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HomeMy WebLinkAboutCity Council Committees - Operations and Public Safety Committee - 01/17/2023 (2) 40!! Operations and Public Safety 0 Committee KENT Tuesday, January 17, 2023 W A S H I N G T O N 4:00 PM Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 819 7304 7869, Passcode: 284672 Chair Bill Boyce Councilmember Brenda Fincher Councilmember Satwinder Kaur Councilmember Marli Larimer Councilmember Zandria Michaud Councilmember Les Thomas Councilmember Toni Troutner ************************************************************** 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 December 6, YES Chair 01 MIN. 2022 Minutes B. Payment of Bills - Authorize YES Paula Painter 01 MIN. C. INFO ONLY: 2023 Insurance NO Chris Hills 10 MIN. Renewal Update D. Agreement with Express YES Kelly Peterson 05 MIN. Employment Professionals - Authorize E. Agreement with Summit YES Diane McCuistion 05 MIN. Food Services Management, LLC for Food Services at the Kent Correctional Facility - Authorize F. Interlocal Agreement with YES Commander McCuistion 05 MIN. the City of Federal Way for Jail Services - Authorize Operations and Public Safety Committee CC Ops and January 17, 2023 PS Regular Meeting G. Ordinance Clarifying YES Pat Fitzpatrick 05 MIN. Authority of Independent Salary Commission - Adopt H. INFO ONLY: November NO Michelle Ferguson 05 MIN. 2022, Financial Report I. INFO ONLY: Utility Shut-Off NO Molly Bartlemay 10 MIN. Policy Updates and Grant 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 December 6, 2022 Date: December 6, 2022 Time: 4:02 p.m. Place: Chambers Members: Bill Boyce, Chair Brenda Fincher, Councilmember Satwinder Kaur, Councilmember Marli Larimer, Councilmember Zandria Michaud, Councilmember Les Thomas, Councilmember c Toni Troutner Councilmember 0 L Agenda: a a 1. Call to Order 4:02 p.m. a Council President Boyce called the meeting to order. o 2. Roll Call N 0 N Attendee Name Title Status Arrived t° Bill Boyce Chair Present o Brenda Fincher Councilmember Present 0 Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Remote Toni Troutner Councilmember Present Q. 3. Agenda Approval Q 1. I move to approve the agenda as presented. a 0 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 November 15, 2022 MOTION: Move to approve the Minutes dated November 15, 2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 5 Packet Pg. 3 Operations and Public Safety Committee CC Ops December 6, 2022 and PS Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner B. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 11/15/22 and paid on 11/15/22; approve the checks issued for payroll 11/1/22-11/15/22 and paid on 11/18/22; approve the payment of bills received through 11/30/22 and paid on 11/30/22; and approve the checks issued for payroll 11/16/22 - 11/30/22 and paid on 12/5/22, all audited by the Operations and Public Safety 4- Committee on 12/7/22. 0 0 RESULT: MOTION PASSES [UNANIMOUS] Next: 12/13/2022 7:00 PM a MOVER: Brenda Fincher, Councilmember Q SECONDER: Toni Troutner, Councilmember E AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner a o 0 C. Grant Agreement with Department of Commerce for the City's N Periodic Update to its Comprehensive Plan - Authorize o N Long Range Planning Manager, Kristen Holdsworth, presented information regarding a grant from the Department of Commerce. o MOTION: I move to authorize the Mayor to accept the Department of o Commerce's grant in the amount of $325,000, amend the budget and Cn authorize expenditure of the grant funds, and authorize the Mayor to sign the grant agreement and all necessary documents, subject to the final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. w RESULT: MOTION PASSES [UNANIMOUS] Next: 12/13/2022 7:00 PM MOVER: Brenda Fincher, Councilmember Q SECONDER: Zandria Michaud, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner D. Consolidating Budget Adjustment Ordinance for Adjustments between October 1, 2022, and November 30, 2022 - Adopt Budget and Finance Manager, Michelle Ferguson presented the Ordinance for consolidating budget adjustments made between October 1, 2022 and November 30, 2022. MOTION: I move to adopt Ordinance No. 4455, consolidating budget adjustments made between October 1, 2022, and November 30, 2022, reflecting an overall budget increase of $12,942,540. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 5 Packet Pg. 4 Operations and Public Safety Committee CC Ops December 6, 2022 and PS Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: MOTION PASSES [UNANIMOUS] Next: 12/13/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner E. Ordinance - Annual Housekeeping Amendments to Zoning Code and Development Regulations - Adopt Economic and Community Development Senior Planner, Kaelene Nobis presented the annual housekeeping amendments to the Kent City Code. "Housekeeping" includes cleaning up the code, yearly or bi-yearly amendments to minor code issues that can be easily fixed or are necessary to comply with new state laws, clarify intent, or rectify identified code issues, 0 and updates that are administrative in nature. 0 MOTION: I move to adopt Ordinance No. 4456, amending various a provisions within the Kent City Code to correct errors and provide Q clarity in the City's zoning code and development regulations. a RESULT: MOTION PASSES [UNANIMOUS] Next: 12/13/2022 7:00 PM o MOVER: Marli Larimer, Councilmember 4 N SECONDER: Toni Troutner, Councilmember N AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner F. Resolution Establishing Fee Rates for 2023 - Adopt o 4- Economic and Community Development Deputy Director, Matt Gilbert Cn presented information regarding a resolution to establish fee rates for 2023. c MOTION: I move to repeal Resolution No. 2022 and adopt Resolution No. 2052, implementing new fees to be effective January 01, 2023. c RESULT: MOTION PASSES [UNANIMOUS] Next: 12/13/2022 7:00 PM a MOVER: Satwinder Kaur, Councilmember SECONDER: Zandria Michaud, Councilmember Q AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner r 0 c G. INFO ONLY: Consideration of Remote Meeting Attendance for Board and Commission Members Chief Administrative Officer, Pat Fitzpatrick initiated a discussion on the topic of considering remote meeting attendance for board and commission members. IT Director, Mike Carrington spoke on "Connected Conference Rooms Initiative" to support the City's hybrid remote work policy. IT will be working with Communications Manager, Patti Belle, to meet the more demanding needs of preparing the Council Chambers for updated remote meeting technology. IT will circle back with updates on accomplishments and timeline ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 3 of 5 Packet Pg. 5 Operations and Public Safety Committee CC Ops December 6, 2022 and PS Regular Meeting Kent, Washington Minutes perspective for the Council. Expected completion in 2nd Quarter of 2023. Fitzpatrick advised that current Ordinance doesn't allow for remote attendance. If desired, Law would need to draft an ordinance to address the temporary need of remote attendance. H. INFO ONLY: Amendment to Contract with Rimini Street Deputy Director of IT, Tara Duckworth presented information regarding an amendment to an existing contract with Rimini Street. I. Amendment #4 to Consultant Services Agreement with Robert Half International, Inc., for IT Temporary Staff — Authorize IT Project Management Office Manager, Brian Rambonga provided c information regarding the fourth amendment to the Consultant Services Agreement with Robert Half International, Inc. a MOTION: I move to authorize the Mayor to sign Amendment No. 4 to a the Consultant Services Agreement with Robert Half International, Inc., in an amount not to exceed the previously established budget of a 0 $740,000.00, through December 31, 2023, subject to final terms and conditions acceptable to the IT Director and City Attorney. N N O N RESULT: MOTION PASSES [UNANIMOUS] Next: 12/13/2022 7:00 PM ca MOVER: Zandria Michaud, Councilmember 0 SECONDER: Brenda Fincher, Councilmember o AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner a� J. INFO ONLY: October 2022 Financial Report Budget and Finance Manager, Michelle Ferguson presented the October 2022 a� Financial Report. Reviewed General Fund Revenues and Expenses and provided additional details on the Criminal Justice, Human Services, Sewer a Utility, Solid Waste Utility and Insurance funds. Q K. INFO ONLY: Third Quarter 2022 Investment Report r Cash and Investment Officer, Joe Bartlemay presented the Third Quarter E 2022 Investment Report. Reviewed Cash and Investments by type, quarterly interest earnings, cash and investments by fund, and the PFM Asset Management portfolio. Bartlemay closed by confirming the City is within the required sector allocations. 5. Adjournment 5:27 p.m. Council President Boyce adjourned the meeting. Kf ley K"icto- ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 5 Packet Pg. 6 Operations and Public Safety Committee CC Ops December 6, 2022 and PS Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... Committee Secretary c w O O L Q CQ G Q_ O O N N O N t0 V N O N N 3 C d v C R N v v a N N r 7 C ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 5 of 5 Packet Pg. 7 4.6 FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WAS"'N G T O N 253-856-5264 DATE: January 17, 2023 TO: Operations and Public Safety Committee SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills. SUMMARY: BUDGET IMPACT: SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 8 4.0 HUMAN RESOURCES DEPARTMENT Natalie Winecka, Interim Human Resources Director 220 Fourth Avenue South KENT Kent, WA 98032 WAS"'N G T O N 253-856-5270 DATE: January 17, 2023 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: 2023 Insurance Renewal Update SUMMARY: Briefing on the City's 2023 insurance program renewals: Excess Liability -The same Excess liability insurance market volatility we endured in our 2022 renewal continues for the 2023 edition. Loss development due to jury verdicts and lawsuit settlements continue to escalate in both size and volume. For 2023, premium increases by 21% over last year's from $1,142,946 to $1,377,319. This is the same percentage increase as last year. Unlike last year, there was no change to our Self-Insured Retention (like a deductible) which remains at $1.25M per occurrence. The City's total coverage remains at $25M, which is significant, considering ongoing market developments and municipal experience. A more detailed description of this program will be provided at the upcoming briefing. Excess Worker Compensation - This policy provides some good news in contrast to recent renewals. While there was a premium increase, it was only $2300, or 1.5%. All other aspects of the policy remain the same. Details regarding premium history and losses will be provided at the upcoming briefing. Cyber Risk - This market continues to see losses, particularly involving ransomware. Insurers are very concerned and continue to price risks accordingly. In Kent's case, our insurer has rewarded our implementation of Multi-Factor Authentication in early 2022. Premium remains $102,000 with no decreases in coverages or limits to the policy. This is a win, considering the market. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 9 4.D PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WAS"'N G T O N 253-856-5600 DATE: January 17, 2023 TO: Operations and Public Safety Committee SUBJECT: Agreement with Express Employment Professionals - Authorize MOTION: I move to authorize the Mayor sign a Consultant Services Agreement with Express Employment Professionals, in an amount not to exceed $125,000, for staffing services to support Sound Transit's Federal Way Link Extension project, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Sound Transit is constructing the Federal Way Link Extension (FWLE) which will extend its light rail system approximately 7.8 miles from the Angle Lake Station near Sea Tac Airport, through Kent, to Federal Way. The project includes three new stations and garages, two of which will be located within the City. The Kent-Des Moines Station and garage are located adjacent to 30th Ave. S. and the Star Lake Station and garage are located adjacent to S. 272nd Street just west of I- 5. Given the complexity and the duration of the FWLE project, maintaining continuity of staffing key positions is critical to understanding project history, processes and developing relationships with key positions within Sound Transit and it's contractors. Express Employment Professionals will provide the City with continuity in staffing for the FWLE Administrative Project Coordinator that city staff are familiar with and will maintain efficient processes for city staff. The existing FWLE project budget is available to fund this position. BUDGET IMPACT: None - Expenses are included within the Federal Way Link Extension Budget for staff time. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 10 4.D Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Express Employmet Contract (DOCX) Packet Pg. 11 4.D.a KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Express Employment Professionals N THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation ("City"), o and Express Employment Professionals organized under the laws of the State of Washington, located and doing business at 841 Central Avenue North #C-115, Kent, WA 98032 ("Consultant"). Q I. DESCRIPTION OF WORK. 0 Consultant shall provide temporary staff recruiting services by assigning temporary labor to the City I.T (the "Assigned Individual") to perform the following services for the City in accordance with the following c described plans and/or specifications: a r c m E Staffing and recruiting services in support of the City's needs for the Federal Way Link o Extension on an on-call, as needed basis as determined by the City and agreed upon by E Consultant. The specifics of the services provided will be confirmed in a Job Arrangement w Letter, in a form substantially similar to that attached and incorporated as Exhibit A, which w N will confirm details of the assignment of Consultant's Assigned Individual. The Job ;v Arrangement Letter acknowledges that the assignment is under the terms of a signed w agreement between the parties. 3 Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional recruiting practices in effect at the time those services are performed. L a 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. Consultant's Assigned Individual M shall complete the assignment to City described in Section I by December 31, 2023. �- U III. COMPENSATION. r c 0 A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $125,000, 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 and shall not be exceeded o without the prior written authorization of the City in the form of a negotiated and executed a amendment to this Agreement. The Consultant agrees that the hourly or flat rate charged by w it for its services contracted for herein shall remain locked at the negotiated rate(s) for a to period of one (1) year from the effective date of this Agreement. Upon City's approval, Iv Consultant may increase its rates provided under the Agreement to reflect increases in its x costs associated with higher taxes, including State Unemployment Taxes. The Consultant's w billing rate shall be invoiced at a rate of $56.11 per hour and, if applicable, overtime will be a billed at 1.0 times that rate. Assigned Individual will submit either an electronic time record E or a time sheet for City's verification and approval at the end of each week. c� 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 payment within forty-five (45) 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 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. EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 12 4.D.a IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work as a recruiting firm, the City being interested only in the results obtained under this Agreement, provided that staff responsible for items in Exhibit A must be familiar with the design build process and city processes specifically related to Sounds Transit's N Federal Way Link Extension Project. 0 B. The Consultant maintains and pays for its own place of business from which Q Consultant's services under this Agreement will be performed. c C. The Consultant has an established and independent business that is eligible for a •2 business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently o established trade, occupation, profession, or business of the same nature as that a r involved under this Agreement. m E D. The Consultant is responsible for filing as they become due all necessary tax o documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. w N N E. The Consultant has registered its business and established an account with the state a Department of Revenue and other state agencies as may be required by Consultant's w business and has obtained a Unified Business Identifier (UBI) number from the State of Washington if applicable to Consultant. 3 c F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. a� m L V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon a 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 M Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. r c 0 VI. 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 E Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national o origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who C- is qualified and available to perform the work to which the employment relates. Consultant shall execute w the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy y 1.2. m L Q x VII. INDEMNIFICATION. Consultant shall defend, indemnify, and hold the City, its officers, w officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or a suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's E negligent performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. a The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property CONSULTANT SERVICES AGREEMENT (STAFFING)- 2 (Over$20,000) Packet Pg. 13 4.D.a 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 negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. N L 0 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 Q 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 c reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal •2 on the Consultant's part. 0 L The provisions of this section shall survive the expiration or termination of this Agreement. a r c m VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, E insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. o a IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable W accuracy of any information supplied by it to Consultant for the purpose of completion of the work under y this Agreement. L a x LU X. 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 3 shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to a the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant a, agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Q Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project rn by anyone other than Consultant on any other project shall be without liability or legal exposure to M Consultant. U XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with c the authority to control and direct the performance and details of Consultant's work as a recruiting firm o 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 E the Assigned Individual providing services to City with day-to-day oversight and direction. o Q. XII. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. Consultant shall W take all necessary precautions and shall be responsible for the safety of its employees, agents, and y subcontractors in the performance of the contract work and shall utilize all protection necessary for that L purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss w 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 to perform services outside of the a scope of their assignment. E XIII. MISCELLANEOUS PROVISIONS. Q A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. CONSULTANT SERVICES AGREEMENT (STAFFING)- 3 (Over$20,000) Packet Pg. 14 4.D.a B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements, or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means m of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules N 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 Q 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 c right to indemnification under Section VII of this Agreement. 