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HomeMy WebLinkAboutCity Council Committees - Operations and Public Safety Committee - 05/16/2023 (2) 4^* Operations and Public Safety • Committee KEN T Tuesday, May 16, 2023 WASH I NGTON 4:0 0 PM Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 864 6068 2566 Passcode: 127605 Join Zoom Meeting 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 May 2, 2023 YES Chair 01 MIN. Minutes B. Payment of Bills - Approve YES Paula Painter 01 MIN. C. Consolidating Budget YES Michelle Ferguson 05 MIN. Adjustment Ordinance for Adjustments between January 1, 2023 and March 31, 2023 - Adopt D. Office of the Washington YES Megan Marks 05 MIN. State Auditor Engagement Letter for the 2022 Audit - Authorize E. INFO ONLY: Kent East Hill NO Julie Parascondola 20 MIN. Operations Center Update Paula Painter Operations and Public Safety Committee CC Ops and May 16, 2023 PS Regular Meeting and Next Steps F. City Council Bylaws, Rules, YES Tammy White 10 MIN. and Procedures - Resolution - Adopt G. Home Repair Portable AC YES Merina Hanson 05 MIN. Unit Distribution for Low Income Seniors Contract- Authorize H. Jail Management System YES Brian Rambonga 05 MIN. Purchase Agreement - Authorize I. ARPA - Subrecipient YES Bill Ellis 15 MIN. Agreement with the Kristi Morgansen, Ph.D University of Washington - Tsai-En Cheng Authorize 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 May 2, 2023 Date: May 2, 2023 Time: 4:00 p.m. Place: Chambers Members: Bill Boyce, Chair Brenda Fincher, Councilmember Satwinder Kaur, Councilmember Marli Larimer, Councilmember Zandria Michaud, Councilmember Les Thomas, Councilmember o Toni Troutner Councilmember 0 L Agenda: a a 1. Call to Order 4:00 p.m. a Council President Boyce called the meeting to order. 2. Roll Call N N Attendee Name Title Status Arrived ;, Bill Boyce Chair Present Brenda Fincher Councilmember Present c Satwinder Kaur Councilmember Excused Marli Larimer Councilmember Present c Zandria Michaud Councilmember Present Les Thomas Councilmember Excused c Toni Troutner Councilmember Present Q. as 3. Agenda Approval a Item 4. D INFO ONLY: March 2023, Financial Report, was removed from the agenda. 1. Motion RESULT: MOTION PASSES [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Troutner 4. Business A. Approval of Minutes ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 2 Packet Pg. 3 Operations and Public Safety Committee CC Ops May 2, 2023 and PS Regular Meeting Kent, Washington Minutes ................................................................................................................................................................................................................................................................................................ _............................................................................................................................................................................................................ i. Approval of Minutes dated April 18, 2023 MOTION: Move to approve the Minutes dated April 18, 2023 SER ULT: APPROVED [UNANIMOUS] MOVER: Zandria Michaud, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Troutner B. Payment of Bills - Approve MOTION: I move to approve the payment of bills. RESULT: MOTION PASSES [UNANIMOUS] Next: 5/16/2023 7:00 PM MOVER: Marli Larimer, Councilmember o SECONDER: Toni Troutner, Councilmember E AYES: Boyce, Fincher, Larimer, Michaud, Troutner a a C. Budget Adjustment Authorizing One Full Time Employee - Approve a Finance Director, Paula Painter provided details on the budget adjustment a requesting a full-time employee in the Administration Department. o Painter provided a recap of prior staff reductions in the Administration o Department and advised the City is allowed to utilize ARPA funding to restore N lost positions during COVID. ;, All councilmembers spoke in support of this motion. o a� r Mayor Ralph provided details on the duties that will be assigned to the new staff member and also shared duties. If approved, this new position could be filled by May 16, 2023. a MOTION: I move to approve the increase in authorized budgeted FTE's by one full-time position in the Administration Department that a would be funded by the American Rescue Plan Act grant. r RESULT: MOTION PASSES [UNANIMOUS] Next: 5/16/2023 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Boyce, Fincher, Larimer, Michaud, Troutner S. Adjournment 4:14 p.m. Boyce adjourned the meeting at 4:14 p.m. Ki war ley Kovno)- Committee Secretary ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 2 Packet Pg. 4 4.B FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: May 16, 2023 TO: Operations and Public Safety Committee SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills. SUMMARY: BUDGET IMPACT: Packet Pg. 5 4.0 FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 W A S ENT N G T O N 253-856-5264 DATE: May 16, 2023 TO: Operations and Public Safety Committee SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments between January 1, 2023 and March 31, 2023 - Adopt MOTION: I move to adopt Ordinance No. 4465, consolidating budget adjustments made between January 1, 2023 and March 31, 2023, reflecting an overall budget increase of $21,479,680. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $21,479,680. Adjustments totaling $16,560,670 have previously been approved by Council and are summarized as follows: $4,759,460 in grants as follows: $3,125,000 in grants for the Quiet Zone project, including a State Department of Commerce Grant ($2,950,000) and King County Grant ($175,000) $1,385,000 WSDOT Highway Safety Improvement Program Grant for the 1081" Avenue South East and South East 2641" Street Compact Roundabout ($785,000) and the City Safety Road Diets program ($600,000). $200,000 King County Watershed Management Grant to be used for Lower Russell Habitat Area A. $49,460 in net miscellaneous grants including a COVID-related Commerce Arrearages Grant ($17k), OPD Grant ($25k) and WATPA PD Equipment Grant ($32k), offset by expired grant funds from the 21-22 Walker/Roller Grant (-$25k). $11,801,210 in carryforward budgets that were previously authorized in 2022: $1,294,850 of Facilities Lifecycle budgets. $3,691,170 of Fleet budgets for vehicles ordered but not delivered. $2,494,070 of Parks General Fund ($2,467,570, which includes the transfer out of $1,750,000 of ARPA funds to a Human Services ARPA Packet Pg. 6 4.0 project) and Criminal Justice Fund ($26,500) budgets. $1,750,000 of Parks ARPA Human Services project budget. $1,629,890 for the transfer ($798,220) of Parks Lifecycle carryforward and establishment of the budget ($798,220) within a new Lifecycle project, as well the carryforward of Parks Maintenance Overhead ($33,450). $870,020 of Criminal Justice budgets for 2022 vehicles ordered but not delivered. $71,210 for the 2022 Recycling Grant Carryforward ($62,190) and Finance department carryforward ($9,020). The remaining adjustments totaling $4,919,010 have not been previously approved by Council. Highlights include: $4,047,350 for 2023 Salary & Benefit adjustments based on updated AFSCME and Teamsters contract agreements and cost of living adjustments. $400,000 for the transfer ($200k) and use ($200k) of ARPA funds for the Graffiti Removal project. $189,670 for Elected Official Salary & Benefits adjustments. $150,000 to adjust the PEG Fees budget to actual fees received. $122,050 to move ECD's Comprehensive Plan budget into a project. $22,060 to remove cost allocations from the Special Assessed Debt Service Fund and correct the negative fund balance. $(12,120) reduction due to closing two IT projects (-$6,060) and returning the funds to the General Fund (-$6,060). BUDGET IMPACT: These expenditures are funded by grants, existing fund balance, or other new revenues. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Budget Adjustment Ordinance Q1 2023 Supp (PDF) Packet Pg. 7 4.C.a c m m 3 r a� r c as E ORDINANCE NO. 4465 a L O V AN ORDINANCE of the City Council of the City of Kent, Washington, approving the o consolidating budget adjustments made between January 1, 2023 and March 31, 2023, reflecting an E overall budget increase of $21,479,680. 3 a a� RECITALS m A. Expenditures as classified in the final, adopted budget constitute the city's appropriations for that year. After adoption, there are o a variety of events that will precipitate the need to amend the adopted 0 budget, such as grant awards, bonds issuance, collective bargaining LO LO agreements and additional budget requests. These modifications are 0. periodically consolidated into a supplemental budget adjustment ordinance amending the original adopted budget. co 0 N CY NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: a L O r ORDINANCE E SECTION 1. - Budget Adjustments. The 2023-2024 biennial budget Z a is amended to include budget fund adjustments for the first quarter of 2023 am from January 1 to March 31, 2023, as summarized and set forth in m Exhibit "A," which is attached and incorporated into this ordinance. Except a� E 1 2023-2024 Budget Adjustment U First Quarter 2023 r Q Packet Pg. 8 4.C.a as amended by this ordinance, all terms and provisions of the 2023-2024 a� biennial budget Ordinance No. 4451 shall remain unchanged. 3 a� SECTION 2. - Severability. If any one or more section, subsection, E or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance a L and the same shall remain in full force and effect. 0 a� SECTION 3. - Corrections by City Clerk or Code Reviser. Upon L approval of the City Attorney, the City Clerk and the Code Reviser are 0 authorized to make necessary corrections to this ordinance, including the E correction of clerical errors; ordinance, section, or subsection numbering; or 3 references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. - Effective Date. This ordinance shall take effect and be m in force five days after publication, as provided by law. 0 c 0 June 6, 2023 DANA RALPH, MAYOR Date Approved n U) M ATTEST: a a 0 co M June 6, 2023 N 0 N KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted C.- as June 9, 2023 Date Published E L O r APPROVED AS TO FORM: E Z a TAMMY WHITE, CITY ATTORNEY m c as E 2 2023-2024 Budget Adjustment U First Quarter 2023 r Q Packet Pg. 9 4.C.a Exhibit A City of Kent Budget Adjustment Ordinance 3 Adjustments January 1, 2023 to March 31, 2023 N Previously Approval Total N Fund Title Approved Requested Adjustment Ordinance a General Fund 2,516,250 2,422,280 4,938,530 `o Street Fund 3,125,000 517,660 3,642,660 Capital Resource Fund 831,670 122,050 953,720 Criminal Justice Fund 903,660 88,680 992,340 Human Services Fund 1,750,000 - 1,750,000 0 Special Assessed Debt Service Fund - (5,940) (5,940) Street Capital Projects 1,385,000 - 1,385,000 E Parks Capital Projects 798,220 - 798,220 Other Capital Projects - 150,000 150,000 a Technology Capital Projects - (6,060) (6,060) Water Operating Fund 1,190 392,660 393,850 Sewerage Operating Fund 760 171,230 171,990 a� Drainage Operating Fund 200,710 444,960 645,670 r Solid Waste Operating Fund 62,190 33,080 95,270 -a Golf Operating Fund - 84,440 84,440 Fleet Services Fund 3,691,170 63,450 3,754,620 �o Central Services Fund - 295,230 295,230 Facilities Management Fund 1,294,850 127,970 1,422,820 LO Insurance Funds - 17,320 17,320 Total 16,560,670 4,919,010 21,479,680 a 3 co M N O N V- CY d V C R C E L O r E Z a m E a Packet Pg. 10 4.C.a Budget Adjustment Detail for Budget Changes January 1, 2023 to March 31, 2023 c m Approval Previously Not Previously Total d Date or Approved by Approved by Adjustment 3 Other Fund Council Council Ordinance N to General Fund C Parks 2022 Carryforward 2022 2,467,570 2,467,570 N Finance 2022 Carryforward 2022 6,360 6,360 E Elected Officials S&B Adjustments 189,670 189,670 2023 S&B Adjustments 2,010,670 2,010,670 Transfer ARPA funds for Graffiti Removal 1100 200,000 200,000 Q Close IT Projects 3400 (6,060) (6,060) Commerce Arrearages Grant KCC 3.70 17,070 17,070 2023 Portion of OPD Grant KCC 3.70 25,250 25,250 d V Remove Cost Allocation to Special Assesment Debt Fund 2500 28,000 28,000 C Total General Fund 2,516,250 2,422,280 4,938,530 R C Street Fund L C) Establish budget for Quiet Zone Grant 3/21/2023 3,125,000 3,125,000 }, 2023 S&B Adjustments 317,660 317,660 d Establish budget for ARPA Graffiti Removal funds 1000 200,000 200,000 E Total Street Fund 3,125,000 517,660 3,642,660 N 3 Capital Resource Fund '13 Parks Carryforward and Transfer of 2022 Lifecycle to Lifecycle Project 2022 831,670 831,670 Q Move ECD Comprehensive Plan Budget to a Project 122,050 122,050 d 0) Total Capital Resource Fund 831,670 122,050 953,720 -a 7 m Criminal Justice Fund Carryforward of 2022 PD vehicles ordered but not delivered 2022 870,020 870,020 Parks Human Services 2022 Carryforwards 2022 26,500 26,500 2023 S&B Adjustments 88,680 88,680 WATPA Equipment Grant KCC 3.70 32,000 32,000 O Expired 21-22 Walker/Roller Grant funds KCC 3.70 (24,860) (24,860) N C Total Criminal Justice Fund 903,660 88,680 992,340 U Human Services Fund Parks 2022 Carryforward of ARPA funds 2022 1,750,000 1,750,000 u) Total Human Services Fund 1,750,000 - 1,750,000 M Special Assessed Debt Service Fund Q Remove Cost Allocation from General Fund (5,940) (5,940) O Total Special Assessed Debt Service Fund - (5,940) (5,940) M N Street Capital Projects N True Up HSIP Grant for 108th Roundabout 3/2/2021 785,000 785,000 True up HSIP Grant for Road Diets 3/2/2021 600,000 600,000 CY Total Street Capital Projects Fund 1,385,000 - 1,385,000 d V C Parks Capital Projects Establish budget for Carryforward Parks Lifecycle in a project 2022 798,220 798,220 Total Parks Capital Projects Fund 798,220 - 798,220 0 r Other Capital Projects d Adjust PEG Fees Budget for Actuals 150,000 150,000 E Total Other Capital Projects Fund - 150,000 150,000 N 3 Technology Capital Projects Close IT Projects 1000 (6,060) (6,060) Q Total Technology Capital Projects Fund - (6,060) (6,060) Water Operating Fund fb 2023 S&B Adjustments 392,660 392,660 Finance 2022 Carryforward 2022 1,190 1,190 C Total Water Operating Fund 1,190 392,660 393,850 N E t V R r r Q Packet Pg. 11 4.C.a Budget Adjustment Detail for Budget Changes January 1, 2023 to March 31, 2023 c m Approval Previously Not Previously Total Date or Approved by Approved by Adjustment 3 Other Fund Council Council Ordinance to Sewerage Operating Fund C 2023 S&B Adjustments 171,230 171,230 N Finance 2022 Carryforward 2022 760 760 E Total Sewerage Operating Fund 760 171,230 171,990 'a Drainage Operating Fund Q 2023 S&B Adjustments 444,960 444,960 L Finance 2022 Carryforward 710 710 0 King County Watershed Management Grant 11/15/2022 200,000 200,000 V Total Drainage Operating Fund 200,730 444,960 645,670 C R C Solid Waste Operating Fund 2023 S&B Adjustments 33,080 33,080 L C) 2022 Recycling Grant Carryforward 2022 62,190 62,190 +. Total Solid Waste Operating Fund 62,190 33,080 95,270 d E Golf Operating Fund N 2023 S&B Adjustments 84,440 84,440 Total Golf Operating Fund - 84,440 84,440 Q Fleet Services Fund 2023 S&B Adjustments 63,450 63,450 -a 2022 Carryforward for vehicles ordered but not delivered 2022 3,691,170 3,691,170 m Total Fleet Services Fund 3,691,170 63,450 3,754,620 C Central Services Fund 2023 S&B Adjustments 295,230 295,230 Total Central Services Fund - 295,230 295,230 p N C Facilities Management Fund U Parks 2022 Carryforwards 2022 1,294,850 1,294,850 2023 S&B Adjustments 127,970 127,970 Total Facilities Management Fund 1,294,850 127,970 1,422,820 M Insurance Funds v 2023 S&B Adjustments 17,320 17,320 Q' Q Total Insurance Funds - 17,320 17,320 Grand Total All Funds 16,560,670 4,919,010 21,479,680 N O N V- CY d V C R C L O r I_ Z a m E M a Packet Pg. 12 4.D FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: May 16, 2023 TO: Operations and Public Safety Committee SUBJECT: Office of the Washington State Auditor Engagement Letter for the 2022 Audit — Authorize MOTION: I move to authorize the Mayor and Finance Director to sign the Engagement Letter with the Office of the Washington State Auditor for the 2022 audit. SUMMARY: This Engagement Letter confirms the nature and limitations of the audit, as well as responsibilities of the parties and other engagement terms. The letter also confirms the audits will be performed for the City of Kent by the Office of the Washington State Auditor in accordance with the provisions of Chapter 43.09 of the RCW. The following audits for the fiscal year ended December 31, 2022, will be performed: • Financial Statement Audit • Federal Single Audit • Accountability Audit BUDGET IMPACT: The Office of the Washington State Auditor estimates the cost of the audit to be $202,000 plus travel costs, and other expenses, if any. With a current budget of $174,000, the 2023 budget will need to be increased by $28,000. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. City of Kent FY22 Engagement Letter (PDF) Packet Pg. 13 4.D.a a�es I �oVif,laag 7 Q Oce of the Washington State Auditor o ffi Pat McCarthy L May 8, 2023 L Mayor and City Council _J City of Kent 220 4th Ave. S. E Kent, WA 98032 c w L We are pleased to confirm the audits to be performed by the Office of the Washington State Auditor, in accordance with the provisions of Chapter 43.09 RCW, for the City of Kent. This letter confirms a the nature and limitations of the audits, as well as responsibilities of the parties and other engagement -W terms. in c Office of the Washington State Auditor Responsibilities c Financial Statement Audit We will perform an audit of the comprehensive financial report and basic financial statements of the City of Kent as of and for the fiscal year ended December 31, 2022, prepared in accordance with r accounting principles generally accepted in the United States of America (GAAP). The objective of c our audit will be to express our opinion on these financial statements. °; We will perform our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing LO Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free from material misstatement. Since we do not review every transaction, J our audit cannot be relied upon to identify every potential misstatement. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk E exists that some material misstatements may not be detected,even though the audit is properly planned a, and performed in accordance with the standards identified above. w cm A financial statement audit involves performing procedures to obtain audit evidence about the amounts N and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, w including the assessment of the risks of material misstatement of the financial statements,whether due to fraud or error. In making those risk assessments, the auditor considers relevant internal controls in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of 0, expressing an opinion on the effectiveness of internal control. Accordingly, we will express no such v opinion. as E Although our audit is not designed to provide an opinion on the effectiveness of internal control over financial reporting, we are required to report any identified significant deficiencies and material Q weaknesses in controls. We are also required to report instances of fraud and noncompliance with Insurance Building, P.O. Box 40021 •Olympia,Washington 98504-0021 •(564)999-0950•Pat.McCarthy@sao.wa. Packet Pg. 14 4.D.a provisions of laws, regulations, contracts, and grant agreements that could have a direct and material effect on the accuracy of financial statements. i A financial statement audit also includes evaluating the appropriateness of accounting policies used Q and the reasonableness of significant accounting estimates made by management,as well as evaluating N the overall presentation of the financial statements. N as All misstatements identified by the audit will be discussed with management. Material misstatements c corrected by management and all uncorrected misstatements will be communicated at the exit L conference, as required by professional auditing standards. a� J Our responsibility is to express in a written report an opinion on the financial statements based on the results of our audit. We cannot guarantee an unmodified opinion. We may modify or disclaim an E opinion on the financial statements if we are unable to complete the audit or obtain sufficient and appropriate audit evidence supporting the financial statements.If our opinion is other than unmodified, w we will fully discuss the reason with you prior to issuing our report. Further, in accordance with `o professional standards, we may add emphasis-of-matter or other-matter paragraphs to our report to describe information that, in our judgment, is relevant to understanding the financial statements or our a audit. M Cn We will also issue a written report (that does not include an opinion) on issues identified during the c audit related to internal control over financial reporting and on compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. as The City prepares supplementary information that accompanies the financial statements, which is r required by Generally Accepted Accounting Principles. We agree to perform auditing procedures on a) this information, with the objective of expressing an opinion as to whether it is fairly stated, in all U material respects, in relation to the financial statements taken as a whole. o co The City also prepares other information to accompany the financial statements,which is required by M accounting standards or is done at its discretion. We will perform limited procedures on this i information for the purpose of identifying inconsistencies with the financial statements. However,we will not express an opinion on its fair presentation. � c as Federal Single Audit E We will also perform a federal single audit on compliance with, and report on internal control over compliance for, each major program for the fiscal year ended December 31, 2022, in accordance with w auditing standards generally accepted in the United States of America; the standards applicable to N financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative c Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Y Those standards and the Uniform Guidance require that we plan and perform the audit to obtain c reasonable assurance about whether noncompliance with the types of compliance requirements that could have a direct and material effect on a major federal program occurred. An audit includes v examining, on a test basis, evidence about compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk exists that some material noncompliance may not be detected, even though the audit is properly planned and Q performed in accordance with these standards and the Uniform Guidance. Packet Pg. 15 4.D.a In planning and performing the compliance audit, we will consider internal control over compliance i in order to determine the appropriate auditing procedures necessary for opining on compliance with each major program, and for testing and reporting on internal control over compliance in accordance Q with Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of N internal control over compliance. Accordingly, we will express no such opinion. Although our audit N is not designed to provide an opinion on the effectiveness of internal control over compliance, we are required to report any identified significant deficiencies and material weaknesses in controls. c 0 L We will express an opinion as to whether the Schedule of Expenditures of Federal Awards is fairly B stated, in all material respects, in relation to the financial statements taken as a whole for the fiscal _J year ended December 31, 2022. E as We estimate the federal single audit will cover two federal grant programs,which will be identified at the audit entrance conference. If additional grant programs are audited to satisfy the requirements of w the Uniform Guidance, the audit budget discussed below will increase by approximately $8,000 per `o additional major program. a Upon completion of our audit we will issue a written report containing our opinion on compliance for ; each major program and a written report on internal control over compliance. We cannot provide in assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is c necessary for us to modify our opinion, issue a disclaimer of opinion, or add an emphasis-of-matter or other-matter paragraph(s) to the report. Accountability Audit as We will perform an accountability audit of compliance with applicable state laws, regulations, and policies, and of controls over the safeguarding of public resources for the fiscal year ended December as 31, 2022. The audit will be conducted in accordance with provisions of RCW 43.09.260 and the Office's audit policies, which include policies specific to these types of audits and general audit 0 policies. Our general audit policies apply to all our engagements and incorporate the requirements of LO Government Auditing Standards, as applicable, on topics such as communications with auditees, M independence, audit evidence and documentation, and reporting. i a� W An accountability audit involves performing procedures to obtain audit evidence about compliance _J and controls in areas selected for audit. In keeping with general auditing practices,we do not examine every transaction, activity, policy, internal control, or area. The areas examined and procedures E selected depend on the auditor's judgment, including the assessment of the risks of fraud, loss, abuse, or noncompliance. w N Upon completion of our audit, we will issue a written report describing the overall results and conclusions for the areas we examined. c as Data Security o Our Office is committed to appropriately safeguarding the information we obtain during the course of the audit. We have entered into a data sharing agreement with the City to ensure compliance with v legal requirements and Executive Directives(Executive Order 16-01,RCW 42.56 and OCIO Standard 141.10) in the handling of information considered confidential. E Responsibilities specific to this engagement Q Additionally,we will: Packet Pg. 16 4.D.a • Provide management with advanced notification if we identify issues that require further audit work and increase audit costs. i • Participate in weekly progress meetings to discuss the status of the audit plans for future weeks. At those meetings, we will provide information on the departments we will work in and the Q audit objectives we will be addressing. N • Conduct a formal entrance conference on the financial and single audits after we have N completed financial and single audit planning. The entrance conference on the accountability audit may be conducted at a later date if we have not completed planning for that audit. • Conduct a formal exit conference to discuss results of the financial and single audits held on L or before September 30, 2023. The exit conference on the accountability audit may be conducted at a later date since our audit work may not be completed by the end of September. _J • Provide our financial statement opinion(ACFR letter)by June 30,2023 provided the financial statements we receive for audit are free of significant or numerous errors and the City fulfills E its requirements listed in the succeeding Client's Responsibilities section. • Provide our Single Audit opinions by September 30, 2023. c • Interact with staff professionally and respectfully and communicate needs and issues in a c timely manner. We will notify the City the previous day, if we know that audit staff will not be onsite the subsequent day(s). a • Provide written correspondence during the course of the audit through email to the audit ; liaison, Jim Lin, Accounting Supervisor in • Provide advance notice when a scheduled meeting is to be cancelled. c • Allow the City seven days to provide a written response to any findings. Reporting levels for audit issues Issues identified through the auditing process will be communicated as follows. Failure to appropriately address audit issues may result in escalated reporting levels. r • Findings formally address issues in an audit report. Findings report significant results of the ° as audit, such as significant deficiencies and material weaknesses in internal controls; misappropriation; and material abuse or non-compliance with laws, regulations, contracts or O grant agreements. You will be given the opportunity to respond to a finding, and this response, LO or a synopsis of it,will be published in the audit report. Professional auditing standards define M the issues we must report as findings with regard to non-compliance with a financial statement i effect and internal controls over financial reporting. The Uniform Guidance defines the issues we must report as findings with regard to non-compliance and internal controls over _J compliance with federal grants. • Management letters communicate control deficiencies, non-compliance, misappropriation, E abuse, or errors with a less-than-material effect on audit objectives. Management letters are referenced, but not included, in the audit report. c • Exit items address control deficiencies, non-compliance, abuse, or errors that have an N insignificant effect on audit objectives. These issues are informally communicated to management and are not referenced in the audit report. c a� Client's Responsibilities c Management is responsible for the accuracy and completeness of information provided to the auditor and will provide the Office of the Washington State Auditor with: v • Unrestricted access to people with whom the auditor wishes to speak. • All information that is requested or relevant to auditor requests. r • Notification when any documents,records,files, or data contain information that is covered by confidentiality or privacy laws. Q Packet Pg. 17 4.D.a • Adequate workspace and conditions, including interacting with auditors professionally and respectfully and promptly communicating about any issues and concerns. i Moreover, our audit does not relieve management or the governing body of their responsibilities. Q Management's responsibilities, with oversight from the governing body, include: N • Selecting and applying appropriate administrative and accounting policies. N • Establishing and maintaining effective internal controls over financial reporting, compliance, and safeguarding of public resources. c • Designing and following effective controls to prevent and detect fraud, theft, and loss. L • Promptly reporting to us knowledge of any fraud, allegations of fraud or suspected fraud involving management, employees or others, in accordance with RCW 43.09.185. • Ensuring compliance with laws,regulations and provisions of contracts and grant agreements. E as Financial audits—Additional Responsibilities: • Preparation and fair presentation of these financial statements in accordance accounting w principles generally accepted in the United States of America(GAAP). `o 0 Supplementary Information—Additional Responsibilities: a • Preparing the following supplementary information: ; o Schedule of Expenditures of Federal Awards (including notes and noncash assistance in received) that includes all expenditures from federal agencies and pass-through c agencies in the form of grants, contracts, loans, loan guarantees,property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance in accordance with Uniform Guidance 2 CFR § 200.510 requirements o Combining Statements in accordance with Generally Accepted Accounting Principles r • Including the auditor's report on the supplementary information in any document that both 0 contains the supplementary information and indicates that the auditor reported on the supplementary information. O • Either presenting the supplementary information with the audited financial statements or, if LO the supplementary information will not be presented, making the audited financial M statements readily available to users of the supplementary information no later than the date the supplementary information and auditor's report thereon are issued. a) J r.+ Federal Single Audits—Additional Responsibilities: • Identifying all federal awards received. E • Understanding and complying with the provisions of laws,regulations, contracts, and grant agreements, including applicable program compliance requirements. w • Establishing and maintaining internal control over compliance, including establishing and N maintaining effective controls that provide reasonable assurance that the City administers government programs in compliance with the compliance requirements. c • Evaluating and monitoring compliance with federal award requirements. Y • Informing us of the City's relationships with significant vendors who are responsible for o program compliance. • Submitting the reporting package and data collection form through the Federal Audit v Clearinghouse. E Responsibilities at the conclusion of the audit v Q Packet Pg. 18 4.D.a At the conclusion of our audit, the City will provide us with a letter to confirm in writing certain express and implied representations made during the course of the audit. This letter includes i representations regarding legal matters.A separate letter may be needed from the City's legal counsel. Management and the governing body are also responsible for following up and taking corrective action N on all audit findings,including,when applicable,preparing a summary schedule of prior audit findings N and a corrective action plan on the City's own letterhead. L Responsibilities specific to this engagement Additionally, the City will: 2 • Provide our Office with documentation of the financial statement review and approval before _J they were submitted for audit. • Obtain a clear understanding of accounting standards applied in your financial statements and E fully understand any adjusting journal entries recommended by the Office of the Washington State Auditor before approving the entries. c • Revise financial statements and schedules only if agreed to in writing by our Office. c • Interact with auditors professionally and respectfully and promptly communicate issues and concerns. ' a W Estimated Audit Costs and Timeline in We estimate the cost of the audit work to be $202,000, plus travel costs, and other expenses, if any. c Invoices for these services will be prepared and presented each month as our audit work progresses. We anticipate our reports will be published on our website www.sao.wa.gov and be available to you and the public as outlined below. These estimates are based on timely access to financial information and no significant audit reporting issues. The estimated cost and completion date may change if unforeseen issues arise or if significant audit issues are identified necessitating additional audit work. 0 We will promptly notify you if this is the case. 0 Report Date* LO LO Independent Auditor's Report on Financial Statements June 30, 2023 Independent Auditor's Report on Internal Control over Financial Reporting June 30, 2023 and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards c Independent Auditor's Report on Compliance for Each Major Program and September 30, 2023 E on Internal Control over Compliance in Accordance with Uniform Guidance Independent Auditor's Report on Accountability December 31, 2023 v, c *Report Issuance Dates Are Estimates Only w N N These estimates are based on timely access to financial information and no significant audit reporting issues. The estimated cost and completion date may change if unforeseen issues arise or if significant Y audit issues are identified necessitating additional audit work and communication. Currently we c estimate an additional$2,600 per significant audit reporting issue. We will promptly notify you if this is the case. c� c The audit documentation for this engagement, which may contain confidential or sensitive E information,is the property of SAO and constitutes a public record under Chapter 42.56 RCW. Subject to applicable laws and regulations, appropriate individuals, as well as audit documentation, will be Q made available upon request and in a timely manner to appropriate auditors and reviewers, City's Packet Pg. 19 4.D.a management and governing body, and federal agencies, for purposes of a public records request, a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. i The audit documentation for this engagement will be retained for a minimum of five years after the Q report release (publish) date in accordance with the public records retention schedule established by N the Washington Secretary of State. N as Expected Communications During the course of the audit, we will communicate with the City's selected audit liaison, Jim Lin,Accounting Supervisor, on the audit status, any significant changes in our planned audit scope or schedule and preliminary results or recommendations as they are developed. The audit liaison is responsible for regularly updating management and the governing body on these matters. We may also provide direct communication of these matters to management and the governing body as E needed or upon request. c Please contact us if any events or concerns come to your attention of which we should be aware. We c will expect the audit liaison to keep us informed of any such matters. a Audit Dispute Process ; Please contact the Audit Manager or Assistant Director to discuss any unresolved disagreements or in concerns you have during the performance of our audit. At the conclusion of the audit, we will c summarize the results at the exit conference. We will also discuss any significant difficulties or disagreements encountered during the audit and their resolution. By signing and returning this letter, you acknowledge that the foregoing is in accordance with your understanding. Please contact us with any questions. 