Funds Special Enterprise Internal
Funds Revenue Funds Service
Funds Fund
Page 14 of 14 I Packet Pg. 137