0 .N N N D. Written Notice. All communications regarding this Agreement shall be sent to the parties at o the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written a r notice shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement E or as otherwise specified in accordance with this Section XIII.D. o a E. Assignment. Any assignment of this Agreement by either party without the written consent w of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, y the terms of this Agreement shall continue in full force and effect and no further assignment shall be made a without additional written consent. w F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement 3 shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. a� G. Entire Agreement. The written provisions and terms of this Agreement, together with any m Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative a, 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 rn Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any M language contained in this Agreement, the terms of this Agreement shall prevail. U M H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal c 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. E 0 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, w emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may y be subject to public review and disclosure, even if those records are not produced to or possessed by the L City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties x and obligations under the Public Records Act. w c a� J. City Business License Required. Prior to commencing the tasks described in Section I, E Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 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 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. CONSULTANT SERVICES AGREEMENT (STAFFING)- 4 (Over$20,000) Packet Pg. 15 4.D.a IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: N O t By: By: (signature) Q (signature) Print Name: Dana Ralph76 Print Name: Its Mayor c Its (title) DATE: y DATE: o L Q. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: m E CONSULTANT: CITY OF KENT: o a ITA(a)kentwa.gov w City of Kent y 220 Fourth Avenue South Kent, WA 98032 w (253) 856-4600 (telephone) 3 (253) 856-4700 (facsimile) c a� E a� m L APPROVED AS TO FORM: Q rn v M Kent Law Department U L O U m E O Q. E W N N N L Q x w c a� E c� a CONSULTANT SERVICES AGREEMENT (STAFFING)- 5 (Over$20,000) Packet Pg. 16 4.D.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY (i N The City of Kent (City) is committed to conform to Federal and State laws regarding equal o 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 Q City's equal employment opportunity policies. c The City of Kent and its contractors are subject to and will comply with the following: •N N N • 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); a c a� • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs o Of The Department Of Transportation-Effectuation Of Title VI Of The Civil a Rights Act Of 1964); w N N • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement a of Title VI of the Civil Rights Act of 1964). w • Ch. 49.60 RCW (Washington Law Against Discrimination) 3 c a� E The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and 0 Regulations". a 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 misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the 0 City's sole determination regarding suspension or termination for all or part of the Agreement. E, 0 0. The statements are as follows: E w N 1. I have read the attached City of Kent administrative policy number 1.2. L a x 2. During the time of this Agreement I will not discriminate in employment on the basis of w sex, race, color, national origin, age, or the presence of all sensory, mental or physical 5 disability. E 3. During the time of this Agreement I, the prime contractor, will provide a written a statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 17 4.D.a 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: N 0 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and Q the Regulations relative to non-discrimination, including those applicable to Federally-assisted programs of the U.S. Department of Transportation, State- c assisted programs through the Washington State Department of •2 Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein a incorporated by reference and made a part of this contract. a� B. Non-discrimination: The contractor, with regard to the work performed by o it during the contract, will not discriminate on the grounds of race, color, or E national origin in the selection and retention of subcontractors, including w procurements of materials and leases of equipment. The contractor will not y participate directly or indirectly in the discrimination prohibited by the Acts and a the Regulations, including employment practices when the contract covers any w activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3 C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or E negotiation made by the contractor for work to be performed under a ;v subcontract, including procurements of materials, or leases of equipment, each a potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations M relative to non-discrimination on the grounds of race, color, or national origin. U M D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant L) thereto and will permit access to 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 Department of 2 CL Transportation to be pertinent to ascertain compliance with such Acts and E Regulations and instructions. Where any information required of a contractor y is in the exclusive possession of another who fails or refuses to furnish the ;v information, the contractor will so certify to the City or the Washington State w Department of Transportation, as appropriate, and will set forth what efforts it ; has made to obtain the information. E E. Sanctions for Noncompliance: In the event of a contractor's noncompliance c with the non-discrimination provisions of this contract, the City will impose a such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: EEO COMPLIANCE DOCUMENTS - 2 (Over$20,000) Packet Pg. 18 4.D.a a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of N paragraphs (A) through (F) above in every subcontract, including o procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will Q take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of c enforcing such provisions including sanctions for noncompliance. Provided, •2 that if the 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. a In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. o a 6. During the performance of this contract, the contractor, for itself, its assignees, and E LU successors in interest agrees to comply with the following non-discrimination statutes y and authorities; including but not limited to: a x w r Pertinent Non-Discrimination Authorities: 3 .W c i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), E W (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 0 21. a 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 M 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); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, o (prohibits discrimination on the basis of disability); and 49 CFR Part 27; a E V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), w N (prohibits discrimination on the basis of age); L vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as x amendedorigin,rohibits discrimination based on race creed color national or w sex); 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 Section 504 of the Rehabilitation Act of 1973, by a expanding the definition of the terms "programs or activities" to include all of the EEO COMPLIANCE DOCUMENTS - 3 (Over$20,000) Packet Pg. 19 4.D.a programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); 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 a� transportation systems, places of public accommodation, and certain testing entities i (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; Q ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) v, (prohibits discrimination on the basis of race, color, national origin, and sex); o X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority y Populations and Low-Income Populations, which ensures Non-discrimination against c minority populations by discouraging programs, policies, and activities with a disproportionately high and adverse human health or environmental effects on minority and low-income populations; o xi. Executive Order 13166, Improving Access to Services for Persons with Limited E English Proficiency, and resulting agency guidance, national origin discrimination w includes discrimination because of Limited English proficiency (LEP). To ensure a compliance with Title VI, you must take reasonable steps to ensure that LEP persons - have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); w xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from 3 discriminating because of sex in education programs or activities (20 U.S.C. 1681 et a seq). E xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) a 8. The submission of the final invoice for this contract will constitute a o; reaffirmation that the preceding statements were complied with during the course of the M contract's performance. U L By signing below, I agree to fulfill the five requirements referenced above. 0 U m By. o Q. For: E w N N Title: 0_ x Date: ``� c a� E a EEO COMPLIANCE DOCUMENTS - 4 (Over$20,000) Packet Pg. 20 4.D.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 N 0 a SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 0 .N APPROVED BY Dana Ralph, Mayor a r c POLICY: 0 Equal employment opportunity and non-discrimination in contracting a requirements for the City of Kent will conform to federal and state laws. All w contractors, subcontractors, consultants, and suppliers of the City must y guarantee equal employment opportunity within their organization and, if a holding Agreements with the City amounting to $10,000 or more within any w given year, must take the following affirmative steps: 3 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. E a� L 2. Actively consider for promotion and advancement available minorities a 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 Declaration, prior to commencing performance. L) a� Any contractor, subcontractor, consultant or supplier who willfully disregards ;, the City's nondiscrimination and equal opportunity requirements shall be 2CL considered in breach of contract and subject to suspension or termination for E all or part of the Agreement. y a� L Contract Compliance Officers will be appointed by the Directors of Planning, x LU Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. E 1. Ensuring that contractors, subcontractors, consultants, and suppliers a subject to these regulations are familiar with the regulations and the a City's equal employment opportunity policy. EEO COMPLIANCE DOCUMENTS - 5 (Over$20,000) Packet Pg. 21 4.D.a 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a� N �L O Q O .N y O O L Q_ E O Q E W N O L Q K W E 4) W L Q r M V R L O U d E O Q E W N N O L Q K W E V R a EEO COMPLIANCE DOCUMENTS - 6 (Over$20,000) Packet Pg. 22 4.D.a EXHIBIT A Date (i N CONTACT NAME 0 COMPANY NAME Job Order Number: Job Order # Q STREET ADDRESS 1 ' STREET ADDRESS 2 OR CITY, ST ZIP CITY, ST ZIP OR SPACE IF NOT REQUIRED o .N N N O L Q. Dear CITY OF KENT, E O a Alix Lu will be completing the duties contained within Exhibit A as an E Administrative Project Coordinator. y N N L As agreed, we will invoice the City at the rate of $56.11 per hour. If applicable, x overtime will be billed at 1.0 times such rate. Federal law defines overtime as w hours in excess of 40 hours per week, state laws may vary. Applicable sales and 3 service taxes shall be added to all invoices. Our professional will submit either c a time sheet or an electronic time record for verification and approval at the end E of each week. Your approval thereby will indicate your acceptance of the terms herein. a We acknowledge that Express Employment Professionals and the City of Kent have a signed agreement. The terms of the signed agreement, along with the M terms of this letter, shall govern the services provided by such employee or consultant at the City of Kent. r c O Alix Lu will perform the duties of an Administrative Project Coordinator for the Federal Way Link Extension project as summarized: E O 0. • Provide administrative and coordination support to City of Kent project E team as needed with Staff from all applicable departments w N • Act as point of contact to client, contractor, and City of Kent project L team for administrative and process questions related to permitting X- and revisions w • Provide instructions to Permit Center Staff to complete intake/processing of submittals specific to the design build process E • Act as a direct point of contact to the Permit Center staff if there are questions related to design submittals, revisions, and location of work a areas specific to the FWLE design build project • Participate in comment resolution meetings with City Liaisons to work through issues resulting from City review of the design submittals CONSULTANT SERVICES AGREEMENT (STAFFING) - 1 (Over$20,000) Packet Pg. 23 4.D.a • Track progress and provide consolidate comments from all City Reviewers • With City Liaisons, tracks progress of all design packages, permit revisions • Review of 5-week schedule on a weekly basis with city staff to help N with coordination of all aspects of the project from design to 0 construction • Participate in pre-project closeout and inspection meetings with client, Q contractor, and City of Kent team • Maintain all applicable project records on the S:Drive and within o shared City-Contractor Bluebeam project folder y • Provides coordination and scheduling of project meetings for City of c Kent project team a r c a� Necessary Tasks after construction: ;, • Coordinate with staff to maintain all applicable project records on the a S:Drive; file transfers from shared City-Contractor Bluebeam project w folder to the S:Drive - all initial packages and NDCs/FDCs y • Civil construction inspection coordination and sign off within the a permitting system w • Coordinate with staff to track and retain as-builts - reflective of different permit packages/revisions issued 3 • Coordinate with City Staff to ensure all conditions being met as tracked in the spreadsheet for all permit packages and revisions E • Provide administrative assistance with tracking street vacations and dedications a rn M Please do not hesitate to contact us if you have any questions or we can be of additional service. We look forward to working with you. r Sincerely, c U m CONSULTANT NAME E 0 0. E w N N N L Q x w c a� E c� a CONSULTANT SERVICES AGREEMENT (STAFFING) - 2 (Over$20,000) Packet Pg. 24 4.D.a EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance 0 The Consultant shall procure and maintain for the duration of the Agreement, Q 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 o subcontractors. N ! A. Minimum Scope of Insurance 0 r Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- 2 owned, hired and leased vehicles. Coverage shall be written E on Insurance Services Office (ISO) form CA 00 01 or a w substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide a contractual liability coverage. w Commercial General Liability insurance shall be written on 3 ISO occurrence form CG 00 01. The City shall be named as c an Additional Insured under the Consultant's Commercial E General Liability insurance policy with respect to the work performed for the City using ISO additional insured a endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. M 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. U L B. Minimum Amounts of Insurance c U m Consultant shall maintain the following insurance limits: E, 0 1. Automobile Liability insurance with a minimum combined E single limit for bodily injury and property damage of w $1,000,000 per accident. L Q 2. Commercial General Liability insurance shall be written with x w limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. E a CONSULTANT SERVICES AGREEMENT (STAFFING) - 3 (Over$20,000) Packet Pg. 25 4.D.a EXHIBIT B (Continued) C. Other Insurance Provisions F N The insurance policies are to contain, or be endorsed to contain, the following o provisions for Automobile Liability and Commercial General Liability insurance: Q 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool o coverage maintained by the City shall be excess of the Consultant's y insurance and shall not contribute with it. ! L 2. The Consultant agrees to provide at least 30 days' notice to the City in the event Consultant's insurance coverage is being cancelled or substantially modified (e.g. a new carrier). o a 3. The City of Kent shall be named as an additional insured on all policies w (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as L additional insured shall be attached to the Certificate of Insurance. The X- City reserves the right to receive a certified copy of all required insurance w policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each 3 insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. E a� a� L D. Acceptability of Insurers a Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. M E. Verification of Coverage i r c Consultant shall furnish the City with original certificates and a copy of the L) amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of E, the Consultant before commencement of the work. 2 Q. E w F. Subcontractors y as L Q Consultant shall include all subcontractors as insureds under its policies or w 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. a CONSULTANT SERVICES AGREEMENT (STAFFING) - 4 (Over$20,000) Packet Pg. 26 4.E CORRECTIONS Commander Diane McCuistion 40 1230 Central Avenue South K070 ENT Kent, WA 98032 WAS"'N G T O N 253-856-5960 DATE: January 17, 2023 TO: Operations and Public Safety Committee SUBJECT: Agreement with Summit Food Services Management, LLC for Food Services at the Kent Correctional Facility - Authorize MOTION: I move to authorize the Mayor to sign a 5-year contract with Summit Food Services Management, LLC 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: The City currently contracts with Summit Food Services for food services at the jail. Summit previously 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. The City and Summit had agreed to a temporary extension of services, at increased prices, to give the City an opportunity to seek other proposals. After reviewing proposals from other potential service providers, the City began negotiations with Aramark. However, the City and Aramark could not agree to terms. The City then began negotiations with the City's current food service provider, Summit, for a new, 5-year contract. While the cost of Summit's services have increased significantly due to market conditions, the ultimate terms of the contract and the cost of services are acceptable to the City. In October of each year, 2023, the cost of services will increase by the greater of the percentage change in the Consumer Price Index-Food Away from Home (FAH) index, or the Market Baskets of Products index. For 2023, the Market Baskets of Products index was 14.1%, while the CPI-FAH index was 8.5%. BUDGET IMPACT: No budget increase. Annual budget is $491,520. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 27 4.E ATTACHMENTS: 1. Summit Food Services Agreement (PDF) Packet Pg. 28 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a 0 KENT a� t GOODS & SERVICES AGREEMENT between the City of Kent and Summit Food Services Management, LLC N 0 0 THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation ul: (hereinafter the "City"), and Summit Food Services Management, LLC organized under the laws of the State ° of New Mexico, located and doing business at 500 East 52nd Street North, Sioux Falls, South Dakota 57104 � (hereinafter the "Vendor"). J r c m AGREEMENT E 0 a� I. DESCRIPTION OF WORK. c The Vendor shall provide the following goods and materials and/or perform the following services for the City: a� Vendor shall provide food and food preparation services to the City of Kent Corrections Facility c ("CKCF") in order to feed inmates and corrections staff, each day of the week for the term of U- this Agreement. Inmates shall be served no less than three meals per day, which shall contain 3000 total calories per day. The following shall apply to Vendor's services: E Locations and Hours: Vendor shall provide food service to inmates, staff and others as designated by City on the premises, on such days and such times as City shall prescribe. 