0 am We appreciate the opportunity to be of service to you and look forward to working with you and your staff. 0 co Sincerely, M J 5/8/2023 c as Ngan Kim-Hoang Nguyen, CPA, CFE, Audit Manager Date E Office of the Washington State Auditor rn c w N City Response: c This letter correctly sets forth our understanding. Y 0 U c d E z Dana Ralph, Mayor Date Paula Painter, Finance Director Date Q Packet Pg. 20 4.E PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 4^4� Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASHI NGTON Kent, WA 98032 253-856-5100 DATE: May 16, 2023 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: Kent East Hill Operations Center Update and Next Steps SUMMARY: Parks Director, Julie Parascondola, will share an update with City Council on the project planning completed to date, for the East Hill Operations Center, which will include an informal discussion with the Council on whether to design and build the full scope of the facility or to continue with Phase 2 only. Finance Director, Paula Painter, will also be presenting on financing options to add to the context of the discussion. 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. 21 4.F OFFICE OF THE CITY ATTORNEY Tammy White, City Attorney 220 Fourth Avenue South \117KENT Kent, WA 98032 W A S ENT N G T O N 253-856-5770 DATE: May 16, 2023 TO: Operations and Public Safety Committee SUBJECT: City Council Bylaws, Rules, and Procedures — Resolution - Adopt MOTION: I move to adopt Resolution No. 2061 which enacts new bylaws, rules, and procedures of the Kent City Council and repeals Resolution No. 2025. SUMMARY: For efficiency purposes, there is a proposal for Council to consider returning to a Committee of the Whole structure where all councilmembers serve on a Committee of the Whole, in lieu of three councilmembers serving on several separate committees. If Resolution No. 2061 is adopted by the City Council, beginning June 1, 2023, the Committee of the Whole would meet on the first and third Tuesday of each month beginning at 4:00 p.m. Council Workshop would then start at 5:15 p.m., instead of its current 5:00 p.m. start time. Resolution No. 2061 would set the agenda items of the Committee of the Whole as follows: First Tuesday of the Month: Operations items, Public Safety items, and Parks and Human Services items Third Tuesday of the Month: Operations items, Economic and Community Development items, and Public Works items If an item is time-sensitive and the circumstances do not allow staff to wait to address the issue until its assigned Committee of the Whole meeting date, Resolution No. 2061 would allow that item to be presented during the Operations portion of any Committee of the Whole meeting. Resolution No. 2061 would also provide that Chair responsibilities of the Committee of the Whole would rotate through several Subject Matter Chairs. Those roles would then be filled by various councilmembers according to their current appointments as Chairs of existing committees, though the Council President will need to appoint a councilmember to serve as the Chair for Public Safety items within 7 days of Council adopting Resolution No. 2061. Packet Pg. 22 4.F Operations Subject Matter Chair - Council President; Public Safety Subject Matter Chair - New Appointment will be required; Parks and Human Services Subject Matter Chair - Councilmember Michaud; Economic and Community Development Subject Matter Chair - Councilmember Troutner; and Public Works Subject Matter Chair - Councilmember Fincher. Resolution No. 2061 will be presented to Council at its Operations and Public Safety Committee on May 16, 2023. If the resolution passes out of Committee, it will be considered by Council for formal adoption during its City Council meeting that same night, on the Consent Calendar portion of its agenda. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Resolution Establishing Council Bylaws, Rules and Procedures (Draft) (PDF) Packet Pg. 23 4.F.a r a 0 a 0 U a� t c :a c m RESOLUTION NO. Q c 0 0 A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 2025, at 11:59 p.m. on May 31, 2023, and enacting a new resolution relating to the bylaws, LO rules, and procedures for the Kent City Council, its council meetings, and its council committee and r workshop meetings, beginning at 12:00 a.m. on June 1, 2023. p` N N L RECITALS m 0 L A. By Resolution No. 660, adopted on January 19, 1970,the Kent a City Council first adopted for itself orders of procedure that would govern its city council meetings. From time to time, these procedures are reviewed aNi and amended, with the last update being adopted by the Kent City Council through Resolution No. 2025, adopted on April 20, 2021. 3 c� m B. The Kent City Council desires to streamline its procedures and — make its operations more efficient by returning again to a committee of 0 the whole structure. This change requires an amendment to Council's V 0 current bylaws, rules, and procedures through this resolution. T R .r w c 0 r 0 0 a� 1 City Council Bylaws a� E t c� Q Packet Pg. 24 4.F.a r a 0 a NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, 0 WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: U a� RESOLUTION c SECTION 1. - Resolution No. 2025. At 11:59 p.m. on May 31, 2023, c m Resolution No. 2025 and the bylaws, rules, and procedures adopted through Q it concerning the Kent City Council and all city council, committee, and o workshop meetings, shall be repealed in its entirety. 0 SECTION 2. - New Bylaws, Rules, and Procedures Adopted. The Kent City Council hereby adopts the bylaws, rules, and procedures attached and incorporated as Exhibit A, which shall govern the Kent City Council and LO all city council, committee of the whole, and workshop meetings beginning at 12:00 a.m. on June 1, 2023. N SECTION 3. - Savings. If any section, subsection, paragraph, 3 sentence, clause or phrase of this resolution is declared unconstitutional 0 or invalid for any reason, such decision shall not affect the validity of the 0 remaining portions of this resolution. c� SECTION 4. - Ratification. Any act consistent with the authority 3 and prior to the effective date of this resolution is hereby ratified and N affirmed. 3 c� SECTION 5. - Corrections by City Clerk or Code Reviser. Upon m approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the U correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and N section/subsection numbering. R w SECTION 6. -Effective Date. This resolution shall become effective r- 0 immediately upon its passage. However, the bylaws, rules, and procedures 0 a� 2 City Council Bylaws a� E t c� Q Packet Pg. 25 4.F.a r a 0 a adopted through this resolution shall not be implemented until 12:00 a.m. —U on June 1, 2023. Until that date and time, the bylaws, rules, and 0 procedures adopted through Resolution No. 2025 shall continue to apply. U a� a� c c DANA RALPH, MAYOR Date Approved E Q c 0 ATTEST: v0i m M cm KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted M r L APPROVED AS TO FORM: N N L d TAMMY WHITE, CITY ATTORNEY 0 d c c� m 3 N 3 c� m c 0 U c t T) R .r LU c O r 3 0 N a� 3 City Council Bylaws a� E t c� Q Packet Pg. 26 4.F.a r a O a O U a� t EXHIBIT A Q 0 0 M LO M r L N N L d V O L 3 N 3 c� m c O U c t T) R .r LU c O r 3 0 N City Council Rules c a� E t v c� Q Packet Pg. 27 4.F.a r a 0 a KENT CITY COUNCIL BYLAWS, RULES AND PROCEDURES 0 U Article I — Purpose Section 1.1. Purpose — Suspension of Rules.The following bylaws, rules,and c :a procedures "rules" are hereby adopted and shall E Q --...m!ttccc unless suspended by the c!t; c-_..c'.!- govern the Kent City Council 0 0 and its City Council and Council Committee meetings unless the City Council suspends those rules. Failure to fully conform to these rules and pFeeedur will 0 m not render any action by the eCity eCouncil or any of its committees invalid nor shall these rules be deemed to provide any citizen affrights that he or she does not already have by operation of law. r Article II — Council President — Mayor Pro Tempore N Section 2.1. Election -Term.The ecity eCouncil shall elect from its members a 0 Council President pFesident ef the ceuncil during the month of January in the even -0 m numbered years or as soon thereafter as possible. The eCouncil ppresident shall o serve a two-year term. In the event the term of the eCouncil d y pPresident becomes � vacant prior to the scheduled end of the term, a new eCouncil pPresident shall be M selected by the eCouncil who shall serve the remaining term of the vacated 3 position. N Section 2.2. Mayor Pro Tempore.The eCouncil pPresident shall serve as mayor c3c pro tempore and shall preside at all meetings of the City eCouncil when the 1X11 ig=kMayor is not present. Although presiding as mayor pro tempore, the eCouncil 0 pPresident shall retain all powers and rights inherent to a councilmember and to 0 U the council president, including, without limitation, voting powers. The mayor pro a1 c tempore shall act as fnMayor and assume the authority and perform the(Mayor's duties whenever there is a vacancy in the Office of the Mayor or the (Mayor is 2 unable for any reason to discharge their;is er he duties. The assumed duties y w c 0 r 0 0 1 City Council Bylaws c a� E t c� Q Packet Pg. 28 4.F.a r a 0 a shall include, but not be limited to, acting as signatory to documents requiring execution by the(Mayor, issuing proclamations and declarations, and extending 0 U official recognition of groups and events. (D a� Section 2.3. President Pro Tempore. The eCouncil pPresident may appoint a president pro tempore to discharge the duties of the eCouncil pPresident when the eCouncil pPresident is unable to discharge his or her duties. If the president pro Q tempore has not been appointed or is otherwise absent or unavailable,the longest 0 serving councilmember, either by consecutive or non-consecutive terms, shall be 0 deemed the acting president pro tempore. If two or more councilmembers qualify aNi to be president pro tempore, then the City Clerk or theirs-e he designee shall M select, by lottery and in the presence of two witnesses, one name from the names LO of the group of eligible councilmembers, and the councilmember whose name is selected shall fill the vacant president pro tempore position. Section 2.4. Duties and Responsibilities. The eCouncil pPresident shall N a� perform the following duties and responsibilities: 3 m 1. Administer the council budget, including oversight and approval of U 0 expenditures; a 2. Set the City eCounciI's agenda in accordance with these rules, in c� coordination with the eChief eAdministrative eOfficer and eCity eClerk's eoffice; 3 3. Refer proposed ordinances and resolutions to council committee; ui 3 4. Call for a workshop or a meeting of the City eCouncil as needed, or f° request a special or emergency meeting; m 5. In cooperation with the +Mayor, ensure adequate City eCouncil facilities, equipment,and support, with eCouncil consent; 0 U 6. Direct correspondence on behalf of the City eCouncil as appropriate, a1 with consent of eCouncil eensenrt; t T 7. Act as council liaison between te-the Citv eCouncil and the fnMayor's eOffice on policy issue consideration, including elements of timing; w c 0 r 0 0 2 City Council Bylaws c a� E t c� Q Packet Pg. 29 4.F.a r a 0 a 8. Appoint the membership of ad hoc committees or boards and the ad p hoc committee or board chairs; U a� 9. Substitute for an absent councilmember or designate another councilmember to substitute on any of the eCouncil's committees or c boards; m 10. Coordinate and schedule annual retreats or other meetings for Q review and update of eCouncil visions and goals for the City or to 0 address other City eCouncil matters; 0 11. Gather information on regional issues and attend regional meetings, 0 as appropriate and applicable, to represent the eCouncil's views, or y in the alternative, designate other councilmembers to represent the eCity and the eCouncil on specific regional issues or meetings; LO m 12. Serve as a council focal point for the City eCouncil,fnMayor, and City staff; and r 13. Discern councilmembers' areas of interest and/or expertise. N N Article III — COUNCIL MEETINGS 3 m Section 3.1. Regular Meetings. The City eCouncil's regular meetings will occur o at the time, date, and place established in Chapter 2.01 of the Kent City Code. d c c� Section 3.2. Special and Emergency Meetings. Special meetings of the Kent m City Council shall be held as provided by law. If, by reason of fire, flood, 3 earthquake, or other emergency there is a need for expedited action of the City ui eCouncil to meet the needs imposed by the emergency, the (Mayor or eCouncil President may provide for a meeting site other than the regular meeting site and op the meeting notice requirements established by law or in this resolution may be 0 suspended. 0 U Section 3.3. Meeting Cancellation. Any meeting of the City Council may be cancelled by the Council President and in accordance with notice requirements. T R .r w c 0 r 0 0 3 City Council Bylaws c a� E t c� Q Packet Pg. 30 4.F.a r a 0 a r- Section 3.43. Presiding Officer at Meetings. The (Mayor shall be the o U presiding officer for all .,9eetings of tl",e council meetings of the Kent City Council. 0 M If the mmayor is not present,the eCouncil pPresident shall be the presiding officer. +' a� In the absence of the+Mayor and eCouncil p-President, the president pro tempore shall be the presiding officer. E Q Section 3.54. Forfeiture of Office. Pursuant to RCW 35A.12.060, a 0 councilmember's position shall become vacant if he or she fails to attend three consecutive regular meetings of the eCouncil without being excused by the 0 m council. W M Section 3.66. Quorum. At all meetings of the Kent Citv eCouncil, a majority of M LO the full City eCouncil membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. L Section 3.76. Remote Attendance of Councilmembers— Remote Meetinas. N a� Subject to the below requirements, a councilmember may attend a Cit Council meeting remotely. A councilmember's remote attendance is permitted for the 0 benefit of conducting City of Kent business and not for the personal benefit of a d councilmember. c c� 1. Remote Attendance at Regular and Special Meetings. m A. Councilmembers may attend remotely a maximum of three 0 City eCouncil meetings per calendar year; provided, the eCouncil may by majority 3 vote allow a councilmember to attend additional meetings remotely in excess of f° three per year due to medical or other factors beyond the control of the m councilmember. c B. Councilmembers who wish to attend a meeting remotely shall 0 U notify the eCouncil President and the ecity eClerk at least three business days in advance of their intent to attend remotely. N C. A councilmember's remote attendance shall be verbally noted .r on the record during the City eCouncil meeting and in the official minutes of the W c 0 r 0 0 4 City Council Bylaws W c a� E t c� Q Packet Pg. 31 4.F.a r a 0 a City eCouncil meeting. D. No more than two councilmembers may remotely attend the U same City eCouncil meeting; provided a councilmember not attending due to medical issues will not count as one of the two councilmembers described in this 0) c section. This limitation, however, may be waived by a majority vote of the City m Council. The availability of attending a particular City eCouncil meeting remotely E Q shall be on a first-come first-served basis. 0 E. A councilmember attending remotely shall have all of the official City eCouncil materials available during the meeting, shall be able to view 0 m the City eCouncil meeting by video in real time, and shall be able to communicate with the public and other councilmembers during the meeting as if physically in cm attendance at the meeting. A councilmember who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. L F. It shall be the responsibility of the remotely-attending N a� L councilmember to ensure compliance with this section. If during the meeting, the 3 requirements of this section are not met or are terminated due to technical o reasons, or the councilmember fails to attend the meeting remotely, the a councilmember will be deemed to have not attended the meeting. c c� 2. Remote Meetings and Attendance During Declared Emergencies. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mMayor, or another authorized official, and a 3 determination that an in-person meeting cannot be held with reasonable safety f° due to the emergency, the City eCouncil may hold a remote meeting without a m physical location, or may limit the physical attendance of some or all members of the public at a meeting. A meeting held in accordance with this subsection shall 0 U comply with the Open Public Meetings Act as now enacted or hereafter amended, 0 and as lawfully suspended or altered in accordance with a declared emergency. 2 R .r w c 0 r 0 0 5 City Council Bylaws W c a� E t c� Q Packet Pg. 32 4.F.a r a 0 a r- Section 3.8-7. Maiority Vote. Action by the eCity eCouncil requires the 0 0 affirmative vote of a majority of members attending a meeting, except where U a� otherwise required by law. a� c Section 3.98. Executive Sessions. The eCity eCouncil may hold executive c sessions during a regular or special meeting to consider matters as permitted E E pursuant to applicable law. No official action shall be taken during an executive Q c session. No member of the eCity eCouncil, an employee of the eCity, or any person o present during an executive session shall disclose to any other person the content 0 0 or substance of discussion which took place during the executive session, unless � a majority of the City eCouncil authorizes that disclosure. Executive sessions, to m the extent permitted by law, shall be limited to members of the eCity eCouncil, UI) M the ffiMayor and staff, and other persons that the eCity eCouncil invites. r L Section 3.109. Agendas. Only matters items—that have been previously considered by the Committee of the Whole ^e"~e" ,.,....mittee shall be put on the L agenda for a Cit eCouncil meeting, unless excepted as 1provided for in Section 0 ni,,,.,. .,....F,.yed by the • press ...ajeFit y of the ,.,.uncoil V Commented[TWl]:ThisSection3.10conflictsabitwith 3.18 "'��'� ��'�� �� � Unless Section 3.18,so the changes here are to make them consistent. 0 altered by the eCouncil pEresident or by a majority of the councilmembers a present, the order of business of all regular meetings of the City eCouncil shall be as follows: to m 3 1. Call to Order/Flag Salute 2. Roll Call 3 3. Agenda Approval 4. Public Communications m 5. Reports from Council and Staff — 6. Public Hearings 7. Public Comments 8. Consent Calendar 0 U 9. Other Business a� 10. Bids 11. Executive Session and Action After Executive Session T 12. Adjournment R .r rn w c 0 r 0 0 6 City Council Bylaws W c a� E t c� Q Packet Pg. 33 4.F.a r a 0 a r_ Section 3.113-0. Public Comments. No person shall address the City eCouncil o without the permission of the presiding officer. Except as otherwise permitted b U P P 9 P P Y 0 the presiding officer, the"public hearing"and"public comment"agenda items are +' IM reserved for members of the public to make a statement. When addressing the City eCouncil, each person shall proceed to the speaker's podium unless otherwise directed by the presiding officer, and state theirh 6F he name and city of Q residence for the record; provided, the presiding officer may waive the 0 requirement that the person's city of residence be provided in individual cases. If 0 comment is offered under the public comment period, the speaker will also state aNi the subject of theirh eF he comment. Remarks will be limited to the time M allocated by the presiding officer for each speaker. All remarks shall be pertinent LO to the stated subject matter and shall be addressed to the presiding officer and the CifeCouncil as a whole and not to any member of the City Council L individually. The public comment period is intended to allow persons to speak on o issues of concern to that person that relate to the business of the eCity of Kent, i but it is not an open public forum, and is subject to restrictions imposed in this -00 m resolution, by law, or by the Kent eCity eCouncil. Generally, questions asked of a U 0 L councilmember or city staff member will be answered outside of the meeting a unless permission to answer the question is provided by the presiding officer. c� m The City eCouncil may accept written comments or testimony in lieu of addressing 0 the CifeCouncil in-person during a public hearing or public comment. Written ui comments or testimony will be distributed to each councilmember and admitted into the record, but will not be read aloud into the Feeer' at the meeting. In order op to be admitted into the record, written comments or testimony shall be submitted c not less than three hours prior to the start of the meeting for which they are 0 intended, unless a person appears in person, in which case, they may be handed V 0 to the City Clerk and will be admitted into the record at the City Council meeting. t 2 Upon the request of an individual who, by reason of disability, limited mobility, or .r other reason that makes physical attendance at the meeting difficult, the council i j c 0 r 0 0 7 City Council Bylaws W c a� E t c� Q Packet Pg. 34 4.F.a r a 0 a will permit a person to provide oral comment or testimony remotely during a public hearing or public comment at a regular council meeting. The remote 0 U attendance may be by phone, internet, or other means as determined by the city (D clerk. c Section 3.12#4. Public Demeanor. No one shall use any impertinent, degrading or slanderous language directed to the presiding officer, Q councilmembers, mayor, staff or other member of the public, and no one shall 0 otherwise engage in disruptive behavior. Disruptive behavior includes, for 0 example, addressing matters restricted from public comment, repeated shouting 0 and angry outbursts, cursing, or direct or implied threats of violence. After receiving verbal notice from the presiding officer to cease engaging in the above W described behaviors, and in the event the person does not stop, the presiding officer may order the person removed from the meeting. Pursuant to RCW L 42.30.050, in the event a meeting is interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be L restored by the removal of the individuals who are interrupting the meeting, the 0 m council may, by majority vote, order the meeting room cleared and continue in o L session or may adjourn the meeting and reconvene at another location selected d by majority vote of the council. If the meeting room is cleared, final disposition may be taken only on matters appearing on the agenda. Representatives of the N m press or other news media, except those participating in the disturbance, shall be 0 allowed to attend any session held pursuant to this section. 3 c� Section 3.1344. Added Agenda Items. At a regular meeting, a member of the >+ m City eCouncil or the (Mayor may ask that a+i matters be considered by the eCity eCouncil, even if it is not identified on the formal agenda, by raising the 0 issue when agenda approval is being considered. That matters shall then be U considered with the approval of the City eCouncil. No matteritems may be added t to the agenda of a special meeting after notice of the special meeting is issued or 2 timely amended in advance of the meeting. ;a w c 0 r 0 0 8 City Council Bylaws W c a� E t c� Q Packet Pg. 35 4.F.a r a 0 a Section 3.1433. Mayor Participation. The (Mayor may address the City 3 eCouncil on any matter or participate in the debate of any question, provided the 0 U ig=kMayor shall first call upon the eCouncil #-President or any other councilmember 5(D designated by the eCouncil President to take the eChair during the (Mayor's participation. c m Section 3.15—4. Councilmember Conduct. While the City eCouncil is in E Q session, whether at a City eCouncil or eCouncil eCommittee meeting, all its 0 members must preserve order, decency,and decorum at all times and no member 0 shall, by conversation or otherwise, delay or interrupt the proceedings or the 0 peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the presiding officer. The members of the eCity eCouncil may, by a LO vote of a majority plus one of the membership of the City eCouncil in attendance at the meeting, reprimand a councilmember for disorderly conduct. L Section 3.1633. Voting. Discussion by council—members shall relate to the N a� subject matter at hand and shall be relevant and pertinent. Every councilmember, 3 unless disqualified by reason of a conflict of interest or as otherwise provided by m law or excused by the eCity eCouncil, shall cast his or her vote upon any matter 0 d put to vote by the legislative body. Any councilmember who abstains from voting c shall be deemed to have not voted on that item. At the request of the presiding N m officer or of any councilmember, any question shall be noted upon by a roll call 0 and the individual voting results shall be recorded by the eCity eClerk in the ui minutes. m Section 3.17-1-6. Summoned to Meetings. Every eCity official or employee who — shall fail to report to the City eCouncil at times and in a manner requested by the eCouncil, shall be summoned in accordance with the direction of the City eCouncil. 0 c Section 3.18+7. Ordinances, Resolutions, and Contracts — Presentation. N No ordinance, resolution, -0 R contract document, or other matter shall be presented to the Citv eCouncil unless 0 LU 0 r 0 0 9 City Council Bylaws W c a� E t c� Q Packet Pg. 36 4.F.a r a 0 a approved by the Council President, ordered by a majority of the eCouncil, referred by a eCouncil eCommittee, requested by the fnMayor, or submitted by the eCity 0 U Commented[TW2]:The inclusion of"or other matter'ma key aAttorneyl. Whenever practical, ordinances, resolutions, contract documents, and t this in conflict with Section 3.10,so I revised Section 3.10 to refer to +- this Section 3.18 for consistency purposes. other matters shall first be approved as to form by the eCity aAttorney and shall be examined and approved by the department head or their designees his a he duly autheFizea repFesentative having jurisdiction over the subject matter of the E E ordinance, resolution, contract document, or other matter, prior to the matter Q c being presented to the City Council and included within the City Council agenda 0 packet. Matters approved by the City eCouncil at a regular or special meeting of o 0 the eCity eCouncil shall be deemed ratified notwithstanding a failure to comply a) with this section. m LO M Section 3.1918. Parliamentary Rules. The eCity aAttorney shall act as parliamentarian and advise the presiding officer on inquiries concerning L parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the councilmembers i present. Robert's Rules of Order shall govern the deliberations of the City Council -00 m except when in conflict with any provision of these rules. A City eCouncil vote or o L other action taken which is not in compliance with Robert's Rules of Order or these d rules,des-and to which no objection is taken,shall be deemed action taken following a suspension of the parliamentary rules and these rules even if no formal aNi action is first taken to suspendsien e#the rules eeeurs st. N Section 3.20-19. Suspending the Rules. When the suspension of the rules is c3a requested, and no objection is offered, the presiding officer shall announce that IIM the rules are suspended, and the City eCouncil may proceed accordingly. When there is an objection to suspending the rules, a vote of majority plus one of the 0 U councilmembers present shall be required to suspend the rules. c t Section 3.2139. Supporting or Opposing a Ballot Measure or Person for T) Election to Public Office. Except as permitted by law, City eCouncil meetings R .r rn w c 0 r 0 0 CAI 10 City Council Bylaws c a� E t c� Q Packet Pg. 37 4.F.a r a 0 a shall not be used for the purpose of supporting or opposing a ballot measure or 3 supporting or opposing the election of any person to public office. 0 U a� t ARTICLE IV — COUNCIL COMMITTEE$OF THE WHOLE c AND COUNCIL WORKSHOP m E Section 4.1. Committee of the Whole.There shall be a standing committee of Q c the City Council, referred to as the"Committee of the Whole", which shall consist o of the full membership of the City Council. The Mayor shall be permitted to attend o 0 and participate in meeting discussions of the Committee of the Whole, but shall have no right to vote. The Committee of the Whole shall consider matters prior to m those matters being considered at a regular or special City Council meeting_ LO M However, a matter may be placed directly on the agenda of a regular or special r City Council meeting without first being considered by the Committee of the Whole under one of the exceptions provided for in Section 3.18. w a� L 1. Organization. The Committee of the Whole shall be a committee of -00 m the full City Council. The business brought before the Committee will be organized o L according to the following subject matters, with each matter's business being d chaired by a different councilmember appointed by the Council President: c� m a. Operations: Operations matters are those that involve the general fiscal and financial conditions and operations of a city-wide nature, and ui matters concerning personnel, communications, technology, equity, and other c3a related matters. m b. Economic and Community Development: Economic and 0 Community Development matters are those that involve land use and planning U 0 economic development, development and permitting regulations, growth t management, and other related matters. 2 R .r w c 0 r 0 0 11 City Council Bylaws W c a� E t c� Q Packet Pg. 38 4.F.a r a 0 a C. Parks and Human Services: Parks and Human Services 0 U matters are those that involve parks and recreation, City facilities, human 0 services, and other related matters. c =a d. Public Safety: Public Safety matters are those that involve policing, corrections, the municipal court, criminal prosecution, and other related E Q matters. 0 e. Public Works: Public Works matters are those that involve 0 0 planning, design, construction, improvement, extension, maintenance and °' operation of transportation and street systems, transit, water systems, sewer m systems, storm water systems, solid waste and other utilities, as well as LO M franchises and other related matters. r L 2. Meeting Date and Time. The regular meetings of the Committee of the Whole shall be held at 4:00 p.m. on the first and third Tuesday of each month. i Meetings shall be held in Council Chambers at Kent City Hall, or at some other -00 m location as designated by the Council President. 0 L 3. Agenda. The Council President, in consultation with the Chief c c� Administrative Officer, shall refer matters to and set the agenda of the Committee m of the Whole, which shall be organized according to the subject matters identified in Section 4.1.1. above. Two or more councilmembers may also join and refer a ui Commented[TW3]:This is the provision that was in the last matter to the Committee of the Whole. Matters considered by the Committee of M Committee of the Whole resolution. the Whole and which require action of the full City Council shall be placed on the Im consent calendar at a regular or special City Council meeting, unless otherwise directed by a majority of the members of the Committee of the Whole in p U attendance at the meeting. c t a. First Tuesday of Each Month. At its meeting that occurs on the 2 first Tuesday of each month, the Committee of the Whole shall consider matters ;g vJ w c 0 r 0 0 12 City Council Bylaws c a� E t c� Q Packet Pg. 39 4.F.a r a 0 a that pertain to the following subject matters: (1) Operations; (2) Public Safety; and (3) Parks and Human Services.The agenda for this meeting shall be organized 0 U in accordance with these three subject matters. In the event a matter is time W sensitive, but pertains to another subject matter that would normally be presented to the Committee of the Whole on the third Tuesday of each month, the matter may be added to the Operations section of this meeting agenda. E E Q b. Third Tuesday of Each Month. At its meeting that occurs on 0 the third Tuesday of each month, the Committee of the Whole shall consider 0 matters that pertain to the following subject matters: (1)Operations; (21 aNi Economic and Community Development; and (3) Public Works. The agenda for M this meeting shall be organized in accordance with these three subject matters. LO In the event a matter is time sensitive, but pertains to another subject matter that would normally be presented to the Committee of the Whole on the first L Tuesday of each month, the matter may be added to the Operations section of this meeting agenda. i 0 C. Added Agenda Items. At a regular meeting, the Council U 0 President or the Chief Administrative Officer may ask that a matter be considered a by the Committee of the Whole, even if it is not identified on the formal agenda. c� That matter shall then be considered with the approval of the Committee. No m matter may be added to the agenda of a special meeting after notice of the special meeting is issued or timely amended in advance of the meeting_ ui 3 c� 4. Committee of the Whole Chair. The primary Committee of the Whole >+ m Chair shall be the Council President. The Council President shall call the meeting to order; confirm the agenda; resolve procedural questions, conflicts, or disputesR 0 and recess or adjourn the meeting_ U c 5. Subiect Matter Chairs. Each subject matter set forth in Section 4.1 N shall have a Subject Matter Chair who shall be appointed by the Council President; -0 R .r provided, the Chair of the Operations subject matter shall be the Council w c 0 r 0 0 13 City Council Bylaws W c a� E t U c� Q Packet Pg. 40 4.F.a r a 0 a President. The Subject Matter Chairs shall be referred to as: the Chair of Operations, the Chair of Economic and Community Development, the Chair of 0 U Parks and Human Services, the Chair of Economic and Community Development, W and the Chair of Public Works. 