3 Vendor shall not use the CKCF for preparation of food that is to be served at any location c other than CKCF, unless CKCF gives written permission to do so. E m as Menu: The menu and menu cycle to be provided by Vendor is attached as Exhibit A, and is t incorporated herein by this reference. The menu may be changed, with prior written notification, approved by Vendor's nutritionist, comparable or higher in monetary value and c by agreement of all the parties. Vendor shall serve to inmates a cold breakfast. The cold M breakfast shall be trayed or bagged the night before by Vendor staff and shall be served by City staff the following morning. E (D Staff Meals: Vendor shall provide staff meals as requested at the same rate as inmate meals. ;v Staff meals will be prepared by Vendor employees, not inmate labor. A staff menu will be Q posted for each meal daily. City will note staff meal requests on meal count sheets. Vendor will only charge City for staff meals if the 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, grounds/beans, filters, U) sugar, liquid creamer and disposable cups. o U- Vendor Labor: Vendor shall have the exclusive right to hire employees to provide the services called for in this Agreement, subject to the terms of a background check performed on by E employees who must enter the CKCF. Upon City's request, Vendor shall remove any work site in employee who has engaged in inappropriate conduct or has violated one of the rules and r regulations established by City to maintain the good order and operations of the CKCF. E Inmate Labor: Vendor shall utilize inmate workers provided by City. City shall provide a minimum of two (2) inmates and a maximum of six 6 inmates for labor each meal period. Q GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Packet Pg. 29 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a Bagged Meals: Vendor shall provide bagged meals as requested by the City. c Medical Meals and Religious Meals: Vendor shall provide meals to accommodate medical and Y religious needs as provided for by Exhibit B and as requested by City. r Products: Vendor shall purchase food, products and supplies necessary to comply with v0, 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 0 Compliance with Food Safety Laws: Vendor shall comply with all federal, state and local �0 regulations governing the preparation, handling and serving of food, and Vendor shall post all o permits or licenses as required by law. Vendor shall immediately notify City in the event it v determines that it is not in compliance with any state or federal law or regulation. If at any J J 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 accomplish the foregoing. E a� 0 Cleaning: Vendor shall perform routine cleaning and housekeeping in the food preparation and service areas to include: cleaning walls, floors, freezer, fridge and fixtures. City shall perform major cleaning including, without limitation, stripping and waxing floors, electric light fixtures, grease traps, hoods and vents, duct work, plenum chambers and roof fans throughout the CKCF as deemed necessary by the City. in Right to Review: It is understood that City reserves the right to review and inspect the food °o service program performed by Vendor with respect to the quality and quantity of food served, U_ and the sanitation of equipment and facilities, at any time. E E Emergency Plan and Supply: In the event of an emergency, City shall assist Vendor by in permitting reasonable variations in Vendor's menu cycle and service methods. However, Vendor shall not be relieved of its responsibility to provide meal service under the terms of 3 r this Agreement. The term "emergency,"as used in this section, means dire circumstances not m within the control of the party whose performance is interfered with, and which by reasonable E diligence such party is unable to prevent or mitigate, such as: pandemic, war, riot or other disaster, strike or other work stoppage, act of terrorism, fire, flood or volcanic eruption. By a the completion of the first quarter of 2023, Vendor shall submit a contingency emergency plan to provide for meal service in the event of an emergency. Vendor shall be responsible Q for maintaining at the CKCF a minimum of seven (7) days non-perishable food stocks, to be used in case of an emergency. These stocks must meet the requirements of food services and emergency menu substitutions. 0 E a� 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 Q by City administration through a mutually agreed upon process and at mutually agreed upon prices for such services. a� U) 0 0 The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, r materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. E II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services during the Term of this agreement. This agreement shall be effective February 1, 2023 and shall expire on February 1, 2028 (the "Term"). Vendor may continue to provide the goods and services called for in this Agreement after the Term of this a GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) Packet Pg. 30 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a Agreement, and if Vendor does, such goods and services shall be provided pursuant to an amendment to this Agreement on terms and at prices to be mutually agreed upon by the City and Vendor. c III. COMPENSATION. The City shall pay the Vendor an amount not to exceed an agreed per- Y meal amount as set forth in Exhibit C which is inclusive of sales tax. The cost of each meal is dependent on the number of inmates 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 will be dependent on the number of meals served at the rates set forth in Exhibit C. The Vendor shall submit a weekly invoice to the City, including U applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this i-I Agreement. The City shall pay the Vendor the following amounts according to the following schedule: in 0 0 U_ The per meal prices stated in this Agreement are firm for the period beginning on the Effective o Date, February 1, 2023 and ending on February 1, 2028. Per meal prices for each subsequent v 12-month period shall be increased as further set forth below, by the greater of the (a) yearly J percentage change in the Consumer Price Index, All Urban Consumers, U.S. City Average, Food Away From Home Index ("CPI-FAH"), published by the U.S. Department of Labor and a (b) the yearly percentage change in the Market Basket of Products (as defined below) which E approximate the products served at the facilities covered by this Agreement (the "Client � 0 Menu"). The period for determining CPI-FAH and Market Basket of Products increases shall be October of the immediately preceding year to October of the then-current year (the "Base � Period"). It shall be the sole responsibility of the Vendor to notify the City of the new rate, prior to the new year or the rate will remain unchanged. a� As set forth on the sample client statement attached as Exhibit D, a copy of which shall be N provided prior to implementing any agreed upon price adjustments pursuant to this section, °o the "Market Basket of Products" represents categories or types of products that are generally U_ used in the Client Menu. Such products are classified into the following six categories of food E items (each, a "Menu Category"): beverage (composed of juice and non-alcoholic drinks E other than milk); baked goods; produce (composed of fruits and vegetables); dairy; meat; cn and grocery items (composed of the food items in the menu that are not otherwise included in one of the preceding categories). Each Menu Category will be ascribed a percentage (the 3 r "Category Weighting") representing the proportion of the Client Menu that such Menu Category approximately represents based on purchasing levels during the Base Period. Each E Category Weighting will then be multiplied by the percentage change in the corresponding Bureau of Labor Statistics ("BLS") category compiled by the U.S. Department of Labor and a published at www.bis.gov for the Base Period, and the results of each such calculation will be added together to arrive at the overall percentage change which will represent the Market Q Basket of Products. For the avoidance of doubt, the BLS categories to be multiplied by the Category Weightings are (1) Beverage, All Urban Consumers, U.S. City Average; (2) Baked Goods, All Urban Consumers, U.S. City Average; (3) Produce, All Urban Consumers, U.S. City 0 Average; (4) Dairy, All Urban Consumers, U.S. City Average; (5) Meat, All Urban Consumers, U.S. City Average; and (6) Food, All Urban Consumers, U.S. City Average. In the event that there are any changes in the method in which the BLS reports its annual statistics, including Q any changes or modifications to any of the applicable BLS categories, the parties agree to negotiate a mutually agreeable modification to the appropriate Market Basket of Products category or categories or the methodology described above. If the parties do not agree on as such a modification, Vendor shall have the right to terminate the Agreement upon 90 days' 'a prior written notice. The Market Basket of Products is designed to approximate price o adjustments with product cost increases at the facility or facilities covered by this Agreement. '_ r The Market Basket of Products is an estimate of food costs only and actual costs may vary. E While the Menu Categories attempt to approximate the products served at the facility or E facilities covered by this Agreement, they may not precisely parallel actual usage or the BLS cn categories listed above. m Please refer to Exhibit E for an example of the Market Basket of Products calculation. 0 a GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) Packet Pg. 31 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a Vendor shall submit a weekly invoice to City for payment. City shall provide payment within thirty days of receipt of an invoice. c If City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option Y to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effor to settle the disputed portion. as as Card Payment Program. The Vendor may elect to participate in automated credit card payments 0 provided for by the City and its financial institution. This Program is provided as an alternative to payment �0 by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this o Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card v companies. The Vendor shall not charge those fees back to the City. J r If the City objects to all or any portion of an invoice, it shall notify the 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 E effort to settle the disputed portion. c 0 A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the a Vendor for any defective or unauthorized goods, materials or services. If the Vendor is a unable, for any reason, to complete any part of this Agreement, the City may obtain the •2 goods, materials or services from other sources, and the Vendor shall be liable to the City for a, any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement °o price specified above. The City further reserves its right to deduct these additional costs U- incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. E B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL _ CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND 3 IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. E m as L IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- a 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: c It M A. The Vendor 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. E a� B. The Vendor maintains and pays for its own place of business from which the Vendor's CD services under this Agreement will be performed. Q a� C. The Vendor has an established and independent business that is eligible for a business •2 deduction for federal income tax purposes that existed before the City retained the a) Vendor's services, or the Vendor is engaged in an independently established trade, U) occupation, profession, or business of the same nature as that involved under this o Agreement. U- r E D. The Vendor is responsible for filing as they become due all necessary tax documents E with appropriate federal and state agencies, including the Internal Revenue Service y and the state Department of Revenue. m E. The Vendor has registered its business and established an account with the state � Department of Revenue and other state agencies as may be required by the Vendor's a GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) Packet Pg. 32 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. c F. The Vendor maintains a set of books dedicated to the expenses and earnings of its Y business. r V. 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 this Agreement. a� VI. CHANGES. The City may issue a written amendment for any change in the goods, materials o or services to be provided during the performance of this Agreement. If the Vendor determines, for any 0 reason, that an amendment is necessary, the Vendor must submit a written amendment request to the o person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar v days of the date the Vendor knew or should have known of the facts and events giving rise to the requested J change. If the City determines that the change increases or decreases the Vendor's costs or time for r performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach a agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the E City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must •2 complete the amended work; however, the Vendor may elect to protest the adjustment as provided in in subsections A through E of Section VIII, Claims, below. 0 0 The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate U- acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract E time and for direct, indirect and consequential costs, including costs of delays related to any work, either cn covered or affected by the change. 3 VII. 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, E or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or a delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent a 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 CD state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. a)If any future performance is prevented or delayed by a force majeure event, the party whose a� performance is prevented or delayed shall promptly notify the other party of the existence and nature of Q the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be a effective only to the extent and duration of the force majeure event causing the prevention or delay in •2 performance and, provided, that the party prevented or delayed has not caused such event to occur and rn continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. 0 0 Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City u- r shall not be liable for, the payment of any part of the contract price during a force majeure event, or any 'E costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. E Performance that is more costly due to a force majeure event is not included within the scope of this Force cn Majeure provision. m If a force majeure event occurs, the City may direct the Vendor to restart any work or performance � that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from Q GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) Packet Pg. 33 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a 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 Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the a Vendor. 1 as VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the � claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts (n or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for o any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed 0 to have been waived by the Vendor unless a timely written claim is made in strict accordance with the o applicable provisions of this Agreement. v J At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items r 1 through 5 below. E a) FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. aNi A. Notice of Claim. Provide a signed written notice of claim that provides the following cn information: 0 0 1. The date of the Vendor's claim; U- 2. The nature and circumstances that caused the claim; E 3. The provisions in this Agreement that support the claim; E 4. The estimated dollar cost, if any, of the claimed work and how that estimate in was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption 3 if the Vendor is asserting a schedule change or disruption. E B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result a of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. a LO 0 The City will evaluate all claims, provided the procedures in this section are followed. If the M City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. a, C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed aD promptly to provide the goods, materials and services required by the City under this Q Agreement. U D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor 4) also waives any additional entitlement and accepts from the City any written or oral order U) (including directions, instructions, interpretations, and determination). 0 0 U- r E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this '! section, the Vendor completely waives any claims for protested work and accepts from the E City any written or oral order (including directions, instructions, interpretations, and in determination). r c m 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 CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. Q GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) Packet Pg. 34 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work a provided under this Agreement in accordance with the provisions of this Agreement. In addition to any 1 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. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have it known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or in discovery of the defect. In the event any part of the goods are repaired, only original replacement parts o shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for 0 that portion of the work shall extend for an additional year beyond the original warranty period applicable o to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its v receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a J reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. E a) XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national M 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 Vendor shall execute u- the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative in Policy 1.2. 