0) c a. Appointments to Subject Matter Chair Positions. At the time E this resolution was considered for passage, the City Council had four separate Q Council Committees with different councilmembers serving as Chair for each of 0 those Committees. Upon passage of this resolution, each of those Chairs shall 0 serve as the Subject Matter Chair for the equivalent subject matter that relates aNi to those prior separate Council Committees. For example, the councilmember M serving as the Chair of the Economic and Community Development Committee M shall become the Subject Matter Chair for Economic and Community Development matters. Since the former Operations and Public Safety Committee combined L subject matters, within seven days of Council's passage of this resolution, the Council President shall appoint a councilmember to serve as the Subject Matter i Chair for Public Safety matters. Thereafter, within four weeks of appointment or -00 m reappointment of the Council President, the Council President shall appoint 0 L councilmembers to each Subject Matter Chair position to serve approximately d two-year terms. The Council President shall have the right to remove Subject Matter Chairs and to reappoint new councilmembers to fill those roles.The Council aNi President may appoint a new councilmember who is appointed or elected to fill a W vacant council position to a Subject Matter Chair position. 3 c� b. Workshop Meeting Chair Rotates in Accordance with Subject m of Workshop. For each Workshop meeting, the Council President shall call the 0 meeting to order, administer and direct the general business of the Workshop p U meeting, and its recess or adjournment. The Council President shall also chair the c portion of the Workshop meeting dedicated to the Operations subject matter. However, the Chair of the Workshop meeting shall rotate during the meeting in T R accordance with the subject matters being addressed during the Workshop y w c 0 r 0 0 14 City Council Bylaws W c a� E t v c� Q Packet Pg. 41 4.F.a r a O Q a� c Section 4.2. Council Workshop. Workshop meetings constitute regular p U meetings of a committee of the City Council, the membership of which shall y t consist of the full membership of the City Council. The Council President shall serve as the Chair and presiding officer of Council Workshop meetings. The Mayor shall be permitted to attend and participate in Workshop meetings. Workshops E are held to consider pending local and regional issues, and receive information Q from staff and regional partners on issues that impact the City. The Council o President, in consultation with the Chief Administrative Officer, shall refer matters O to and set the agenda of the Workshops; provided, the Council or two or more y W councilmembers shall be permitted to refer a matter to a Workshop meeting. The M City Council will hold Workshops at 5:15 p.m. on each regular City Council and co LO M Committee of the Whole meeting day, except when a regular or special City Council meeting occurs at or before 5:30 pm. L _ S +� �ee�€e4. E9tee9 ES#-abftShe__do- The_ G..iIty C'nulnril establishes the � L Gity Geuneil. in the event a matter falls under the autherity ef mare than eRm- 3 d V O L ,'II consider the matter. R i � T The safety cernmittee, which will be made up of all councilmembers, NN� LIB matters related to the general fiscal and financial conclitions ap'd R m / publie safetyL, V C O as the cha.r of this eemmmttee. T) ink and eemmunity development / which shal be made of W r- O O N 15 City Council Bylaws W r c a� E t V R Q Packet Pg. 42 4.F.a r a O a . 0 reernm U (D management, and ether Felated n9atterI5, 0) c lan :a aa) E itteer ll eeune Q c O O facilities, �r ser vices, and etheF related F S.atteF y 4 M m LO M / of L design, construction, improvement, extension, maintenance aftd Q r watef sterns, sewer systems, storm. ateF systems, elid .mote and ethe f � utilities, as well as fFanehmses and etheF Felated V O L Seeti'vn ;T Matters Heard in-Eem mmttee Before Counem' —Excentmens A'' 'a C eemmettee cC rn eeune rpFevided, r rer with appreval ef the eeunE4 ease w pFesident, at a council meeting without first geing to a eemmittee and an such 3 affeement by the ceuncil, a matter that is presented at a werkshep need net ge te cengmittee prier te being heard by the full ceuneil. A ceuneil eengn9ittee shaI4 >, m c O U 0 c t rn R E)peratiens and Public Safety .r r the ceuncil shall,Fesident within em W c O r 0 16 City Council Bylaws c a� E t ca Q Packet Pg. 43 4.F.a r 0_ 0 a weeks ef the passage ef this reselutmen, and thereafter within feUF weeks-ef U aD c :a O m E appointed eF elected to foil a vacant cauncil pesitien, O O 7 0 locations for the first Fneeting of each cengmittee shall be established at a FneetiFfg 0 d sha" be established by the cengmittee chair in censultatien wit-l=� M tD cemm lO Cl) dates,eengngmttee members and assigned staff duFing a eengn9ittee meeting. Gemmit meeting tomes, and leeatiens shall be osted en the fC L the committee chaaF and an aCCOFdance with notice reqUiFements—. N N L Seetilen 4.5. Commotteeetch in wltatme with eity staff, mittee V RRLUI O L ehaiF/ / it....... en _ __....n9ittee agenda _ .fer ...watt.."_ to eeng.n9ittee. d N 3 c� >, m !.'.....neil eting a nt ealen dar w ..Iess etherw.wise .diFeete d by city of th.. FnembeFs ef the Gemmettee in attendance at the meeting. Matters appFeved-by 0 less that a" eeFnngmttee Fnengbers in attendanee at the ngeeting shall be Placed ei:v U 0 c t attendanee dwFeet the ngatterbep+aeeden the eensent e-a+endaF in the ,...,ent T R .r rn w c 0 r 0 0 17 City Council Bylaws r c a� E t c� r Q Packet Pg. 44 4.F.a r a 0 a 0 U Section 4.3-7. Quorum. At all Committee of the Whole and Council Workshop 0 meetings, a majority of the full City Council, or not less than four councilmembers, � shall constitute a quorum for the transaction of business. �� ngittee shall ae- � :a c m E president, any ether eeuneilmengber n9ay sit en any eemn9ittee when necessafy Q c 0 eeuneilmembers' addittienal eeuneilniernbeFS may0 0 meeting, but shall net be peffi9itted te partmempate at the cemn9ittee meeting eF am W m LO Section 4.48. Executive Session. Executive sessions may be held at eCommittee of the Whole and Workshop meetings in accordance with RCW 42.30.110. N Section 4.59. Special Meetings.A Special meetings of the eeu„eil eCommittees 3 of the Whole, or a special Workshop meeting, may be called by the Council President eemn9ottee eh ;~ in accordance with Chapter 42.30 RCW. In addition, a o d meeting of the Committee of the Whole or a Council Workshop meeting may be '0 c converted to a special meeting of the full City Council at which final action may f° be taken subject to the special meeting requirements of Chapter 42.30 RCW. 3 Section 4.63G. Remote Attendance of Councilmembersee 3 Members — Remote Meetings. Subject to the below requirements, a f° councilmember eemn9ittee n9engber may attend a eCommittee of the Whole or m Workshop meeting remotely. A councilmember's eenimittee mernbe remote c attendance is permitted for the benefit of conducting City of Kent business and 0 U not for the personal benefit of the councilmembereemmi"ee membe~ 1. Remote Attendance at Regular and Special Meetings. 2 A. Councilmembers Gengmi"ee Fnemhe~s may attend remotely a -0 w c 0 r 0 0 18 City Council Bylaws W c a� E t c� Q Packet Pg. 45 4.F.a r a 0 a maximum of three eCommittee of the Whole and three Workshop meetings per calendar year; provided, the Council wee may by majority vote allow a U committee member eeu..e"n9engb . to attend additional meetings remotely in � M excess of three per year due to medical or other factors beyond the control of the councilmember^e- rnottee m mhe- 'a c m B. Councilmembers Committee -nernhe-s who wish to attend a E Q Committee of the Whole or Workshop meeting remotely shall notify the Council 0 President ^,....mmttee ch ;_ and the ecity eClerk at least three business days in advance of their intent to attend remotely. 0 m C. A councilmember's eemmmttee Fnembe~'s remote attendance W shall be verbally noted on the record during the Committee of the Whole or M W Workshop meeting and in the official minutes of the meeting. D. No more than two councilmembers may remotely attend the same Committee of the Whole or Workslopthe eperatiens and Public SafetypL wee meetings; provided a councilmember not attending a the GpeFatie w a� and Publie Safety L Committee of the Whole or Workshop meeting due to medical 3 issues will not count as one of the two councilmembers described in this section. U 0 This limitation, however, may be waived by a majority vote of the Committee of a the Whole. c c� The availability of attending a particular Committee of the Whole or Workshop meeting remotely shall be on a first-come first-served basis. 0 E. In the event the Council President eemmottee ch will attend 3 a eCommittee of the Whole or Workshop meeting remotely, the Council President f° eemmettee eh,;_ shall designate a councilmember committee .. a ffibeF who will m attend the meeting in-person to serve as the eemn9itteezChair for that meeting. c F. A councilmember cengngmttee ..g.-....ber attending remotely shall 0 have all of the official eCommittee of the Whole or Workshop materials available c during the meeting, shall be able to view the eengniffittee meeting by video in real N time, shall be able to be viewed by others during the meeting in real time, and -0 R .r shall be able to communicate with the public and other councilmembers 0 w c 0 r 0 0 19 City Council Bylaws W c a� E t c� Q Packet Pg. 46 4.F.a r a 0 a eemrnottee n9ernbeFs during the meeting as if physically in attendance at the 3 meeting. A councilmember eernmittee rnembeF who only observes the meeting U remotely without complying with the above requirements will not be deemed in (D attendance. a� c G. It shall be the responsibility of the remotely-attending m councilmembereernmottee rnember to ensure compliance with this section. If E Q during the meeting,the requirements of this section are not met or are terminated 0 due to technical reasons, or the councilmembereemmittee Fnembe fails to attend the meeting remotely, the councilmember will be deemed to have not attended 0 the meeting. 2. Remote Meetings and Attendance During Declared Emergencies. In LO the event of an emergency as declared by the President of the United States, the Governor of Washington, the mMayor, or another authorized official, and a determination that an in-person meeting cannot be held with reasonable safety due to the emergency, a a-eCommittee of the Whole or Workshop meeting may w a� be held he'd as remotely n9eeting without a physical location, or R9ay lifflit the physical attendance of some or all members of the public at a meeting may be 0 limited. A meeting held in accordance with this subsection shall comply with the a Open Public Meetings Act as now enacted or hereafter amended, and as lawfully c� suspended or altered in accordance with a declared emergency. m 3 Section 4.7. Written Public Comment. Written public comment may be W N submitted to the City Council at a Committee of the Whole or Workshop meeting 3 M which will be distributed to each councilmember and admitted into the record, but >+ 00 will not be read aloud at the meeting. In order to be admitted into the record, — written comments shall be submitted not less than three hours prior to the start 3 0 of the Committee of the Whole or Workshop meeting, unless a person appears in- U person, in which case, the written comments may be handed to the City Clerk and t will be admitted into the record of the Committee of the Whole or Workshop N meeting. M .r 0 w c 0 r 0 0 20 City Council Bylaws W c a� E t c� Q Packet Pg. 47 4.F.a r a O a r- Section 4.831-. Other Rules Applicable. Sections 3.1234, Public Demeanor, p U 3.154-4, Councilmember Conduct;:; 3.1948, Parliamentary Rules—l; 3.204-9, Suspending the Rules-, and 3.212-0, Supporting or Opposing Ballot Measure or Person for Election to Public Office, shall apply to Committee of the Whole and Workshop meetings except when in conflict with the rules otherwise set out in this E Article IV. Q c O ARTICLE V GOUPFEILWARIES11013S 3 O Seet+e+r5TCeune" WorksFrees—Puraase—Auenda Time for-` 2c`n rsy M tD eeuneil, the membership of which shall censist of the full membership ef LO eeUneilM iPFOV'ded, the mayer shall be weiakshepsv r • issues, fC L The council N r an consultation with the chief administrative i , the eeuneil O L fA 3 M >, the transaet'en ef business. U Section SA Executive Session. Executive sessiens Fnay be he'd at counej4 t N LU c O r 3 O N 21 City Council Bylaws W c a� E t c� Q Packet Pg. 48 4.F.a r a 0 a 0 U aD t d E Seetmen • Q / a eouneilmember may attend a counej4 0 0 0 benefit of conducting Gity of I(ent business and not feF the personal benefit d W eeunemingengbeF. M r year; provided, the Council may by majerity v L N N L d V 0 netify the Council President and the Gity Glerk at, 'east three business days-+R L a d.,-nee of their intent to attend ._ngete+I Geune" workshop. The availability ef attending a partieulaF Geuineil WeFl(shep Femetely shall be en-a- d N 3 c� m 0 0 U E. A eeunem'member attending remetely shall have all ef the eeuneil ffleeting by videe in Feal tinge, shall be able te be viewed by etheFs dur'H'rg effmemal eeHigeal FnateHa's available daFiRg the Rgeeting, shall be able te view tl=�e y W r- 0 0 N 22 City Council Bylaws W r c a� E t c� r Q Packet Pg. 49 4.F.a r a O a the meeting real tome, and shall be able te eemmunieate with the publie and U aD eemplying with the abe.- will net be deemed in attendanee. F. it shall be the respensibility ef the rengetely attending eeuneeknember te enSLIFe eemplianee with thus seetien. if during the meeting, thie c :a O m E Q c O , the +' 7 eeunemingembeF wm'' be deemed te have net attended the meeting, O N d 2. Re mete Meet;nEis a a Attendance Dur;nq Declared Fmemenri _ in W the event ef an emeFgeney as deelared by the President ef the United States, tl=�e M W LO , v deteFffimnatmen that an in peFsen ngeeting cannot be he'd with Feasenable safety a+ due te the fC L I the Geuneil at a Rgeeting. A ngeeting, held aig aeeeFdaigee with this sHbseetien shall eengply with L d O L Seetten 5.7. Other .idle_ ,.__+teaH+e. Seetmens 3.11 Pun++eDemeaner4 c�a m Office, shall apply to CeUndl 3 N • 3 c� m c O U a� c t T) R ..I LU c O r 3 O N 23 City Council Bylaws W c a� E t c� Q Packet Pg. 50 4.G PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 4^4� Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASHI NGTON Kent, WA 98032 253-856-5100 DATE: May 16, 2023 TO: Operations and Public Safety Committee SUBJECT: Home Repair Portable AC Unit Distribution for Low Income Seniors Contract— Authorize MOTION: I move to authorize the Mayor to sign a grant agreement with King County in the amount of $250,000 to fund the distribution of portable air conditioning units to eligible seniors, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Human Services is requesting approval for the Mayor to sign the King County Adult Services Division (ASD) Senior Home Repair Services Contract. The grant agreement is still being finalized so that the final terms and conditions may change slightly. However, it is anticipated that the final version of the grant agreement will be substantially similar to the attached. The last few summers have brought record breaking heat waves in our region, with senior citizens being at most risk to heat-related illness and death. This program would provide distribution of portable air conditioning units to low-income homeowners with senior occupants in the City of Kent. The service period for this contract is from May 2023 to December 2023 and will be housed under and carried out by Human Services Home Repair Program staff. BUDGET IMPACT: No Budget impact. This is one-time funding from King County, separate from existing General Fund budget and CDBG funds. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. ATTACHMENTS: 1. Exhibit 1 I City of Kent ASD VSHSL Senior Home Repair (PDF) Packet Pg. 51 4.G.a L 0 EXHIBIT I c CITY OF KENT cn VSHSL HOUSING STABILITY STRATEGY 3A: E ADULT SERVICES DIVISION (ASD) SENIOR HOME REPAIR SERVICES 0 SERVICES PERIOD: MAY 1, 2023— DECEMBER 31, 2023 3 0 J I. WORK STATEMENT L0 c The Contractor shall provide oversight, coordination and implementation of ADULT ° SERVICES DIVISION (ASD) SENIOR HOME REPAIR SERVICES (the Program). The total amount of reimbursement pursuant to this Exhibit shall not exceed $250,000 for the N Services Period noted above as shown in the funding table below. Funding for o investment in this program is provided by the King County Veterans, Seniors and Human Services Levy (VSHSL) and is managed by the ASD of the King County Department of Community and Human Services (DCHS), which has the responsibility for achieving and L) monitoring the overall outcomes. Ongoing funding for the full period of the Exhibit shall as be contingent on the Contractor's implementation of the program as described, timely achievement of the contract Milestones outlined below, continued funding availability 0 and other contractual requirements contained in the Exhibit. L L M Q ASD Result Area Funding Alignment Services Period Fund Source Allocation E 0 2023 VSHSL Fund - 250 000 = MAY 1, 2023 — Seniors N Housing Stability DECEMBER 31, LO 2023 (Reallocated) L Q Not to Exceed 250 000 as E II. PROGRAM DESCRIPTION x° L King County's overarching goal is to ensure that all people, regardless of who they are and where they live, have the opportunity to thrive, with full and equal access to c) opportunities, power and resources. ASD, in its partnership with CITY OF KENT, shares a commitment to contributing to community-level change and individual-level impact in N the division's five result areas: > 0 • Financial Stability Q c • Healthy Living Y 4- • Housing Stability 0, r Service System Access and Improvement r • Social Engagement. _2 x Accordingly, the parties will work together to perform and report the services funded w under this Exhibit in a manner that contributes to the equity goals of the County described herein. E �a CITY OF KENT Page 1 of 8 2023 Contract 6360256 Exh I Q Packet Pg. 52 4.G.a L 0 Program Purpose and Equity Statement: The Contractor shall provide the Program to homeowners in the Kent area to assist in exterior and/or interior home preservation and cn alleviate health and safety issues for low- and moderate-income Seniors in order to allow E homeowners to safely reside in their homes following the repair. 0 c A. Program Activities o J The Contractor shall provide services in accordance with this Exhibit, which shall `o include: 0 1. Eligible projects under the Program may be minor or major repairs and include but are not limited to the following types of projects: painting to restore or maintain integrity of structure; repairing steps and porches; o installation of accessibility ramps or other accessibility supports; repairing or replacing damaged roofs; sewer repair; weatherization; electrical and/or large appliance upgrades; ventilation improvements; purchase, L) distribution, and installation of heat mitigation equipment such as shades, awnings, window coverings, heat pumps and portable air conditioners; and any other similar structural or interior repairs that the Contractor has c deemed appropriate and necessary for maintaining a safe home. a L 2. Projects identified for the Program shall include those where scope or amount allocated to each project exceed the limits within the Contractor's existing Senior home repair program or are in addition to projects the E existing Senior home repair program completes. _ 3. The Contractor shall maintain records of a written plan, approved by o DCHS, that allows for fair and transparent access to the Program and includes the following elements: L a a. A line-item estimated budget that accounts for spending of the total funding allocation which may include an administrative rate not to E exceed 10%; 0 x L b. Expected number of projects completed within that budget; and g a� C. A brief narrative to describe how the Program will prioritize projects. U) J U) 4. The Contractor shall employ effective strategies to reach Seniors who N have not previously participated in the Contractor's existing Senior home > repair program, such as: Q a. Conduct outreach for Program referrals with the nearest VSHSL Senior Hub(s), for example distributing flyers, offering information Y 4- sessions to staff and participants of the Senior Hub, etc., and; o r b. Provide outreach materials in several languages, reflective of the v potential language needs of homeowners in the area. r 5. The Contractor shall ensure Program eligibility of participants as x described below in Section II. B., and include a process for written w attestation of Family Income eligibility and expectation to reside in their serviced homes for the foreseeable future. E �a CITY OF KENT Page 2 of 8 2023 Contract 6360256 Exh I Q Packet Pg. 53 4.G.a L 0 6. The Contractor shall ensure qualified and insured personnel, vendors and/or subcontractors provide repair services for eligible Program cn participants and verify repairs are completed based on professional E standards. 0 0 c a. The Contractor shall oversee the coordination of the repair services o provider(s) and the eligible Program participant(s). _J L 0 b. Upon completion of each repair project eligible under this Exhibit, the c Contractor shall verify the participant's satisfaction with the repair (in 0 writing) and maintain documentation for reporting purposes. •L r 7. If, by three months prior to the end of the Services Period, the Contractor o and DCHS anticipate that funding available will exceed the number of the Program projects the Contractor is able to complete by the end of the Services Period, upon approval by DCHS, the Program may include the Q purchase of home repair or home modification equipment in preparation a) for future distribution and installation to Seniors. 8. Unless this Exhibit provides otherwise, all work performed and services a delivered by the Contractor during the Services Period shall be in conformance with the requirements and descriptions of this Exhibit and be in compliance with all other terms and conditions of this Contract. as E B. Participant Eligibility 0 x Eligible Program participants are homeowners or renters who have approval of o the homeowner in the Kent area with at least one Senior living in the home whose annual gross Family Income must be under 80% of the current HUD L Median Family Income shown in the table below. The 2023 Guidelines Table will be furnished when available. W a) E 0 x 2022 HUD INCOME GUIDELINES o Median Family Income =$129,400 for a family of 4 Effective June 15, 2022 U) x 30% MEDIAN 50% MEDIAN 80% MEDIAN > 0 FAMILY VERY LOW- MODERATE- U) a SIZE LOW-INCOME INCOME INCOME Y 1 $27,200 $45,300 $66,750 0 r 2 $31,050 $51,800 $76,250 C) 3 $34,950 $58,250 $85,800 r 4 $38,800 $64,700 $95,300 x w 5 $41,950 $69,900 $102,950 a� E ca CITY OF KENT Page 3 of 8 2023 Contract 6360256 Exh I Q Packet Pg. 54 4.G.a L 0 6 $45,050 $75,100 $110,550 c m U) 7 $48,150 $80,250 $118,200 a) E 8 $51,250 $85,450 $125,800 3 0 J L 0 C. Definitions c 0 1. DCHS web-referenced definitions for the following terms used within this Exhibit can be found on King County's website at https:HkingcountV.gov/VSHSL-definitions. o a. Senior U b. Senior Hub Q as 2. Definitions for the following terms used within this Exhibit can be found in the VSHSL Implementation Plan on King County's website at 0 https:HkingcountV.gov/VSHSL-Implementation-Plan. L Q. a. Financial Stability as b. Healthy Living o x C. Housing Stability N W d. Service System Access and Improvement M L e. Social Engagement Q as 3. Definitions for other terms used within this Exhibit: E a. "Deliverable" means the work product and other output of the x° services and program activities required to be delivered by the o Contractor as part of the performance of this Exhibit, as specified in the relevant section below. U) J U) b. "Family Income" means the combined gross income of all N occupants (related or not) residing in the same house that are 18 > years of age or older. a c. "Milestone" means a scheduled event signifying the provision of a Deliverable or a set of related Deliverables, occurrence of an Y event, or completion of a task, activity, or service by the identified o date as set forth in Section V.C., Milestones. r U d. "Services Period" means the period of time during which r Contractor will be paid, funded, or reimbursed according to the terms and conditions of this Contract. If no other date is listed in x this Exhibit, the Services Period shall begin when this Exhibit w becomes effective, which is upon execution. E �a CITY OF KENT Page 4 of 8 2023 Contract 6360256 Exh I Q Packet Pg. 55 4.G.a L 0 D. Contract Milestones c as U) The Contractor shall meet the following Milestones during the Services Period: E 0 1. Within 30 days of contract execution, provide DCHS with the detailed budget and the plan for fair and transparent access to the Program and begin work 3 with DCHS program staff to adjust the plan as needed. 0 L 2. By September 11, 2023: Meet with DCHS to review the status of anticipated '0 projects and determine next steps for excess of fund, as appropriate. o E. Subcontracted Services r The Contractor shall invoice the County for due and payable invoices of the Subcontractor or for costs paid by the Contractor for goods, materials, or services already provided by the Subcontractor. The Contractor shall invoice the County only after the Subcontractor has invoiced the Contractor. The Contractor shall Q include a copy of the Subcontractor's invoice with its invoice submitted to the County. 0 III. PARTNERSHIP AND REPORTING REQUIREMENTS a Q. A. Partnership Activities as 1. The Contractor shall work with King County staff to coordinate and align o services with other VSHSL-funded organizations and system partners in x order to effectively and efficiently administer a set of services that N participants may be seeking to access. M 2. The Contractor shall include an attribution to the VSHSL with the use of the VSHSL logo and/or a statement such as "This program receives funding from the King County Veterans, Seniors and Human Services Levy" in all program marketing materials, digital or hardcopy, developed E during this contract period. _ L B. Reporting Activities a� U) 1. The Contractor shall participate in monthly check-ins with King County _J staff either in person or by phone. Check-ins may be reduced or = increased in frequency based on program needs and King County needs > to ensure program accountability and the provision of adequate support a for the program. Q c 2. Starting on July 17, 2023, Contractor shall submit an individual level Y demographic and project status report to the County on a quarterly basis. o Reports are due within ten business days following the end of each r quarter The format and reporting mechanisms for this report shall be v provided by the County. The report shall include the following information for each project funded: project zip code, year of birth of participating Senior related to that zip code, race or ethnicity of participant, date x participant requested project, date project was started, project scope, w date project was completed/or status update, and cost of the project. a� E �a CITY OF KENT Page 5 of 8 2023 Contract 6360256 Exh I Q Packet Pg. 56 4.G.a L 0 3. The Contractor shall submit a narrative report to King County on January 15, 2024. The report shall cover the activities of this Contract. The format cn and questions for the annual narrative progress report shall be provided E by King County. 0 c 4. King County reserves the right to request additional supporting o documentation or information, as needed, and between reporting periods. -J A minimum of three business days' notice shall be provided to the ,o Contractor. If the Contractor believes such notice is inadequate to 0 prepare the report, it shall work with King County to adjust the due date for additional requested information. L r 5. The meeting and reporting requirements of this Section III. shall begin on o the date this Exhibit becomes effective. 6. The Contractor must retain on file backup documentation for all costs paid Q for repair services including receipts, invoices, timesheets, and copies of checks for the duration of Contractor's VSHSL award plus an additional 5 six years. This documentation must be made available upon request. The r- 0 County may conduct a site visit to the Contractor's office to review and a L verify the foregoing records. Advance notice will be given to the Q Contractor in the case of fiscal audits to be conducted by the County. as E IV. COMPENSATION AND METHOD OF PAYMENT = Regular payment for activities covered by this Exhibit shall be based on (1) meeting the o program, Deliverables, and Milestone due dates outlined in this Exhibit, and (2) during the Services Period, the Contractor incurring periodic costs and expenses in performing L such services as described in Section II.A., PROGRAM DESCRIPTION: Program Activities of this Exhibit greater than or equal to the periodic payment listed in the table below. Also, by entering into this Contract, the Contractor is agreeing to make concerted efforts to meet the program activities and contract Milestones as outlined in Section II., 0 PROGRAM DESCRIPTION and program and reporting requirements as outlined in o Section III., PARTNERSHIP AND REPORTING REQUIREMENTS. If, through analysis of the required reports and data or through conversations with the Contractor, it is ui determined that the program model, as described in this Exhibit, is not successfully or -J sufficiently serving the King County Senior community, the Contractor shall work with = King County to re-envision the program model, and pivot, using learnings to improve > service delivery. Such adjustments shall be documented in an amendment to this Exhibit in signed by both parties. Q c If the Contractor does not meet the agreed upon program activities, Deliverables and/or Y contract Milestones during two quarters of the Contract and/or if the Contractor fails to 0 engage with the King County staff to re-envision the program model or make necessary r adjustments in order to better serve King County Seniors, King County reserves the right to request specified corrective action in writing or, either before such a request is issued r or if such a request is unheeded or does not produce improved engagement toward quality improvement, to reduce the contract amount, withhold payment, or terminate the x contract in line with notice requirements in this Contract's Standard Terms and ILL! Conditions. as E �a CITY OF KENT Page 6 of 8 2023 Contract 6360256 Exh I Q Packet Pg. 57 4.G.a L 0 A. Compensation U) Upon the acceptance of the Contractor's services, Deliverables, and/or a) achievement of Milestones, each as applicable and performed during the Services 0 Period, and the delivery and acceptance of correct Billing Invoice Package (BIP), c DCHS shall make a quarterly payment as stated in the payment table below. o J B. Unspent Funds `o c If unspent funds remain at the end of the year, at King County's sole discretion, 0 such funds shall return to the fund source they originated in and be considered for reprogramming for other VSHSL priorities. C. Acceptance of Work c To serve the best interests of Kin Count the delivery of each Deliverable shall g Y, rY c� be subject to acceptance by DCHS. DCHS may withhold payment if it rejects or Q fails to accept a Deliverable; payment on the Contract shall not be considered acceptance of Work. 0 DCHS shall provide written notice to the Contractor of DCHS' acceptance or a rejection of a Deliverable within fourteen (14) calendar days from the date of Q. DCHS' receipt of such Deliverable. If DCHS does not accept a Deliverable, such notice shall include the reasons for such rejection, and the Contractor shall have fourteen (14) calendar days to cure the identified deficiency(-ies). x0 D. Billing Invoice Package o LO The Contractor shall submit a BIP quarterly for payment of actual expenditures pursuant to services as described in this Exhibit. The BIP shall consist of an expenditure report in a format approved by King County and other reporting requirements as stated in Section III., PARTNERSHIP AND REPORTING REQUIREMENTS of this Exhibit in a format approved by King County. The BIP is c due within ten business days following the end of each payment period. The total x amount of reimbursement each year of this Exhibit shall not exceed the yearly o funding allocation as noted in the funding table in Section I., WORK STATEMENT, unless otherwise approved by King County in writing. The U) Contractor's obligation to submit a BIP shall not begin until after the effective date of this Exhibit. The Contractor shall advise King County quarterly of any material changes in Q revenues from sources other than the County that are used to provide the services funded under this Exhibit. The Contractor agrees to re-negotiate, as Y needed, if the County determines that such changes are substantial. 4- 0 r U r t x w c a� E ca CITY OF KENT Page 7 of 8 2023 Contract 6360256 Exh I Q Packet Pg. 58 4.G.a L 0 Payment Payment/ Fund ari Date Due period Source Deliverable a) July 17, 2023 April - VSHSL Fund - Seniors 1. Accurate invoice E 0 June 2023 2. Individual-level and project c status data 3 3. General ledger/expenditure � detail, subcontractor ,o invoices, receipts and/or c other supporting o documentation for Program reimbursement requests r October 13, 2023 July- VSHSL Fund - Seniors 1. Accurate invoice o September 2. Individual-level and project 2023 status data U 3. General ledger/expenditure Q detail, subcontractor invoices, receipts and/or other supporting a0 documentation for Program L reimbursement requests Q. m January 15, 2024 October- VSHSL Fund - Seniors On-time completion /submission December of: E E 2023 1. Accurate invoice = 2. Individual-level and project N status data LO 3. Annual narrative progress L report Q 4. General ledger/expenditure detail, subcontractor m invoices, receipts and/or E other supporting = documentation for Program o reimbursement requests m J 2 N a Y 4- 0 r U r t x w c a� E ca CITY OF KENT Page 8 of 8 2023 Contract 6360256 Exh I Q Packet Pg. 59 4.H INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington 220 Fourth Avenue South KENT Kent, WA 98032-5895 WAS"'N G T O N 253-856-4600 DATE: May 16, 2023 TO: Operations and Public Safety Committee SUBJECT: Jail Management System Purchase Agreement — Authorize MOTION: I move to authorize the Mayor to sign the Systems Purchase Agreement with Black Creek Integrated Systems Corporation, in an amount up to $632,905, subject to final terms and conditions acceptable to the IT Director and City Attorney, and to authorize the IT Director to sign all future annual renewals that are within established budgets. SUMMARY: This agreement is necessary to replace and expand the jail management components currently available in the Tiburon system with a new jail management system, which will include integrations with the police records management system as well as integrations with other systems/services both on- premises and in the cloud. This agreement includes the purchase of software and professional services including integrations, data conversion, configuration, implementation, and training. IT anticipates a tentative "go live" date in Q3 of 2024, after which the incorporated support agreement becomes effective following a 90-day warranty period. This initial support fee is included in this agreement in the amount of $90,540, which will be prorated to the calendar year. This yearly support agreement will need to be renewed annually for the life of this system in order for the City to receive prompt and effective technical support for this system. IT is requesting authorization to allow the IT Director to sign subsequent support renewals provided that funds are available within the established budget. BUDGET IMPACT: Initial contract and support fee of $632,905 will be paid out of existing and approved project budget. Budgeted funds for renewals will be requested in future budget cycles and allocated from IT Software Maintenance Budget. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 60 4.H ATTACHMENTS: 1. Exhibit 1-PC21045 On-Prem System Purchase Agreement BCIS Final (PDF) 2. Exhibit 2-City of Kent - JMS Future State (PDF) Packet Pg. 61 4.H.a .40 KENT SYSTEM PURCHASE AGREEMENT Between the City of Kent and Black Creek Integrated Systems Corp. m L This System Purchase Agreement (Agreement) is between the CITY OF KENT (City or Customer), Q a Washington Municipal Corporation located at 220 Fourth Avenue South, Kent, WA 98032 and N BLACK CREEK INTEGRATED SYSTEMS CORP. (Vendor), organized under the laws of the State of Alabama with its principal place of business at 2900 Crestwood Blvd., Irondale, AL 35210-6747, effective on the last date signed below ("Contract Date"). This Agreement is to obtain access to a Vendor's products and services, including installation and implementation services, all of which will E continue to be supported and maintained by Vendor under the terms of this Agreement. v, 1. Description of Work and Services Provided by Vendor. c m E 1.1 Products and Services Provided. Vendor shall provide the City with the following a, products and services: c ca a. Provide Vendor's SallyPort©WA software ("Software") to serve as the City's new jail and inmate management system for the corrections division of the Kent Police Department ("System"), and a perpetual non-exclusive, non-transferable license to utilize the Software for City L; purposes. Ln M b. Manage the delivery, installation, customization, and configuration of the System and the performance of all services in connection therewith as described in, and in ii conformance with, the Project Scope of Work attached and incorporated as Exhibit A. v) U 00 C. Provide, review, and approve all technical specifications with respect to the City's hardware and equipment to ascertain compatibility with the System. E a� d. Develop, in consultation with the City, the functional design specification documents, acceptance plan, and other project artifacts as detailed in Exhibit A for the system. Q m e. Provide the required interface as listed in Exhibit A to the new records management system being acquired for and by the policing division of the Kent Police Department, and coordinate with that records management system vendor to allow for a seamless integration a with the Software to the extent controlled by Vendor. E N f. Assist the City in performing acceptance testing in the manner contemplated U) by Exhibit A. E L g. Assist the City in performing the final acceptance testing to determine o whether the System conforms to the acceptance test plan and is ready for final system acceptance. 0 0 h. Act as the central point of contact and coordinator for all services as related N to implementation of the Software. v a i. Under the terms of Black Creek's Unlimited Support Plan, attached and incorporated as Exhibit B, provide the City with any upgrades, updates, or enhancements to, the base application of the System, concurrently with such upgrades, updates, and enhancements being w made available to other licensees of the Software. On the condition that the City is covered by an active support plan—the Unlimited Support Plan—any costs pertaining to the installation of such E upgrades, updates, and enhancements shall be the responsibility of Vendor, to the extent the installation involves incorporating the upgrade, update, or enhancement into the System and in doing 2 Q SYSTEM PURCHASE AGREEMENT Page 1 Packet Pg. 62 4.H.a so securing for the City, at a minimum, the same level of functionality that it had with respect to the System immediately prior to the installation of such upgrade, update, or enhancement. After the i System's deployment, new modifications, customizations, and interfaces not included in the Unlimited Support Plan shall be made available to the City at an additional cost mutually agreed upon E by the parties. m L j. Assist the City in determining whether and when the System is ready for use Q a� in live operations. U k. Ensure any subcontractors Vendor hires to perform work or supply products a under this Agreement deliver, configure, install, and support the System, the modification, interfaces, and any third-party products and services in accordance with this Agreement and the (; specifications. Cn I. Provide and install, as well as require any subcontractor hired by Vendor to provide and install, Software updates, upgrades, and enhancements to the System, including E without limitation relevant technical documents, within 30 days after they are made generally commercially available to other licensees of the Software. All such updates, upgrades, and enhancements, including any for maintenance, shall be deemed a part of the System prior to final M system acceptance, and shall be provided and installed without additional fee. M M. Ensure that all deliverables are delivered to the City free and clear of all liens LO LO and encumbrances. LO M n. Deliver, install, and implement the System at the stated location(s) and in c stated quantities including without limitation all deliverables in accordance with the specifications U_ included within the Scope of Work attached as Exhibit A and the Project Schedule attached as U) Exhibit C, or elsewhere in this Agreement, or otherwise mutually agreed upon in writing by the City CO and Vendor; and with respect to delivery, installation, and implementation, Vendor shall comply with state, federal, and industry standards for such items. E a� a� o. Following delivery and installation of the System, provide the City with a training as specified in the Project Schedule included as Exhibit C. Such training is to be provided on a mutually agreed upon schedule between the City and the Vendor. If the City is not available for training at the scheduled time(s), a revised training schedule will be established based upon i the mutual agreement of both parties, and the project schedule shall, if necessary, be revised by a mutual agreement of the parties. a� q. Work in cooperation with City staff and other vendors under contract with the City. Vendor agrees to coordinate and cooperate with all such staff and vendors, as may be ) necessary, to assure timely and successful implementation of the System according to the project plan and seamless integration with the records management system being contemporaneously a procured for and by the policing division of the Kent Police Department through Axon Records. LO r. Provide maintenance and support services as provided for by this Agreement and Exhibit B. N U a Vendor shall perform the duties described in this Agreement in an efficient, competent, and timely manner and exercise reasonable care, skill, and diligence in their performance. Having regard to the Scope of Work in Exhibit A and the draft Project Schedule in Exhibit C, Vendor shall, x in consultation with the City, determine the manner and means by which such duties shall be w performed. Such duties shall be performed with the City's full cooperation, at the City's premises, remotely from Black Creek's Corporate offices, or, if agreed to by both parties, at an alternate E location. Vendor agrees, while working on the City's premises, to observe City's rules and policies, U including but not limited to, the City's Mutual Nondisclosure Agreement, attached and incorporated Q SYSTEM PURCHASE AGREEMENT Page 2 Packet Pg. 63 4.H.a as Exhibit G. Vendor shall respond expeditiously to any inquiries pertaining to this Agreement and the project from the City. i 1.2 Grant of License to Access and Use Products and Services. Through this Agreement, E E Vendor hereby grants to City, including to all its Authorized Users, a perpetual, non-exclusive, non- sublicensable, non-assignable, royalty-free, and worldwide license to install, integrate, configure, implement, and use the Software, System, or other products and services Vendor makes available to the City through this Agreement. Such products and services shall include those specified within Exhibit A, as well as any additional or future products and services that may be added during the term of this Agreement. The City shall refrain from taking any steps such as reverse assembly or reverse compilation, to derive a source code equivalent to the products and services as further a described in Section 13.3. This section 1.2 shall survive termination or expiration of this m Agreement. 2. Term. The term of this Agreement shall commence on the Contract Date and expire at the end of the warranty period identified in Section 9.2(f) (Initial Term), with the option for the City to E renew thereafter for ongoing support and maintenance of the System for additional one-year terms 0 upon mutual consent of both parties. Annual Support Agreements shall coincide with calendar year; the initial support period will be from end of warranty through the end of that calendar year. M Any reference in this Agreement to "days" shall mean "calendar days" unless a different meaning is expressly stated. ,LO Ln M 3. Compensation. c 3.1 Invoices. Payments by the City to Vendor shall represent the full compensation due U_ Vendor for all hardware, software, and services provided by the Vendor under this Agreement. The U) compensation due Vendor and the terms of such payment are as provided for within Exhibit A, and m any approved change orders or contract amendments. The City agrees to pay the Vendor as provided r_ for within Exhibit A pursuant to invoices submitted by Vendor in accordance with the draft project E schedule provided for in Exhibit C and conditioned on the City's approval and acceptance of the L corresponding major milestone if listed on the Statement of Milestone Substantial Completion a attached and incorporated as Exhibit D. 3.2 Undisputed Fees. Undisputed invoices shall be due and payable within 30 calendar i days following the City's receipt of an accurate invoice and acceptance of the product as conforming, a whichever event occurs last. City shall notify Vendor in writing of any disputed amount within 20 E business days of receipt of the applicable invoice. Portions of invoices that are subject to a good faith ; billing dispute shall not be considered delinquent for purposes of this Agreement. Disputed billings are subject to Section 23.2, Dispute Resolution. E m L 3.3 Payment Adjustments. Vendor guarantees pricing for the Unlimited Support Plan as a provided for in Exhibit A and Exhibit B for the Initial Term of this Agreement, or any approved change O order or contract amendment that alters that pricing. This initial pricing shall be prorated based on LO the number of days remaining in the calendar year. Thereafter, pricing for support services included o in Exhibit B may increase annually by an amount not to exceed COLA (the percent change in CPI-U N for the most recent 12-month period as determined by the U.S. Department of Labor Statistics); a pricing for additional software, interfaces, customizations, or services not previously quoted in Exhibit A or Exhibit B will be available at the prevailing rate offered to other customers. Amounts due the City as damages may be deducted by the City from any money payable to the Vendor pursuant to x this Agreement. The City shall notify the Vendor in writing of any claim for damages prior to the date w the City deducts such sums of money payable to Vendor. CD 3.4 Payments to Third-Parties. The City is contracting only with Vendor for all of the work U included in Exhibit A. To the extent that Vendor engages any subcontractor or other third-party in Q SYSTEM PURCHASE AGREEMENT Page 3 Packet Pg. 64 4.H.a connection with this Agreement, the Vendor shall be solely responsible to make payments to such third-parties and subcontractors, except as noted in Exhibit A. Further, the Vendor is responsible for i and guarantees the work of all subcontractors or third-parties it retains to perform any of the work under this Agreement. The City is responsible for retaining and paying third-party vendors for any E E charges from those vendors that may be incurred to implement interfaces included in Exhibit A. L 3.5. Taxes. All contract amounts shall be inclusive of sales or other applicable taxes, and Q a� invoices shall include all tax obligations stated separately from the contract amounts. City shall pay all applicable sales, use, value added or similar taxes to Vendor and Vendor shall remit all such taxes, if imposed by local and/or state authorities on all Software, and other taxable goods and services a procured by the City under this Agreement. E m r 3.6 Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an Cn alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed m by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. 4. Inspection. Vendor's performance shall be subject to inspection by the City on a periodic M basis. The Vendor shall assist in any such inspection by the City's project manager or their designee to allow a determination of Vendor's compliance with Exhibit A and the specifications for this project. ,LO Such inspections shall not unduly interfere with Vendor's performance. If the City's Project Manager LO or their designee determines that the Vendor's performance is not in compliance with the requirements of this Agreement, the City may require the Vendor to correct the performance at no c additional cost to the City. If the Vendor fails to correct the performance, the Parties shall have the U_ right to terminate the existing Agreement per the terms of article 17. U) U 00 5. Acceptance. The City shall test the System in accordance with the mutually developed and agreed upon acceptance test plan and the Scope of Work provided for within Exhibit A and shall go- E live with the System if, after completing these tests, the City determines that the System conforms to the specifications set out in Exhibit A. In addition, at such time as the System has complied with a the acceptance criteria required for final system acceptance, the parties will jointly execute a completion certificate. Until such time, the System will not be deemed to have achieved the acceptance criteria associated with final system acceptance. For purposes of clarity, it is the objective i of the parties to achieve final system acceptance within 30 calendar days following the City a commencing live operations. a� 6. System Maintenance and Support Services. In addition to those services provided for within Exhibit A, Vendor shall provide System maintenance and support services as provided for ) within Exhibit B attached and incorporated. a 7. Change to Scope of Vendor Services. The Vendor will provide the services specified in Exhibits A and B to this Agreement. Any services desired by the City in excess of those specified in Ln this Agreement will be subject to the availability and scheduling of Vendor personnel and to Vendor's rates specified within this Agreement. No changes or revisions to the System, and no additional v payment therefore, will be made except pursuant to a written amendment to this Agreement, signed a by an authorized representative of both parties. A sample of this type of agreement is attached and incorporated as Exhibit E. x 8. City Property. The City shall own all data used and generated by the System. Vendor shall w not take or do any act that would interfere with the City's access to or use of the data. The City may modify or adapt any portion of System documentation for its own use and at its own expense, to E meet the City's specific requirements. Such modifications or adaptations of such documentation U r Q SYSTEM PURCHASE AGREEMENT Page 4 Packet Pg. 65 4.H.a made by the City shall remain the property of the City, subject to any confidentiality obligations the City may have in respect of such documentation. i If provided access, either locally or via remote access, to the City's network, the Vendor shall E prevent loss of System files and data on the City's servers due to acts of the Vendor or its employees, agents, and subcontractors. Vendor shall treat as confidential all information related to remote Q access, including instructions, user IDs, and passwords. In no case shall Vendor allow a third party (i.e., not employed or engaged by Vendor) to remotely connect to the City's network. U 9. Representation and Warranties. The warranties provided for in this section are in addition to any other warranties afforded by law. a E m r 9.1 Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) such Party has the required power and authority to enter into this Agreement and to Cn perform its obligations hereunder, and shall have obtained and continue to maintain all licenses, permits, and certifications required for such Party in connection with the performance of this E Agreement; (b) the execution of this Agreement and performance of its obligations hereunder do not and will not violate any other agreement to which it is a party; and (c) this Agreement constitutes a legal, valid, and binding obligation when signed by both Parties. M 9.2 Vendor Warranties and Representations. Vendor represents and warrants that all products and services provided under this Agreement will be provided and performed in a professional LO LO and workmanlike manner, consistent with applicable industry standards and the corresponding �'O,, specifications set forth in the applicable Statement of Work and service level commitments. c a. Deliverables. Vendor represents and warrants that each deliverable shall meet U_ and conform to the specifications and requirements of this Agreement. Vendor also represents and D warrants that the System and services, in whole and in part, will perform in accordance with the m description of the functions and capabilities provided under this Agreement. Vendor agrees that it will promptly correct errors in accordance with the response guarantees provided for in this E Agreement. L b. Services. Vendor represents and warrants that (a) it shall perform all services required pursuant to this Agreement in a professional manner, with high quality; (b) it shall give due priority to the performance of the services; and (c) it has the resources, personnel, expertise, and i corporate infrastructure available to deliver and support the design, delivery, implementation, and a maintenance of the System and meet any milestones or deadlines imposed by this Agreement. E a� C. Title Warranty and Warranty against Infringement. Vendor hereby warrants and >, represents that Vendor is the owner of the System, its Software, and the services provided or licensed U) hereunder, or otherwise has the right to grant to the City, the licensed rights to use the System, Software, and services made available through this Agreement without violating any rights of any a third-party worldwide. Vendor represents and warrants that (i) Vendor is not aware of any claim, O investigation, litigation, action, suit, or administrative or judicial proceeding pending or threatened Ln based on claims that Vendor's System, its Software, or services infringe or misappropriate any patents, copyrights, trade secrets or other intellectual property rights of any third-party; and (ii) v Vendor's System, its Software, and services do not knowingly infringe upon or misappropriate any a patents, copyrights, trade secrets or any other intellectual property rights of any third-party. d. Maintenance Services Warranty. Vendor warrants that, in providing the x System, its Software, and in performing the Services under this Agreement, Vendor shall w substantially and materially comply with the descriptions and representations provided throughout Vendor's performance of this Agreement, including performance capabilities, accuracy, E completeness, characteristics, Statement of Work, configurations, standards, function, and U requirements, which appear in this Agreement. Q SYSTEM PURCHASE AGREEMENT Page 5 Packet Pg. 66 4.H.a e. Warranty of Compliance with Applicable Law. Vendor warrants that all work i under this Agreement shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances to which they are subject. Vendor warrants that, throughout the Term of E E this Agreement, including any renewals, the System shall comply with changes to and new applicable federal, state, and local laws, regulations, codes, and ordinances to which they are Q subject. Vendor represents and warrants that it shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary in providing the System, its Software, or in performing the services under this Agreement. L f. Warranty of Services; General Responsibilities. Vendor warrants the System, a its Software, and its services for a term of 90 days following the date of Go Live as conforming to m the terms of this Agreement. Vendor shall provide Warranty Services as described in this Agreement at no additional cost to correct deficiencies in the System, its Software, or Vendor's services, and Cn to repair and maintain the same in accordance with the specifications, subject to the Service Level Agreement. Vendor's warranty service responsibilities shall include, but not be limited to the E following: c ca i. Promptly and diligently perform and reperform the services that are not a in compliance with documentation/specifications, representations, and M warranties at no additional cost to the City; LO LO ii. Maintain the System and its Software in accordance with the LO specifications and terms of this Agreement and meet all availability and system performance service levels as specified in this Agreement. The c System and its Software is an on-premises solution for which the City U_ must perform backups and provide failover capability of the City- v provided server(s). However, the Vendor shall provide the City with full CO assistance with recovery and continuity, at no additional cost subject to r_ the terms of the annual support plan, to the extent the City is covered E by an active annual support plan at the time of any failure or loss. L a� iii. Promptly coordinate with the City all tasks related to correcting problems and deficiencies connected with the System, its Software, and Vendor's services. L iv. Not disable any City software, including the Software provided by - Vendor with the System, without notice to and agreement by the City. ; N V. If Vendor and/or City reasonably determines that Vendor is unable to U) remedy such deficiencies, Vendor or City may terminate the Agreement and Vendor shall issue a prorated refund to City of the fees previously a paid by City to Vendor for any unused term of this Agreement and fees from the date of termination. LO 0 vi. Maintaining compatibility with the City's computing environment, v including the City's database software, network, and platforms, within a the limitations and constraints of the architecture and programming platform of the System and its Software, and ensuring that future updates, upgrades, enhancements, and modifications to the System and x its Software maintain this compatibility. City acknowledges that Vendor w provides regular updates to the software and nothing in this Article shall be construed so as to require Vendor to provide updates that are E backward compatible to City's existing hardware. U r Q SYSTEM PURCHASE AGREEMENT Page 6 Packet Pg. 67 4.H.a 10. City Data/Vendor Obligations. i 10.1 Ownership and Use. City owns all of the information and materials that it submits, uploads or transfers, or causes to be submitted, uploaded, or transferred utilizing Vendor's products E and services (City's Data). L 10.2 Security of System and Data. Vendor must make every reasonable effort to protect Q a� the City's systems and data from improper access. To the extent that Vendor has access to the City's data, Vendor shall maintain and handle all of the City's data with commercially reasonable physical, electronic, and procedural safeguards to protect and preserve the confidentiality and security of City's a Data (including personal information) in accordance with applicable data protection legislative requirements and as further described in Vendor's policies which should reflect the highest industry m standards for privacy and security, which applicable policies are incorporated herein by reference. The City has primary responsibility for security of data stored on City premises and transmitted over Cn the City's network. City and Vendor agree that remote support shall be provided through the procedures identified in the City's Remote Access Agreement, attached and Incorporated as Exhibit E F. M c ca 10.3 Data Restrictions. Vendor shall restrict access to City data to Vendor employees, a affiliates' employees, or others who need to know that information to provide products and services M to City. City data shall be stored and hosted within the United States of America. Vendor will use City data for the purposes described in this Agreement. Vendor will not sell, license, transmit or disclose LO LO this information outside of Vendor's business unless: (1) City expressly authorizes Vendor to do so; M (2) it is necessary to allow Vendor's licensors to provide products or perform services under this Agreement); (3) in order to provide Vendor's products and services to City; (4) otherwise as Vendor c is required by law after written notice to City of such requirement. Notwithstanding the foregoing, U_ Vendor is responsible for any disclosures of City data by Vendor's licensors made contrary to the U) terms of this Agreement. m r c 11. Intellectual Property Ownership. Vendor (and its licensors, where applicable) shall own E all right, title, and interest, including all related intellectual property rights, in and to the products L and services, the content, the software, and in its technology. This Agreement does not convey to a City any rights of ownership in or to the Vendor's products and services, technology, software, or the intellectual property rights owned by Vendor and its licensors, where applicable. L 12. Non-Disclosure of Confidential Information. The Parties' obligations regarding non- a disclosure of Confidential Information are contained in the attached and incorporated Exhibit G. All Confidential Information is and shall remain the property of its owner to the extent consistent with ; applicable law. The disclosure of Confidential Information to the other party does not grant to it any express or implied right to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein. a 13. City Obligations. O LO 13.1 Hardware Obligations. Except for any equipment or hardware provided by Vendor under this Agreement, the provision and maintenance of which is part of Vendor's required v performance under this Agreement, the City shall be responsible for obtaining and maintaining all a other computer equipment, hardware, software, and communications equipment needed to internally access and utilize the products and services. x 13.2 Anti-Virus Obligations. The City will use commercially reasonable efforts to safeguard w against computer infection, viruses, worms, Trojan horses, and other code that manifest CD contaminating or destructive properties (collectively "Viruses") that may reasonably affect the E performance of Vendor's software. U r Q SYSTEM PURCHASE AGREEMENT Page 7 Packet Pg. 68 4.H.a 13.3 Restricted Uses. The City will not: I a. knowingly upload or distribute any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the products E E and services, L b. modify, disassemble, decompile or reverse engineer the products and services Q a� or pre-release equipment or hardware devices or software disclosed, U C. copy, reproduce, resell or commercially exploit the products and services, a- d. reverse engineer, decompile or disassemble any software code and/or pre- m release equipment or hardware devices disclosed. Cn 14. Indemnification Obligations. E 14.1 City Indemnification Obligations. Subject to Section 14.3 below, City shall defend, indemnify, and hold Vendor and its parent organizations, subsidiaries, Affiliates, officers, directors and employees harmless from and against any and all claims, costs, damages, losses, liabilities and M expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (i) a M third-party claim alleging that the use of City Data infringes the rights of, or has caused harm to, a third-party; (ii) a third-party claim alleging a breach of any of City's representations and warranties; LO LO or (iii) a third-party claim alleging City's use of Confidential Information or intellectual property rights �'n,, of Vendor or its Licensors is in violation of this Agreement; (iv) third-party claim of injury or death to person or damage to property arising from City's negligence. c ii 14.2. Vendor Indemnification Obligations. Subject to Section 14.3 below, to the extent D caused by Vendor, Vendor shall defend, indemnify, and hold City and its elected officials, officers, m employees, agents and attorneys harmless from and against any and all claims, costs, damages, c losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in E connection with: (i) any breach by Vendor (or any of Vendor's employees, agents, subcontractors, L or by anyone else for whose acts any of them may be liable) of any of the promises, agreements, a representations, warranties, or insurance requirements contained in this Agreement; (ii) a third- party claim alleging that the Vendor's Products or Services, content, software, or technology infringes or misappropriates the rights of, or has caused harm to, a third-party; (iii) a third-party claim alleging i a breach of any Vendor representations and warranties in this Agreement; (iv) a third-party claim a alleging Vendor's use of City Data is in violation of this Agreement; or (v) a third-party claim alleging a breach of Vendor's confidentiality or data security obligations, that infringes the rights of, or has ; caused harm to, a third-party, (vi) third-party claim of injury or death to person or damage to >, property arising from Vendor's negligence. E m L 14.3 As an express condition of the foregoing indemnification obligations, the parties hereby a agree that: O LO a. the indemnified party shall promptly notify the indemnifying party in writing for any claim for which indemnification is sought; v a b. the indemnified party shall cooperate with all reasonable requests of the indemnifying party (at the indemnifying party's expense) in defending or settling such claim. x C. the indemnifying party shall be allowed to control the defense and settlement w of such claim; E z U r Q SYSTEM PURCHASE AGREEMENT Page 8 Packet Pg. 69 4.H.a d. the indemnifying party may not settle any claim that includes an admission of liability, fault, negligence or wrongdoing on the part of the indemnified party unless the indemnified i party provides prior written consent, a� E e. the indemnified party shall have the right, at its option and expense, to participate in the defense of any action, suit or proceeding relating to such a claim through counsel Q of its own choosing; M f. each indemnified party will undertake commercially reasonable efforts to mitigate any loss or liability resulting from an indemnification claim related to or arising out of this Agreement. a E m r 15. Limitation of Liability U) 15.1. EXCEPT FOR CLAIMS ARISING FROM EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, CONFIDENTIALITY AND SECURITY OBLIGATIONS, REPRESENTATIONS AND E WARRANTIES, AND INTELLECTUAL PROPERTY INFRINGEMENT OBLIGATIONS, IN NO EVENT SHALL 0 EITHER PARTY'S AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE PARTY'S STATED INSURANCE LIABILITY CAP. M 15.2. NEITHER PARTY WILL BE LIABLE FOR BREACH-OF-CONTRACT DAMAGES SUFFERED BY THE OTHER PARTY THAT ARE REMOTE OR SPECULATIVE, OR THAT COULD NOT HAVE ,LO REASONABLY BEEN FORESEEN ON ENTRY INTO THIS AGREEMENT. M 15.3. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR c TORT AND REGARDLESS OF THE THEORY OF LIABILITY. U_ U) 16. Insurance. Vendor shall maintain insurance that is sufficient to protect its business m against all applicable risks, at a minimum as set forth in the attached and incorporated Exhibit r_ H, "Insurance Requirements." Vendor shall promptly provide City with certificates of insurance E to evidence Vendor's continued compliance with Exhibit H. L 17. Termination of Agreement. 