0 0 XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, U- officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or E suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's E performance of this Agreement, except for that portion of the injuries and damages caused by the City's cn negligence. •3 The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. E as L IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION a PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made a 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 Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable Q attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. a� The provisions of this section shall survive the expiration or termination of this Agreement. U) 0 0 XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, U- r insurance of the types and in the amounts described in Exhibit F attached and incorporated by this reference. E E XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions in and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor 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. +c a GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) Packet Pg. 35 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price 1 preference may be available for any designated recycled product. r B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the N 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 it covenants, agreements or options, and the same shall be and remain in full force and effect. in 0 C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and 0 construed in accordance with the laws of the State of Washington. If the parties are unable to settle any o dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means v of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules J 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 E 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 XII of this Agreement. as 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 cn 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 00 Agreement or such other address as may be hereafter specified in writing. '_ E E. Assignment. Any assignment of this Agreement by either party without the written consent E of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, in the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 3 r c m 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 Vendor. a� G. Entire Agreement. The written provisions and terms of this Agreement, together with any a Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative o of the City, and such statements shall not be effective or be construed as entering into or forming a part of M 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 as language contained in this Agreement, the terms of this Agreement shall prevail. a� L H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal Q laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's a business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of •2 the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the 0 0 Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, u- emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be 'tr subject to public review and disclosure, even if those records are not produced to or possessed by the City E of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and in obligations under the Public Records Act. as 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 c Kent City Code. Q GOODS & SERVICES AGREEMENT - 8 (Over$20,000, including WSST) Packet Pg. 36 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.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 a this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page 1 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 2-0 to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed in to have applied. o 0 u_ VENDOR: CITY OF KENT: o w Signed by: U LL —�c�ulcv By: By: B25DDB6CCA9F4F8._ � Brittany Mayer-Schuler Print Name: Print Name: Dana Ralph E a� Its President Its Mayor 12/29/2022 DATE: DATE: aNi U a� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 0 0 VENDOR: CITY OF KENT: U- E Tim Bucknell Diane McCuistion E 0 Summit Food Service Management, LLC City of Kent 500 East 52nd Street North 220 Fourth Avenue South Sioux Falls South Dakota 57104 Kent WA 98032 3 c m 971-218-3032 (telephone) (253) 856-5964 (telephone) E (facsimile) (253) 856-6961 (facsimile) 9), Q APPROVED AS TO FORM: LO 0 M a+ C Kent Law Department E a� ATTEST: Q rn a� U Kent City Clerk 0 0 u_ r A[In this field,you may enter the electronic filepath where the contract has been saved] E E 7 r C E L V a+ a+ a GOODS & SERVICES AGREEMENT - 9 (Over$20,000, including WSST) Packet Pg. 37 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY Y a� t r 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. in 0 The City of Kent and its contractors are subject to and will comply with the following: U° L 12 • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. U 252), (prohibits discrimination on the basis of race, color, national origin); � • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs E Of The Department Of Transportation-Effectuation Of Title VI Of The Civil 0, Rights Act Of 1964); • 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). a� • Ch. 49.60 RCW (Washington Law Against Discrimination) o 0 U_ The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and E Regulations". The following statements specifically identify the requirements the City deems necessary for any '3 contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of a all of the following is required for this Agreement to be valid and binding. If any contractor, E subcontractor, or supplier willfully 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 a regarding suspension or termination for all or part of the Agreement. LO 0 It The statements are as follows: c 1. I have read the attached City of Kent administrative policy number 1.2. E as L 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, Q race, color, national origin, age, or the presence of all sensory, mental or physical disability. 02 U 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 o employer. �0 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and E promotion of women and minorities. in r 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: a EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 38 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted Y programs through the Washington State 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 herein incorporated by reference and made a part of this contract. a� B. Non-discrimination: The contractor, with regard to the work performed by it o during the contract, will not discriminate on the grounds of race, color, or national U° origin in the selection and retention of subcontractors, including procurements of w materials and leases of equipment. The contractor will not participate directly or J 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. E a� C. Solicitations for Subcontracts, Including Procurements of Materials and 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 materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this in contract and the Acts and the Regulations relative to non-discrimination on the o grounds of race, color, or national origin. U° E D. Information and Reports: The contractor will provide all information and reports E required by the Acts and Regulations and directives issued pursuant thereto and will cn permit access to 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 3 Washington State Department of Transportation to be pertinent to ascertain a 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 contractor will so certify to the City or the a Washington State Department of Transportation, as appropriate, and will set forth o what efforts it has made to obtain the information. It c 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 a sanctions as it or the Washington State Department of Transportation may Q determine to be appropriate, including, but not limited to: a� U a. withholding payments to the contractor under the contract until the contractor complies; and/or U) b. cancelling, terminating, or suspending a contract, in whole or in part. o U_ F. Incorporation of Provisions: The contractor will include the provisions of E 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 the City or the Washington State Department of E Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, Q EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 39 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a 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 interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: a� 0 Pertinent Non-Discrimination Authorities: _ L i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), U (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part __JJ 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, E tM (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); a iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination 2 on the basis of sex); in iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, o 0 (prohibits discrimination on the basis of disability); and 49 CFR Part 27; U_ V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), E (prohibits discrimination on the basis of age); 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 .3 sex); 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 a Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by LO expanding the definition of the terms "programs or activities" to include all of the CD programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination 4) on the basis of disability in the operation of public entities, public and private C transportation systems, places of public accommodation, and certain testing entities a (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation •2 regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) o (prohibits discrimination on the basis of race, color, national origin, and sex); U° X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority E Populations and Low-Income Populations, which ensures Non-discrimination against E minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; a EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 40 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure Y compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to 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 '2 seq). in xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) o 0 U- 7. The submission of the final invoice for this contract will constitute a reaffirmation that the o w preceding statements were complied with during the course of the contract's performance. J J By signing below, I agree to fulfill the five requirements referenced above. a� DocuSigned by: !_ a� y: -F For: Summit Food Service, LLC Title: President y Date: lz/za/zozz 0 0 E E 0 3 r c m E m as L Q LO 0 It M a+ C N E N N L Q N V U) 0 0 U- E E r.+ c� E V a EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 41 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a CITY OF KENT ADMINISTRATIVE POLICY c as Y a� t r NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 as a� 0 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 U- L W APPROVED BY Dana Ralph, Mayor J J POLICY: c as E 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 a take the following affirmative steps: a� 1. Provide a written statement to all new employees and subcontractors indicating o commitment as an equal opportunity employer. �0 2. Actively consider for promotion and advancement available minorities and women. E 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 3 Policy Declaration, prior to commencing performance. E a) Any contractor, subcontractor, consultant or supplier who willfully disregards the City's a� nondiscrimination and equal opportunity requirements shall be considered in breach of contract a and subject to suspension or termination for all or part of the Agreement. o It M Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. E as L 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these Q regulations are familiar with the regulations and the City's equal employment opportunity 4 policy. a� U) 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. o 0 U- r E E 0 r c m E 0 a EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 42 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a c a� Y a� t r c� m v a� N 0 0 LL L O W V J J r C d E 0 R C N d V EXHIBIT A 0 0 U- E E 3 r c m E m as L Q LO 0 It M a+ C N E N N L CD Q (n w V U) 0 0 U- E E E V a Packet Pg. 43 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a r C L y L L G y y L u L L 3 L L 0 0 u v 0 = = 0 v 0 � 010 A,W ` e-I ei e-I e-I •-I ei a-1 N e-I N e-I M m 1 1 N W C Y .. wm d w o d 9 d m am+ y LL O L C u — d y p d A V LL y .LL ` O y m N U d > C m y ' O y O C C m 9 y w u a > n d o C w a a m m m c w v ++ c Ptw 6 y > s y 0 @ !� n N c +• m v C v a o m fC U 36 m c c c x m U m L 2 x LY LL m m O ul 0 C lL lL C 7 C C C 7 u C u u u C u u u 8 u u u u I o I^ \ u d \ d \ N \ O W O N O O N W N N a-I 00 m M N .••I ei .Y .� m O r 9 9 LL en U O U C y iV U L w m a'1 m > d w m > d O (� — v y ' u — d LL emo m° C7 — d m m w m W y y cm O y 0 m ` LL Y O U C Y C C'401C 01 O Vf C O C C C 9 01 W J v u 9 w m m o m s - 'w o 0 o v m w v J c m c `m c ccm off° x c c`m c c m 3 y Z y m c Cm o a m um u x U C a-I F {A O G U LL U VI M O C LL LL L L U L C L L C U L 7 3 C U L L m m a m m m = m m u a m N m a u m a ° a o of fC � 'a c - m L m W U LM W U Vl w A V d mho M G d d a m m m m LL 10 - l7 'O m y o c LL p u y N w m N 9 y m a0+ 01 "C W U L y O c O C N C O N W m L d V N +-. ++ m m m N Z N 01 m y Y m I�^ m m m d O N LL u x uo `'\i Y 2 mo do LL ° u0 v v3 uo ° 'a O CL C u u V C = u u u u u u }/ O O _ \ u W \ m \ O \ \ O N \ N N \ O N \ N ei .i a-I ei .••I ei ID M M N .•i .•i .•i .i M N a-I E 3 N i H � w m 1 = y O d O d ++ — v a d o a LL 01 w a LLm v y m a u o m m y d o a `m = ;v .o c s c w .o. w T c m m m w m c m m to w c c w o a c �° CO Y o c L m d m O m o m \ c m o LL 3 0 c m o LL y-. u u x u ., n vi 'c LL v 'c LL C Y Lu u u UL U o. y j j j j U c. u 0 u L L U u m N R m C m W U 01 W W W \ \ \ O W O l0 M m m M ' LO � a M .a y m w m u m 'O" "O C > d w ` m > C Y _ .o d L f0 m m y u A r d m y C m m 0) V N O m li m 1' U Qf m LL m d in w v v w o m .o m Y m E Y Y y+ m _ em+ y « m c c o c LL u x m C e-I CO x d J ImA U LL u m Vml V3f C LL LL L. J Q CL u j L u L C yCL u L 3 O L u L N w w o = u 0 2 IL v o \i v d V ` .•i a-I .••I ri .••I .••I -e N .••I 00 .••I .••I m M M N N .•i .••I ` I^ emit m C d U 'C C U0 ` L @ dvO aVy aO L d O e LL °y f° cO m v ow um w m ma >mmm m-o w o m I° m ° m � o o ° °u - E O + 7 V CL N L L U L C L U L 7 L U L u CL C u u C u u C L N u W N11O O WID 00 m N .••I eY .•i M .•I M N .•i ei a-I W O ++ U C M 8 w y a L v ' m y o >W i CL n' > d x Z ou tw mO c Q M LL O U C y N W C •.. LLn wm N w 'W Q 01 p NNu c ZC d' •C w' mp on ; m ; m u x u c N Packet Pg. 44 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a d C d u d d N u d r a L M .a r 3 r r 0 0 0 u w = w w 0 = w 0 af6i 0 — 0 w w A,� ei ei e-I e-I •-I ei a-1 M N e-I M 00 W bA i V Y .= w >V V Y m o d x o d 9 a £ m w _m ° ° z > — a LL w _ m LL � d � : ° m LLm r 'O Ol m O U 0Y > d O > O ° W > O C O C C 030 C 9 d > ++ = U .0 m an d Y m ° r O a0+ Ol O O O d d m .� 0/ ca m O O w ^ 0 Co w m z 0 m e 0 C u u x m 2 d x Y L 2 v m` 11 a � lL L d V a a d a s u d u " u 'C. u u u " u ° u u u u u N a _ 0 s w ; w ; 0 0 — w ; o ; w m w ; � s ; r s w cn M 00 .i .••I N ei .••1 N rl M M O y LL L L N c u vm umw m Y m u> O dUOa>l W w -0 12 .O W d O m m R@2LL 0 ° m v m 2 r m m V d O O 0) s >w ° ' ' I: smo o o o o °0 6 w ° cmm o LL L) u u c c Q. L; u IA _ C V7 U LL L L u L = L 7 t 7 L C L u L m O m V m °• N m u m V N m O u N tu0 C fu0 f�e� Ol U 01 Ol O Ol Ol O Ol N O a-I a-I a-I a-I a-I a-I R e-I M c-I M N a-I .••I M N .'-I 'i .i cC� d V d N OA C LL 0Ud z oa d w u ° — w c —0 m d m " 10 �i v 0) m " f0 .� CL v c w v lL m CO m° U is L L Lu V O u .r V L C u O CL u L V L CL u C L u L LL d V y V FL d V G V u G u }/ V Ol O) u Ol 0J O O Ol m .\•I .•i a-I .\•I .••I .\-I .ti M .\•I ei .\•I ei tp M M a\-I N .-I .\i .•i WO MO m L _ v d x o r d tLa Y > m 3 o m N _ a LL m U c m g u v 0) um : « m Y Z ' t m d m o m o m o w 3 f0 ' `o ° w J m c m e LL �+ u u x u ., U �n �n �i F H u, C �i E C Y L L L y L L L 7 7 t 3 3 L u s u d u u u C. u u u u u u u u u m m N m N m C m Ol U Ol O1 O1 O1 0 01 O O W 0) .. `Q a-I a-I a-I a-I a-I a-I ei a-I M M N a-I m M M N .-I .•Y .••I LO CD Cc m 'a 00 m 2, U W m v j a. ` m m A j d Y o d o m w u W — d L m v C �j •� v °1 c NLLi "UUO mxp ym •C�m ye-.I QUo aY m w7mW o= •cm co ° ? m Ww > > 0 c G N mpi wLL mv O N O O O p mU m my NGGL Vml 0 C LL LL Q 3 u V u CL C y u 3 V u 3 3 u V u Ol wO — wO O) O O w 10 w (� ei a-I ei ri .••I ei M N rl M rl 00 00 M M V! I^ d m N 9 i = i 3 m m 'o oa c •_ °' oVa OO F— W 10 'O N M > Y O i m > r .= w Ol £ @ 0J imi 0 C l7 — d m Om0 w YO m m W C m m O W C O 0 i m IL o x u w U CO W `m „ > d $ O w W > Y C O C m G m w W > +' m o m o m \ m m = m o O co Co u u x u , 7 L wu w ; CL CL CL CL CL d \ ^ Cw uuu ;U ON w\ \ w\ Or u i+ L, a-I a-I a-I a-I .-I a-I ei M M .•i eY .••I V N .•i M N .-I .••I e•I W V @ v C � C a a L a m NLL°' „io •vWmO uvw 'C�w Y JV'� u=mt m 'O m LL=> uv �_ ld>0 u d = r m m m 0 d �GLD w v v m o =w w Oy D s 0Nm > Y o mv z m c m LL o m m m m LL A mW Packet Pg. 45 ux u 2 � c is LL DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a a C C M y C L y L L .a y y L y L u L L u w — w w \ NO — — \ NO \ A,W ` e-I ei e-I e-I •-I ei a-1 N e-I N e-I M m N 1 N M W bA O C Y v Y ,^ tLO •� L iV V V IT, i V v/ ,+ W m O C O y O d .O d Ol d > 0! O N > E 9 LL fp V m 00 �y b0 Z W O — d i O LL U {% > O,m "O y OD N y m OC = m 9 m �+ W N = G N U m 9 an d d 9 O ° > O d 0>! d m O w a wl d - N cC mO m >, 7 L @ y M 0 a+ m Y U m m C_ t0 m ++ Co O c c c V u x m L ti H V m L d 2 LY LL H IOA L LY LL V C 7 C C C 3 u C u u u C u u u u u u u u a CD wN O O w O N N O N N N a-I a-I a-I a-I rl a-I l0 M M N a-I N rl ei M N rl a-I a-I .� O L = LL U) W m m m mm O d O C L (� 9 a o m > 12 0 9 9 w m " v o � m s •_ m c m N c ern - = o>y0 J cmc `m c m o 0 3 m c c m ° t m m e c m o U U x U C N C7 m {A O G U 4L CL H 01 O C LL LL L L U L C L L O L 7 U L 3 3 L U L E u C u a u c u u u u u o u u u u o u 01 w u w w w w w w o o w w a-I a-I a-I a-I a-I a-I .-I ei M N M e-I ei m m M N a-I rl rl ^ (Q C 'a G L 04 W V m W U 0) LL 0V0 v m m dCO v , CL m., ° .� v > H m = aov > rZ cm m 3 CO o `m o CC m a v o v a m m `° 3 w c_ co 0 o TVt� lL U x U C ei Y x lL Y d' LY LL V m Vf 0 C lL LL V O 3 L V L C m L C V L ei rCVl eVOil ei rml ei V r. C LV u SV LL V V O i O O O 0 O 0 0O N N /E W = m m O d > ° m O d ++ -° a d o m a LL L m m a ` LL m y m t`m0 o d a) m V C Y m U 7 CL m m y m N m >, d m O Y ° a > s m = m w d > C CU ==0 �V0 N w m ' m O •�- m W 3 N m C 0 m m C Y L L y L E L L L L L 3 C U L U s u a u u u C. u u u u a u u u u u u u m N m N O m C m W U 01 O1 W O1 O1 u w O W Q a-I a-I a-I a-I a-I a-I ei a-I a-I a-I a-I M a-I N a-I m M m rl eY ei ei LO 0 m = d m v � •° -a � c m 0 m w m Y y o m ° O a ° d r m —° Y L u ' I m 'c d _m m C vw c u m v� 10 LL d �` m v o c m " N O i, "O U m C 'O y v m U v y E u m _ ar ° ar d c L ° v w > ;v = w w > m ° 4 s o m _ °O a emn ° v N a m d mm o m N cm O d N O O CO L 3 w >s Cm O p CO lL U x m C e-I m x J L m LL Y U LL u m H M C LL LL L Q O L u L = j L u L 3 L cOa L N C V C O ° O N \ O \ O \ N \ O O \ O N \ \ O w ; w u ei a-I ei ri .••I ei ei M N ei ei .ti rl M rl N .ti .ti .ti '` I^ L� W O a Uc ypIAD OF Gmv aO> Gu d O _ y w CL m O wLL m s m Co 0, m m wm i p uu xu O + L L u L C u u u L L L u u L u L N u C u u C u u u u u �+ L w u w ; v ; O � w C w w z 0 wow L a-I a-I a-I a-I rl a-I M M ei eY N ei ei N M M N ei ei ei W O ++ U y M a � m (� a m c O 41 Ow ua d Y > 8 c CL Q m w Y a C 3 m m c w LL 00 �_ s i o V w m a L •LL .o j c Y a+ y v l7 d°. mU) w u m m •`m J �n c o 'm v d > Q a, �' m c •m y m > y v w h ° a u`ns ar m s N c `n m m0m � 0) ., 0 � m � omw = m PacketPg. 46 �i u x u 2 ., u M u A 2 u LL m d 2 �n c 2 �i LL DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a u a L y L L .a y L u L u L L O O i u w — w wO — N O N fV O N N A,� ei ei e-I e-I ei ei a-1 M N e-I M 00 .-I ri ri M N .-I .-I ei W w w c 0 w LOY LLLO O. L`m a ✓c1 mami c`w wm` am iwlOv aW O > y im mmL ° > .° .o 0 wu o o4) -o °m mc a v a Ya+VfC++l m m L LL LL V a o. o. a 3 L u L L L L u L u L O. u a u c u O u V u O u I�^ u w w w O \ \ \ O w O w N \ \ w w v! a-I a-I a-I a-I rl a-I ei N M M a-I N rl N a-I ei M rl rl a-I a-1 .� O L d U- U � U L W m U U w 'O C m 0 m w m 0 m O N w O. L O u_ m .N — LL LL w u y a m y W 4L w O m C Y 9 M bc C H w ° C N K w 3 C m V 5 9 N 901 U m w f0 — w O V f0 w d > T m ++ m d w > J c ° -o w w T v o o ms m Y y '1 �n m J -° o c c c U U x u C N m H m J {A O C U 4L H U m C LL LL C L L u L C L L 7 u L L L 3 L O L u L 3 U M m O m m m u m a-I a-I a-I a-I a-I a-I ei a-I ei M c-I ei ei ei M rl M N ."I ei ei cC� m v >V V N w -° m O o. o. E O O. 3 w 0. U Y m m u O _ 0- i A w .�V v m c m a m m m LL r a v ° m LL m O O. w N LL O. LL U 3 C L w > m L 3 C @ y > "O CC ++ CO L L+ C m C cc i+ m lL U x U C ei U Y m 0: lY LL lL H lL Y H G C lL lL V O V O. y O O u W N O m m O N O N O :� O N W E ei rl ei ei rl ei t0 M M N rl N rl a N M M N rl rl ei E w 'O v/ CD i w m i T C O V Y 0 4 U "° '° L c `m '° Q a > m i m ~ LL m v Y w w u ° w LL M 0. o. u ° w m LL m = r '0 U C Y ca w 'O w K C "O w M V� -O N K C m w w U m w m T C O C m w d > C w C m Yl > Z c �° Y t m m 0 Lu, c m m m c m ° w m m c m o C Y a a 5 a L L w L O y > > u L 3 L u L U m o. H U U U O m O u N m O m O w wLO .. CD O u O v E 0o m 0CL +, o o m m m w w _ a t m w C v a w w m �° LL m -0 m o w m LL m N m v w w c m v w m O1 Y ++ m u C m m d O d mm o 3 O O E O L y LL U x m C e-I F CO 0. U LL LL UCL CL N 0 C LL LL L u L C L L L u L 3 3 L L N u W Om1 N N N O \ \ \ N O O W O W u ei a-I ei ri .-I ei .ti ei ei ei M .