17.1 Termination for Convenience. Either party may terminate this Agreement without i cause. In the event of such desire, the City may terminate upon giving the Vendor 90 days advance a written notice of termination, and the Vendor upon giving the City 90 days advance written notice of E termination. ; N 17.2 Termination by City for Cause. In addition to any other rights granted to City in this U) Agreement or under law, the City has the right to terminate this Agreement immediately upon written notice due to: a O a. a material breach of a term, representation, or warranty under this Agreement Ln (including a material breach under any incorporated attachment, addendum and/or exhibit to this Agreement) by Vendor of any of its subcontractors or licensors of services if such material breach is v not remedied within 30 calendar days following receipt of written notice from City. A material breach a. shall be deemed to have occurred if the System continues to exhibit defects causing serious disruption of use and/or repeated periods of downtime, notwithstanding Vendor's remedial or maintenance efforts, over a continuous period of 60 calendar days. x w b. a third-party's proven claim that Vendor's products or services, content, data, CD infrastructure, professional services, technology, software, or any other services and products E provided to the City by Vendor or its subcontractors or licensors or other third-parties, and the U r Q SYSTEM PURCHASE AGREEMENT Page 9 Packet Pg. 70 4.H.a intellectual property rights associated therewith, infringes upon such third-party's intellectual property rights. i C. City Council fails to appropriate funds for payment of Vendor's Products or E Services under this Agreement. L d. Vendor files for protection under bankruptcy laws, makes an assignment for the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or insolvency act or has any such petition filed against it which U is not discharged within 60 days of the filing thereof. a 17.3 Termination By Vendor for Cause. In addition to any other rights granted to Vendor in this Agreement or under law, Vendor reserves the right, upon written notice to City, to terminate >, Cn this Agreement due to: c m a. any undisputed amounts City owes that are delinquent greater than 90 days; E or M c ca b. a material breach of the terms of this Agreement, other than a payment a obligation, by City or its users if such breach is not remedied within 30 days following receipt of cc written notice of such breach from Vendor to City; or LO LO C. a third-party's proven claim that City's Data, and/or intellectual property Ln infringes upon such third-party's rights. c 17.4 No Suspension of Services. Provided City continues to timely make all undisputed payments, Vendor warrants that during the term of this Agreement, Vendor will not withhold products U) U or services provided herein, for any reason, including but not limited to a dispute between the parties m arising under this Agreement, except as may be specifically authorized herein. E 17.5 Effect of Termination. L a. Once the City has paid in full the agreed license fee for the Software and all associated implementation work, the licensing rights or other rights granted hereunder for the System and its Software shall not terminate unless there is a material breach of the City's obligations i under the licensing grant or nondisclosure sections of this Agreement. In such event, however, the a City will not receive updates of, or modifications to, the Software by Vendor. The City will only be E entitled to access the non-current source through its exercise of the license granted under the ? Agreement. b. If Vendor is found to have materially breached a warranty under this a) Agreement, the City may terminate the Agreement immediately and the City shall not be financially a obligated for any costs associated with this Agreement and shall be reimbursed for any payments 0 made, less expenses incurred by Vendor. A Material Breach shall be as defined in 17.2(a) above. LO 0 C. Subject to subsection 17.5(a) above, if either party terminates this Agreement C`' U without cause, the City will only be obligated to pay the amounts then due for services provided a meeting Vendor's contractual commitments as calculated up to the date of termination and, if applicable, the City will be reimbursed a prorated amount of unused, prepaid fees. x d. If Vendor terminates for cause that City does not dispute or if City terminates w without cause and a balance is still due on City's account, then City agrees that Vendor may bill City CD for such unpaid fees due up to the date of termination. E z U r Q SYSTEM PURCHASE AGREEMENT Page 10 Packet Pg. 71 4.H.a e. In the event this Agreement terminates for any reason, Vendor shall provide the City with all City Data in the Vendor's possession, in a format acceptable and at no cost to City, i within 30 calendar days of the effective date of termination. a� E 18. Remedies. Termination of this Agreement shall not affect any right of action of either party prior to the termination being effected. All remedies shall be cumulative and may be exercised Q concurrently, or separately, which shall not be deemed to constitute an election of any one remedy to the exclusion of any other. In addition to any other remedy provided below, or at law or equity, the City shall have the right to recover from Vendor all damages reasonably caused by default of any representation or warranty. a 18.1 Defective Media. If the material on the media containing the Software is defective, the m City shall notify the Vendor and Vendor shall promptly assist the City to restore the Software from backup at no charge to the City. Cn c m 18.2 Damaged Data. If the Vendor, or any employee, agent, or subcontractor of Vendor, E loses or damages any City data, the Vendor shall, at its own expense, promptly replace or regenerate the lost or damaged data from the City's machine-readable supporting material or obtain a new copy of lost or damaged data from the City. M 18.3 Nonconformity. If the System does not perform in accordance with the description of functions and capabilities as described in Exhibit A, or if a material portion of the System is defective, LO LO said non-conformance or defect will be considered a breach. The City shall notify Vendor in writing LO specifying in reasonable detail the reason for the claimed breach, as soon as practicable after discovery of the breach. Vendor shall then, at its own expense, replace or make such corrections to c the System as necessary to cure the deficiency. Vendor shall notify the City, in writing, when such U_ corrections have been completed. If the Vendor fails to replace or correct the System to the City's U) reasonable satisfaction in accordance with this Agreement, or such longer period of time as the CO parties may agree, the City may return the non-conforming or defective portion, including any portion r_ related the non-conforming or material defect, or the entire System, whichever the City, in its sole E discretion, deems is appropriate under the circumstances. Upon return of the System, the Vendor L shall refund all fees paid to Vendor under this Agreement. a m 18.4 Damage Recovery—No Self-Help. In addition to any other remedy provided for herein, or at law or equity, the City shall have the right to recover from Vendor all damages reasonably i caused by default or any representation or warranty. Vendor shall not employ any "Self-Help" a remedies, including without limitation, back door or drop dead devices, whose function is to disable E the System remotely. Vendor's remedy is for monetary damages and does not include return of the ; Software. This paragraph shall not limit the City's right to pursue any other remedy available to it in law, at equity, or pursuant to this Agreement. E m L 18.5 Major Milestones. Vendor will provide the City with a written Project Schedule, Exhibit a C, with milestone completion dates that have been approved by both parties. Vendor acknowledges and agrees that time is of the essence, and agrees to make every commercially reasonable effort to LO complete the project in accordance with the project schedule and all applicable schedules. The City o agrees to perform tasks identified in the project schedule as City's responsibility in a timely manner. v Since it is imperative that the System implementation be completed according to the project a schedule, the City shall be entitled to a refund for any failure by Vendor to meet its obligations hereunder in strict accordance with such project schedule. For any failure to comply with the project schedule not resulting from force majeure, the City shall be entitled to a refund of one-half of one x percent (0.50%) of the contract price for every 30 calendar days past a milestone project schedule w deadline, in addition to and not in limitation of any other remedies available to the City under this Agreement. For purposes of this subsection "contract price" is the total cost of the purchase and E license price of the items specified in the Scope of Work attached as Exhibit A. U r Q SYSTEM PURCHASE AGREEMENT Page 11 Packet Pg. 72 4.H.a 19. Project Schedule. The project schedule shall be as specified in the attached and incorporated Exhibit C. The project schedule will include the various tasks/activities of the project and identify the i party (City or Vendor) responsible for completion of each task/activity. Schedule changes resulting in the delay of major milestones, Vendor deliverables, or project go-live dates will require an E agreement by both parties. L 20. Key Persons. Q a� M 20.1 Assignment of Key Project Persons. The Vendor's project team is essential to the services offered pursuant to this Agreement. Therefore, the parties agree that: Vendor will not transfer or reassign individuals assigned to Key Project Leadership positions without the express a written agreement of the City, and should such individual(s) no longer be employed during the term of this Agreement by Vendor for whatever reason, the City shall have the right to request a specific replacement. In addition, the City reserves the right to request reassignment of individuals assigned Cn to Key Project Leadership positions if the City, in good faith, believes such individual does not meet the performance or qualification standards established by the City. E M 20.2 Right of City to Reject Vendor Employees. The City shall have the right to reject any of Vendor's Key Project Leadership employees whose qualifications or performance in the City's good M faith and reasonable judgment do not meet the standards established by the City as necessary for M the performance of the services. Such notice shall be provided in writing to the designated location for receipt of notices. Upon receipt of notice, Vendor shall verify receipt of notice and shall meet with LO LO City to discuss the problem; and is then responsible for replacing rejected employees, and should do M so within 10 business days from the date of the meeting, unless otherwise agreed upon in writing. If a suitable replacement is not agreed upon, the City may terminate this Agreement upon 30 days' c advance written notice. U_ U) 20.3 Key Project Personnel. Vendor agrees to identify in writing the members of its project m team, including Vendor's project manager at the time this Agreement is signed. Vendor shall designate a project manager for this project who shall be a qualified and experienced project E management employee of Vendor, knowledgeable in the type of System to be installed at the City, L and who shall have the management of a successful implementation of the project as their primary a responsibility. There shall be a single Vendor project manager during the course of the engagement who will meet as mutually agreed during the course of the System implementation and who will be the single point of contact for the City with Vendor. i The City shall have the right to approve Key Project Leadership members of the a Vendor's project team, and to request removal and replacement with cause of any Key Project Leadership member for any lawful reason. The Vendor shall notify the City in writing if any member >, of the Vendor's project team is to be replaced by the Vendor. If there is a delay due to replacement E or if additional time or money is needed to train or transition the replacement member, the Vendor a) shall bear all of the costs associated with such replacement. a O The Vendor agrees that the following individual shall be the Vendor's project manager: LO 0 Jaynae Rheaume N Software Support Implementation Manager a 205.949.9907 jrheaume@blackcreekisc.com x Daniel Hardeman W Project Manager 205.949.9951 E dhardeman(a)blackcreekisc.com U r Q SYSTEM PURCHASE AGREEMENT Page 12 Packet Pg. 73 4.H.a The above-named Vendor project manager will administer this Agreement for the Vendor, will represent the Vendor in all matters pertaining to this Agreement, and shall have the i right to approve various change order requests, schedule changes, and other related project management decisions on behalf of the Vendor. E m m The City agrees that the following individual shall be the City's project manager: Q a� Annette Pape Project Manager 253.856.4603 apape@kentwa.gov a E m r Mark Barry Project Manager U) 253.856.4668 mbarry@kentwa.gov E M c ca The above-named City project manager, or in their absence a representative a designated by them, will represent the City in all matters pertaining to this Agreement, will administer M this Agreement for the City, and shall have the right to approve various change order requests, schedule changes, and other related project management decisions on behalf of the City. ,LO Ln 51 Substitutions by a party of any individual assigned to the project shall be subject to approval of the other party; such approval shall not be unreasonably withheld or delayed. c ii 21. Problem Notification. Vendor will promptly notify the City in writing of any events or U) circumstances that will affect Vendor's performance of its obligations under this Agreement, and/or m delivery or installation of any deliverable, or substantially delay completion of the project. Such notice to be given in writing within 10 business days of Vendor discovery of the event or circumstance and E of the potential impact thereof on the project schedule under this Agreement. For purposes of this L section, "substantial delay" shall mean a delay of more than 15 business days. a m Unless the City has actual knowledge of the project problem, if the Vendor fails to make such timely notification to the City of such a project problem, the Vendor may not utilize such project problem i as the basis for justifying a delay in the project schedule. a 22. Non-Discrimination. In the hiring of employees for the performance of this Agreement or 2 any subcontract, the Vendor, its subcontractors, or any person acting on behalf of the Vendor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence E 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 the City of a Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, O and upon completion of the contract work, file the Compliance Statement, all attached and LO incorporated as Exhibit I. o N 23. General Provisions a. 23.1 Governing Law and Venue. The Agreement will be governed by the laws of Washington and its choice of law rules. Vendor irrevocably consents to the exclusive personal jurisdiction and x venue of the federal and state courts located in King County, Washington, with respect to any dispute w arising out of or in connection with the Agreement and agrees not to commence or prosecute any CD action or proceeding arising out of or in connection with the Agreement other than in the E aforementioned courts. U r a SYSTEM PURCHASE AGREEMENT Page 13 Packet Pg. 74 4.H.a 23.2. Dispute Resolution. The City and Vendor desire, if possible, to resolve disputes, controversies and claims (Disputes) arising out of this Agreement without litigation. To that end, i upon written notification of dispute by a party to the other, each party shall appoint a knowledgeable, responsible management representative to meet and negotiate in good faith to resolve any Dispute E arising under this Agreement. If the parties are unable to settle any Dispute, the exclusive means of resolving that Dispute shall only be by filing suit as provided for under Section 16.1, unless the Q parties agree in writing to an alternative dispute resolution process. N M 23.3 Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provision will continue in full force without being impaired or invalidated in any way. The City and Vendor agree to replace any invalid provision with a valid a provision that most closely approximates the intent and economic effect of the invalid provision. m 23.4. Nonwaiver. Any failure by either party to enforce strict performance of any provision Cn of the Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of the Agreement. m M 23.5 No Assignment. Either party may assign this Agreement and all of its rights and ca obligations hereunder as part of a corporate reorganization, consolidation, merger, or sale of a substantially all of its assets so long as said assignee accepts all of the respective Agreements rights M and obligations of its predecessor as provided in this Agreement without limitation. Except as expressly stated in this Agreement, neither party may otherwise assign its rights or obligations under LO LO this Agreement either in whole or in part without the prior written consent of the other party, and M any attempted assignment or delegation without such consent will be void. c 23.6 Notices. All communications regarding this Agreement shall be sent to the parties at U- the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any U) written notice hereunder shall become effective five (5) business days after the date of mailing by CO registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E Either party may change its address by giving written notice of such change to the other party. A copy of any such notice shall be emailed to all project managers and parties named in Notices section a of signature page concurrent with date of mailing. 23.7 Legal Fees. In any claim or lawsuit for damages arising from the parties' performance i of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending a 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 either ; party's right to indemnification under Section 14 of this Agreement. 23.8. 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, a fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. LO Both parties represent to the other that at the time of signing this Agreement, they are able to 0 perform as required and their performance will not be prevented, hindered, or delayed by the current v COVID-19 pandemic, any existing state or national declarations of emergency, or any current social a distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. x If any future performance is prevented or delayed by a force majeure event, the party w whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse E from liability shall be effective only to the extent and duration of the force majeure event causing U the prevention or delay in performance and, provided, that the party prevented or delayed has not Q SYSTEM PURCHASE AGREEMENT Page 14 Packet Pg. 75 4.H.a caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. i Notwithstanding other provisions of this section, the Vendor shall not be entitled to, E and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due Q to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. U 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 a or the project site during the force majeure event. The cost to restart, change, or secure the work m or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure Cn 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 Vendor. E M 23.9 Independent Contractor. City and Vendor intend that an independent Contractor ca relationship be created with this Agreement. Vendor shall not be considered an agent or employee M of City for any purpose and the employees of Vendor are not entitled to any of the benefits that City M provides for its employees. Nor shall this Agreement be evidence of a joint venture between Vendor and City. LO LO M 23.10 Entire Agreement/Modification. This Agreement, together with all exhibits comprise the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, c discussions, or agreements, whether written or oral, between the parties regarding the subject matter U- contained herein. This Agreement may be amended, modified, or added to only by written U) instrument properly signed by both parties hereto. m r c 23.11 Public Records Act. The Vendor acknowledges that the City is a public agency subject E to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and L documents, notes, emails, and other records prepared or gathered by the Vendor in its performance a of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. i 23.12 City Business License Required. Prior to commencing performance under this a Agreement, Vendor agrees to provide proof of a current city of Kent business license pursuant to 2 Chapter 5.01 of the Kent City Code. U) 23.13 Counterparts and Signatures by Fax or Email. This Agreement may be executed in any m number of counterparts, each of which shall constitute an original, and all of which will together a constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the O signature page to the other by fax or email and that signature shall have the same force and effect LO as if the Agreement bearing the original signature was received in person. o N Remainder of page deliberately blank; Signature Page on the following page. a x w c m E z U r Q SYSTEM PURCHASE AGREEMENT Page 15 Packet Pg. 76 4.H.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 i effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. E E m m VENDOR: CITY: a BLACK CREEK INTEGRATED SYSTEMS CITY OF KENT CORP. U By: a By: Print Name: m r Print Name: >, Its Cn Its m DATE: E DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: c�a I.E. Newton, III, President Tara Duckworth PO Box 101747 (mailing) 2920 Commerce Blvd. (Courier) City of Kent n Irondale, AL 35210 220 Fourth Avenue South ,�"M•, 205.949.9900 (Tel) Kent, WA 98032 205.949.9910 (FAX) (253) 856-4638 (telephone) 9 inewton@blackcreekisc.com (253) 856- (facsimile) ITA(abkentwa.gov v WITH COPY TO: (email) m r Thom Lanphear PO Box 101747 (mailing) E 2920 Commerce Blvd. (Courier) L Irondale, AL 35210 a 205.949.9922 (Tel) N 205.949.9910 (FAX) salesCa)blackcreekisc.com 2 APPROVED AS TO FORM: a E a� N Kent Law Department >% Cn E ATTEST: a O Kent City Clerk LO 0 N V d t K W C N E t U R r Q SYSTEM PURCHASE AGREEMENT Page 16 Packet Pg. 77 EXHIBIT A PROJECT SCOPE OF WORK CREEK Black Creek Integrated Systems Corp. [,V P.O. Box 101747 Irondale, AL 35210 Phone: 205-949-9900 m L AGENCY: Kent (City of) Police Department BCIS QUOTE NO.: PC21045.08 Q ATTENTION: Annette Pape, Project Manager(IT Dept.) QUOTED BY: THL/dhk ADDRESS: 220 Fourth Avenue South DATE: April 25, 2023 Kent, WA 98032 PHONE: 253.856.4603 a- E EMAIL: apape@kentwa.govCn This Scope of Work details Black Creek ISC's response to a request for quote from the Kent Police Department for a new Jail Management System. Quote is based on information provided by the Agency. This proposal supersedes m all proposals previously issued by Black Creek for this project. E m 1.0 DELIVERABLES ca 1.01 Base Application Software (taxable) Price 1.01.01 SallyPorFWA Booking and Inmate Management Software: includes the $47,850.00 following modules: Booking with digital mug shot image capture and display LO capability, Demographics, Video Lineup, Arrest/Charge/Release, Inmate M Property, Classification, Medical, Inmate Fund, Inmate Contacts/Visitation, Threat Group, Billing and Shift Log. For installation on Customer's server. Includes 90 days of warranty telephone support from date of Go-Live. ii U) 1.01.02 15 ea. Full Access SallyPorrWA User License: for installation on $71,850.00 v networked workstations or supported mobile devices. m r c 1.01.03 Unlimited SallyPo&WA User Read-Only License: for installation on No charge networked workstations or supported mobile devices. Allows only viewing of inmate data and report generation. a, Q 1.01.04 In-Custody Inmate Data View: Provides in-custody inmate information $6,750.00 N between SallyPort°WA and other entities requesting data for in-custody inmates,such as for display on an agency's public facing website or other use. i 1.02 Application Software: Additional Modules & Plug-Ins (taxable) Price a E 1.02.01 Inmate Scheduling Module: Allows an Agency to schedule, track, and $17,960.00 y manage all inmate activities such as Programs, Hearings, Transports, etc. >% U) Information can be displayed in calendar format or as a printable report. E m 1.02.02 ePrescribe Module: Allows correctional facilities to electronically create and $9,640.00 a route prescriptions from SallyPo&WA directly to the pharmacy. Includes C immediate routing, the ability to prescribe controlled substances, a complete OO updated drug database, drug/allergy interaction checks, drug information c sheets, and pharmacy lookup with 65000+ U.S.-based pharmacies updated N nightly. The inmate's name, allergies, date of birth, address, gender, and v phone number are all prepopulated from SallyPo&WA to eliminate dual data a entry. Prescriptions can be started by medical staff and later approved by prescribers. Accommodates up to five (5) prescribers. x 1.02.03 Electronic Medical Administration Record (eMAR) Module: Allows an $22,920.00 w agency to electronically manage and record medications administered to inmates. E z 1.02.05 Active Directory Plug-In: Allows secure login using Active Directory $6,720.00 r passwords. Q Packet Pg. 78 4.H.a BCIS Proposal PC21045.08 April 25, 2023 Page 2 of 8 i 1.02.06 Watch Tour Manager® Application Plug-In for SallyPo&WA: Allows the $7,540.00 a� configuration and electronic tracking and recording of watch tours. Data is E collected using a Black Creek-approved mobile device (check with Black L Creek for a list of compatible devices) that incorporates a QC code scanner Q or NFC reader, an integral camera, a QWERTY keyboard, and Wi-Fi connectivity; watch tour data is collected by scanning NFC tags. Notes or ad hoc entries can be attached to watch tour entries using the integral keyboard. Images and full-motion video entries can also be attached using the integral camera. Watch Tour Manager® allows highly flexible configuration of watch a- tours by locations and schedules. Real-time indication of watch tour progress E and alarm conditions can be displayed when utilized in conjunction with a wireless LAN. Includes search and reporting utilities. Watch tour data can be cn downloaded to the storage server via one of the following methods: (1) In real time when utilizing a wireless LAN installed throughout the facility, or (2) on a batch basis when in range of a Wireless Access Point(s) installed in a central location in the facility. c ca 1.02.07 8 ea. Watch Tour Manager®/Electronic Shift Log Mobile Client Access $17,840.00 License: Provides connection to the Watch Tour Manager® application for data collection devices. Mobile devices may not share licenses; each mobile device in use must have its own individual license in order to be registered in uO the system.A list of compatible mobile devices will be provided upon request. M 1.02.08 Mobile Device Server Plug-In License: Required for communication $3,090.00 between SallyPo&WA, Watch Tour Manager®, Shift Log, and mobile devices or other network systems; supports 1-10 concurrent mobile device connections. Software is installed on customer-provided server. U) U CO 1.03 Application Software: Standard Interfaces (taxable) Price a� 1.03.01 V.I.N.E. Interface Software: Provides automated data communications $4,080.00 aEi between SallyPo&WA and Appriss V.I.N.E. victim notification system. L a� 1.03.02 Livescan Interface: Provides two-way (bidirectional), automated data $17,400.00 Q m exchange between SallyPo&WA and the existing Livescan application. N Compatible with Dataworks, Idemia, Biometrix4All, Morphotrust, and more. L 1.03.03 Securus Telephone System Interface: Passes inmate personal $4,580.00 a- identification number to Securus Telephone System on inmate booking; E passes deactivation information on inmate release. y 1.04 Application Software: Custom Interfaces & Reports (nontaxable) Price U) E 1.04.01 Jail Booking Records System (JBRS) Interface: Washington-state-specific No Charge a) data system; interface will be provided at no additional cost to Kent PD as art a Y p p � of the SallyPotVWA state-specific application. Interface specification O LO document required. 0 1.04.02 RMS Interface(two-way): Provides a bidirectional automated data exchange $19,530.00 v between the Axon Records Management System and SallyPotvWA; a SallyPo&WA will interface with the RMS Application, thus allowing JMS users the option to create new inmate booking records populated with the RMS arrest data without duplicate manual data entry. Additionally, SallyPo&WA will provide mutually agreed upon inmate data to the Records w Management System to eliminate dual entry. Estimated 130 hours. m 1.04.03 City of Kent Address Validation Custom Interface: Used to verify $18,000.00 E addresses using the City of Kent Address Endpoint or Google Maps API as U provided by the City of Kent, WA. Estimated 120 hours. Q Packet Pg. 79 4.H.a BCIS Proposal PC21045.08 April 25, 2023 Page 3 of 8 i 1.04.04 TridentCare Mobile X-Ray Custom Interface: Provides ability to send orders $18,000.00 and retrieve existing order status,with associated orders,via SFTP. Estimated E 120 hours. The following assumptions apply: L 1.04.04.01 Proposal assumes orders will track to the Criminal history Number as the primary identifier. 1.04.04.02 Proposal assumes the interface will be written against the M SoapUl/RESTful API. 2 L 1.04.05 LabCorp LabRequest Custom Interface: Provides ability to send orders and $12,000.00 a- retrieve existing order status, with associated orders, via SFTP. Estimated 80 hours. The following assumptions apply: Cn N 1.04.05.01 Proposal assumes this work will occur concurrent with or subsequent to implementation of TridentCare interface, which will have the framework for the SallyPor&WA invocation components E included in the code. a� M 1.04.05.02 Proposal assumes the interface will be limited to the functionality described herein, which will be interfaced into the inmate Medical Events module of SallyPort°WA with a Windows® service managing the flow of data into and out of the application. 1.04.05.03 Proposal assumes any additional work to accommodate billing or � to barcodes will require reassessment and could result in additional cost to the Customer. 1.04.06 Custom Programming for Reports: Includes up to eighty (80) hours/day of $12,000.00 U_ programming services by a qualified representative conducted during normal t) business hours, Monday-Friday, 9:00 a.m. to 5:00 p.m. Central Time. v m r 1.05 Hardware (taxable) $473.00 E 1.05.01 8 ea. Location NFC Tag Assembly: ruggedized, encapsulated Bluetooth low-energy beacon; L utilizes a secure algorithm to prevent duplication. One per tour requirement. a 1.05.02 65 ea.Watch Tour NFC Tag Assembly: ruggedized, encapsulated Bluetooth low-energy beacon; N utilizes a secure algorithm to prevent duplication. L 1.05.03 Freight Charges: ground transportation, best way. ' a 1.06 Ancillary Services (nontaxable) $200,043.00 N 1.06.01 3 ea. Discovery Days: Onsite meeting days to coordinate with agency staff to review procedures and requirements of the project; includes eight (8) hours/day of discovery services by a qualified E representative conducted during normal business hours, Monday-Friday, 9:00 a.m. to 5:00 p.m. a 1.06.02 3 ea. Installation/Commissioning Days: Remote services of certified electronic technician for assistance in system installation and/or setup; includes eight (8) hours/day of installation services 0 conducted during normal business hours, Monday-Friday, 9:00 a.m. to 5:00 p.m. Central Time. c 1.06.03 3 ea. Training Days: Onsite training in use of system utilizing a Train-the-Trainer format; includes v eight(8) hours/day of training conducted during normal business hours, Monday-Friday, 9:00 a.m. a to 5:00 p.m. Z 1.06.04 3 ea. Go-Live Support Days: Onsite Go-Live support; includes eight (8) hours/day of onsite t technical support by a qualified representative conducted during normal business hours, Monday- w Friday, 9:00 a.m. to 5:00 p.m. m 1.06.05 Data Conversion E z 1.06.05.01 Enhanced Data Conversion in accordance with Attachment A, plus conversion of r select Amazing Charts medical records data into PDF format. Q Packet Pg. 80 4.H.a BCIS Proposal PC21045.08 April 25, 2023 Page 4 of 8 i 1.06.05.02 Data that cannot be mapped to equivalent fields in SallyPo&WA will be entered in a Comments field on the Inmate's record. E m 1.06.05.03 All data conversion resumes existing data can be provided in an industry-standard p 9 p Y � format. Q a� 1.06.05.04 Conversion of data fields beyond those listed in the Enhanced Data Conversion M column presented in Attachment A can be performed at additional cost; fields for i conversion can be finalized during contract negotiation. a 1.06.05.05 Black Creek will provide a tool to validate and correct existing data for conversion. The Customer will be responsible for assuring data is correctly mapped to appropriate fields prior to final data conversion at Go Live. cn c 1.06.06 Travel Costs for onsite services: includes airfare, travel days, hotel, rental car, and meals. E 1.06.07 Project Management performed by Black Creek's designated Project Manager. 0 c 2.0 CUSTOMER AND BLACK CREEK ROLES AND RESPONSIBILITIES 2.01 Owner Responsibilities 2.01.01 Furnish, install, and maintain the facility network; a minimum gigabit network is recommended, and LO the network must have consistent, reliable bandwidth. M 2.01.02 Furnish, install, and maintain SallyPo&WA server hardware, operating system, and MS SQL @ Server software/licenses for Production, Test, and Backup databases; databases can be 9 maintained on separate physical servers or on a single, appropriately sized, virtualized physical U) server. Hardware requirements are presented in Attachment B. v m 2.01.03 Furnish, install, and maintain networked client workstations, including operating system, capable of accessing the Agency's Intranet. Hardware requirements are presented in Attachment B. a) E (D 2.01.04 Maintain updates to the servers and workstations, such as virus protection and/or Windows° OS L updates. °f Q m 2.01.05 Provide compatible mobile tablet devices and associated kiosk application licenses or approved alternative kiosk software. Hardware requirements are presented in Attachment B. L 2.01.06 Furnish, install, and maintain compatible wireless access points. a- E 2.01.07 Furnish, install, and maintain the mobile device gateway server hardware and operating system. +; N 2.01.08 Provide supplier access to existing JMS data or provide a backup file of existing JMS data for data U) conversion purposes. E L 2.01.09 Perform system backups. (SallyPo&WA has a daily schedule task that creates a backup file; however,the Customerwill need to ensure this file, along with the entire Install Directory, is backed p up on a regular basis.) LO 0 2.01.10 Provide SallyPo&WA server with network access to third party vendors such as Idemia, Securus, N etc., to facilitate required interfaces. v a 2.01.11 Provide remote access to Provider to SallyPo&WA server for support purposes. 2.01.12 Provide interface specification documents for any nonstandard interface(s) required. x w 2.02 Black Creek Responsibilities c m 2.02.01 Provide all Deliverables. E z 2.02.02 Install application software and interfaces. r 2.02.03 Provide software maintenance and support during initial 90-day warranty period and during an Q active annual support plan period thereafter. Packet Pg. 81 4.H.a BCIS Proposal PC21045.08 April 25, 2023 Page 5 of 8 i 3.0 ACCEPTANCE CRITERIA 3.01 The Customer shall provide written notification of system acceptance to Black Creek upon completion of 30-day system acceptance testing period beginning on the software Go-Live Date. a 4.0 CLARIFICATIONS AND EXCLUSIONS N M 4.01 Clarifications U L 4.01.01 Prices quoted F.O.B. Factory, freight prepaid & included. a- E 4.01.02 Pricing includes sales tax on applicable software and hardware as per the Washington State �? Department of Revenue Forms & Publications website. >, Cn 4.01.02.01 State Sales & Use tax calculated at 6.5%. m 4.01.02.02 Local Sales & Use tax calculated at 3.6%. m M 4.01.03 Pricing valid through June 30, 2023. ca 4.01.04 Pricing does not include charges from other vendors (e.g., Securus, etc.) that may be incurred to — implement quoted interfaces. 