-I ei ei G M M N rl N rl ` aT+ IIL7�^^ V! iUO _ L C CL r a+ W 1 V m 9 N L C m 1 > O ,O w L m m Y O w - LL O W w U N m W m 1i m W 0- C w m 11 O m 9 N r m N '6 -Ow C C .O N r w u m w `m w 3 a u c d =' > T c o c M v v > w m m > a ° m s °n Z °n c �° " m m O M O N w m m t Y O m m C m O 7 CD V O. u a m °. O u m O m 1� m u O u u O m L N u W w O V O w w tD w w O \ \ \ w a-I a-I a-I a-I rl a-I a-I M N rl rl rl N ei rl N rl M M rl rl W O ++ E V -a to t M w C1 C ;c v m u m w m Y J w x6 vm v > CL -w m 2 c w a O` m wLL> uw" Ed o ° - o ' vac L -om - N av o o w Packet Pg' 47U) o m11 9 C LL 0 � W U :LL u x LL QfC DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a a u a u'a w o 3 o L d 0 0 u w = w a10i o = � o � a o u � o awi � awi A,� ei ei e-I e-I ei ei a-1 M N e-I M e-I m N rl M ,-1 M N .-I ei ei W tLO wI � WE U Y m o d x o d .LL W d £ N m N w LL — ILM mto w f0 a w m W. @ m N w m c 10 LL A 'O w m° U Y >• C w G >. 3'O w j L O c bwa = U '6 m an d Y m ° 3 'O t' O aw+ w w N ° H w `O v :L w 9 m cm 1'+ m H O " m Gc�i �o Z m > __ cm p a+ m U U x m L ti H m L J VI x LY LL L N 1wA G C IL lL V d 7 °• 3 I d 3 •� uL u L y L O V L u w u L a U a V a p V V U C V U G V \ V w \ w \ — w \ ° \ O N \ \ w N a-I a-I a-I a-I ••I e•I N N a-I M m ,••I e•I e•1 M ,••I eY rl .� O O L LL L W N >m C m O d w O O d O w m > w W w d O Y w R w A L �i w m U C Y CO u m u v m 'm° (� 0. w w J w u m w e`mn — w v o L 'o °�� a> m o m °�� v J u m i cm O O u L) x U C aC•I F m C OC x LL 4L m m uwi LL LL m L L u L C 7 L L 3 L u L m 3 m V U a N 3 V N Imo N m O N Um U w u w w —N o u o w o w o w m .••� .••� .••� .••� .••� .••� m MLL N a-I N a-I ri M N a-I a-I e•I 0O w V v U o d o d d _ v w a 3 m u — w m m u w a — a >m m C1 m w Y w w o w LL m d' o c w m LL w ' CO -O w = N w w > >. C m m •mow- > Y N N C m y ++ m Y U N = i+ m N y w fCC0 m C_ m O m C_ fcc0 p u U x U C ,••I H m %1 G L U LL H %1 C C lL lL V O CL 3 L V L C C V L V L C L V L LL d V V a a O V V d p V G V y V w w u m Zo N O u r= O N 11 m ei ••I ei ei ,••I ei .ti M ,•i a-I ei ei ei a ,••I N M N a-I ei a-I v/ w m ` V Y L N v V L t W m .° N m od x od d x a d > w m > w d > w ~ a 01 o c_ m " '��° d v o v m o c m •� ° w ° U Y m w O U ° w °i O C m C Owp U m w m 9 m r y N p = N w w m w N m o `m p m c .°. m w m o :• m w an d o m > c `m o .b. u u x u ., u n v3 ° v m` c ° C d Ya CL u a u u u C. a u u u a u o " u Q O N m N m N 3 C m w U w w O U O w O w O U \ \ \ w LO `Q � a-I a-I a-I a-I a-I a-I lO a-I M N „-I N e•I lO rl M ,••I eY e•I CD O = CO) H � a 09 i i W w OLmO O d w 1r y "vOm d c md O1 m o — N wNu ° ' Z wmw Nca W a7 Y %7 O O W O O }CNL+ LL LL CD j a L u L G L L L L C d L J L u L N u W Owl N N N W u O Owl N O v W (� ei a-I ei ri ,-I ei .ti ei ei ei M ,••I ei N ,•i .ti M N a-I rl ••I •` fA m co u •g 9 w V u N Y LL z V _ m O w Y w d a d d m m m ° o w m LL m LL v iv ° u c Y •o �° a -o '^ iu m v y N a z 5 m ° v _ O O w p c w w > c 'O w > +' w m 0 u u° = u° °�� u = Y m° U° E I/7 V L L U L C 7 7 L L L � 7 L U L V+ u a u u a a o u u u a m ° m a m ° m m m m o m L w u w w u o w w w o u o a-I a-I a-I a-I ••I e•I ei a-I M ei N ,••I e•I e•I m ,••1 M N ,••I e•I e•I W V ° v > O o _ wmm i d Y wL C N -O m 'O Q++ w mW Y -6w O C' O`O 92 m y Z - m m m mm o LL a A mW Packet Pg. 48 u x u c c O 3m 0 LL c DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a c a� Y a� t r c� m v a� N 0 0 LL L O W V J J r C d E 0 R C N d V EXHIBIT B 0 0 U- E E 3 r c m E m as L Q LO 0 It M a+ C N E N N L CD Q (n w V U) 0 0 U- E E E V a Packet Pg. 49 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a a ' a a a r u a u u u u a m A .Ilem ti W m W W o W o W W o a a ++ ° _ ,� c V N O V N fA w A m E n m « i di 41, a d a+ a o v ,'°, °' '° L 3 u a+ o LL fC ki cou m° a > > v a w m` « c y > Y, a i• a m Y v w Vl V m u 3 � N u u u u u O (6 N LL rr u o « is w °08 on io « i °' m u m u - a 'LLLL = J U LL v N C 1 S K C v W y O W C K C O N J L u U. m A c �`-' m �' '°^ z° .°G to a+ Co Q a � a a a a s a M a W U W M W N W W M \ N W O \ \ \ \J O \ N \ rl rl rl N rl rl � '1 rl N e1 rl N M M L' bA C V LOG Oy W d 2 L1 a LL u E i '` ` �_ f0 C m N LL .0 N U, OJ •O N V C 'C Ol �/N� L w m a O m m y E m o A a ° o v o W o 0 0 o a w 3 m o u u x u 4 x n a u LL v n v u LL O O LL 0..0 .C W u L CL C 7 J .0 J C m N W a N U N E W � O � O N � .•1 .-1 rl rl ti rl l0 N '1 rl 'i N rl rl m '1 .-I '1 M .i L W 'C y V 7 m 0 R o a L w A rv > m o a W a y 3 Y a u - '� F- a a 0 c t� o a° v o p V •� Y H 'O d CC V W U m N m CC Gl N N O C O.G C C ` � C 0`G C .�-„ m N G Y N N C 10 C u -0 m u d C N a a L Y L u u y u u u u > 3 u L o aLO Qrl N rl '1 rl M N rl N tD N rl rl rl rl rl rl O It d a 0 m .M.. c c m o W o m ` a a+ •� v w c u m a vi m � v v � 5 v y m m J �o n o - O O LL Li = m �.\i m x a v� V N v l7 m v�i v3i V LL L. t a L V L a U U u u u v V .0 u u n fA W u W N W N O v N O N O WW N T ti ti .+ .\i .ti N V ,y ,+ v .\i ..+ m .+ .-i N N .ti .•� V R •� 'O N v N m c u -0 w oG 5 o « a 7 w M o 3 .o LL a « w 01 v Ow v c m O u Y " a W xw 0 w c l v LL co w to Q O v O LL ` o u0 i O W W O p W N N g \ \ 0 W W ei rl N M N ei N ♦•1 N rl r1 O +► M. O w O O N L N O W _ C v v c Lu m N d7 Y � QI N v°i C W1 C G a N O OG v°i C � C •� m v_ v ar V u ° c " o V LL = Packet Pg. 50 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a c a� Y a� t r c� m v a� N 0 0 LL L O W V J J r C d E 0 R C N d V EXHIBIT C 0 0 U- E E 3 r c m E m as L Q LO 0 It M a+ C N E N N L CD Q (n w V U) 0 0 U- E E E V a Packet Pg. 51 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a 50% TVP Menu Choice Y a� Population Current Price CPI% Amount New Price r Under25 TBN a 25-29 $5.0080 25.00% $1.2520 $6.2600 v 30-34 $4.3110 25.00% $1.0778 $5.3888 35-39 $3.8130 25.00% $0.9533 $4.7663 in 40-44 $3.4400 25.00% $0.8600 $4.3000 0 45-49 $3.1490 25.00% $0.7873 $3.9363 Li L 50-54 $2.9170 25.00% $0.7293 $3.6463 12 55-59 $2.7270 25.00% $0.6818 $3.4088 U 60-64 $2.5680 25.00% $0.6420 $3.2100 r 65-69 $2.4340 25.00% $0.6085 $3.0425 70-74 $2.3200 25.00% $0.5800 $2.9000 m 75-79 $2.2200 25.00% $0.5550 $2.7750 80-84 $2.1320 25.00% $0.5330 $2.6650 g 85-89 $2.0540 25.00% $0.5135 $2.5675 90-94 $1.9880 25.00% $0.4970 $2.4850 95-99 $1.9270 25.00% $0.4818 $2.4088 N 100-104 $1.8720 25.00% $0.4680 $2.3400 0 105-109 $1.8220 25.00% $0.4555 $2.2775 �° 110-114 $1.7770 25.00% $0.4443 $2.2213 115-119 $1.7360 25.00% $0.4340 $2.1700 E 120-124 $1.6980 25.00% $0.4245 $2.1225 125-129 $1.6330 25.00% $0.4083 $2.0413 130-134 $1.6310 25.00% $0.4078 $2.0388 3 c 135-139 $1.6030 25.00% $0.4008 $2.0038 140-144 $1.5740 25.00% $0.3935 $1.9675 L 145-149 $1.5480 25.00% $0.3870 $1.9350 Q 150-154 $1.5240 25.00% $0.3810 $1.9050 LO 155-159 $1.5010 25.00% $0.3753 $1.8763 It 160+ $1.4800 25.00% $0.3700 $1.8500 .r Religious meal $2.2200 25.00% $0.5550 $2.7750 a� Staff Meals $2.2200 25.00% $0.5550 $2.7750 E (D N L CD Q N V U) 0 0 U- E E r.+ E V a Packet Pg. 52 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a c a� Y a� t r c� m v a� N 0 0 LL L O W V J J r C d E 0 R C ca N d V EXHIBIT D 0 0 U- E E 3 r c m E m as L Q LO 0 It M a+ C N E N N L CD Q N w V U) 0 0 U- E E E V a Packet Pg. 53 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a c a� Y a� t r c� m v SUMMIT N 0 0 LL L O W V J Agreement of Meal Pricing Increases for C3308 Kent City Corrections Contract Beginning Feb. 12023 E, Oct. 1, 2023- CPI increase of up to 8% Oct. 1, 2024 and each year after on this calendar date- Increase according to 0 contract language in regard to CPI-FAH or market basket of Products. U- E E Client will be notified of both possible rates, CPI-FAH and Market Basket of ! Products 60 days prior to the October 1 rate change. E L Q LO 0 It M a+ C N E (D N L Q N V U) 0 0 U- E E r.+ E V a Packet Pg. 54 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a c a� Y a� t r c� m v a� N 0 0 LL L O W V J J r C d E 0 R C N d V EXHIBIT E 0 0 U- E E 3 r c m E m as L Q LO 0 It M a+ C N E N N L CD Q (n w V U) 0 0 U- E E E V a Packet Pg. 55 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a c a� Client Name c3308 Kent City corrections Y a� Monthr Override 9 Date 9/30/2022 Number of Items having$0 cost(should be zero) 3 N 0 0 U- c3308 Kent City corrections w J J Market Basket Price Redetermination Statement r c As of9/30/2022 E m a� R c Menu Category Weighted f° Category Weighting CPI % CPI% Cereals/Bakery products 0.5% 16.2% 0.1% Meats, poultry, fish, and eggs 17.3% 9.0% 1.6% in Dairy and related products 0.3% 15.9% 0.0% °o LL Fruits and vegetables 7.2% 10.4% 0.7% Beverages 0.4% 12.9% 0.1% E Grocery/Other 74.3% 15.7% 11.7% in Total 100.0% 14.1% ! r c m CPI Food Away from Home Index 8.5% E m a� L Greater of Market Basket or FAFH Index 14.1% a LO 0 It M a+ C N E N N L Q N V U) 0 0 U- E E r.+ E V a Packet Pg. 56 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 4.E.a c a� Y a� t r c� m v a� N 0 0 LL L O W V J J r C d E 0 R C ca N d V EXHIBIT F 0 0 U- E E 3 r c m E m as L Q LO 0 It M a+ C N E N N L CD Q N w V U) 0 0 U- E E E V a Packet Pg. 57 DocuSign Envelope ID:830BDF26-2DF7-4B67-A8D4-253AAFECE6C8 CERTIFICATE OF LIABILITY INSURANCE F08/31/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI 4) REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. d IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsee r If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement o this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). N PRODUCER 1-612-333-3323 CONTACT NAME: Dawn Heinemann or Angela Whirley a) Brown & Brown Inc. PHONE FAX 'j A/C No Ell: 612-333-3323 A/C No): 612-373-7270 L 80 South 8th Street ADDRESS: eliorcerts@bbrown.com Cl) Suite 700 INSURERS AFFORDING COVERAGE NAIC# '0 O Minneapolis, MN 55402 INSURERA: SENTRY INS CO 24988 O LL INSURED INSURERB: SENTRY CAS CO 28460 i Elior, Inc DBA Elior North America O INSURER C: � Summit Food Service, LLC V 300 S. Tryon Street, Suite 400 INSURERD: J J INSURER E: �.i Charlotte, NC 28202 INSURERF: COVERAGES CERTIFICATE NUMBER: 66463276 REVISION NUMBER: E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI O INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI co CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYY MM/DD/Y A X COMMERCIAL GENERAL LIABILITY 9018840005 09/01/22 09/01/23 EACH OCCURRENCE $ 2,000,000 V CLAIMS-MADE � OCCUR PREMISES Ea occurrence)DAMAGE TO RENTED $ 1,000,000 4) d MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 0 O GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 LL POLICYF—IJECT PRO- LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: $ E A AUTOMOBILE LIABILITY 9018840004 (MA) 09/01/22 09/01/23 COMBINED SINGLE LIMIT $ 3,000,000 Ea accident A X ANY AUTO 9018840006 (VA) 09/01/22 09/01/23 BODILY INJURY(Per person) $ A OWNED SCHEDULED 9018840003 (AOS) 09/01/22 09/01/23 AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ 3 HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ d UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ L iSl DED RETENTION$ $ Q PER A WORKERS COMPENSATION 9018840001 (AOS) 09/01/22 09/01/23 X ST TUTE I I EERH AND EMPLOYERS'LIABILITY B ANYPROPRIETOR/PARTNER/EXECUTIVE YIN 9018840002 (OR, WI) 09/01/22 09/01/23 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? IN I NIA v (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under ++ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 0) 0) L DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) N Certificate holder is additional insured as respects general liability policy where required by written contract O 0 subject to the policy terms and conditions. Summit Food Service, LLC operating at 500 E 52nd Street N., Sioux Falls, 'E 57104. 0) N O O ILL r CERTIFICATE HOLDER CANCELLATION E E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR CO Kent Corrections THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II +; ACCORDANCE WITH THE POLICY PROVISIONS. r_ 1230 Central Avenue South AUTHORIZED REPRESENTATIVE V Kent, WA 98031 ram+ USA Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 58 ddebuhr 66463276 4.F POLICE DEPARTMENT Rafael Padilla, Police Chief 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-852-2121 DATE: January 17, 2023 TO: Operations and Public Safety Committee SUBJECT: Interlocal Agreement with the City of Federal Way for Jail Services - Authorize MOTION: I move to authorize the Mayor to sign a new year interlocal agreement with the City of Federal Way for jail services, subject to final contract terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The City of Federal Way does not own a facility suitable for incarcerating its misdemeanant inmates. The City of Kent operates its own jail and has previously housed Federal Way's inmates under and interlocal agreement between Kent and Federal Way. The City of Kent is willing to provide housing for Federal Way inmates pursuant to a new agreement with terms substantially similar to those of the parties' prior agreement, which expired at the end of 2022. Jail services provided: Kent will provide Federal Way with guaranteed space for five Federal Way inmates for each day the agreement is effective. Kent may have additional jail space, beyond the reserved guaranteed space available depending on its jail population. Additional space will be made available at the discretion of Kent. Transporting Federal Way Inmates: Federal Way will arrange for the transportation of Federal Way inmates to all court appearances and will not be the responsibility of Kent. Medical transportation and medical supervision costs will be reimbursed for all actual costs incurred by Kent when transporting Federal Way inmates to medical facilities and for supervising Federal Way inmates during medical appointments or procedures. Release of Federal Way inmates: Kent shall release Federal Way inmates pursuant to a signed order from the Federal Way Municipal Court judge. Federal Way inmates shall be released to a Federal Way police or transport officer at a prescheduled time as agreed to by the parties. BUDGET IMPACT: Revenue generated from this agreement is $301,125. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Packet Pg. 59 4.F Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Kent City Jail - Federal Way Jail Services Contract Draft (PDF) Packet Pg. 60 4.F.a m INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CITY OF KENT FOR vn JAIL SERVICES ca L O THIS AGREEMENT is entered into by and between the City of Federal Way ("Federal Way"), a municipal corporation in the State of Washington and the City of Kent ("Kent"), a municipal corporation in the state of Washington, collectively the ("Parties"). L WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Um Act, Ch. 39.34 RCW; and o WHEREAS, pursuant to state law, Federal Way is responsible for the incarceration of 0) suspects and defendants held pending resolution of misdemeanor cases and upon conviction for misdemeanor crimes committed in Federal Way ("Federal Way Inmates"); and 3 c WHEREAS, Federal Way does not own a facility suitable for incarcerating Federal Way Inmates; and L WHEREAS, Kent, which is located in King County, operates a municipal corrections facility known as the Kent Corrections Facility ("KCF"); and c L d WHEREAS, Kent is willing to provide for the housing of Federal Way Inmates pursuant to this Agreement; and N M WHERAS, the Federal Way Municipal Court has reviewed sections of this agreement that impose duties upon the court; L 0 NOW, THEREFORE, in consideration of the terms and conditions set forth below, it is 2 mutually agreed by and between Federal Way and Kent as follows: c U N 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to provide for the incarceration of Federal Way Inmates at the KCF; to establish the services that Kent will provide pursuant to the incarceration of Federal Way Inmates as well as the responsibilities of Federal Cn Way; and to set forth the fees to be paid by Federal Way for such services. M 2. JAIL SERVICES PROVIDED. The KCF shall provide the jail services to Federal Way as provided in this Agreement. L as d 2.1 Federal Way Inmate—Defined. A Federal Way Inmate is defined as a person 18 years of age or older who is arrested for, charged with, or convicted of a misdemeanor offense committed in the city limits of Federal Way or who has an active Federal Way warrant, and who is booked into or otherwise entered into the KCF. Prior to booking a female inmate, Federal v Way will contact the KCF to ensure there is adequate available space for female inmates. In the event a person is booked into the KCF and the person has a Federal Way warrant, that person shall be considered a Federal Way Inmate regardless of which agency books the inmate, and c m Jail Interlocal Agreement between t City of Kent and Federal Way 0 Page 1 of 9 Q Packet Pg. 61 4.F.a m regardless of whether the inmate has a warrant from any other agency. Such inmate shall remain a Federal Way Inmate until the warrant is quashed by a court or the defendant is released or Cn removed from custody on the charge. In the event an inmate has both a Kent warrant and a Federal Way warrant, Federal Way shall not be responsible for the booking fee. i 0 2.2 Guaranteed Space. The KCF shall provide Federal Way with space for five Federal Way Inmates for each day that this Agreement is effective. These five spaces shall be referred to as "Guaranteed Space." This Guaranteed Space shall be reserved only for Federal Way Inmates as that term is defined in this Agreement. Federal Way shall pay for the Guaranteed Space whether or not the Guaranteed Space is occupied by Federal Way Inmates. — Guaranteed Space shall include bed space on the hard-side of the jail, or participation in KCF programs (as described in Section 2.6) other than electronic home detention("EHD"). v as 2.3 Additional Space. The KCF may have additional jail space, beyond the reserved Guaranteed Space, available depending on its jail population, which fluctuates on an hourly 3 basis. Jail space made available beyond the Guaranteed Space shall be referred to as a "Additional Space." In the event Federal Way brings a Federal Way Inmate to the KCF for processing when the Guaranteed Space is occupied, it will be presumed that Federal Way is a, requesting Additional Space, and Additional Space will be made available at the discretion of Q the KCF. In the event Additional Space is made available, the Additional Space shall be paid o for at the rate provided for in Section 3.2 of this Agreement. In the event Additional Space is not available, Federal Way shall be solely responsible for making other arrangements for the c incarceration of the Federal Way Inmate. Additional Space shall be considered occupied if a Federal Way Inmate occupies bed space on the hard-side of the jail, or participates in KCF cm programs other than EHD. Federal Way shall endeavor to notify the KCF when it intends to engage in law enforcement action that will likely result in a mass booking (i.e. the booking of 2 three or more people) and the need for more than normal Additional Space. 