4.01.05 For those interfaces listed for which interface specification documents have not been provided, if � upon subsequent receipt of the interface specification documents or if determined during Discovery that there are additional functionality requirements not addressed,the quoted interface may require revision at additional expense to the Customer. ii 4.02 Exclusions t) U 4.02.01 Liquidated Damages. m r c 4.02.02 Retainage. E a� 4.02.03 Performance and payment bonds (may be provided at 1.5% of contract amount). a� 4.02.04 Any equipment or service not previously described in this scope of work. 5.0 PRICING SUMMARY L 5.01 Taxable Application Software, Modules, & Interfaces a- 5.01.01 Base Application Software $126,450.00 aEi 5.01.02 Additional Modules & Plug-Ins $85,710.00 5.01.03 Standard Interfaces $26,060.00 E m 5.02 Non-Taxable Custom Interfaces $79,530.00 a 5.03 Hardware $473.00 O LO 5.04 Non-Taxable Ancillary Services $200,034.00 0 5.05 SUBTOTAL $518,517.00 v a 5.06 Sales & Use Tax (10.1%) applied to taxable items $24,108.00 5.07 TOTAL with Sales & Use Tax $542,365.00 6.0 ANNUAL SUPPORT w 6.01 Provide Software Support in accordance with Black Creek's SallyPori° Annual Support Plan or as CD specifically contracted. E U 6.02 Annual Support Plan pricing is for 12-month period. Actual cost will be prorated from support plan inception date to 12/31. Q Packet Pg. 82 4.H.a BCIS Proposal PC21045.08 April 25, 2023 Page 6 of 8 i 6.03 Annual Support Pricing, Year 1 Post-Warranty a� 6.03.01 Non-prorated Price $82,234.00 m 6.03.01 Sales & Use Tax on Annual Support Plan at 10.1% $8,306.00 Q 6.03.03 TOTAL: $90,540.00 N M 6.04 Subsequent years of annual support shall be quoted at the rate in effect for that period. Quotes shall be provided at least 90 calendar days prior to the plan effective period. a- 7.0 TERMS OF PAYMENT E m r 7.01 Per mutually agreed upon Schedule of Values. U) 8.0 DELIVERY m 8.01 Per mutually agreed upon Project Schedule Very truly yours, BLACK CREEK INTEGR)ATIO SYSTEMS CORP. LO ryyt�/J� Thom Lanphear to Ul General Sales Manager tlanphear(a-)blackcreekisc.com c ii U) U 00 r c a� E a� a� L Q V L E N U) E d L O LO r N V d t K W C N E t R r Q Packet Pg. 83 4.H.a BCIS Proposal PC21045.08 April 25, 2023 Page 7 of 8 i ATTACHMENT A: DATA CONVERSION Sall Po rtc L JAIL MANAGEMENT SYSTEMS Q Conversion Plans Far Existing Customer Data Bash Standard Enhanced Comprehensive 2 Criminal H istcry Number or PIN Number a - a # a- Booking Number s a 0 E m Booking Date a • 0 N Booking Time a • # Arresting Agency 0 a 4 Last Name 4 • 40 am First Name 4 • i `° c Middle Name a • 0 f° Suffix • a 0 M Date of Birth 41' • 0 SSN • LO LO Ln State I D: # a # FBI f # a 0 City of Birth a. U- State of Birth i U U Address Information • m r Sex ■ • Eye Color Hair Color Race ■ m Ethnic Origin ! • Mugshots a� • Scars, Marks, and Tattoos flmages) a Charges 2 HoldsiWarrants (n U) Cautionaries # E Classification !. # 0 a IncidentlDisciplinary Reports e 0 o Assessments ! ,n Keep Separates • 0 Release Date • 0 U U Release Time • 4 a Release Reason • iD Will include all of the data fields listed,as well as any other data that ca n be matched W to existing fields within SallyPort*.Data that cannot be matched wil I be pr wided in a CID motua Ity agreed upon format with the agency. E t U 2 Black Creek will provide a tool to validate and correct existing data for conversion. The Customer will be Q responsible for assuring data is correctly mapped to appropriate fields prior to final data conversion at Go Live. Packet Pg. 84 4.H.a BCIS Proposal PC21045.08 April 25, 2023 Page 8 of 8 i ATTACHMENT B: RECOMMENDED HARDWARE SPECIFICATIONS E m SERVERS Application Server Mobile Device Gateway Appliance Operating System Windows®Server 2019 Standard Windows®Server 2019 Standard Q Database MS-SQL Server 2019 Standard MS-SQL Server 2019 Standard M Web Server IIS 7.5 or Higher IIS 7.5 or Higher 2 Processor 6 cores, 2.2GHz or higher 6 cores, 2.2GHz or higher a- Memory 64GB DDR4 64GB DDR4 r Storage 1 TB NVMe SSD 1 TB NVMe SSD Display 1920x1080 1920x1080 m Network Interface 1 Gb or Higher 1 Gb or Higher E m Internet Ports SSL Port 443 SSL Port 443 M c Web Browser Google Chrome recommended or Google Chrome recommended or other other currently supported browser* currently supported browser* DESKTOP CLIENT(Quantity to be determined by City based on user needs.) LO Operating System Windows® 10 Professional or higher M Web Browser Google Chrome recommended or other currently supported browser Processor 4 Cores 2.8GHz or Higher it RAM DDR4 16GBs U) U Storage 128GB SSD m r c Display 1920x1080 Network Interface 1 Gb or Higher L Q MOBILE/TABLET CLIENT (Quantity to be determined by City based on user needs. N Operating System 0 For operation of Watch Tour Manager& Android 11.0 or higher • For operation of SallyPort°WA: Android 11.0 or higher, or any supported Apple iOS version that operates a supported browser a- Web Browser Google Chrome recommended or other currently supported browser a�Ei N WiFi 802.11 n or better Screen Size 10" recommended E m Display 1920x1080 a O *The web app is accessible using any currently supported web browser: 'n • Chrome (54.0.2841.87 or higher) • Edge (38.14393 or higher) U • Safari (10.0.1 or higher) a • Opera (41 or higher) .r • Firefox (49.0.2 or higher) An SSL certificate secures traffic between the user's browser and the JMS server. w c m E z r Q Packet Pg. 85 4.H.a EXHIBIT B MAINTENANCE AND SUPPORT SERVICES i as Black Creek's Sa//yPort°WA Unlimited Support Plan begins at the end of the 90-day warranty period. The Sa//yPor&WA Unlimited Support Plan is an enhanced plan with no limits on the amount of telephone contact time or Internet support from Black Creek technical support personnel Q W during normal businessl hours as defined below. It was designed for agencies who depend on a 0 quick response time when faced with questions concerning their software and its operation and U who wish to budget a single annual amount for that support. a E m r In consideration for these support services, the City shall pay on a once-per-year basis, in advance, ;, the annual support fee set forth herein (the "Annual Support Fee") of $90,540.00 for the first year Cn post warranty, prorated to a calendar year. Thereafter, the Annual Support Fee shall be quoted at the rate in effect for that period and as offered to other customers, with a yearly increase not to E exceed the percent change in CPI-U for the most recent 12-month period as determined by the U.S. Department of Labor Statistics. This comprehensive plan includes the following features: M LO • Unlimited hours of telephone assistance from persons skilled in the use and support of LLO n Sa//yPort°WA during normal businessl hours. • One (1) hour response time to incidents: Black Creek will make every attempt to contact c you within one (1) hour of receipt of an incident during normal business hours (defined U_ below). U) U • Software updates: Black Creek will provide updates to the software as they are issued 00 r during the life of the Plan. • E-mail notification of software notices and updates. W Remote software support: a, • A Black Creek Technical Support Representative will receive escorted access via PP P � the City's secure access solution. • Membership in Black Creek's Software Users' Group. 2 a lBusiness hours are defined as 7:30 a.m. - 7:30 p.m. Central Time, Monday through Friday, unless otherwise negotiated. Black Creek may charge support fees per the attached fee schedule for any support services performed outside of business hours. This fee schedule is subject to change upon E renewal of this support plan. Plan pricing assumes services will be requested and provided during Black Creek's normal business a hours, Monday through Friday, between 7:30 a.m. - 7:30 p.m. Central Time; calls received outside 0 LO these hours are billable at the Extended Services rates in effect at the time of service. For calls where service is performed outside normal business hours and during weekends and holidays, N service provided is billed at the Extended Service rates in effect at that time. Plan terms are a effective for the period January 1st to December 31st, unless otherwise negotiated. In order to accurately and precisely identify and triage service requests, Black Creek will provide w the City's IT's Customer Service Office (CSO) with access to Black Creek's Customer Support Portal for submission and monitoring of all support issues. Once the problem is identified, Black Creek E will troubleshoot and make software corrections via an escorted remote connection to the system. z Black Creek's ability to troubleshoot and make software corrections via an escorted remote U connection also greatly reduces the amount of time spent correcting any problems. a Packet Pg. 86 4.H.a The City will be provided with a dedicated Customer Success Manager/Account Representative i There are Tier 1, Tier 2, and Tier 3 support staff for SallyPoreWA. E m m • Tier 1 staff take incoming calls and triage the calls to the appropriate Tier 2 staff for Q resolution. a� M • Tier 2 are trained staff who can address most problems using the tools available to them U and the Agency- provided escorted remote access connection to the Agency's a SallyPort°WA application. E m r • Tier 3 staff are Software Engineers or Programmers who may have to initiate a bug patch Cn or hot fix if the issue reported proves to be more than can be addressed via phone or escorted remote access. E M c On average, support calls are answered immediately by a live person and there is no call wait time. Support calls are triaged b Tier 1 staff to appropriate Tier 2 personnel. The company is sufficiently PP 9 YP P Y Y staffed to respond to all Critical severity calls immediately; however, the average support call is a Medium or Low Severity level, and on average, those are handled within 10-15 minutes. LO LO Ln M SallyPort°WA includes an embedded help feature, but with the Unlimited Support Plan, agencies @ can be confident that when they require additional assistance, they can rely on Black Creek Support Staff to resolve any issue that arises, anytime of the day or night at no additional cost for support v) initiated outside of business hours. m r c If the City is not satisfied with response or resolution times, the City may escalate the issue by E contacting the Support Manager or their appointed designee. L a� Q Name: Jaynae Rheaume N Phone: 205.949.9907 Office Email: jrheaume@blackcreekisc.com a If a reported problem is still not progressing satisfactorily, City shall escalate the problem by aEi notifying the Customer Success Manager/Account Representative or their designee. w U) Name: Thom Lanphear E Phone: 205.949.9922 Office 518.965.6007 Cell Email: tlanphear@blackcreekisc.com 0 LO A joint meeting between the Vendor representative and the City Project Manager will ensue. This N meeting will be used to discuss and resolve problems that have resulted in the objectives of the a Scope of Work not being met. A comprehensive report that documents the results and resolution of IL these problems shall be published and distributed to Vendor and City Project Manager. x w c m E z U r Q Packet Pg. 87 4.H.a Rate Sheet and Holidays Standard Rate Level 1 Accounts Level 2 Level 3-5 Accounts Accounts I a� Telephone Support Hourly Rates (During Normal Business Hours') Technical Support Specialist $217.00 $185.00 $185.00 $185.00 L Software Developer $253.00 $215.00 $215.00 $215.00 Q Engineer $253.00 $215.00 $215.00 $215.00 N Electronics Technician $194.00 $165.00 $165.00 $165.00 t Documents Maintenance Surcharge $300.00/call Waived Waived Waived U d Parts Sales E m r Parts Discount -0- 15% 15% 15% 04 Minimum Parts Order $100.00 -0- -0- -0- Cn Handling Charge $50.00/Shipment $50.00/Shipment $50.00/Shipment $50.00/Shipment m Shipping Charge At Cost At Cost At Cost At Cost M On-Site Service Support Hourly Labor Rates(During Normal Business Hours') (Rates are portal to portal.) Software Developer $333.00 $284.00 $284.00 $284.00 M n Engineer $333.00 $284.00 $284.00 $284.00 LO Electronics Technician $239.00 $203.00 $203.00 $203.00 M On-Site Service Support Travel Rates Technician Travel (Round Trip) $97.00/Hr. $83.00/Hr. $83.00/Hr. $83.00/Hr. S Service Truck(Round Trip) $2.25/mi. $2.00/mi. $2.00/mi. $2.00/mi. y) Air Fare At Cost At Cost At Cost At Cost V m Car Rental At Cost At Cost At Cost At Cost Hotel At Cost At Cost At Cost At Cost E E Per Diem $60.00/Day $50.00/Day $50.00/Day $50.00/Day L a� Q Upcharge Options 1.5 Times 1.5 Times 1.5 Times 1.5 Times cNa Out of Coverage Hoursz Standard Rate Contract Rate Contract Rate Contract Rate Sundays/Holidays3 2 Times 2 Times 2 Times 2 Times d Standard Rate Contract Rate Contract Rate Contract Rate E ' See Exhibit B N 2 Out of Coverage hours are defined as any hours outside of normal business hours and/or any hours in excess of eight(8) U) hours onsite per day. a 3 Sundays and Holidays are defined as Sunday and New Year's Day, Memorial Day, Independence Day, Labor Day, O Veterans Day,Thanksgiving Day, and Christmas Day. LO 0 N V d t K W C N E t U R r Q Packet Pg. 88 4.H.a EXHIBIT C PROJECT SCHEDULE i as E The following Gantt chart includes project and billing milestones. All Start and End Dates are L estimated and may shift throughout the project lifecycle; this schedule is provided as a baseline and Q for determination of billing milestones only. M Revisions to the project schedule will be mutually agreed to between the City and Vendor, and will 2 not require a contract amendment unless mutually determined to be necessary. a E m r Cn c m E m M c ca M LO LO Ln M R C U- U) U 00 r c a� E a) a) L Q V L E 4) N U) E d L O LO r N V d t K W C N E M U R r Q Packet Pg. 89 EM EXHIBIT C:PROJECT SCHEDULE ID Task Task Name Duration Start Finish Responsibility Non-Taxable Tax Included Subtotal Contract Value Made 1 Av Kent,WA SallyPort Jail&Inmate Management System 2 Project Kickoff Activities 51 days Tue 5/16/23 Thu 7/27/23 3 Finalize Purchase Order/Contract 33 days Tue 5/16/23 Fri 6/30/23 CUST +' 4 Project Kick Off Meeting 1 day Wed 7/19/23 Wed 7/19/23 BCIS/CUST 5 Issue Project Schedule and Schedule of Values _ 1 day Wed 7/19/23 Wed 7/19/23 BCIS 6 Review of Project Schedule and Schedule of Values 6 days Thu 7/20/23 Thu 7/27/23 CUST 7 Approve Project Schedule and Schedule of Values 1 day Thu 7/27/23 Thu 7/27/23 CUST 8 Project Kickoff Activities Complete 0 days Thu 7/27/23 Thu 7/27/23 $21,300.00 $23,359.00 $44,659.00 8.2% 9 Establishment of Application Server&Remote Access 34 days Wed 7/19/23 Tue 9/5/23 10 Review of Application Server Hardware&Remote Access Requirements 1 day Wed 7/19/23 Wed 7/19/23 BCIS/CUST Q N 11 Installation and Turnup of Application Server&Remote Access 30 days Thu 7/20/23 Wed 8/30/23 CUST 12 W4 Remote Testing&Verification of Application Server&Remote Access 3 days Thu 8/31/23 Tue 9/5/23 BCIS _ L 13 Establishment of Application Server&Remote Access Complete 0 days Tue 9/5/23 Tue 9/5/23 7 a 14 Base Application Software Installation 6 days Wed 9/6/23 Wed 9/13/23 15 Installation of Base Application Software 3 days _ Wed 9/6/23 Fri 9/8/23 BCIS a)16 Base Application Software Configuration 2 days Mon 9/11/23 Tue 9/12/23 BCIS }r 17 Base Application Software Familiarization 1 day Wed 9/13/23 Wed 9/13/23 BCIS/CUST fA 18 Base Application Software Installation Complete 0 days Wed 9/13/23 Wed 9/13/23 $38,098.00 $233,183.00 $272,091.00 19 Application Familiarization&Configuration by Agency 100 days Thu 9/14/23 Tue 2/6/24 20 Hardware(NFC Tags)Procurement&Installation 52 days Thu 8/31/23 Mon 11/13/23 21 Transmit Hardware Submittal 1 day Thu 8/31/23 Thu 8/31/23 BCIS 22 Hardware Submittal Review 5 days Fri 9/1/23 Fri 9/8/23 CUST 23 Hardware Submittal Approval 1 day Mon 9/11/23 Mon 9/11/23 CUST d 24 Hardware Procurement(NFC Tags) 30 days Tue 9/12/23 Mon 10/23/23 BCIS 25 Hardware Shipment 1 day Tue 10/24/23 Tue 10/24/23 BCIS 26 Hardware Installation 10 days Wed 10/25/23 Tue 11/7/23 CUST 27 W4 Hardware Testing 4days Wed 11/8/23 Mon 11/13/23 CUST_ (O 28 W. Hardware Procurement&Installation Complete 0 days Mon 11/13/23 Mon 11/13/23 29 >♦ Legacy Data Conversion Scheme Development 69 days Wed 7/19/23 Tue 10/24/23 30 Request Initial Legacy Data and Schema 1 day Wed 7/19/23 Wed 7/19/23 31 Transmit Initial Legacy Data and Schema 10 days Thu 7/20/23 Wed 8/2/23 CUST 32 Review of Legacy Data and Schema 10 days Thu 8/3/23 Wed 8/16/23 BCIS , 33 Finalization of Legacy Data Conversion Requirements With Customer 4 days Thu 8/17/23 Tue 8/22/23IBCIS/CUST L0 Lfl 34 Initial Legacy Data Conversion 20 days Wed 8/23/23 Wed 9/20/23 BCIS Ln 35 Install 1st Iteration of Converted Legacy Data 1 day Thu 9/21/23 Thu 9/21/23 BCIS v 36 Initial Review of Converted Legacy Data 10 days Fri 9/22/23 Thu 10/5/23 CUST 37 Transmit Comments on Initial Legacy Data Conversion 1 day Fri 10/6/23 Fri 10/6/23 CUST 38 Legacy Data Conversion Rework(If Required) 5 days Mon 10/9/23 Fri 10/13/23 BCIS 39 Install Final Iteration of Converted Legacy Data 1 dayl Mon 10/16/23 Mon 10/16/23 BCIS 40 Final Review of Converted Legacy Data 5 days Tue 10/17/23 Mon 10/23/23 CUST U. 41 Approve Final Legacy Data Conversion Scheme 1 day Tue 10/24/23 Tue 10/24/23 CUST W 42 Legacy Data Conversion Scheme Development Complete 0 days Tue 10/24/23 Tue 10/24/23 V 43 Discovery&Software Customization Requirements 10 days Mon 10/23/23 Fri 11/3/23 m 44 Discovery(3 Days On-Site+Travel) 5 days Mon 10/23/23 Fri 10/27/23 45 Review of Software Customization Requirements 10 days Mon 10/23/23 Fri 11/3/23 BCIS/CUST $106,831.00 $521.00 $107,352.00 19.8% +' 46 7r Software Customization Development 63 days Tue 11/7/23 Wed 2/7/24 47 Software Customization Development 40 days Tue 11/7/23 Fri 1/5/24 BCIS C 48 Initial Install of Software Customization 1 day Mon 1/8/24 Mon 1/8/24 BCIS d 49 Initial Software Customization Review&Testing 7 days Tue 1/9/24 Wed 1/17/24 CUST 50 W4 Transmit Comments on Initial Customization Review&Testing 1 day Thu 1/18/24 Thu 1/18/24 CUST L 51 Software Customization Rework(If Required) 7 days Fri 1/19/24 Mon 1/29/24 BCIS Q 52 Install 2nd Iteration of Software Customization 1 day Tue 1/30/24 Tue 1/30/24 BCIS 53 2nd Software Customizations Review&Testing 5 days Wed 1/31/24 Tue 2/6/24 CUST fA 54 Final Approval of Software Customizations 1day Wed 2/7/24 Wed 2/7/24 CUST 55 Software Customization Development Complete 0 days Wed 2/7/24 Wed 2/7/24 56 >r 3rd Party Interface Development 113 days Wed 7/19/23 Thu 12/28/23 L 57 W. Request Interface Requirements/Design Documents 1 day Wed 7/19/23 Wed 7/19/23 3 58 Transmit Interface Requirements/Design Documents 30 days Fri 7/28/23 Thu 8/10/23 CUST d 59 Interface Development 40 days Mon 10/30/23 Wed 12/27/23 BCIS C 60 Install Initial Interface(s) 1 day Thu 12/28/23 Thu 12/28/23 BCIS E 61 3rd Party Interface Development Complete 0 days Thu 12/28/23 Thu 12/28/23 62 }r Verification,Training,&Go-Live 42 days Thu 2/8/24 Fri 4/5/24 fA 63 Load Customized Application Software,3rd Party Interfaces,&Initial Converted 1 day Thu 2/8/24 Thu 2/8/24 BCIS $80,265.00 $5,738.00 $86,003.00 15.9% N Legacy Data 64 Remote Testing&Verification of Application Software,3rd Party Interfaces,& 5 days Fri 2/9/24 Thu 2/15/24 BCIS E Initial Converted Legacy Data 65 Final Vendor Sign-Off of Application Software,3rd Party Interfaces,&Initial 1 day Thu 2/15/24 Thu 2/15/24 BCIS L Converted Legacy Data d 66 Coordinate Go-Live Date with 3rd Party Vendors 14 days Tue 2/13/24 Fri 3/1/24 BCIS/CUST IL 67 User Training(3 Days On-Site+Travel) 5 days Mon 2/26/24 Fri 3/1/24 BCIS/CUST Q 68 Familiarization,Testing,&Verification of Application Software,3rd Party 20 days Mon 3/4/24 Fri 3/29/24 CUST Interfaces&Initial Converted Legacy Data 0 69 Final Customer Sign-Off of Application Software,3rd Party Interfaces,&Initial 1 day Fri 3/29/24 Fri 3/29/24 CUST r Converted Legacy Data N 70 Transmit Final Legacy Data For Conversion 1 day Mon 4/1/24 Mon 4/1/24 CUST (� 71 Final Legacy Data Conversion 1 day Mon 4/1/24 Mon 4/1/24 BCIS d 72 Load Final Converted Legacy Data 1 day Tue 4/2/24 Tue 4/2/24 BCIS r 73 Project Go-Live 5 days Mon 4/1/24 Fri 4/5/24 BCIS/CUST r 74 Project Completion 0 days Fri 4/5/24 Fri 4/5/24 $32,260.00 $32,260.00 5.9% 75 11" Warranty Period 65 days Fri 4/5/24 Thu 7/4/24 76 Warranty Period(90 Calendar Days) 65 days Fri 4/5/24 Thu 7/4/24 BCIS t 77 Conduct Parallel Booking In New and Legacy Systems(30 Calendar Days) 22 days Fri 4/5/24 Mon 5/6/24 CUST W 78 Abandon Legacy System 1 day Mon 5/6/24 Mon 5/6/24 CUST 79 Annual Support Plan Start 0 days Thu 7/4/24 Thu 7/4/24 BCIS 80 (TOTALS $279,564.00 $262,801.00 $542,365.00 d 81 Annual Support Plan,Year 1(Prorated from$90,540.00) $44,898.00 $44,898.00 t V y.r Q Page 1 Packet Pg. 90 EXHIBIT D SUBSTANTIAL COMPLETION OF MILESTONES FORM ArBLACK CREEK INTEGRATED SYSTEMS CORP. i STATEMENT OF MILESTONE SUBSTANTIAL COMPLETION PROJECT NO.: E a� a� L PROJECT: TBD a as OWNER: TBD M U L CONTRACT DATE: TBD a MAJOR MILESTONE: TBD aEi r COMPLETION DATE: TBD cn c TO OWNER: as To the best of our knowledge and belief, the Work to be performed as of this Major Milestone under this M Contract is considered complete. MAJOR MILESTONES — M n ❑ Project Kickoff Activities Complete: Kick-off Meeting held, Project Schedule and Schedule of Values LO issued and approved. � M ❑ Base Application Software Installation Complete: Base software application has been installed on Owner's server and remote access has been established; initial configuration (Owner assisted) and remote familiarization via remote instruction completed. ii rn ❑ Discovery & Software Customization Requirements: Three (3) days of Discovery (conducted onsite m during one work week) and review of Owner customization requirements completed. c a� ❑ Verification: Customized Application software loaded, 3rd Party Interfaces completed, and Initial E conversion completed and verified. L ❑ Project Completion: Three (3) days of user and system administrator training (conducted onsite in a "train a the Trainer" format during one work week) completed, final legacy data conversion installed, and system N Go-Live. The date of Project Completion is hereby established as TBD, which is also the date of commencement of applicable warranties required by the Contract Documents. 2 a- By signing this document, the Contractor indicates the Work is substantially complete in accordance with the E Contract Documents so the Owner can utilize the Work for its intended use. By countersigning this document, °' the Owner hereby accepts that the Milestone is substantially complete. A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does E not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. a CONTRACTOR OWNER O Black Creek Integrated Systems Corp. LO 0 N V Authorized Signature Authorized Signature a Typed or Printed Name Typed or Printed Name x CD c Title Title E E z U r Date Date a Page 1 of 2 CJAG_Substantial_Completion Packet Pg. 91 4.H.a BLACK CREEK INTEGRATED SYSTEMS CORP. i STATEMENT OF MILESTONE SUBSTANTIAL COMPLETION oil PROJECT NO.: E a� a� L a The following items require correction or completion, in order to achieve final project completion: L 1. a E as r No other issues are remaining. Cn c a� E as M c �a M LO LO Ln M R C U- U) U m r c a� E (D a� L Q V L E N U) E d L O LO r N V d t K W C N E t U R r Q Page 2 of 2 CJAG_Substantial_Completion Packet Pg. 92 4.H.a Exhibit E i SAMPLE CHANGE ORDER E a� a� L CHANGE ORDER NO. [Enter # 1, 2, 3, etc.] a NAME OF CONTRACTOR: (Insert Company Namel ("Contractor") a E CONTRACT NAME & PROJECT NUMBER: jInsert Name of Original Contract & Project #, if N Cn applicable] (D E a� a� ORIGINAL CONTRACT DATE:[Insert Date Original Contract was Signed] CU This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For LO valuable consideration and by mutual consent of the parties, the project contract is M modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified ;E to add additional work or revise existing work as follows: U) U m In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, E materials, and equipment necessary to: L a� Q [Insert detailed description of additional materials, services, etc., N that are needed which necessitate this change order - Be as detailed as possible. You may also refer to an attached exhibit, L but clearly identify the exhibit by title and date] a E 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: U) E a� L Original Contract Sum, $ a (including applicable alternates and o WSST) LO 0 Net Change by Previous Change Orders $ N (incl. applicable WSST) a Current Contract Amount $ w (incl. Previous Change Orders) x w Current Change Order $ r- aD Applicable WSST Tax on this Change $ E Order r Revised Contract Sum $ a Packet Pg. 93 4.H.a i Original Time for Completion (insert date) E Revised Time for Completion under prior Change Orders Q (insert date) M Days Required (f) for this Change Order calendar days 2 3 Revised Time for Completion a (insert date) Pursuant to the above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. LO Ln M All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), U) and this Change Order shall be deemed to have applied. U m c The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract. a a� 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. 2 (L IN WITNESS, the parties below have executed this Agreement, which will E become effective on the last date written below. n U) CONTRACTOR: CITY OF KENT: E as L O By: By: LO (signature) (signature) o Print Name: Print Name: � Its Its a (title) (title) DATE: DATE: x w c m E z U r Q Packet Pg. 94 4.H.a ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) c E d d L Kent City Clerk Kent Law Department Q a� t L E [In this field,you may enter the electronic filepath where the contract has been saved] N C (D E d 01 fC C fc3 G 7 LO LO LO M R C U— U) U m r c a� E 0 (D L Q d V L a E a� U) E m L O LO r N U d t K W C E L R r Q Packet Pg. 95 4.H.a EXHIBIT F REMOTE ACCESS AGREEMENT i c as City of Kent E Agreement for Remote Access by Black Creek Integrated Systems Corp a This Agreement for Remote Access (Agreement) is entered into as of April , 2023, between the City of Kent(City) and Black Creek Integrated Systems Corp in connection with the agreement between those same parties dated as of April 2023, and entitled Systems Purchase Agreement (the a Technology Agreement). E N Background Cn A. Under the terms of the Technology Agreement,Vendor will provide support services to the City's Information Technology Department of technology installed on the City's computer network. a� c B. The parties wish to allow Vendor to provide part of that support using remote access technology, under the terms and conditions of this Agreement. LO Agreement M The parties agree as follows: a LL Cn 1. The City will permit Vendor to access the City's computer network via the internet from time to v time, as needed, and subject to the terms of this Agreement. 00 c a� 2. Only remote access solutions approved by the Infrastructure and Security Operations Center may be used. a, a a� N 3. The City prohibits the use of VPN (virtual private network)technology for Vendor connectivity. L 3 a 4. If needed, the City will provide a method for Vendor to remotely control a City user workstation. E as N 5. If needed, the City will provide Vendor with a City least privilege domain account and password, Cn and Vendor will use that account only for providing support under the Technology Agreement. E L a 6. Each time Vendor wishes to remotely access the City's computer network, Vendor will contact o the City IT Contact specified below(or his or her replacement) for authorization. The duration Ln of each authorization will be determined by the IT Contact. N U 7. Vendor will not be given administrative access to network servers or databases except in unusual a circumstances. If such access is needed, the City will provide the name and contact information of the appropriate City server or database administrator, and the Vendor will coordinate its work closely with the specified person. W c 8. The City may change the technical aspects of this Agreement as technology evolves and new E products become available. The City agrees to give Vendor reasonable prior notice before changes are implemented. a Packet Pg. 96 4.H.a 9. All information concerning remote access to the City's computer network is confidential, the i technology used for remote access, and the City least privilege domain account and password assigned to Vendor. Vendor will hold this information in confidence using security measures at E least as stringent as those Vendor uses to protect its most valuable source code and other trade secrets. Vendor will disclose this information only to those of its employees with a need to know Q the information. Vendor will be liable for all damages caused by any failure to observe the W provisions of this paragraph and for any damages associated with Vendor's access to the City's U computer network. 3 a E a� 10. Vendor will notify the City immediately if an employee with knowledge of the City's resources Cn (i.e. domain account,password, network resources) separates from the Vendor for any reason. a� E 11. This Agreement will terminate when the Technology Agreement terminates. All obligations of a, the parties will end at that time, except for the provisions of paragraph 9, which will survive termination. 12. The City will provide monthly standard OS updates and patches. LO LO M la SIGNATURES S iL Cn City of Kent IT Contact: Vendor: v m c Name: Name: E as a� Telephone: Telephone: a Email: Email: L 3 a E m N N E L a c O 0 N U a s x w c a� E z c� r Q Packet Pg. 97 4.H.a EXHIBIT G NON-DISCLOSURE OF CONFIDENTIAL INFORMATION i a� 1. Definition of Confidential Information and Exclusions. E m m L (a) "Confidential Information" means non-public information that a party to the Q Agreement ("Disclosing Party") designates as being confidential to the party that N receives such information ("Receiving Party") or which, under the circumstances M surrounding disclosure ought to be treated as confidential by the Receiving Party. 2 L a- "Confidential Information" includes non-public information that City designates as E being confidential or which, under the circumstances surrounding disclosure, Vendor N ought to treat as confidential, including but not limited to information in tangible or Cn intangible form relating to and/or including City data, computer programs, code, algorithms, formulas, processes, inventions, schematics and other technical, business E financial and product development plans, forecasts, strategies and proprietary or intellectual property whether or not it is owned by City and information received from c others that City is obligated to treat as confidential. Except as otherwise indicated in ra this Agreement, the term "Vendor" also includes all its subcontractors and Affiliates. An "Affiliate" means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly LO or indirectly, controls, are controlled by, or are under common control with a party. LO Ln M "Confidential Information"also includes non-public information that Vendor designates @ as being confidential, or which, under the circumstances surrounding disclosure ought to be treated as confidential by the City, including without limitation, information in U) tangible or intangible form relating to and/or including released or unreleased Vendor m software or hardware products, the marketing or promotion of any Vendor product, Vendor's business policies or practices, and information received from Vendor that the City is obligated to treat as confidential. E a� L (b) Confidential Information shall not include any information, however designated, that: a (i) is or subsequently becomes publicly available without Vendor's breach of any N obligation owed City; (ii) became known to Vendor prior to City's disclosure of such information to Vendor pursuant to the terms of this Agreement; (iii) became known to 2 Vendor from a source other than City other than by the breach of an obligation of a- confidentiality owed to City; (iv) is independently developed by Vendor; or (v) is not E confidential as a matter of law. N U) 2. Obligations Regarding Confidential Information E m L (a) Receiving Party shall: O LO (i) Refrain from disclosing any Confidential Information of the Disclosing Party to third-parties for two (2) years following the date that Disclosing Party first N discloses such Confidential Information to Receiving Party, except as expressly a provided in Sections 2(b) and 2(c) below; (ii) Take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, but no less than prevailing w standard of reasonable care in the Receiving Party's industry, to keep confidential the Confidential Information of the Disclosing Party; E z (iii) Refrain from disclosing, reproducing, summarizing and/or distributing U Confidential Information of the Disclosing Party except in pursuance of a Packet Pg. 98 4.H.a Receiving Party's business relationship with Disclosing Party, and only as otherwise provided hereunder; and i iv Refrain from reverse engineering, decom ilin or disassembling an software E (• ) p• • 9 9 Y � code and/or pre-release hardware devices disclosed by Disclosing Party to Receiving Party under the terms of the Agreement, except as expressly Q permitted by applicable law. M (b) Receiving Party may disclose Confidential Information of Disclosing Party in accordance M with judicial action, federal or state public disclosure requirements, state or federal regulations, or other governmental order or requirement of law, provided that a Receiving Party gives the Disclosing Party reasonable notice prior to such disclosure to m allow Disclosing Party a reasonable opportunity to seek a protective order or equivalent, at the Disclosing Party's sole cost, effort, and expense. In the event the Cn Disclosing Party elects to obtain a protective order or equivalent, or legally contest and avoid such disclosure, the Receiving Party shall fully cooperate with the Disclosing Party. m M (c) The Receiving Party may disclose Confidential Information only to Receiving Party's employees and consultants on a need-to-know basis. The undersigned Receiving Party M will have executed or shall execute appropriate written agreements with third-parties M sufficient to enable Receiving Party to enforce all the provisions of this Agreement. LO LO (d) Receiving Party shall notify the undersigned Disclosing Party immediately upon LO discovery of any unauthorized use or disclosure of Confidential Information or any other breach of the Agreement by Receiving Party and its employees and consultants, c and will cooperate with Disclosing Party in every reasonable way to help Disclosing U_ Party regain possession of the Confidential Information and prevent its further U) unauthorized use or disclosure. Upon discovery of an inadvertent or accidental CO disclosure, the Receiving Party shall promptly notify the Disclosing Party of such disclosure and shall take all reasonable steps to retrieve the disclosure and prevent E further such disclosures. If the foregoing requirements are met, a Receiving Party shall L not be liable for inadvertent disclosure. a m (e) The restrictions herein shall not apply with respect to Confidential Information which: L (i) Is or becomes known to the general public without breach of this Agreement; or a (i i) Is or has been lawfully disclosed to a Receiving Party by a third-party without an obligation of confidentiality; (iii) Is independently developed by a Party without access to or use of the Confidential Information; or a O (iv) At the end of the period of confidentiality set forth in the Agreement. LO 0 (f) All tangible information, including drawings, specifications, and other information v submitted hereunder, by the Receiving Party to the other shall remain the property of a the Disclosing Party. The Receiving Party promptly shall return Confidential Information, including all originals, copies, reproductions and summaries of Confidential Information and all other tangible materials and devices provided to the Receiving Party, and shall x cease any further use thereof, upon the first to occur of the following events: w c (i) written request of the Disclosing Party; E z U (i i) termination of the parties'Agreement; or Q Packet Pg. 99 4.H.a (iii) completion of the purpose for which the Confidential Information was disclosed. In lieu of the foregoing, the Receiving Party, upon mutual consent, may destroy i all copies of the Confidential Information and certify to the Disclosing Party in writing that it has done so. E m m (g) The Receiving Party shall not export, directly or indirectly, any Confidential Information Q or any products utilizing such data unless it first complies with any applicable laws and regulations pertaining thereto, including, but not limited to, U.S. export laws or traffic in arms regulations. L 3. Remedies a E m r The parties acknowledge that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that Disclosing Party shall be entitled, Cn without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction. E M 4. Miscellaneous ca (a) All Confidential Information is and shall remain the property of Disclosing Party. By M disclosing Confidential Information to Receiving Party, Disclosing Party does not grant any express or implied right to Receiving Party to or under any patents, copyrights, LO LO trademarks, or trade secret information except as otherwise provided herein. LO Disclosing Party reserves without prejudice the ability to protect its rights under any such patents, copyrights, trademarks, or trade secrets except as otherwise provided c herein. Except as expressly herein provided, no rights, licenses or relationships U_ whatsoever are to be inferred or implied by the furnishing of Confidential Information U) specified above or pursuant to this Agreement. m r c (b) The terms of confidentiality under this Agreement shall not be construed to limit either E the Disclosing Party or the Receiving Party's right to independently develop or acquire products without use of the other party's Confidential Information. Further, the a Receiving Party shall be free to use for any purpose the residuals resulting from access to or work with the Confidential Information of the Disclosing Party, provided that the Receiving Party shall not disclose the Confidential Information except as expressly i permitted pursuant to the terms of this Agreement. The term "residuals" means a information in intangible form, which is retained in memory by persons who have had access to the Confidential Information, including ideas, concepts, know-how or 2 techniques contained therein. The Receiving Party shall not have any obligation to limit or restrict the assignment of such persons or to pay royalties for any work resulting E from the use of residuals. However, this sub-paragraph shall not be deemed to grant to the Receiving Party a license under the Disclosing Party's copyrights or patents. a O LO 0 N V d t K W C N E t U R r Q Packet Pg. 100 4.H.a EXHIBIT H INSURANCE REQUIREMENTS i as E Insurance m L The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the M performance of the work hereunder by the Consultant, their agents, representatives, employees or 2 subcontractors. (L A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: c m 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 E m 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability ca assumed under an insured contract. The Commercial General Liability insurance shall M be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using LO ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement Ln providing equivalent coverage. c 2. Professional Liability insurance appropriate to the Consultant's profession. U- U) U 00 3. Cvber Liability insurance. r c as E a� 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. a m B. Minimum Amounts of Insurance L Consultant shall maintain the following insurance limits: a E 1. Automobile Liability insurance with a minimum combined single limit for bodily injury °' N and property damage of $1,000,000 per accident. U) E 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $3,000,000 general aggregate. Coverage may be in the form of an underlying GL policy combined with an Umbrella/Excess policy in order to O meet the limits required. 