0 L 2.4 Notification of Number of Inmates. KCF shall provide Federal Way, via c facsimile or other electronic transmission sent Monday through Friday, excluding holidays, with c� a list of Federal Way inmates. This list shall include a list of all Federal Way inmates booked and/or released for the 24-hour period. as Cn 2.5 Terms, Conditions and Policies. Except as otherwise provided in this Agreement, Federal Way Inmates shall be subject to the same terms and conditions of confinement as Kent inmates, shall be subject to the same policies and procedures applicable to Kent inmates, and shall be provided the same services as Kent inmates. By way of example and not by way of L limitation, this shall include policies and procedures regarding good time credit, the disciplinary process, the standards of release, and medical temporary releases. Ui 2.6 Programs — Incarceration Alternatives. Subject to KCF policies and procedures, Federal Way Inmates may have the same opportunities as Kent inmates to participate in alternative programs such as but not limited to EHD, work release, and work crew. With the c exception of EHD, a Federal Way Inmate participating in a program shall count as a Federal Y Way Inmate occupying Guaranteed Space, or if there are more than five Federal Way Inmates, m Jail Interlocal Agreement between t City of Kent and Federal Way 0 Page 2 of 9 Q Packet Pg. 62 4.F.a m Additional Space. The KCF may charge Federal Way Inmates a fee to participate in certain •2 programs, such as EHD or work release, consistent with the rates charged to Kent inmates. Cn 2.7 Medical Program. Federal Way Inmates shall receive the same type and level of medical care, and medications under the same circumstances, as Kent inmates. Medical care i and medications that are provided at the KCF by Occupational Health Services ("OHS") staff on ° contract with the KCF shall be included in the rates charged for Guaranteed Space and Additional Space; provided, that in the event it is determined that an inmate is in need of medication that exceeds a cost of$1,000.00 per month to provide, the KCF shall place Federal Way on notice of the need, and after 72-hours of receiving such notice, Federal Way shall be responsible for covering the costs of the medications that accrue after the 72-hour notice period. — 2.7.1 Medical Care Outside of KCF — Federal Way Responsible. Any medical care deemed, at the discretion of KCF or OHS staff, necessary for the proper care of a Federal Way Inmate, but which is provided to a Federal Way Inmate at a location other than KCF, or by medical staff other than OHS staff on contract with KCF, shall be an additional cost to Federal 3 Way, and Federal Way shall be responsible for payment of such medical care costs. Federal Way shall also be responsible for any costs of transport of inmates by way of ambulance service to an outside medical facility. Invoices from outside medical providers or ambulance service a, providers shall be forwarded to Federal Way for payment by Federal Way directly to the Q provider. KCF will, upon request, assist Federal Way in the effort to reduce medical costs billed o by outside providers. a_ c 2.7.2 Medical Temporary Release. Federal Way acknowledges that some Federal Way Inmates may have extraordinary medical care needs, and that the KCF, as a cm municipal facility, is not in the best position to provide medical care for these Federal Way Inmates. As a condition of this Agreement, the Federal Way Municipal Court shall be required L to adopt the standards of release relating to medical temporary releases adopted by the Kent Municipal Court as now adopted or later amended. In the event KCF staff determines that a 2 Federal Way Inmate's medical needs should be addressed by a facility other than the KCF, KCF c staff may issue a medical temporary release that is consistent with the standards of release for c� the KCF as approved and adopted by the Federal Way Municipal Court, and shall provide for a follow-up court date. In addition, Federal Way shall have the authority to issue a medical temporary release. in 2.7.3 Booking of III or Injured Inmates or Inmates in Mental Crisis. It is recognized that the KCF provides medical services to inmates treatable on site, and that significant medical needs are treated off-site. Federal Way shall not book into the KCF Federal 2 Way Inmates with medical emergencies or major medical needs, including inmates in severe mental health crisis. In the event an inmate who is in medical or mental health crisis is booked Ui Federal Way will make arraignments to relocate the inmate. =M 2.7.4 KCF Medical Transportation and Medical Supervision Costs. Reimbursement for all actual costs incurred by Kent when transporting Federal Way Inmates to c medical facilities and for supervising Federal Way Inmates during medical appointments or Y procedures (for example, inmates who are at a high risk of reoffending and ineligible for a m Jail Interlocal Agreement between t City of Kent and Federal Way Page 3 of 9 Q Packet Pg. 63 4.F.a m medical temporary release pursuant to the adopted standards of release) are Federal Way's sole •2 responsibility and shall not be included in the payment for Guaranteed Space. At each billing Cn cycle, Kent will invoice Federal Way for the cost of any Federal Way inmate medical transportation costs, including supervision costs, incurred during a billing period. The costs i shall be charged at a rate of $100 per hour. Time shall be charged in 15 minute increments ° rounded to the nearest increment. [Example: An inmate is transported to a medical procedure, is supervised during the procedure, and is then transported back to the KCF. The officer spends two hours and 18 minutes performing this task. Federal Way would be billed $250.00 for the task]. This cost will be charged whether a KCF officer or Kent police officer performs the LL transport and supervision. — 2.8 Transporting Federal Way Inmates to Court or Other Jail facilities. Federal Way v shall arrange for the transport of Federal Way Inmates to all court appearances. Kent shall not be responsible for transporting Federal Way Inmates to court. Transportation for court services shall be the sole responsibility of Federal Way. 3 c as Federal Way may contract with other agencies for jail services. Federal Way and Kent shall establish an operational policy regarding the transport of Federal Way Inmates from or to a, the KCF and from or to other correctional facilities. The operational policies shall establish a Q regular and efficient schedule for the transportation of Federal Way Inmates to reduce the o frequency of transports. The operational policy shall also aim to avoid the transport of pretrial detainees from the KCF to a jail facility in eastern Washington in the event a court date that will c result in the return of the Federal Way Inmate to the KCF is pending. N le 2.9 Video Court Services. KCF may make available the KCF library and video link between the KCF and the Federal Way Municipal Court in order to facilitate video hearings by 2- the Federal Way Court for Federal Way Inmates incarcerated at the KCF. The scheduling of video link usage shall be mutually agreed upon by Kent and Federal Way; provided, the Kent 2 Municipal Court shall have priority when establishing a time for video hearings. c U 2.10 Confidential Meeting Space for Federal Way Inmates and Defense Counsel. KCF 4) shall make space available for Federal Way Inmates to meet confidentially with defense counsel in order to provide inmates with the effective assistance of counsel. in 2.11 Release of Federal Way Inmates. KCF shall release Federal Way Inmates pursuant to a signed order from the Federal Way Municipal Court judge, commissioner or pro tem. KCF shall accept the Federal Way Judge's orders sent via facsimile or other form of 2- electronic transmission to the KCF. d LL Federal Way Inmates shall be released to a Federal Way police or transport officer at a = prescheduled time as agreed to by the Parties, and the Federal Way police or transport officer shall release Federal Way inmates within the city limits of Federal Way. Federal Way inmates shall not be released by Federal Way within the city limits of Kent unless the inmate is a resident of Kent. In the event an inmate is released on the weekend, or as a result of an emergency that Y results in the unavailability of a Federal Way police or transport officer, inmates may be m Jail Interlocal Agreement between t City of Kent and Federal Way Page 4 of 9 Q Packet Pg. 64 4.F.a m transported by a Kent police officer to Federal Way or provided with a bus voucher; provided, •2 Federal Way shall be responsible for the actual costs of the Kent police transport or bus voucher Cn which shall be invoiced in accordance with this Agreement. L As a condition of this Agreement, the Federal Way Municipal Court shall adopt standards ° of release applicable to Federal Way Inmates that are to be followed by KCF staff. The standards of release adopted by the Federal Way Municipal Court shall be the same as the standards of release adopted by the Kent Municipal Court. as LL 2.12 Use of Electronic Home Monitoring Contractor for Federal Way Defendants not — Incarcerated in the KCF Permitted. Nothing in this Agreement shall be interpreted to limit the authority of a Federal Way judge from ordering or permitting a Federal Way defendant that is v not in the custody or control of KCF to use a provider of electronic home detention services as other than the service provided by the KCF as a condition of a sentence or pre-trial release. However, if a Federal Way inmate is sentenced to a term of confinement in the KCF, that inmate 3 shall be considered a Federal Way Inmate and shall be subject to the rules, policies and a procedures of the KCF. KCF, at its sole discretion and subject to the policies and procedures of the KCF, will determine whether an inmate will serve his or her time on the KCF's EHD a, program. The Federal Way judge shall not have the authority to designate a particular EHD Q program for any Federal Way inmate once the Federal Way inmate is in the custody or control of o the KCF. L as c 3. FEES. In consideration of the services enumerated in this Agreement, the Parties agree to the fees and charges below. In order to provide clarity to the Parties, Exhibit A has been cm attached to describe the below application of inmate fees for Guaranteed Space and Additional Space. L 0 3.1 Guaranteed Space — Fee. Federal Way shall pay for Guaranteed Space, as that 2 phrase is described elsewhere in this Agreement, at a rate of$825.00 per day ($301,125.00 per c year). This fixed fee for guaranteed space shall be paid regardless of whether the Guaranteed v Space is occupied or not. 3.2 Additional Space - Fee. The daily rate for Additional Space for each additional in Federal Way Inmate who occupies the KCF over and above the Guaranteed Space shall be $21.25 per day for inmates on EHD, and $191.00 per day for occupied beds or participation in programs other than EHD. A full day shall be charged for any Federal Way Inmate who occupies Additional Space for any period of a day. For example, and not by limitation, a L Federal Way Inmate who is occupying Additional Space and is booked into the KCF on Monday at 9:00 p.m., and released the following Tuesday at 1:00 pm shall be deemed to have spent two Li days in the KCF, and the cost of the daily rate shall be 2 x $191.00, for a total of$382.00. = 3.3 Booking - Fee. Except as provided for in Section 2.1, Kent shall invoice Federal Way for booking fees in the amount of$40.00 per booking. For the purposes of this section, "booking" shall mean each instance in which a Federal Way Inmate is booked into the jail after Y a period in which he or she was not subject to confinement at the KCF or participating in a KCF m Jail Interlocal Agreement between t City of Kent and Federal Way Page 5 of 9 Q Packet Pg. 65 4.F.a m jail program including KCF operated EHD. Federal Way Inmates who are transported for a •2 court hearing and then transported back to the KCF at the conclusion of the hearing will not be Cn considered booked when readmitted to the KCF. Inmates who return to the KCF on their own free will after a temporary release or medical release shall not be considered booked when i readmitted to the KCF. ° �a 3.4 Additional Costs. Kent shall invoice Federal Way for all other costs as set forth in this Agreement, including: a. The costs of medications in accordance with Section 2.7 of this Agreement. b. The costs to Kent of providing transportation and supervision services to — offsite medical facilities in accordance with Section 2.7.1 of this Agreement. c. The cost of bus vouchers and the costs for Kent officers to transport Federal as Way Inmates to Federal Way upon release in accordance with Section 2.11 of this Agreement. '3 Bills of medical services provided by medical providers outside of the KCF as well as a ambulance transport services to outside medical providers shall be forwarded to Federal Way for payment by Federal Way a, Q 3.5 Annual Cost Inflator. On January 1, 2023, and on January I of each year thereafter o that this Agreement is in effect, including any year in which this Agreement is extended, the fees set forth in Sections 3.1-3.2 shall be subject to an annual inflator in an amount equal to the Seattle- c Tacoma-Bellevue CPI-W for June of the preceding year; provided, in the event the Seattle-Tacoma- Bellevue CPI-W for June of the preceding year is zero or a negative number, the fees set forth in M Sections 3.1-3.2 shall not be reduced. L 4. BILLING AND PAYMENT. Federal Way shall pay Kent the fees and costs described in this Agreement upon receipt of an invoice delivered no less than quarterly. The invoice shall be 2 sent to Federal Way at the address provided for notices. The bill shall identify the Federal Way c Inmates who occupied the KCF during the quarter by name, as well as the number of days each c� Federal Way Inmate occupied jail space. The bill shall also provide the booking date and inmate name for any booking fee charged, and shall describe all other fees or costs being invoiced by the date, description, and basis for the fee or cost. Federal Way shall pay to Kent the amounts in invoiced within 30 days of receipt of such bill. The failure of Kent to invoice Federal Way for fees or costs shall not relieve Federal Way of the responsibility for paying any fees or costs as required by this Agreement. L The Parties may agree in writing to an alternate method or timing for invoicing and payment. d U_ 5. EFFECTIVE DATE - TERMINATION. The initial term of this Agreement shall start = on January 1, 2023, and shall remain in effect through December 31, 2028 This Agreement may be automatically renewed by the Parties for successive terms by written Agreement of the Mayor U of Federal Way and the Chief Administrative Officer of Kent. Agreements for successive terms c shall be agreed to by the Parties by October I of the year in which the current term. Y c m Jail Interlocal Agreement between t City of Kent and Federal Way Page 6 of 9 Q Packet Pg. 66 4.F.a m 5.1. Early Termination without Breach. Should either party desire to terminate this •2 Agreement absent a breach, a notice of termination shall be provided in writing to the other Cn party no less than 180 days prior to the effective date of the termination. L 5.2. Early Termination for Breach. In the event a parry is in material breach of this ° Agreement, the non-breaching party shall provide the breaching party with written notice of breach, along with an explanation of the basis for the breach and the method of curing the breach. If the breaching party fails to cure the breach, this Agreement may be terminated by written notice issued by the non-breaching party. In the event Federal Way is the party in LL breach, Federal Way shall be subject to an early termination penalty of $24,750.00 for each — month remaining in the duration of the Agreement. U t 6. INDEMNIFICATION. '3 6.1. Kent shall indemnify and hold harmless Federal Way and its officers, agents, and a employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of a, Kent, its officers, agents, and employees, or any of them relating to or arising out of the Q performance of this contract. In the event that any suit based upon such a claim, action, loss, or o damage is brought against Federal Way, Kent shall defend the same at its sole cost and expense, provided that Federal Way retains the right to participate in said suit; and if final judgment be rendered against Federal Way, and its officers, agents, and employees, or any of them, or jointly against Federal Way and Kent and their respective officers, agents, and employees, or any of M them, the Parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. L 0 6.2. Federal Way shall indemnify and hold harmless Kent and its officers, agents, and 2 employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, c and damages of any nature whatsoever, by any reason of or arising out of any act or omission of U Federal Way, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Kent, Federal Way shall defend the same at its sole cost and in expense; provided that Kent retains the right to participate in said suit; and if final judgment be rendered against Kent, and its officers, agents, and employees, or any of them, or jointly against Kent and Federal Way and their respective officers, agents, and employees, or any of them, the Parties shall apportion any damages between them according to the proportionate amount of 2- fault as set forth in the judgment. d LL 6.3 The provisions of this Section shall survive termination of this Agreement. -M 7. MISCELLANEOUS. v c 7.1 Financing. There shall be no financing of any joint or cooperative undertaking Y pursuant to this Agreement, except as set forth herein. There shall be no budget maintained for m Jail Interlocal Agreement between t City of Kent and Federal Way Page 7 of 9 Q Packet Pg. 67 4.F.a m any joint or cooperative undertaking pursuant to this Agreement. •2 as Cn 7.2 Property. This Agreement does not provide for the acquisition, holding or disposal of real or personal property. i 0 7.3 Joint Administrative Board. No separate legal or administrative entity is created by this Agreement. To the extent necessary, this Agreement shall be jointly administered by the Police Chief for Federal Way or his/her designee, and the Police Chief for Kent or his/her designee, who together, shall constitute the board contemplated in RCW 39.34.030(4)(a). LL 4- 0 7.4 Failure to File or Publish. The failure of either Party to file or publish this Agreement in accordance with RCW 39.34.040 shall not affect the enforceability of this Agreement as between the Parties. 7.5 Entire Agreement. This Agreement constitutes the entire Agreement between the 3 Parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this a Agreement, shall be deemed to exist or bind any of the Parties hereto. Either party may request amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be a, incorporated by written amendment hereto. Q 0 7.6 Doctrine of Contra Proferentem Not Applicable. This agreement has been prepared by both parties with advice of legal counsel and the legal doctrine of Contra c Proferentem shall not be used against either party to resolve any dispute about the meaning of a provision. cm 7.7 Notices. Notices shall be sent to the following addresses: 2- Mayor and Chief Administrative Officer and 2 Police Chief Police Chief c City of Federal Way City of Kent 0 33325 81h Avenue South 220 Fourth Avenue South Federal Way, WA 98003 Kent, WA 98032 as Cn 7.8 Attorney's Fees. Each party shall be responsible for its own attorney and legal fees in any legal proceeding brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this L as Agreement. � d LL 7.9 Severability. If, for any reason, any part, term or provision of this Agreement is = held by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of Y the State of Washington, said provision which may conflict therewith shall be deemed m Jail Interlocal Agreement between t City of Kent and Federal Way Page 8 of 9 Q Packet Pg. 68 4.F.a m inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed •2 modified to conform to such statutory provisions. Cn IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed. 0 �a CITY OF FEDERAL WAY: CITY OF KENT: L d LL 4- 0 Jim Ferrell, Mayor Dana Ralph, Mayor U Dated: Dated: 5 3 c Attest: E a� m L Q Stephanie Courtney, City Clerk 0 L Dated: d� N M Approved as to Form: Approved as to Form: L V L J. Ryan Call, City Attorney Tammy White, City Attorney c U N Dated: Dated: as Cn M M L d LL U c d Y c d Jail Interlocal Agreement between t City of Kent and Federal Way 0 Page 9 of 9 Q Packet Pg. 69 4.F.a Exhibit A - NON-DISCRIMINATION as The Parties are committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with in relation to this Agreement shall comply with the following: L 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); • 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); - • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement L) of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) 3 c a� The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and E Regulations". ;v a The following statements specifically identify the requirements each party, and any contractor, subcontractor, or supplier on this specific Agreement, must adhere to. 0 a� During the performance of this interlocal agreement, each party agrees as follows: N A. Compliance with Regulations: Each party will comply with all Acts and the M Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted o programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they r may be amended from time to time, which are herein incorporated by reference 0 and made a part of this contract. U B. Non-discrimination: Neither party will discriminate on the grounds of race, color, i! or national origin in the selection and retention of subcontractors, including U) procurements of materials and leases of equipment. Neither party 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. L a� a� C. Solicitations for Subcontracts, Including Procurements of Materials and U.- Equipment: In all solicitations, either by competitive bidding, or negotiation made by either party 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 party of the party's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of Y race, color, or national origin. a� E D. Information and Reports: Each party will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will a permit access to its books, records, accounts, other sources of information, and its EEO COMPLIANCE DOCUMENTS - 1 of 3 Packet Pg. 70 4.F.a facilities as may be determined applicable to party's contract by 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 party is in the exclusive possession of another who fails or refuses to furnish the information, the party will so certify to the other party or the Washington State in Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. 0 4- E. Sanctions for Noncompliance: In the event of a party's noncompliance with the non-discrimination provisions of this contract, the other party will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: U_ 4- 0 a. withholding payments under the contract until the party complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: Each party will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials 3 and leases of equipment, unless exempt by the Acts and Regulations and directives a issued pursuant thereto. The party will take action with respect to any subcontract or procurement as the other party or the Washington State Department of Transportation may direct as a means of enforcing such provisions including Q sanctions for noncompliance. Provided, that if the party becomes involved in, or is o threatened with litigation by a subcontractor, or supplier because of such direction, the party may request the other party to enter into any litigation to protect its interests. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. M During the performance of this contract, each party agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: o �a Pertinent Non-Discrimination Authorities: 0 U i. 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); and 49 CFR Part •2 21. 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); 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); Y 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); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, a coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age EEO COMPLIANCE DOCUMENTS - 2 of 3 Packet Pg. 71 4.F.a Discrimination Act of 1975 and 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 funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination cn on the basis of disability in the operation of public entities, public and private L transportation systems, places of public accommodation, and certain testing entities 4° (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; L 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); Ui w 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 and adverse human health or environmental effects on minority and low-income populations; 3 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination L includes discrimination because of Limited English proficiency (LEP). To ensure Q compliance with Title VI, you must take reasonable steps to ensure that LEP persons F0 have meaningful access to 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). M xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) L The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during contract performance. i By signing below, each party agrees to fulfill the requirements referenced above. U U it By: For: City of Kent Title: L Date: a U_ By: U For: City of Federal Wax Y Title: c as E Date: ca a EEO COMPLIANCE DOCUMENTS - 3 of 3 Packet Pg. 72 4.G ADMINISTRATION Arthur "Pat" Fitzpatrick - Chief Administrative Officer 220 Fourth Avenue South KENT Kent, WA 98032 WAS"'N G T O N 253-856-5700 DATE: January 17, 2023 TO: Operations and Public Safety Committee SUBJECT: Ordinance Clarifying Authority of Independent Salary Commission — Adopt MOTION: I move to adopt Ordinance No. 4457, to make a housekeeping amendment to KCC 2.65.050 that clarifies the Independent Salary Commission will review and set the salaries of the city council, the council president, and the mayor. SUMMARY: On November 15, 2022, the Kent City Council considered and passed Ordinance No. 4454, which established an Independent Salary Commission to review and set the salaries of the elected officials of the City of Kent, except for judges elected to the Kent Municipal Court. KCC 2.65.010(B) provides that the Independent Salary Commission may consider setting a salary for the Councilmember chosen to serve as Council President that is different in amount than that set for other Councilmembers, in consideration of the additional duties performed by the Council President. KCC 2.65.050(A), however, which sets out the responsibilities of the Independent Salary Commission, uses language that is not as clear as the purpose statement set forth in KCC 2.65.010(B) and could lead to confusion. For that reason, this housekeeping ordinance revises KCC 2.65.050(A) to more clearly reflect the purpose statement adopted in KCC 2.65.010-that the Independent Salary Commission is vested with the authority to consider setting a salary for the Council President that is different in amount than that salary set for other Councilmembers, in consideration of the additional duties performed by the Council President. As a result, the Independent Salary Commission will review and set the salaries for the City Council, the Council President, and the Mayor. If this ordinance passes out of Committee tonight, it will proceed on Council's consent calendar at tonight's Council meeting as well. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 73 4.G ATTACHMENTS: 1. Salary Commission - Clarification (PDF) Packet Pg. 74 4.G.a 0. 0 Q i c 0 N N ORDINANCE NO. 4457 E E 0 U cv AN ORDINANCE of the City Council of the U) City of Kent, Washington, amending section 2.65.050 of the Kent City Code, related to the Independent Salary Commission and entitled "Responsibilities", to clarify that the Independent Salary Commission may elect to provide for a o different salary for the council president, than that salary which is sets for councilmembers. o 0 Q a� c RECITALS '' L A. On November 15, 2022, the Kent City Council considered and passed Ordinance No. 4454, which established an Independent Salary Commission to review and set the salaries of the elected officials of the City o of Kent, except for judges elected to the Kent Municipal Court. M M B. KCC 2.65.010(B) provides that the Independent Salary .2 c Commission may consider setting a salary for the Councilmember chosen to serve as Council President that is different in amount than that set for other U Councilmembers, in consideration of the additional duties performed by the 0 Council President. N E E C. KCC 2.65.050(A), however, which sets out the responsibilities 0 U of the Independent Salary Commission, uses language that is not as clear as the purpose statement set forth in KCC 2.65.010(B) and could lead to U) a� 1 E Amend KCC 2.65.050 - Re: Responsibilities R of the Independent Salary Commission Q Packet Pg. 75 4.G.a confusion. For that reason, this housekeeping ordinance revises KCC 2.65.050(A) to more clearly reflect the purpose statement adopted in KCC o 2.65.010—that the Independent Salary Commission is vested with the a i authority to consider setting a salary for the Council President that is o .N different in amount than that salary set for other Councilmembers, in y E consideration of the additional duties performed by the Council President. o U cv NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: c as Q. ORDINANCE c SECTION 1. - Amendment - KCC 2.65.050. Section 2.65.050 of the o Kent City Code, entitled 'Responsibilities," is amended as follows: o a Sec. 2.65.050. Responsibilities. The independent salary commission shall have the following responsibilities: U m A. To study the relationship of salaries to the duties of the city council c members, the council president, and the mayor and those of comparable cities, as defined hereinabove, and to establish a salary for the mayor-a+rd allcity council members, and the council president, as M described hereinabove, by either increasing or decreasing the existing c salaries for the city council, the council president, and the mayor by an affirmative vote as provided for by Ch. 2.50 KCC; U B. To review salary schedules and file its amending salary schedules, if c any, not later than the third Tuesday in November of each year to coincide E E with the City's annual budget cycle; provided, that this does not preclude G U the independent salary commission from reviewing and amending salary schedules more often than once per year if circumstances warrant; U) a� 2 E Amend KCC 2.65.050 - Re: Responsibilities R of the Independent Salary Commission Q Packet Pg. 76 4.G.a C. To submit each amended salary schedule to the city clerk, who will r 0. publish the complete schedule two times, at least one week apart, in the a official newspaper of the city. The second publication date will be the official 0 filing date. The schedule will become effective 30 days after this date. y E E D. The commission will use its best efforts to file its initial schedule of 0 U salaries for the positions of Mayor, City councilmembers, and municipal court judges with the city clerk no later than April 1, 2023. After that date, the U) c commission will review and, if it so determines, amend and file its salary schedules not later than the third Tuesday in November of each year to coincide with the City's annual budget cycle. The commission's initial 0 schedule of salaries will have an effective date no sooner than January 1, L 2023. 0 0 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. o F. The commission's established or amended salary schedule will M become effective in the amounts, at the times, and under the conditions c established in the schedule by the commission. Once filed, the City will incorporate the schedule into the City budget without further action by the o U City Council or the commission. c 0 G. Salary increases established by the independent salary commission E E shall be effective as to all city council members and the mayor regardless of 0 U their terms of office. Salary decreases established by the commission shall U) a� 3 E Amend KCC 2.65.050 - Re: Responsibilities R of the Independent Salary Commission Q Packet Pg. 77 4.G.a become effective as to incumbents at the commencement of their next subsequent terms of office. o a H. Existing salaries for the mayor and members of council established by 0 City ordinance or City budget, or by prior action of the independent salary y commission, will remain in effect unless and until changed in accordance E E 0 with the provisions of this chapter. U 0 I. The terms and conditions of the commission's adopted salary U) c schedule will remain in effect until amended under the terms and conditions a c of a new salary schedule filed in accordance with this chapter. c SECTION 2. - Severability. If any one or more section, subsection, o or sentence of this ordinance is held to be unconstitutional or invalid, such o decision shall not affect the validity of the remaining portion of this ordinance a and the same shall remain in full force and effect. L SECTION 3. - Corrections by City Clerk or Code Reviser. Upon U a� approval of the city attorney, the city clerk and the code reviser are c authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or 0 references to other local, state, or federal laws, codes, rules, or regulations. M c 0 SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. 0 U c O January 17, 2023 E DANA RALPH, MAYOR Date Approved c U 7a U) r c as 4 E Amend KCC 2.65.050 - Re: Responsibilities R of the Independent Salary Commission Q Packet Pg. 78 4.G.a ATTEST: r 0 Q January 17, 2023 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted y January 20, 2023 E Date Published 0 U L APPROVED AS TO FORM: U) r c a� c a� a a� CHRISTINA SCHUCK, DEPUTY CITY ATTORNEY 4- 0 'L 0 r Q a� c . :4 'L U m v c c E L 0 r M M C O r R v fC U c O E 0 U L R N 5 E Amend KCC 2.65.050 - Re; Responsibilities of the Independent Salary Commission Q Packet Pg. 79 4.H FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WAS"'N G T O N 253-856-5264 DATE: January 17, 2023 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: November 2022, Financial Report SUMMARY: Michelle Ferguson, Financial Planning Manager, will report out on the November, 2022 financial report. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. November Financial Report (PDF) Packet Pg. 80 November 2022 •nthly Financial Report4.H.a City of Kent, Washington General Fund Overview Adi Budget YTD Est Actual Favorable Favorable (Unfavorable) (Unfavorable, Revenues 127,498,860 113,818,431 135,714,800 8,215,940 6.44 Expenditures 139,233,740 105,967,328 133,126,160 6,107,580 4.4° Net Revenues Less Expenditures (11,734,880) 7,851,103 2,588,640 14,323,520 Beginning Fund Balance 47,660,530 47,660,530 0 Ending Fund Balance 35,925,650 50,249,170 25.8% 37.7% M c ca Required Endina Fund Balance Calculation c ii Budgeted Expenditures for 2022 (from above) 139,233,740 N N 18.0% N 18% GF Ending Fund Balance 25,062,073 E m 0 z $in millions General Fund Ending Fund Balance 10-year History (excluding Annexation) J z O 47.66 0 50.00 LL 41.97 Z 40.00 C N 32.98 M 30.00 21.66 � O 20.00 18.92 20.65 11.91 9.46 10.00 7.65R 4.13 r- O 0.00 LL 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 L E d > O z d E V Q Page 1 of 14 Packet Pg. 81 November 2022 • nthly Financial Report4.H.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 32,688,470 32,901,720 450,270 1.4% Sales & Use 21,027,000 25,137,940 27,433,500 6,406,500 30.5% Utility 19,507,350 19,165,553 20,711,900 1,204,550 6.2% Business &Occupation 19,100,000 14,161,728 18,875,100 (224,900) -1.2% Other 879,790 616,027 913,620 33,830 3.8% Licenses and Permits 7,400,610 7,708,923 8,233,450 832,840 11.3% as Intergovernmental Revenue 3,248,500 2,960,186 3,429,300 180,800 5.6% Charges for Services 6,316,640 7,917,907 8,361,650 2,045,010 32.4% Fines and Forfeitures 1,172,910 531,746 589,040 (583,870) -49.8% Miscellaneous Revenue 2,348,500 2,228,420 2,438,500 90,000 3.8% Transfers In 14,046,110 701,530 11,827,020 (2,219,090) -15.8% - N Total Revenues 127,498,860 113,818,431 135,714,800 8,215,940 6.4% c N Variance analysis for revenues is provided for particular line items or those in which the estimated actual amount differs from the budgeted amount by at least 10% or minimum of$500,000. .0 E Variance Notes > 0 Sales &Use Tax: $6.4m (30.5%) favorable variance due to record inflation and the associated price increases resulting in z higher tax revenue. J Utility Tax: $1.2m (6.2%) favorable variance due to higher than anticipated electric ($692k), natural gas ($343k), ZO garbage ($383k) and cable utility ($75k) taxes, offset by lower than anticipated telephone taxes ($481k). 0 Licenses and Permits: $833k favorable variance due primarily to higher than anticipated Franchise Fees ($378k) and Fire z ($287k) and Street ($115k) Permits. 0 Charges for Services: $2.Om (32.4%) favorable variance due predominantly to increased planning &development service charges ($2.1m), offset by lower Culture & Rec charges ($418k) . Fines and Forfeitures: $583k (-49.8%) unfavorable variance due to decreased civil ($382k) and criminal ($118k) penalties, offset by increased B&O penalties ($107k). 0 m B&O Taxes 14% Other Taxes 1% Utility Taxes Licenses and Permits U- 2022 Budgeted 15% 6% Intergovernmental 3% General Fund E E Revenues ' > 0 z Charges for Services 6% E Fines and Forfeits Other v 0% c0 20% ++ r Q Misc& Transfers In 11% Sales Taxes 20% Property Taxes 24% Page 2 of 14 Packet Pg. 82 November 2022 • nthly Financial Report City of Kent, Washington General Fund Revenues ($ in Thousands) All Revenues Sources Prior Year Budgeted Actual $140,000 - - Revenues Revenues Revenues January 5,898 6,949 6,113 $120,000 February 4,174 6,321 5,033 $100,000 March 6,127 8,775 7,100 $80,000 April 21,521 21,422 21,933 May 7,927 9,459 10,834 $60,000 June 5,491 7,443 6,013 0 O July 9,733 9,252 9,739 m $40,000 - - - - - - - a, August 6,326 6,632 7,994 $20,000 September 5,725 7,314 6,641 tt $0 October 21,552 22,464 21,272 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 8,364 9,136 11,145 LL December 10,968 12,332 0 22 Bud f 21 Act 22 Act Total 113,807 127,499 113,818 0 N L Property �c G Prior Year Budgeted Actual > $35,000 Z $30,000 _ January - 0 0 J February 217 250 57 Z $25,000 - March 1,438 1,150 1,289 O O $20,000 _ April 13,218 12,649 12,892 LL Z May 1,945 2,439 3,048 - $15,000 - June 198 617 101 N le $10,000 _ July 80 145 59 August 190 135 214 V- $5,000 September 394 587 415 Q. $0 October 12,046 12,095 11,127 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,123 2,142 3,487 -v December 203 242 0 22Bud f21Act 4 22Act Total 32,053 32,451 32,688 C ii L E Prior Year Budgeted Actual > $30,000 Revenues Revenues Revenues O Z January 1,802 1,640 2,063 $25,000 February 2,264 1,941 2,329 $20,000 _ March 1,786 1,619 2,112 t c� April 1,753 1,493 2,063 r $15,000 - May 2,270 1,799 2,411 Q June 2,005 1,646 2,167 $10,000 - July 21061 11519 2,239 $5,000 August 2,172 1,859 2,595 September 2,070 1,740 2,334 $0 October 2,023 1,771 2,379 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,150 1,887 2,445 December 2,473 2,112 0 �22 Bud f21 Act -4-22 Act Total 24,829 21,027 25,138 Page 3 of 14 Packet Pg. 83 r- November 2022 • - • • 4.H.a City of Kent, Washington General Fund Revenues ($ in Thousands) Utility Tax Prior Year Budgeted Actual $25,000 Revenues Revenues Revenues January 2,141 1,935 1,980 $20,000 AFebruary 1,215 1,644 1,889 March 1,583 1,666 1,805 $15,000 - April 1,700 1,768 1,859 May 1,542 1,569 1,745 $10,000 - June 1,312 1,438 1,690 y July 2,420 11729 1,713 tv $5,000 - August 1,632 1,505 1,581 September 1,621 1,697 1,672 cOa c $0 October 1,588 1,471 1,656 'LL Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,625 1,564 1,575 C N December 1,884 1,521 0 c N 22 Bud f21Act --*--22Act Total 20,263 19,507 19,166 y • d O BudgetedPrior Year Z $20,000 Revenues Revenues Revenues $18,000 - January 283 86 2 J Z $16,000 - February 2 3 3 0 $14,000 - March (156) 134 79 0 $12,000 - April 2,912 3,091 3,087 Z $10,000 - May 1,008 1,296 1,549 N $8,000 - June 203 231 97 M $6,000 - July 2,966 3,717 3,501 $4,000 - August 1,219 943 1,493 0 $2,000 - September 107 125 141 m d' $0 i October 3,083 3,864 3,591 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,107 994 1,234 v c December 4,940 5,496 0 22 Bud f 21 Act 22 Act Total 17,674 19,980 14,778 U- Other Revenues E for Service, Fines & > O Prior Year Budgeted Actual Z $35,000 Revenues Revenues Revenuesc N $30,000 - January 1,672 3,424 2,068 E t February 475 1,315 755 R $25,000 March 1,476 3,486 1,815 Q $20,000 - - - - April 1,938 2,568 2,033 Ar May 1,161 2,133 2,081 $15,000 - - - June 1,773 3,455 1,957 $10,000 - July 2,205 2,745 2,227 August 1,113 1,937 2,110 $5,000 September 1,533 3,123 2,078 $0 October 2,812 3,278 2,520 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,359 2,268 2,404 December 1,469 4,801 0 22 Bud f 21 Act �22 Act Total 18,988 34,533 22,049 Page 4 of 14 Packet Pg. 84 November 2022 • nthly Financial Report 4.H.a City of Kent, Washington General Fund Overview - Expenditures • • Department Adj Budget ILD a& Est Actual Favorable Favorable (Unfavorable) (Unfavorable) City Council 295,630 265,569 286,590 9,040 3.1% Administration 3,288,820 1,883,205 2,988,460 300,360 9.1% Economic &Community Dev 9,401,560 7,039,177 8,114,930 1,286,630 13.7% Finance 3,074,860 2,474,007 2,902,630 172,230 5.6% Fire Contracted Services 4,060,290 3,621,881 3,824,110 236,180 5.8% Human Resources 2,110,140 1,551,727 1,828,390 281,750 13.4% o Law 1,638,790 1,256,731 1,480,450 158,340 9.7% Municipal Court 3,869,220 3,101,792 3,471,460 397,760 10.3% Parks, Recreation & Comm Svcs 22,554,270 17,091,885 19,558,140 2,996,130 13.3% Police 50,805,480 46,480,660 50,536,320 269,160 0.5% Non-Departmental 38,134,680 21,200,694 38,134,680 ILL Total Expenditures 139,233,740 105,967,328 133,126,160 6,107,580 4.4% 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. a) E Variance Notes ECD: Estimated spend by ECD is $1.3m under budget due to reduced spending on Salaries & Benefits ($196k), services z ($1m), and supplies ($86k) J Parks, Recreation, &Community Services: Estimated spend by Parks, Recreation, &Community Services is $3.Om z O under budget due to reduced spending on Salaries & Benefits ($486k) and services ($2.4m), offset by increased spending O for supplies ($134k). u. z 0 N 2022 Budgeted General Fund 0 Non-Departmental Q- d 29% City Council 0.22% U C C ILL Administration L 2% E 0 Police Other Finance z 38% -- 6% 2% E t Human Resources v R \6% 1% Q Law Fire 1% Services 3% Municipal Court Parks,Recreation&Comm Svcs 3% 15% Page 5 of 14 Packet Pg. 85 4.H.a November 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 47,660,530 47,660,530 47,660,530 Revenues Taxes: Property 31,374,827 32,052,967 32,451,450 32,688,470 32,901,720 Sales & Use 23,629,972 24,828,972 21,027,000 25,137,940 27,433,500 L Utility 18,970,715 20,262,726 19,507,350 19,165,553 20,711,900 0 Business &Occupation 14,784,795 17,060,649 19,100,000 14,161,728 18,875,100 Other 418,235 613,502 879,790 616027 913,620 Licenses and Permits 7,223,420 7,171,129 7,400,610 7,708:923 8,233,450 .5 c Intergovernmental Revenue 3,196,701 3,322,233 3,248,500 2,960,186 3,429,300 c Charges for Services 3,658,232 5,299,515 6,316,640 7,917,907 8,361,650 ii Fines and Forfeitures 776,948 809,293 1,172,910 531,746 589,040 N Miscellaneous Revenue 1,954,937 943,344 2,348,500 2,228,420 2,438,500 N Transfers In 4,820,343 1,442,364 14,046,110 701,530 11,827,020 Total Revenues 110,809,127 113,806,695 127,498,860 113,818,431 135,714,800 ;_ m 0 Expenditures z City Council 384,062 272,914 295,630 265569 286,590 J Administration 1,774,808 2,847,633 3,288,820 1,883:205 2,988,460 z 0 Economic &Community Dev 6,711,489 7,469,721 9,401,560 7,039,177 8,114,930 0 Finance 2,323,636 2,574,151 3,074,860 2,474,007 2,902,630 u_ z Fire Contracted Services 3,674,401 3,280,458 4,060,290 3,621,881 3,824,110 - Human Resources 1,405,219 1,524,097 2,110,140 1,551,727 1,828,390 c N Information Technology 172,932 .