0 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per v claim and $5,000,000 policy aggregate limit. a 4. Cvber Liability insurance shall be written with limits no less than $2,000,000 per x occurrence w c CD E U r a Packet Pg. 101 4.H.a C. Other Insurance Provisions i The insurance policies are to contain, or be endorsed to contain, the following provisions for E Automobile Liability and Commercial General Liability insurance: L 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Q Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. U L 2. The Consultant's insurance shall be endorsed to state that coverage shall not be a cancelled by either party, except after thirty (30) days prior written notice by certified E mail, return receipt requested, has been given to the City. Cn 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant E and a copy of the endorsement naming the City as additional insured shall be attached a, to the Certificate of Insurance. The City reserves the right to receive a certified copy c of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. LO LO Ln D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. it U) E. Verification of Coverage v m r c Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. ;v a� Q F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be a subject to all of the same insurance requirements as stated herein for the Consultant. E a� N U) E d L O LO Q r N V d t K W C N E t U R r Q Packet Pg. 102 4.H.a EXHIBIT I CITY OF KENT NON-DISCRIMINATION POLICY AND FORMS i as E The City of Kent (City) is committed to conform to Federal and State laws regarding equal L opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who Q perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. M U L The City of Kent and its contractors are subject to and will comply with the following: a E • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), N (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 E Act Of 1964); M c ca • 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). • Ch. 49.60 RCW (Washington Law Against Discrimination) LO M The preceding statutory and regulatory cites hereinafter are referred to as"the Acts and Regulations". � c The following statements specifically identify the requirements the City deems necessary for any U_ contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all v of the following is required for this Agreement to be valid and binding. If any contractor, 00 r 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 E regarding suspension or termination for all or part of the Agreement. ;v a� Q The statements are as follows: as 1. I have read the attached City of Kent administrative policy number 1.2. 2 a 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, E race, color, national origin, age, or the presence of all sensory, mental or physical disability. y 3. During the time of this Agreement I, the prime contractor, will provide a written statement to E all new employees and subcontractors indicating commitment as an equal opportunity employer. O 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and LO promotion of women and minorities. N V 5. During the performance of this contract, the contractor, for itself, its assignees, and a successors in interest (hereinafter referred to as the "contractor") agrees as follows: A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, w and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations LU relative to non-discrimination, including those applicable to Federally-assisted CD programs of the U.S. Department of Transportation, State-assisted programs through E the Washington State Department of Transportation, and generally under U Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended a Packet Pg. 103 4.H.a from time to time, which are herein incorporated by reference and made a part of this contract. i B. Non-discrimination: The contractor, with regard to the work performed by it during E the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and Q leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. a C. Solicitations for Subcontracts, Including Procurements of Materials and m Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements Cn of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the E Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. ca D. Information and Reports: The contractor will provide all information and reports M required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its LO LO facilities as may be determined applicable to contractor's contract by the City or the LO Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information c required of a contractor is in the exclusive possession of another who fails or refuses U_ to furnish the information, the contractor will so certify to the City or the Washington U) State Department of Transportation, as appropriate, and will set forth what efforts it CO has made to obtain the information. c as E 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 determine to be appropriate, including, but not limited to: L a. withholding payments to the contractor under the contract until the contractor a complies; and/or E a� b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of a 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 LO subcontract or procurement as the City or the Washington State Department of o Transportation may direct as a means of enforcing such provisions including sanctions v for noncompliance. Provided, that if the contractor becomes involved in, or is a 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 x litigation to protect the interests of the United States. w c 6. During the performance of this contract, the contractor, for itself, its assignees, and E successors in interest agrees to comply with the following non-discrimination statutes and U authorities; including but not limited to: a Packet Pg. 104 4.H.a Pertinent Non-Discrimination Authorities: i i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), E (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 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 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 m 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; E M V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); M 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 LO LO Ln sex); M vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, c coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age U_ Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by v expanding the definition of the terms "programs or activities" to include all of the m programs or activities of the Federal-aid recipients, sub-recipients and contractors, r_ whether such programs or activities are Federally funded or not); E W CD viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on Q the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation i regulations at 49 C.F.R. parts 37 and 38; a 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); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against a minority populations by discouraging programs, policies, and activities with O disproportionately high and adverse human health or environmental effects on LO minority and low-income populations; o N xi. Executive Order 13166, Improving Access to Services for Persons with Limited English a Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Z Title VI, you must take reasonable steps to ensure that LEP persons have meaningful x access to your programs (70 Fed. Reg. at 74087 to 74100); w CD xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from E discriminating because of sex in education programs or activities (20 U.S.C. 1681 et U seq). a Packet Pg. 105 4.H.a xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) i c 7. The submission of the final invoice for this contract will constitute a reaffirmation that the E preceding statements were complied with during the course of the contract's performance. a L By signing below, I agree to fulfill the five requirements referenced above. Q a� t By: a For: (D r Title: Cn c (D Date: E a� c R LO 0 LO M R C U- U) U m r c a� E a) (D L Q d V L a E a� U) E m L O LO r N U d t x W C E L c.� R r Q Packet Pg. 106 4.H.a CITY OF KENT ADMINISTRATIVE POLICY i a� E m m NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 Q a� M U L SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 a E m r APPROVED BY Dana Ralph, Mayor >, U) POLICY: E d Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: LO LO Ln 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. ii U) U 00 2. Actively consider for promotion and advancement available minorities and women. as E Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, L regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy a Declaration, prior to commencing performance. a, Any contractor, subcontractor, consultant or supplier who willfully disregards the City's i nondiscrimination and equal opportunity requirements shall be considered in breach of contract and a subject to suspension or termination for all or part of the Agreement. E a� 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 E their respective departments. a 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these 0 regulations are familiar with the regulations and the City's equal employment opportunity LO policy. N V 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a x w c m E z U r Q Packet Pg. 107 CITY OF KENT - TIBURON SYSTEM REPLACEMENT - JMS FUTURE STATEK7 PoliceOne OMNIXX AFIS 1 govAccess LiveScan City of Kent Website N (CMS) t Lab Corp Q i LabRequest JBRS E Axon Records VINE (State Booking Amazing Charts L (APRISS) System) (RMS) a N Trident are Mobile X-Ray a E Data Migration I E AVO Firewall Replace with... � Inmate data pulled — from SallyPort and AFIS displayed on City Website ' LO MorphoTrak-Mobile M Fingerprint ID Systems .r i° Black Creek SallyPort (JMS) Jail U_ Active Directory RMS/CMS Booking Inmate Inmate Server Jail MU Shots Data Securus (Jail) ( g ) Look-up Jail Phone System (J I LS) Connects to CMS Y Replace with... , o Tiburon Video ePrescribe eMAR Medical , Lineup Module Module Records N Data Migration Mobile Watch i W Laserfiche Billing Shift Log Device Tour TBD (Documents Mgmt) Server Manager E Jail Control System c� Q ArcGIS (Centralized Addressing, Plots, Zoning, Address Look-Up etc.) Packet Pg. 108 4.1 ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, AICP, EDFP 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5454 DATE: May 16, 2023 TO: Operations and Public Safety Committee SUBJECT: ARPA — Subrecipient Agreement with the University of Washington - Authorize MOTION: I move to authorize the Mayor to sign a subrecipient agreement with the University of Washington, providing up to $400,000 in ARPA funds, for the design and operation of a teacher training program for the Kent School District, subject to final terms and conditions acceptable to the Mayor and City Attorney. SUMMARY: The University of Washington in partnership Washington NASA Space Grant Consortium and Green River College; and Kent School District Project Background: The City of Kent has a long legacy in space innovation and industry with many exciting career opportunities. However, the students at Kent School District are historically underserved in the areas of STEM education-particularly aerospace and space themed STEM education. Moreover, the space and aerospace industries are historically underrepresented in employment and business ownership as compared to the diverse cultural communities found in Kent. Building greater connections amongst our higher education institution and local school district and investing in teachers' skills and exposure to science fields most relevant to our leading industry will be an investment in reducing opportunity gaps for students now and into the future. Project Purpose: The contract will serve to close educational gaps by creating new opportunities for Kent School District teachers to gain exposure in the summer season to STEM curricula and project-based learning to bring back to their classrooms while advancing their own continuing education certifications. Research shows that teachers who are provided project-based learning in fields relevant to industry are more effective in relaying and exposing students to these areas. It will enable teachers to bring back more effective design process teaching into Kent schools, and build programmatic rapport between NASA's premier STEM education provider in the Pacific Northwest in a community that hosts more economic investment from NASA than any peer city in the Pacific Northwest. Also, increasing educational opportunities for teachers in aerospace is an investment in making more well- rounded offerings in the Kent School District, and creates new opportunities for Packet Pg. 109 4.1 career betterment for Kent School District teachers at Kent-based Green River College. The subrecipient agreement's terms and conditions are still being drafted. However, the project description is attached, as well as the City's form ARPA subrecipient agreement. BUDGET IMPACT: $400,000 American Recovery Act funding; to be implemented and expended from 2023 through 2026. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. UW Teacher Training ARPA Subrecipient Agreement(PDF) 2. Draft Scope of Work and Budget Justification (PDF) 3. Draft City of Kent Budget (PDF) Packet Pg. 110 4.I.a [Project Name] — CITY OF KENT Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification 0 (i) Agency Name(must match the name associated ii)Unique Entity Identifie c ith its unique entity identifier (i.e., DUNS) ]I 0 U (III) Federal Award (iv)Federal Award v)Federal Period of (vi) Federal Budget Period 4) Identification Number(FAIN) Date 3erformance Start and Start and End Date 0 nd Date ecember 311 2026 ecember 311 2026 0 (vii)Amount of Federal viii)Total Amount of Federal rw Total Amount of the Federal Funds Obligated to the unds Obligated to the agency ard Committed to the agency agency by this action: M t (x)Federal Award Project Description: 3 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS—CITY OF KENT m E a� a� (xi7) Federal Awarding Agency: Pass-Through Entity: Awarding Official Name Q (DEPARTMENT OF THE ITY OF KENT and Contact Information: TREASURY .Q (xii)Assistance Listing CFDA Number and Name(the pass-through entity xiii)Identification of Whether must identify the dollar amount made available under each Federal award and he Award is R&D N the CFDA number at time of disbursement) O 21.027-CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Q (xiv)Indirect Cost Rate for &ward Payment Method(lump s the Agency a Subrecipient a- he sum payment or reimbursement) or the Purposes Q Federal Award f This Agreement? m YES-Subrecipient M c m E m PASS-THRU ENTITY City of Kent RECIPIENT 0 L NAME Name: Name: Q Title: itle: a0i .Q Signature: Signature: L Date: Date: 0 a a a M L L V r r E V r r Q Packet Pg. 111 4.I.a E AGREEMENT c 0 Contractor a� Project Title a Contract Amount $ cn Contract Period From: To December 31, 2026 0 DUNS No. (if applicable) SAM No. (if applicable) M THIS AGREEMENT ("Contract") is entered into by CITY OF KENT, a political subdivision of the State of Washington (the "City"), and ("Contractor"), a ' Washington [entity type] (the "Contractor"), with offices at [address]. as E FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES L Coronavirus Local Fiscal a' Recover CLFR See Contract Amount Above See Contract Period Above a c a� The City desires to provide grant funds to the Contractor as described in this Contract. m L In consideration of payments, covenants, and agreements hereinafter mentioned, to be made in and performed by the parties hereto, the parties mutually agree as follows: i a 1. Contractor understands and agrees that funds provided under this Contract may come a from a federal source and agrees to comply with any and all additional applicable Q terms. LO A. Contractor Capacity. Contractor agrees and confirms that it has the institutional, managerial and financial capacity to ensure proper planning, management and completion of the Contract. B. Technical Assistance. If, at any time, Contractor believes its capacity is compromised or Contractor otherwise needs any sort of assistance, it SHALL immediately notify the a City. The City will make best efforts to provide timely technical assistance to the Contractor to bring the Contract into compliance. Q C. Compliance with Act. Contractor understands and agrees that funds provided under i this Contract may only be used in compliance with section 603(c) of the Social Security Act (the Act), as added by section 9901 of the American Rescue Plan Act, the U.S. N Department of Treasury's ("Treasury's') regulations implementing that section, and a guidance issued by Treasury regarding the foregoing. Q D. Definitions. c .E M Words and terms shall be given their ordinary and usual meanings. Where used in the Contract documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, feminine and neutral of the words and terms. Capitalized terms used in Exhibit A hereto are incorporated by reference herein. ACCEPTANCE OR ACCEPTED - A written determination by the City that the Contractor has completed the Work in accordance with the Contract. E U M r r Q Rev. 10/12/21 Page 2 of 22 Packet Pg. 112 4.I.a BENEFICIARY - An individual or organization that receives federal funds as an en E user to respond to the negative impacts of COVID-19 on that L individual or organization. CONTRACT AMENDMENT - A written change to the Contract modifying, deleting or adding to 00 the terms and conditions or Scope of Work, signed by both partie with or without notice to the sureties. CONTRACTOR - The individual, association, partnership, firm, company, r corporation, or combination thereof, including joint ventures, c contracting with the City for the performance of Work under the y Contract. A beneficiary is not a contractor. t DAY - Calendar day. r EFFECTIVE DATE- The date the Contract is signed by the City a=i E KCC - The Kent City Code. L a� Q PERSON - Includes individuals, associations, firms, companies, corporations = artnershi s, or combination thereof, including joint ventures. Q PROJECT MANAGER - The individual designated by the City to manage the project on a daily basis and who may represent the City for Contract .0 administration. cn i RCW - The Revised Code of Washington. Q a SCOPE OF WORK(SOW) - An exhibit to the Contract consisting of a written description of the Q Work to be performed. SUBCONTRACTOR - The individual, association, partnership, firm, company, corporation, or combination thereof, including joint ventures, entering into an agreement with the Contractor to perform any E portion of the Contractor's Work covered by this Contract. A beneficiary is not a subcontractor. a r _ SUBRECIPIENT- An entity that uses the awarded funds to carry out a program for .Q public purpose specified in the authorizing statute or ordinance, a opposed to providing goods or services for the benefit of the City. A beneficiary is not a subrecipient. cn Q WORK - Everything to be provided and done for the fulfillment of the Contract and shall include services, goods and supplies specified Q under this Contract, including Contract Amendments. _ .E L L V R 0 2. Contract Services and Requirements, and Incorporated Exhibits. The Contractor shall provide services and meet the requirements included in this Contract and in the following attached exhibits, each of which is incorporated herein by this reference: E r r Q Page 3 of 22 Packet Pg. 113 4.I.a EXHIBIT NAME NUMBER/LETTER E Scope of Work A y c Civil Rights Certification B 0 U Lobbying Certification/Disclosure Form C a Cost Certification D N c City of Kent Equal Employment Opportunity Policy/ E Compliance Statement A. Scope of Eligible Expenditures. Funds shall only be used to pay or reimburse costs and expenditures as described in Exhibit A. No funds may be used to pay or reimburse expenditures reimbursed under any other federal or state program, or from 3 any other third-party source. B. Contractor Responsibilities. The funds provided under the Contract may come from a federal source. Contractor agrees to administer the Contract consistent with the terms and conditions of this Contract, in accordance with section 603(c) of the Act, the a Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing, as well as any other applicable federal laws and regulations. a As part of the invoicing process, the Contractor shall provide the City with a "Cost Certification" that funding of this Contract was used for eligible expenditures. Contractor shall also provide the City with a "Civil Rights Certification" prior to payment N for work authorized by this Contract. a C. Reporting. Contractor shall provide the City with the following reports in a timely Q manner: i. Monthly/ Quarterly Expenditure Report by the 10th of month following expenditure LO to facilitate required quarterly City reporting. However, this reporting will be limited to an accounting of the number of loans and their amounts originated in the City, and such reporting shall only occur until all funds have been disbursed. E Timeframes for more detailed reporting will be as set forth in the Scope of Work, a Exhibit A. a ii. Payment Request Report iii. Closeout Report as 3. Contract Term. A. The Contractor acknowledges that the allowed Federal Period of Performance for the a expenditure of federal funds provided for under this Contract is March 3, 2021 to December 31, 2026 (the "Contract Term"). c B. This Contract shall begin when countersigned by City of Kent. 2 L 4. Grant Funds Disbursement. o as The City shall disburse to Contractor the grant funds, totaling $[ promptly following the Effective Date. Grant funds are to be used to support the [project name]. r as 5. Internal Control and Accounting System. E U r r Q Page 4 of 22 Packet Pg. 114 4.I.a The Contractor shall establish and maintain a system of accounting and internal controls that E complies with the generally accepted accounting principles issued by the Financial Accounting 2 Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as y is applicable to the Contractor's form of doing business. o U 6. Debarment and Suspension Certification. ° a If this Contract is a covered transaction for purposes of federally funded grant requirements, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 ° CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart N C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. Debarment status may be verified at https://www.sam.gov By signing and submitting this Contract, the Contractor certifies as follows: 3 r c The certification in this clause is a material representation of fact relied upon by City E of Kent. If it is later determined that the Contractor knowingly rendered an erroneous i certification, in addition to remedies available to City of Kent, the Federal a Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 49 a CFR 29, Subpart C while performing this Contract and further agrees to include a L provision requiring such compliance in its lower tier covered transactions. 3 i 7. Maintenance of Records. Q a a A. Accounts and Records: LO M i. Contractor shall maintain ALL (100%) records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the E foregoing. These records shall be maintained for a period of six (6) years after the last date that all funds have been expended or returned to the City, whichever is a later, to ensure proper accounting for all funds and compliance with the Contract. as ii. The Treasury Office of Inspector General and the Government Accountability Office, or .2- their authorized representatives, shall have the right of access to records (electronic and otherwise) of Contractor in order to conduct audits or other investigations. 3 iii. The Contractor shall maintain for a period of six years after termination of this Contract a accounts and records, including personnel, property, financial, and programmatic records and other such records the City may deem necessary to ensure proper Q accounting and compliance with this Contract. M L L B. Nondiscrimination and Equal Employment Records: ca W In accordance with the nondiscrimination and equal employment opportunity requirements set forth herein, the Contractor shall maintain the following for a period of six years after termination of this Contract: as i. Records of Contractor's employment, employment advertisements, application forms, and other data, records and information related to employment, applications r r Q Page 5 of 22 Packet Pg. 115 4.I.a for employment or the administration or delivery of services or any other benefits E under this Contract by Contractor; and 0 ii. Records, including written quotes, bids, estimates or proposals, submitted to the o Contractor by all entities seeking to participate in this Contract, and any other L) information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. cn c The City may visit the Contractor's office to review these records. The Contractor shall provide all help requested by the City during such visits and make the foregoing records available to the City for inspection and copying. At all reasonable N times, the Contractor shall provide to the City, the state, and/or federal agencies or officials access to its facilities—and will make reasonable efforts to provide access to the facilities of any subcontractor assigned any portion of this Contract in order to 3 monitor and evaluate the services provided under this Contract. The City will give reasonable advance notice to the Contractor in the case of audits to be conducted E by the City. The Contractor shall comply with all record keeping requirements of any i applicable federal rules, regulations or statutes included or referenced in the a contract documents. If different from the Contractor's address listed above, the Contractor shall inform the City in writing of the location of its books, records, documents, and other evidence for which review is sought, and shall notify the City in writing of any changes in location within 14 days of any such relocation. 0 8. Evaluations and Inspections. N i a A. Subject to Inspection, Review, or Audit: Q The records and documents with respect to all matters covered by this Contract shall LO be subject at all time to inspection, review, or audit by the City and/or federal/state officials authorized by law during the performance of this Contract and for six years after termination hereof, unless a longer retention period is required by law. as B. Contract Monitoring and Public Records Requests a r The Contractor and the City shall engage in monitoring visits to assess the Contractor's compliance with contract requirements, quality, and practices. The City •a will execute monitoring visits in accordance with the applicable frequency, as i prescribed by the controlling Exhibit under this Contract. The Contractor shall cooperate with the City and its agents to assess the Contractor's performance under N this Contract. At the request of the City, the Contractor shall implement a plan to a remedy any items of noncompliance identified during the monitoring process. Q The results and records of these processes shall be maintained and disclosed in accordance with RCW Chapter 42.56. L L If the Contractor considers any portion of any record provided to the City under this Contract, whether in electronic or hard copy form, to be protected under law, the Contractor shall clearly identify each such portion with words such as ~ "CONFIDENTIAL," "PROPRIETARY" or"BUSINESS SECRET." All records of Beneficiaries that contain financial information pertaining to its business or any personally identifiable information shall be considered confidential whether or E not labeled as such. If a request is made for disclosure of such portion, the City will U 0 r r Q Page 6 of 22 Packet Pg. 116 4.I.a immediately notify Contractor and determine, in consultation with Contractor, whether the material should be made available under the Act. If the City determines that the material is subject to disclosure, the City will notify the Contractor of the request and allow the Contractor fourteen (14) days to obtain an injunction in accordance with RCW 0 42.56.540. If the Contractor fails or neglects to take such action within said period, the W City will release the portions of record(s) deemed by the City to be subject to a disclosure. The City shall not be liable to the Contractor for inadvertently releasing N records pursuant to a disclosure request not clearly identified by the Contractor as r "CONFIDENTIAL," "PROPRIETARY" or"BUSINESS SECRET" or otherwise deemed confidential as aforesaid. n M C. Performance, Measurement and Evaluation The Contractor shall submit performance metrics and program data as set forth in 3 Exhibits to this Contract. The Contractor shall participate in evaluation activities as required by the City and shall make available all information required by any such performance measurement and evaluation processes. a D. Unauthorized Disclosure: .Q The Contractor and the City each agrees that all information, records, and data L collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. N i 9. Financial Report Submission. a The Contractor is required to submit a financial reporting package as described in A below and M Exhibit A. All required documentation must be submitted by email to [ @kentwa.gov �- by the stated due date. E A. If the Contractor is a Non-Federal entity as defined in 2 CFR Part 200.69 and expends 750 000 or more in Federal awards during its fiscal year, then the Contractor shall a meet the audit requirements in 2 CFR Part 200 Subpart F. Audit packages are due to the City within nine months after the close of the Contractor's fiscal year. .Q 10. Corrective Action. If the City determines that the Contractor has failed to comply with any terms or conditions of Q this Contract, or the Contractor has failed to provide in any manner the work or services (each a "breach"), and if the City determines that the breach warrants corrective action, the following Q procedure will apply: c .E M L L W A. Written Notification: ca a� The City will notify the Contractor in writing of the nature of the breach. B. Contractor's Corrective Action Plan: as E The Contractor shall respond with a written corrective action plan within fourteen days M r r Q Page 7 of 22 Packet Pg. 117 4.I.a of its receipt of such notification unless the City, at its sole discretion, extends in writing the response time. The plan shall indicate the steps being taken to correct the specified breach and shall specify the proposed completion date for curing the breach. This date 0 shall not be more 30 days from the date of the Contractor's response, unless the City, o at its sole discretion, specifies in writing an extension to complete the corrective L) actions. a C. City's Determination of Corrective Action Plan Sufficiency: 0 r The City will determine the sufficiency of the Contractor's proposed corrective action plan, then notify the Contractor in writing of that determination. The determination of N sufficiency of the Contractor's corrective action plan shall be at the sole but good faith discretion of the City. 3 D. Termination or Suspension: c as E If the Contractor does not respond within the appropriate time with a corrective action i plan, or the Contractor's corrective action plan is determined by the City to be a insufficient, the City may terminate or suspend this Contract in whole or in part pursuant to Section 12. .Q E. Withholding Payment: 0 In addition, the City may withhold any payment to the Contractor or prohibit the N Contractor from incurring additional obligations of funds until the City is satisfied that a corrective action has been taken or completed; and Q F. Non-Waiver of Rights: LO M Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 12, Subsections B, C, and D. as as L G. Remedial Actions: In the event of Contractor's noncompliance with section 603(c) of the Act, Treasury's regulations implementing that section, guidance issued by Treasury regarding the foregoing, or any other applicable federal laws or regulations, Treasury ) may take available remedial actions as set forth in 2 C.F.R. 200.339. as H. Recoupment: i. Contractor agrees that it is financial) responsible for and will repay the City an N g Y p p Y Y Y a and all indicated amounts following an audit exception which occurs due to Contractor's failure, for any reason, to comply with the terms of this Contract. This Q duty to repay the City shall not be diminished or extinguished by the termination of c the Contract. .9 M L ii. In the event of a violation of section 603(c) of the Act, the Grant funds shall be L subject to recoupment by the City, to the extent they have not already been loaned or granted to Beneficiaries. a a� iii. Any funds paid to Contractor (1) in excess of the amount to which Contractor is ~ authorized to retain under the terms of the Contract; (2) that are determined by the Treasury Office of Inspector General to have been misused; (3) are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act; or (4) are otherwise subject to recoupment by the City pursuant to the terms M hereof, and have not been repaid by Contractor to the City shall constitute a debt to r Q Page 8 of 22 Packet Pg. 118 4.I.a the City. iv. Any debts determined to be owed the City must be paid promptly by the Contractor. A debt is delinquent if it has not been paid by the date specified in the City's initial written demand for payment, unless other satisfactory arrangements have been 0 made or if the City knowingly or improperly retains funds that are a debt. The City will take any actions available to it to collect such a debt. a c 11. Dispute Resolution. r a� The parties shall use their best, good-faith efforts to cooperatively resolve disputes and N problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. 3 r c as E 12. Termination. L A. Termination for Convenience: a c as This Contract may be terminated by the City without cause, in whole or in part, for convenience at any time. B. Termination for Default: N i a The City may terminate or suspend this Contract, in whole or in part, upon ten days Q advance written notice if: (1)the Contractor breaches any duty, obligation, or service required pursuant to this Contract and either (a) the corrective action process described in Section 10 fails to cure the breach or (b)the City determines that requiring LO a corrective action plan is impractical or that the duties, obligations, or services required herein become impossible, illegal, or not feasible. as If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal a mismanagement, the Contractor shall return to the City immediately any funds, misappropriated or unexpended, that have been paid to the Contractor by the City. 