�M. Law 1,452,088 1,444,860 1,638,790 1,256,731 1,480,450 Municipal Court 3,402,314 3,394,639 3,869,220 3,101,792 3,471,460 Q. Parks, Recreation & Comm Svcs 16,631,899 17,758,211 22,554,270 17,091,885 19,558,140 tY Police 43,464,679 45,793,526 50,805,480 46,480,660 50,536,320 Public Works 629,087 (720) c Non-Departmental 20,802,826 21,907,021 38,134,680 21,200,694 38,134,680 Total Expenditures 102,829,440 108,266,510 139,233,740 105,967,328 133,126,160 L a� Net Revenues less Expenditures 7,979,686 5,540,186 (11,734,880) 7,851,103 2,588,640 0 z Ending Fund Balance 42,379,461 47,510,086 35,925,650 55,511,633 50,249,170 c m Endina Fund Balance Detail: E t General Fund Reserves 41,969,900 47,660,530 35,925,650 50,249,170 0 r based on same year actuals/budget 40.8% 44.0% 25.8% 37.7% Q Page 6 of 14 Packet Pg. 86 November 2022 • nthly Financial Report4.H.a City of Kent, Washington General Fund Year-to-Year Month Comparison • • 2021 2022 . . Budgetthru November thru November thru November Variance Revenues Taxes: Property 31,143,228 31,850,315 32,688,470 838,155 2.6% 100.7% Sales & Use 21,078,442 22,356,204 25,137,940 2,781,736 12.4% 119.6% Utility 17,748,285 18,378,923 19,165,553 786,630 4.3% 98.2% i Business & Occupation 11,158,248 12,371,301 14,161,728 1,790,427 14.5% 74.1% 0 Other 367,967 362,579 616,027 253,448 69.9% 70.0% Licenses and Permits 5,852,151 6,692,428 7,708,923 1,016,495 15.2% 104.2% Fa Intergovernmental Revenue 2,709,725 2,891,407 2,960,186 68,778 2.4% 91.1% 75 Charges for Services 3,089,278 4,891,169 7,917,907 3,026,739 61.9% 125.3% Fines and Forfeitures 802,453 733,354 531,746 (201,608) -27.5% 45.3% ii Miscellaneous Revenue 1,582,976 1,659,804 2,228,420 568,616 34.3% 94.9% c Transfers In 1,940,760 650,930 701,530 50,600 7.8% 5.0% o Total Revenues 97,473,513 102,838,414 113,818,431 10,980,017 10.7% 89.3% ci a� Expenditures E am City Council 354,686 251,000 265,569 14,569 5.8% 89.8% o Administration 1,415,027 2,177,693 1,883,205 (294,488) -13.5% 57.3% z Economic &Community Dev 6,206,251 6,804,033 7,039,177 235,144 3.5% 74.9% J Finance 2,069,689 2,311,771 2,474,007 162,236 7.0% 80.5% z Fire Contracted Services 3,272,183 3,006,742 3,621,881 615,139 20.5% 89.2% 0 Human Resources 1,263,794 1,367,371 1,551,727 184,357 13.5% 73.5% u_ Information Technology 172,932 z Law 1,301,757 1,308,129 1,256,731 (51,398) -3.9% 76.7% o Municipal Court 3,063,000 3,093,821 3,101,792 7,972 0.3% 80.2% Parks, Recreation &Comm Svcs 14,371,825 15,517,748 17,091,885 1,574,137 10.1% 75.8% Police 39,974,791 41,897,328 46,480,660 4,583,331 10.9% 91.5% o Public Works 629,087 Q- am Non-Departmental 11,223,369 13,020,709 21,200,694 8,179,986 62.8% 55.6% W Total Expenditures 85,318,392 90,756,344 105,967,328 15,210,984 16.8% 76.1% 2 U c LL GF Revenues thru November GF Expenditures thru November 40,000,000 50,000,000 - E 35,000,000 45,000,000 > 30,000,000 __ 40,000,000 - z 35,000,000 25,000,000 30,000,000 20,000,000 _ 0 2020 25,000,000 ■2020 U v 15,000,000 0 2021 20,000,000 02021 r 10,000,000 LJ 2022 15,000,000 a 2022 Q - 10,000,000 5,000,000 5,000,000 - 0 0 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. 87 4.H.a November 2022 • Report City of - Washington Fund Balances 2022 2022 • 2022 Beginning Estimated Estimated Ending Fund Fund Balance Revenues Expenditures Balance Estimated Estimated Operating revenues and expenditures only; capital and non-capital projects are excluded. o Q. General Fund a� General Fund 47,660,530 135,714,800 133,126,160 50,249,170 Special Revenue Funds ca c N Street Fund 10,957,450 21,737,460 18,965,520 13,729,390 NN LEOFF 1 Retiree Benefits 1,271,460 1,175,900 1,378,150 1,069,210 N a� Lodging Tax 129,210 566,600 272,550 423,260 E Youth/Teen Programs 394,810 1,042,200 925,650 511,360 > Capital Resources 24,281,710 27,132,850 21,903,480 29,511,080 z0 Criminal Justice 10,513,870 10,405,510 9,627,770 11,291,610 J Human Services 1,139,620 4,141,410 2,814,000 2,467,030 z O ShoWare Operating 6,922,120 1,150,000 3,548,290 4,523,830 O Other Operating 590,740 121,630 560,640 151,730 z Debt Service Funds Q N e Councilmanic Debt Service 2,020,530 7,829,430 8,563,980 1,285,980 Special Assessments Debt Service 271,910 707,650 682,020 297,540 to Q. Enterprise Funds Water Utility 11,878,690 30,361,130 26,935,250 15,304,570 .5 Sewer Utility 3,862,930 35,919,800 32,982,250 6,800,480 Drainage Utility 14,972,140 24,890,640 27,658,450 12,204,330 iS Solid Waste Utility 271,510 1,198,670 1,162,280 307,900 Golf Complex 187,340 3,328,800 3,114,890 401,250 E Internal Service Funds 0 z Fleet Services 3,007,980 6,558,550 6,029,810 3,536,720 c m Central Services 123,380 294,310 261,970 1551720 z Information Technology 2,096,179 11,701,440 11,731,310 2,066,309 um r Facilities 4,587,100 6,489,200 8,198,290 2,878,010 a Unemployment 1,338,190 169,800 122,420 1,385,570 Workers Compensation 1,431,060 3,203,360 2,175,010 2,459,410 Employee Health & Wellness 8,608,600 16,155,250 14,705,510 10,058,340 Liability Insurance 2,481,560 8,709,810 4,151,690 7,039,680 Property Insurance 642,610 1,183,750 822,390 1,003,970 Other Impact Fee Trust Fund 1,769,950 1,769,950 Page 8 of 14 Packet Pg. 88 November 2022 • nthly Financial Report4.H.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) • • 2021 2022 • 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 Revenues 19,350,928 20,419,435 18,440,900 16,793,949 21,737,460 Expenditures 19,205,266 16,768,746 19,965,520 16,125,214 18,965,520 0 0. Net Revenues Less Expenditures 145,662 3,650,689 (1,524,620) 668,735 2,771,940 LEOFF 1 Retiree Benefits Revenues 1,232,575 1,199,965 1,277,880 1,095,630 1,175,900 c Expenditures 1,571,585 1,519,460 1,572,840 1,247,082 1,378,150 f° C Net Revenues Less Expenditures (339,010) (319,495) (294,960) (151,452) (202,250) N Lodging Tax o Revenues 158,384 221,252 582,740 541,777 566,600 ci Expenditures 270,532 165,720 509,050 240,831 272,550 Net Revenues Less Expenditures (112,148) 55,532 73,690 300,946 294,050 E m Youth/Teen Programs o Revenues 897,527 977,243 931,380 926,968 1,042,200 Z Expenditures 691,260 822,054 925,650 5,757 925,650 J Net Revenues Less Expenditures 206,267 155,189 5,730 921,212 116,550 Z Capital Resources O Revenues 22,885,707 28,353,626 19,937,010 23,973,369 27,132,850 OL Expenditures 27,520,426 18,092,140 21,903,480 18,246,663 21,903,480 Z Net Revenues Less Expenditures (4,634,719) 10,261,487 (1,966,470) 5,726,706 5,229,370 c N Criminal Justice M Revenues 8,673,794 9,774,373 8,686,810 9,550,282 10,405,510 Expenditures 8,504,672 7,540,042 10,265,280 8,157,290 9,62-7 770 Net Revenues Less Expenditures 169,122 2,234,331 (1,578,470) 1,392,991 777,740 c Human Services Revenues 163,728 3,796,657 4,196,600 3,796,289 4,141,410 `° Expenditures 116,660 2,704,110 4,196,600 167,407 2,814,000 a Net Revenues Less Expenditures 47,068 1,092,547 3,628,881 1,327,410 c ii Sho Ware Operating 0 Revenues 1,512,589 3,079,558 1,150,000 800,000 1,150,000 .0 Expenditures 1,451,752 2,091,661 4,393,600 3,298,826 3,548,290 E Net Revenues Less Expenditures 60,837 987,897 (3,243,600) (2,498,826) (2,398,290) o Other Operating Z Revenues 105,155 128,175 121,630 121,630 Expenditures 106,003 104,945 560,640 121,052 560,640 Net Revenues Less Expenditures (848) 23,230 (439,010) (121,052) (439,010) Debt Service Funds r Q Councilmanic Debt Service Revenues 9,144,587 7,988,547 7,955,190 2,216,099 7,829,430 Expenditures 8,679,761 8,348,722 8,563,980 2,252,005 8,563,980 Net Revenues Less Expenditures 464,826 (360,174) (608,790) (35,905) (734,550) Page 9 of 14 Packet Pg. 89 November 2022 • nthly Financial Report4.H.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) • • 2021 2022 • 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 Revenues 784,469 1,035,745 691,660 537,369 707,650 Expenditures 1,386,712 858,473 682,020 5,986 682,020 Net Revenues Less Expenditures (602,243) 177,272 9,640 531,383 25,630 0 Q. Enterprise Funds a� Water Utility Revenues 29,573,424 29,810,341 29,334,150 26,106,623 30,361,130 ca Expenditures 26,464,133 28,183,254 27,023,970 22,751,460 26,935,250 Net Revenues Less Expenditures 3,109,291 1,627,087 2,310,180 3,355,162 3,425,880 N Sewer Utility c Revenues 33,513,294 34,846,524 35,950,070 32,924,027 35,919,800 N L Expenditures 32,252,706 33,974,459 33,187,400 30,192,760 32,982,250 Net Revenues Less Expenditures 1,260,588 872,065 2,762,670 2,731,267 2,937,550 E m Drainage Utility Z Revenues 24,537,483 25,408,140 23,506,990 22,266,690 24,890,640 Expenditures 21,804,802 23,609,481 28,172,100 24,855,192 27,658,450 Net Revenues Less Expenditures 2,732,681 1,798,659 (4,665,110) (2,588,502) (2,767,810) 0 Solid Waste Utility 0 Revenues 837,309 855,492 1,006,110 1,067,431 1,198,670 z_ Expenditures 876,871 995,385 1,234,930 1,059,365 1,162,280 Net Revenues Less Expenditures (39,562) (139,893) (228,820) 8,066 36,3 00 N Golf Complex Revenues 5,938,183 2,526,316 3,227,180 3,059,811 3,328,800 Expenditures 3,070,899 4,513,837 3,114,890 2,784,387 3,114,890 0 CL Net Revenues Less Expenditures 2,867,283 (1,987,522) 112,290 275,424 213,910 d Internal Service Funds U c Fleet Services 1° c Revenues 5,478,589 5,674,822 7,819,690 5,488,278 6,558,550 ii Expenditures 6,559,539 4,894,499 9,196,540 4,606,244 6,029,810 0 Net Revenues Less Expenditures (1,080,950) 780,323 (1,376,850) 882,035 528,740 E Central Services Revenues 309,535 355,897 436,600 266,549 294,310 0 z Expenditures 277,640 320,247 414,110 227,464 261,970 Net Revenues Less Expenditures 31,895 35,650 22,490 39,085 32,340 m Information Technology z Revenues 9,062,099 10,506,136 11,633,360 10,248,532 11,701,440 um Expenditures 10,531,892 10,411,640 12,126,290 10,440,187 11,731,310 r Net Revenues Less Expenditures (1,469,793) 94,496 (492,930) (191,655) (29,870) Q Facilities Revenues 6,327,140 6,704,998 6,547,280 6,014,877 6,489,200 Expenditures 5,125,026 6,222,434 8,981,350 7,049,842 8,198,290 Net Revenues Less Expenditures 1,202,114 482,564 (2,434,070) (1,034,964) (1,709,090) Page 10 of 14 Packet Pg. 90 November 2022 • nthly Financial Report4.H.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) • • 2021 2022 • 2022 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. Unemployment Revenues 166,229 134,862 148,170 153,419 169,800 Expenditures 151,350 161,765 219,010 104,165 122,420 Net Revenues Less Expenditures 14,879 (26,902) (70,840) 49,254 47,380 0 Q. Workers Compensation Revenues 1,551,522 1,019,589 3,218,360 3,162,024 3,203,360 Expenditures 2,106,616 1,788,435 2,125,610 1,941,120 2,175,010 Net Revenues Less Expenditures (555,093) (768,845) 1,092,750 1,220,904 1,028,350 ca c Employee Health & Wellness ii Revenues 15,929,224 15,795,365 15,580,790 14,732,676 16,155,250 N Expenditures 14,097,298 14,736,998 15,580,790 13,174,444 14,705,510 c Net Revenues Less Expenditures 1,831,926 1,058,367 1,558,232 1,449,740 Liability Insurance E Revenues 38,104 8,119,358 8,581,170 8,450,008 8,709,810 Expenditures 2,852,665 4,307,222 4,244,070 3,846,998 4,151,690 0 Net Revenues Less Expenditures (2,814,561) 3,812,136 4,337,100 4,603,010 4,558,120 Property Insurance J z Revenues 578,755 605,819 1,185,750 1,116,384 1,183,750 O Expenditures 587,011 677,950 830,750 1,217,162 822,390 O Net Revenues Less Expenditures (8,257) (72,131) 355,000 (100,779) 361,360 LL Z Other Funds o N Impact Fee Trust Fund M Revenues 4,357,166 3,957,718 3,922,390 2,787,382 1,769,950 Expenditures 4,356,851 3,958,033 3,922,390 1,869,224 1,769,950 0 Net Revenues Less Expenditures 315 (315) 918,158 Other Fund Revenues Other Fund Expenditures U 80,000,000 70,000,000 =_ o Special 60,000,000 --- -- —■Special Revenue LL 60,000,000 Revenue 50,000,000 — Funds Funds 40,000,000 E 40,000,000 - —u Enterprise Funds a)30,000,000 — > 20,000,000 u Enterprise 20,000,000 — 0 Funds 10,000,000 —o Internal Service +� 0lik 0 Funds (D 2020 2021 2022 2020 Actuals 2021 Prelim 2022 Budget E Actuals Prelim Budget v r r Q Page 11 of 14 Packet Pg. 91 November 2022 • Report 4.H.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison • • 2021 2022 thru November thru November thru November Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Special Revenue Funds Street Fund Revenues 11,795,621 14,121,465 16,793,949 2,672,484 18.90/a "0 Expenditures 16,233,766 13,281,603 16,125,214 2,843,610 21.40/a Net Revenues Less Expenditures (4,438,144) 839,862 668,735 LEOFF I Retiree Benefits c Revenues 1,151,543 1,151,766 1,095,630 (56,135) -4.90/c c Expenditures 1,406,164 1,362,276 1,247,082 (115,194) -8.50/c u- Net Revenues Less Expenditures (254,621) (210,511) (151,452) N 0 N Lodging Tax Revenues 159,509 192,674 541,777 349,104 181.20/a E Expenditures 191,991 144,700 240,831 96,131 66.40/c m Net Revenues Less Expenditures (32,482) 47,973 300,946 0 z Youth/Teen Programs J Revenues 854,189 890,702 926,968 36,266 4.10/a z Expenditures 6,499 7,150 5,757 (1,393) -19.59% O Net Revenues Less Expenditures 847,689 883,552 921,212 LL z Capital Resources Revenues 17,855,500 23,149,261 23,973,369 824,108 3.60/c N Expenditures 20,871,142 15,232,039 18,246,663 3,014,624 19.80/a M Net Revenues Less Expenditures (3,015,641) 7,917,222 5,726,706 0 Criminal Justice m Revenues 7,591,297 8,964,571 9,550,282 585,711 6.50/a O� Expenditures 7,869,345 6,774,650 8,157,290 1,382,641 20.40/c 2 Net Revenues Less Expenditures (278,048) 2,189,921 1,392,991 r_ LL Human Services L Revenues 98,546 2,829,731 3,796,289 966,558 34.20/a � Expenditures 199,136 167,407 (31,729) -15.9% E Net Revenues Less Expenditures 98,546 2,630,594 3,628,881 0 z ShoWare Operating Revenues 1,724,088 1,300,855 800,000 (500,855) -38.50/c m Expenditures 1,292,919 1,442,575 3,298,826 1,856,251 128.7o/c Net Revenues Less Expenditures 431,169 (141,720) (2,498,826) U r r Admissions Tax revenues received quarterly (April, July, September, January) Q Other Operating Revenues Expenditures 111,990 79,723 121,052 41,329 51.80/c Net Revenues Less Expenditures (111,990) (79,723) (121,052) Combines several small programs, including City Art Program and Neighborhood Matching Grants Page 12 of 14 1 Packet Pg. 92 November 2022 • Report 4.H.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison • • 2021 2022 • thru November thru November thru November Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Debt Service Funds Councilmanic Debt Service Revenues 2,410,093 2,314,811 2,216,099 (98,712) -4.30/. Q. Expenditures 2,513,423 2,350,523 2,252,005 (98,518) -4.2% Net Revenues Less Expenditures (103,329) (35,712) (35,905) Debt service payments are generally due in June and December. c ca Special Assessments Debt Service Revenues 628,923 658,685 537,369 (121,316) -18.4% LL Expenditures 332,182 5,601 5,986 385 6.9% N Net Revenues Less Expenditures 296,741 653,084 531,383 N L FundsEnterprise E Water Utility Z Revenues 26,332,753 28,059,723 26,106,623 (1,953,100) -7.0% Expenditures 21,578,398 27,319,625 22,751,460 (4,568,165) -16.70/c Z Net Revenues Less Expenditures 4,754,355 740,098 3,355,162 O Sewer Utility O_ Revenues 30,746,715 32,339,915 32,924,027 584,112 1.80% Z Expenditures 29,778,922 33,187,706 30,192,760 (2,994,946) -9.0% c Net Revenues Less Expenditures 967,792 (847,790) 2,731,267 M Drainage Utility 1` Revenues 21,078,135 22,982,110 22,266,690 (715,421) -3.1 Q% . Expenditures 17,994,247 20,378,589 24,855,192 4,476,602 22.00/c Net Revenues Less Expenditures 3,083,888 2,603,521 (2,588,502) U Solid Waste Utility Revenues 697,622 727,168 1,067,431 340,263 46.80/c _ Expenditures 800,663 901,347 1,059,365 158,019 17.50/c L Net Revenues Less Expenditures (103,041) (174,179) 8,066 Golf Complex m Revenues 5,651,265 2,355,834 3,059,811 703,977 29.90/a o Expenditures 3,584,268 4,301,101 2,784,387 (1,516,714) -35.3% Z Net Revenues Less Expenditures 2,066,997 (1,945,267) 275,424 E Internal Service Funds t U r r Fleet Services Q Revenues 5,034,569 5,268,249 5,488,278 220,030 4.20/c Expenditures 5,041,821 4,361,279 4,606,244 244,965 5.60/c Net Revenues Less Expenditures (7,252) 906,969 882,035 Central Services Revenues 287,176 327,408 266,549 (60,859) -18.6% Expenditures 269,785 281,599 227,464 (54,134) -19.2% Net Revenues Less Expenditures 17,391 45,810 39,085 Page 13 of 14 Packet Pg. 93 November 2022 • Report 4.H.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2020 2021 2022 2022-2021 thru November thru November thru November Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Information Technology Revenues 8,220,544 8,460,421 10,248,532 1,788,111 21.10/a Expenditures 9,552,898 8,530,554 10,440,187 1,909,632 22.40/a Net Revenues Less Expenditures (1,332,353) (70,133) (191,655) o Q. Facilities Revenues 5,780,559 6,331,688 6,014,877 (316,811) -5.00/c Expenditures 4,594,000 5,598,000 7,049,842 1,451,841 25.90/a Net Revenues Less Expenditures 1,186,559 733,688 (1,034,964) Unemployment LL Revenues 145,811 144,560 153,419 8,859 6.10/. c Expenditures 148,753 157,894 104,165 (53,729) -34.00/c N Net Revenues Less Expenditures (2,941) (13,334) 49,254 Workers Compensation E Revenues 1,352,404 999,000 3,162,024 2,163,024 216.50/c o Expenditures 1,206,427 1,618,537 1,941,120 322,583 19.9O/C z Net Revenues Less Expenditures 145,977 (619,537) 1,220,904 J Employee Health & Wellness z Revenues 14,429,450 14,675,406 14,732,676 57,271 0.40/a O Expenditures 12,718,537 13,390,583 13,174,444 (216,139) -1.6% 0 Net Revenues Less Expenditures 1,710,913 1,284,822 1,558,232CD Z Liability Insurance N Revenues 2,219,770 7,448,456 8,450,008 1,001,551 13.40/a M Expenditures 2,118,176 3,866,753 3,846,998 (19,755) -0.5% V_ Net Revenues Less Expenditures 101,595 3,581,703 4,603,010 0 CL Property Insurance Revenues 529,196 562,038 1,116,384 554,345 98.6% Fu Expenditures 876,432 1,013,848 1,217,162 203,314 20.10% Net Revenues Less Expenditures (347,236) (451,810) (100,779) ii Other . L Impact Fee Trust Fund Revenues 2,110,385 3,718,692 2,787,382 (931,310) -25.0% Expenditures 1,994,141 2,873,151 1,869,224 (1,003,927) -34.9% o Net Revenues Less Expenditures 116,245 845,541 918,158 z Other Fund Revenues thru November Other Fund Expenditures thru E 90,000,000 November U 80,000,000 90,000,000 Q 70,000,000 — 80,000,000 60,000,000 70,000,000 50,000,000 -- 60,000,000 40,000,000 — 0 2020 50,000,000 30,000,000 — 0 2021 40,000,000 0 2020 20,000,000 — 30,000,000 0 2021 10,000,000 _ u 2022 20,000,000 0 10,000,000 2022 Special Enterprise Internal 0 Revenue Funds Service Funds Special Enterprise Internal Funds Revenue Funds Service Funds Fund Page 14 of 14 1 Packet Pg. 94 4.1 FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WAS"'N G T O N 253-856-5264 DATE: January 17, 2023 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: Utility Shut-Off Policy Updates and Grant SUMMARY: Customer Services Manager, Molly Bartlemay will present an update to the Council on the City's Utility Shut-off policy and Grant. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 95