'a as C. Termination for Non-Appropriation: If expected or actual funding is withdrawn, reduced, or limited in any way by the a Federal government, the City may, upon thirty days advance written notice to the Contractor, terminate or suspend this Contract in whole or in part. c .E If the Contract is terminated or suspended as provided in this Section: the City will be L liable only for payment in accordance with the terms of this Contract for funds L expended prior to the effective date of termination or suspension. ca If the Contract is suspended as provided in this Section, the City may provide written I authorization to resume activities if expected or actual funding is reallocated to the City, which shall be subject to the written agreement of Contractor to resume activities. r as D. Non-Waiver of Rights: E M U r r Q Page 9 of 22 Packet Pg. 119 4.I.a Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or by law or equity that either party may have if any of the obligations, terms, and conditions set forth in this Contract are breached by the other party. o c 13. Hold Harmless and Indemnification. U as A. Duties as Independent Contractor: a c In providing services under this Contract, the Contractor is an independent contractor, a� and neither it nor its officers, agents, or employees are employees of the City for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial N insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a City employee under state or local law. The 3 parties intend that an independent contractor relationship shall be created by this Contract. The Contractor shall not make any claim of right, privilege or benefit which E would accrue to an employee under chapter 41.06 RCW or Title 51 RCW. i a� The City assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. Q' m L The Contractor shall protect, indemnify, defend and save harmless the City, its officers, in agents, and employees from and against any and all claims, costs, and/or losses i whatsoever occurring or resulting from (1) the Contractor's failure to pay any such a compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of Q work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. LO n If, for any reason, the Contractor's licenses or certificates, if any, that are required to perform this Contract, are terminated, suspended, revoked or in any manner modified E from their status at the time this Contract becomes effective such that Contractor cannot materially perform its obligations hereunder, the Contractor shall notify the City a immediately of such condition in writing. The Contractor and any Subcontractor(s) shall maintain and be liable for payment of all applicable taxes (except sales/use taxes), •Q fees, licenses, permits and costs as may be required by applicable federal, state or local laws and regulations in order for Contractor to provide the Work under this Contract. cn a Neither the City nor its officers, agents, or employees are employees of the Contractor for any purpose. The Corporation assumes no responsibility for the payment of any Q compensation, wages, benefits, or taxes, by, or on behalf of the City, its employees, c and/or others by reason of this Contract. M L The City shall protect, indemnify, defend and save harmless the Contractor, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the City's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the City of work, services, materials, or supplies by City employees or other suppliers in connection with or support of the performance of this Contract. as E B. Intellectual Property Infringement: M r r Q Page 10 of 22 Packet Pg. 120 4.I.a For purposes of this section, claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, o patent, trademark, trade name, and/or otherwise results in unfair trade practice. o U The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. cn c C. Nondisclosure of Data: r a� Data provided by the City either before or after Contract award shall only be used for its intended purpose. Contractors and Subcontractors shall not utilize nor distribute the City data in any form without the prior express written approval of the City. 3 r c m D. Non-Disclosure Obligation: E as as L While the Contractor is performing the Work under this Contract, the Contractor and/or City may encounter personal information, licensed technology, drawings, schematics, Q manuals, data and other materials described as "Confidential", "Proprietary" or "Business Secret". Neither the Contractor nor the City shall not disclose or publish the information and material received or used in performance of this Contract. This in obligation is perpetual. The Contract imposes no obligation upon the Contractor or the a City with respect to confidential information which the Contractor or the City can establish: a) was in the possession of, or was rightfully known by the Contractor or the Q City, respectively, without an obligation to maintain its confidentiality prior to receipt LO from the other party or a third party; b) is or becomes generally known to the public without violation of this Contract; c) is obtained by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or, d) is independently developed by the Contractor without the participation of individuals who L have had access to the City's or the third party's confidential information. If the a Contractor is required by law to disclose confidential information the Contractor shall notify the City of such requirement prior to disclosure. •Q as L E. Indemnification: N a a To the maximum extent permitted by law, Contractor shall, at its cost and expense, Q protect, defend, indemnify and hold harmless the City, its directors, officers, employees, and agents, from and against any and all demands, liabilities, causes of action, costs and expenses (including attorney's fees), claims, judgments, or awards of damages (collectively, "Claims"), arising out of or in any way resulting from the acts or omissions of Contractor, its directors, officers, employees, or agents, relating in any way to the Contractor's performance or nonperformance under the Contract, except to the extent that any Claims are the result of the City's performance or nonperformance under the Contract or its negligence or misconduct. These indemnification obligations shall survive the termination of the Contract. The Contractor agrees that its obligations under this paragraph extend to any demands, liabilities, causes of action, or claims E brought by, or on behalf of, any of its employees or agents. For this purpose, the U r r Q Page 11 of 22 Packet Pg. 121 4.I.a Contractor, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise be available against such claims under any industrial insurance act, including Title 51 RCW, other Worker's Compensation act, disability o benefit act, or other employee benefit act of any jurisdiction which would otherwise be o applicable in the case of such claim. In addition, the Contractor shall protect and L) assume the defense of the City and its officers, agents and employees in all legal or claim proceedings arising out of, in connection with, or incidental to its indemnity a obligation; and shall pay all defense expenses, including reasonable attorney's fees, expert fees and costs incurred by the City on account of such litigation or claims. If the a� City incurs any judgment, award, and/or cost arising therefrom including reasonable attorney's fees to enforce the provisions of this article, all such fees, expenses, and N costs shall be recoverable from the Contractor. 14. False Statements. 3 r c as Contractor understands that making false statements or claims in connection with this Contract E may be a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in a federal or City awards or contracts, and/or any other remedy available by law. a� .Q 15. Publications. m L Although it is not anticipated that funds provided to Contractor will be used to produce in publications, any publications produced with funds from this Contract must display the i following language: "This project [is being][was] supported, in whole or in part, by federal a award number [enter project FAIN] awarded to City of Kent, Washington by the U.S. a Department of the Treasury." LO 16. Disclaimer by the City and United States. c as A. The United States has expressly disclaimed any and all responsibility or liability to the E City or third persons for the actions of the City or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the a performance of this award or any other losses resulting in any way from the c performance of the award of Federal funds to the City under section 603(c) of the Act, •Q or any contract or subcontract under such award. L B. The City expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of the Contractor or third persons resulting in death, bodily N injury, property damages, or any other losses resulting in any way from the performance of this Contract or any other losses resulting in any way from the Q Contractor's performance of the Contract, or any subcontract thereto. C. This Contract does not in any way establish an agency relationship between or among the United States, the City, and/or Contractor. L 17. Protection for Whistleblowers. ca as A. In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of E federal funds, an abuse of authority relating to a federal contract or grant, a substantial U r r Q Page 12 of 22 Packet Pg. 122 4.I.a and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. 0 c 0 U B. The list of persons and entities referenced in the paragraph above includes the following: a i. A member of Congress or a representative of a committee of Congress; o 0 ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement 3 r agency; vi. A court or grand jury; or L vii. A management official or other employee of Contractor, contractor, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. .Q C. Contractor shall inform its employees in writing of the rights and remedies provided L under this section, in the predominant native language of the workforce. i 18. Increasing Seat Belt Use in the United States. Q a a Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for its their employees when LO operating company-owned, rented or personally owned vehicles. c 19. Reducing Text Messaging While Driving. as as Pursuant to Executive Order 13513, 74 FR 51225 (October 6, 2009), Contractor is encouraged a to adopt and enforce policies that ban text messaging while driving, and to establish workplace safety policies to decrease accidents caused by distracted drivers. a .Q 20. Insurance Requirements. 0 The Contractor shall provide insurance coverage as set out in this section. The intent of the N required insurance is to protect the City should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Q Contractor or Subcontractor, or agents of either, while performing under the terms of this Grant. Failure to maintain the required insurance coverage may result in termination of this c Grant. L The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the City of Kent, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give the City thirty (30) r calendar days advance notice of any insurance cancellation, non-renewal or modification. M U r r Q Page 13 of 22 Packet Pg. 123 4.I.a The Contractor shall submit to the City within fifteen (15) calendar days of a written request by the City, a certificate of insurance which outlines the coverage and limits defined in this ' insurance section. During the term of the Grant, if required or requested, the Contractor shall y submit renewal certificates not less than thirty (30) calendar days prior to expiration of each o policy required under this section. U as The Contractor shall provide, at the City's request, copies of insurance instruments or a certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of ° coverage, and that the City will be provided thirty (30) days advance written notice of cancellation. N M The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: 3 r c Commercial General Liability Insurance Policy. Provide a Commercial General Liability E Insurance Policy, including contractual liability, written on an occurrence basis, in adequate i quantity to protect against legal liability arising out of Grant activity but no less than a $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractor provide adequate insurance coverage for the activities arising out of Subcontracts. 2- m L Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain N Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain i minimum limits of no less than $1,000,000 per occurrence to cover all activities by the a Contractor and licensed staff employed or under contract to the Contractor. The City, its Q agents, officers, and employees need not be named as additional insureds under this policy. LO M The Contractor shall have the "right to control" and bear the sole responsibility for the job site conditions, and job site safety. The Contractor shall comply with all applicable federal, state, E a) and local safety regulations governing the job site, employees, and Subcontractors. The 9), Contractor shall be responsible for the Subcontractor's compliance with these provisions. a r c as 21. Assignment. a as L Contractor shall not assign any interest, obligation or benefit under or in this Contract or N transfer any interest in the same, whether by assignment or novation, without prior written Q consent of the City. If assignment is approved, this Contract shall be binding upon and inure to the benefit of the successors of the assigning party upon the written agreement by assignee to Q assume and be responsible for the obligations and liabilities of the Contract, known and unknown, and applicable law. M L If at any time during the Contract term the Contractor experiences a change in its name or W federal tax status either through acquisition, novation, assignment, re-organization or some other change that affects its Taxpayer Identification Number (TIN) or Tax Reporting Name, it W shall notify City of Kent immediately upon the information becoming publicly available. 22. Subcontracting. m A. Written Consent of the City: M r r Q Page 14 of 22 Packet Pg. 124 4.I.a The Contractor shall not subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the City. The City's consent must be sought in writing by the Contractor not less than 15 days prior o to the date of any proposed subcontract. The City shall provide its written approval , or o rejection (and the reasons therefor) within 10 days after submission by Contractor. U Failure of the City to respond shall be deemed to constitute the City's approval. a The rejection or approval by the City of any Subcontractor or the termination of a Subcontractor will not relieve Contractor of any of its responsibilities under the a� Contract, nor be the basis for additional charges to the City. In no event will the existence of the subcontract operate to release or reduce the liability of Contractor to the City for any breach in the performance of Contractor's duties. 3 r c The City has no contractual obligations to any subcontractor or vendor under contract E to the Contractor. Contractor is fully responsible for all contractual obligations, financial i or otherwise, to its subcontractors. a B. "Subcontract" Defined: .Q U "Subcontract" shall mean any agreement between the Contractor and an individual, association, partnership, firm, company, corporation, or combination thereof, including in joint ventures, which agreement provides for such person or entity to perform any i portion of the Contractor's Work covered by this Contract; provided that the term a "subcontract" does not include (a) the purchase of(1) support services not related to Q the subject matter of this Contract, or (2) supplies; or (b) a grant to a beneficiary. C. Required Language for Subcontracts: M The Contractor shall include the following language verbatim in every subcontract for services which relate to the subject matter of this Contract: u, as L "Subcontractor shall protect, defend, indemnify, and hold harmless City of Kent, its a r officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or i in support of this Contract. Subcontractor expressly agrees and understands that City of Kent is a third-party beneficiary to its Contract with Contractor and shall have the N right to bring an action against subcontractor to enforce the provisions of this a paragraph." Q 23. Nondiscrimination. M L A. The Contractor shall comply with all applicable federal, state and local laws regarding ~ L discrimination, including those set forth in this Section. ca B. Nondiscrimination: In the hiring of employees for the performance of work under this Agreement or any r subcontract, the Contractor, its Subcontractors, or any person acting on behalf of the Contractor or Subcontractor shall not, by reason of race, religion, color, sex, age, E sexual orientation, national origin, or the presence of any sensory, mental, or physical U r r Q Page 15 of 22 Packet Pg. 125 4.I.a disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative o Policy 1.2, and upon completion of the Work, file the Compliance Statement, attached o as Exhibit E. L) as C. Equal Employment Opportunity Efforts: a c 0 The Contractor will undertake, and require all Subcontractors to undertake equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Equal employment opportunity efforts shall include, but not be limited to, the following: 3 employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for E training, including apprenticeships. The Contractor agrees to post, and to require Subcontractors to post in conspicuous places available to employees and applicants a for employment notices setting forth this nondiscrimination clause. .Q D. Nondiscrimination in Subcontracting Practices: During the term of this Contract, the Contractor shall not create barriers to open and in fair opportunities to participate in City contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Q Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender `LO identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. E as 24. Conflict of Interest. a r c Contractor understands and agrees it must maintain a conflict of interest policy consistent with a) 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity .2- funded under this award. Contractor and subrecipients must disclose in writing any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. N a a 25. Political Activity Prohibited. Q None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of L any candidate for public office. L 26. Future Support. o as The City makes no commitment to support contracted services and assumes no obligation for future support of the contracted activity(-ies), except as expressly set forth in this Contract. r as 27. Entire Contract. E U r r Q Page 16 of 22 Packet Pg. 126 4.I.a The parties agree that this Contract is the complete expression of the described subject matter, and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of this 0 Contract. _ 0 U 28. Contract Amendments. a Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated only by written amendments to this Contract. 0 a� 29. Notices. N 0 Whenever this Contract provides for notice by one party to another, such notice shall be in writing and directed to each party's contact representative indicated within the contract 3 exhibits. Any time within which a party must take some action shall be computed from the date that any associated required notice is received by that party. E a� a� L Unless otherwise specified in the Contract, all notices or documentation required or provided a pursuant to this Contract shall be in writing and shall be deemed duly given when received at the addresses first set forth below via certified or registered first class mail, return receipt Q requested, personal delivery or electronic mail. However, if any of the following occur: "notice to cure" a default, Contractor communication in connection with an alleged default, or notice of 3 termination, such notice or communication shall only be delivered personally, or by certified or N registered first class mail, return receipt requested. Q a a CITY OF KENT CONTRACTOR LO M C d E d N L tM Q r .Q L 30. Services Provided in Accordance with Laws, Rules, and Regulations. N a The Contractor and any Subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal Q governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. L If there is an irreconcilable conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall control over the language contained in the exhibit or the attachment, unless the exhibit provision expressly indicates that it controls over inconsistent contract language. If there is conflict among requirements set forth in exhibits, language contained in the lower numbered exhibit shall control unless the higher numbered exhibit provision expressly indicates that it controls over inconsistent lower numbered exhibit language. E M U 0 r r Q Page 17 of 22 Packet Pg. 127 4.I.a 31. Applicable Law. E A. This Contract shall be construed and interpreted in accordance with the laws of the y State of Washington. The venue for any action hereunder shall be in the Superior o Court for King County, Washington. L) as B. Contractor agrees to comply with the requirements of section 603 of the Act, the a Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Contractor also agrees to comply with all other applicable federal laws, regulations, and executive orders, and Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating N to this Contract. M C. Federal regulations applicable to this award include, without limitation, the following: 3 r c D. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for E Federal Awards, 2 C.F.R. Part 200, including the following: i a� i. Subpart A, Acronyms and Definitions; a ii. Subpart B, General Provisions; .Q iii. Subpart C, Pre-Federal Award Requirements and Contents of Federal Awards; L iv. Subpart D, Post-Federal Award Requirements; N V. Subpart E, Cost Principles; and a vi. Subpart F, Audit Requirements. a E. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, M pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. E F. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is a hereby incorporated by reference. c G. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non- •Q procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. N Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. a H. Recipient Integrity and Performance Matters, pursuant to which the award term set forth Q in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. I. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. M L J. New Restrictions on Lobbying, 31 C.F.R. Part 21. ~ K. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. L. Generally applicable federal environmental laws and regulations. M. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: E i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and U r r Q Page 18 of 22 Packet Pg. 128 4.I.a Treasury's Implementing regulations at 31 C.F.R. Part 22, which prohibit E discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; o c ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ L) 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; cn c iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; N iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit 3 discrimination on the basis of age in programs or activities receiving federal financial assistance; and E a) W L V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ a 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto; 22- m L vi. Hatch Act. Contractor agrees to comply, as applicable, with requirements of N the Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limits certain i political activities of federal employees, as well as certain other employees who a work in connection with federally funded programs. Q N. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (2 CFR 183) i. The Contractor must exercise due diligence to ensure that none of the funds, LO including supplies and services, received under this Contract are provided directly or indirectly (including through subcontracts) to a person or entity who is E actively opposing the United States or coalition forces involved in a contingency a, operation in which members of the Armed Forces are actively engaged in hostilities. The Contractor must terminate or void in whole or part any subcontract a with a person or entity listed in the System Award Management Exclusions (SAM) as a prohibited or restricted sources pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides written i approval to continue the subcontract. ii. The Federal awarding agency has the authority to terminate or void this Contract, Q in whole or in part, if the Federal awarding agency becomes aware that the Contractor failed to exercise due diligence as required by paragraph J. of this Q clause N. or if the Federal awarding agency becomes aware that any funds c received under this Contract have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in W hostilities. ca iii. In addition to any other existing examination-of-records authority, the Federal W Government is authorized to examine any records of the Contractor and its Subcontracts to the extent necessary to ensure that funds, including supplies and r services, available under this Contract are not provided, directly or indirectly, to a person or entity that is actively engaged in hostilities, except for awards E awarded by the Department of Defense on or before Dec 19, 2017 that will be U r r Q Page 19 of 22 Packet Pg. 129 4.I.a performed in the United States Central Command (USCENTCOM) theater of operations. ' iv. The Contract must include the substance of this clause in Subcontracts that have an estimated value over$50,000 and will be performed outside the United States, 0 including its outlying areas. W O. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO a SURVEILLANCE SERVICES OR EQUIPMENT (CFR 200.216) N c 0 i. Costs incurred for telecommunications and video surveillance services or a, equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: M 3-1 ii. Contractor and Subcontractor are prohibited from obligating or expending contract funds to: 3 r a. Procure or obtain; E b. Extend or renew a contract to procure or obtain; or L c. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, a services, or systems that use covered telecommunications equipment or services c as a substantial or essential component of any system, or as critical technology as Q part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate in of such entities). a 1. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security Q purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital M Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). E 2. Telecommunications or video surveillance services provided by such entities or using such equipment. a 3. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with 2 the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. N P. DOMESTIC PREFERENCES FOR PROCUREMENTS (CFR 200.322) i. As appropriate and to the extent consistent with law, the Contractor should, to Q the greatest extent practicable under a Federal award, provide a preference for 9 the purchase, acquisition, or use of goods, products, or materials produced in •9 the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracting agreements and purchase orders for work or products under this contract. ii. For purposes of this section: a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting state through the application E of coatings, occurred in the United States. U M r r Q Page 20 of 22 Packet Pg. 130 4.I.a b. "Manufactured products" means items and construction material composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; o glass, including optical fiber; and lumber. o U 32. No Third-Party Beneficiaries. a c Except for the parties to whom this Contract is assigned in compliance with the terms of this r Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. N M 33. Non-Waiver of Breach. 3 Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action or failure to act by the City shall constitute a waiver of any right or duty afforded to the City E under the Contract; nor shall any such action or failure to act by the City modify the terms of the Contract or constitute an approval of, or acquiescence in, any breach hereunder, except as a may be specifically stated by the City in writing. as 34. Contractor Certification. m L By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and N conditions provided herein, it has read and understands all contracting requirements as i contained in this Contract and the Exhibits and Attachments hereto. Q a 35. Force Maleure. LO Q The term "force majeure" shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, causing the inability to perform the requirements of this Contract; provided, however, "force majeure" shall not include the COVID- L 19 pandemic which is ongoing as of the date of the execution of this Contract. If any party is a rendered unable, wholly or in part, by a force majeure event to perform or comply with any obligation or condition of this Contract, upon giving notice and reasonably full particulars to the 2 other party, such obligation or condition shall be suspended only for the time and to the extent commercially practicable to restore normal operations. In the event the Contractor ceases to be excused pursuant to this provision, then the City shall be entitled to exercise any remedies N otherwise provided for in this Contract, including termination for default. a Q 36. Severability. M Whenever possible, each provision of this Contract shall be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof shall be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. r 37. Subaward Language. U r r Q Page 21 of 22 Packet Pg. 131 4.I.a Pursuant to 2 C.R.F. Part 200.320, an agency must make a determination whether the scope E of work falls under a Subrecipient or Contractor relationship. The parties agree that the scope 2 of work for this Contract falls under a subrecipient relationship. y c 38. Counterparts and Signatures by Fax or Email. U as This Agreement may be executed in any number of counterparts, each of which shall a 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. N M 3 IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: E CITY OF KENT CONTRACTOR a L Q 22- Mayor, City of Kent Signature in i a a Date Name (Please type or print) a LO Date c as E as as L Q r .Q L a a a L L V r r E V r r Q Page 22 of 22 Packet Pg. 132 4.I.b Scope of Work E The University of Washington in partnership with the WA NASA Space Grant Consortium and Green River College will provide support and subject matter expertise to support Kent School District teachers 0 in a summer cohort program to develop curriculum to better prepare their students for aerospace o related careers. The program will cover topics relevant to aerospace including high altitude ballooning, v a) rocketry, cube satellites, remote sensing, and robotics. The program also aims to meet City of Kent Q. goals to address educational disparities in their community through new educational initiatives. U) Educator participants will get exposure to current space related topics and work together to translate o those topics into middle and high school appropriate content, keeping NGSS standards in mind. c Sessions will take place at both Green River College Kent campus, as well as activities in research labs at the University of Washington in Seattle. Five teachers are being recruited from science backgrounds to address needs for students facing greatest disparities with assistance from Jon Rismiller, Kent School District K12 science coordinator within the Teaching and Learning Department. Deliverables will include 3 c a report on efficacy of the program for the teachers and students served. WA NASA Space Grant E Consortium will continue a longitudinal study of student outcomes past the end of the program. m Teachers will continue to be engaged through ongoing activities with the WA NASA Space Grant a Consortium. Additional funding will be pursued through the NSF Research Experience in Teaching program,the NASA Office of STEM Engagement, and related federal opportunities. .Q m L Budget Justification - UW ; U) Salaries and Fringe a Staff support at UW includes .25 months for the PI, Kristi Morgansen,to oversee the program. 1.5 Q months is requested for Associate Director of Program Operations to ensure program milestones are being met, stipends are disbursed, and all reporting and compliance is managed in a timely manner. 5 M months of effort in year 1 and 4.5 months in year 2 is requested for an NGSS Coordinator to provide training for the educators on NGSS standards, and serve as the subject matter expert for standards 0 r alignment. One graduate assistant with 220 hours each will serve as points of contact for the educator participants during the program for overall logistics and cohort management. Fringe rates requested reflect current UW campus benefit rates. m Participant/Trainee Support Including a stipend to defray living costs during participation in the program is key to keeping educators m � engaged in the program. We anticipate 5 participants for each of the two years. For year 1, we are c�a planning for 6 weeks of activity with a stipend of$1000 per week for a total of$6000 per participant, o and 8 weeks of activity in year 2 for a total of$8,000 per participant. The stipends will be disbursed 3: directly from UW to the educators. 0 a� a 0 Supplies and Materials cn Software licenses for$500 per year are requested to enable participants to engage with simulation L activities from NASA and other relevant partners. Project kits at$6,000 total for year 1 and $4,800 for r year 2 are requested to provide educators with hands-on experiences. We estimate$1,200 per educator includes$250 for rocketry supplies, $500 for a robotics kit, and $450 for additional electronics. E 0 Q Packet Pg. 133 4.I.b Budget Justification - Green River College Salaries and Fringe Green River College is assisting with on-site logistics and issuing clock hours for educator participants. c Support for the lead at Green River for general oversight is requested at .6 months. The Director of o Corporate and Continuing Education will manage the clock hour process, supported at .15 months. A v a) Clock Hour Program Specialist will do data input for clock hour issuing, supported at .8 months. The Site U Supervisor will be the point of contact for in person activities at Green River, supported at .15 months. Cl) c 0 a� c z ns 3 c m E m m L Q r .Q L U) Q Q LO M C O r R v r N 7 7 a) 7 m C Y L 0 O Q O V L E M V Q Packet Pg. 134 4.I.c PI: Kristi Morgansen Sponsor:City of Kent Title:STEM Educator Training Cohort Project Period: 6/01/2023-5/31/2025(2 years) eGC1: DETAILED BUDGET Yr1 Yr2 Projected Monthly/Hourly Salary #of Months or#of Hours Efforts 6/31/2024- � SALARIES AND WAGES Roles Yr1 Yr2 Yr1 024 5/31/2025 TOTAL 0 Yr2 Yr1 Yr2 6/31/2023-5/31/2 Kristi Morgansen Principal Investigator $ 23,088 $ 24,012 0.25 0.25 100% 100% $ 5,772 $ 6,003 $ 11,775 0 TBD Program Operations $ 8,215 $ 8,544 1.5 1.5 100% 100% $ 12,322 $ 12,816 $ 25,138 c� TBD NGSS Coordinator $ 9,000 $ 9,360 5.0 4.5 100% 100% $ 45,000 $ 42,120 $ 87,120 TBD Graduate Student(RA) $ 44.93 $ 46.73 220 220 100% 100% 9,884 10,280 $ 20,164 COCL 72,978 71,219 144,197 0 RETIREMENT AND BENEFITS Fringe Rates Kristi Morgansen Principal Investigator 24.1% 24.1% 1,391 1,447 $ 2,838 w TBD Program Operations 31.8% 31.8% 3,918 4,075 $ 7,993 TBD NGSS Coordinator 31.8% 31.8% 14,310 13,394 $ 27,704 r TBD Graduate Student(RA) 21.3% 21.3% 2,105 2,190 $ 4,295 3 21,724 21,106 $ 42,830 PARTICIPANT/TRAINEE SUPPORT E m TBD Educator 1 $ 3,000 $ 4,000 2 2 100% 100% $ 6,000 $ 8,000 $ 14,000 TBD Educator 2 $ 3,000 $ 4,000 2 2 100% 100% $ 6,000 $ 8,000 $ 14,000 Q TBD Educator 3 $ 3,000 $ 4,000 2 2 100% 100% $ 6,000 $ 8,000 $ 14,000 �.Q TBD Educator 4 $ 3,000 $ 4,000 2 2 100% 100% $ 6,000 $ 8,000 $ 14,000 TBD Educator 5 $ 3,000 $ 4,000 2 2 100% 100% $ 6,000 $ 8,000 $ 14,000 $ 30,000 $ 40,000 $ 70,000 165 Yr 1 Yr 2CL Q SUPPLIES AND MATERIALS Software (05-45) $ 500 $ 500 $ 500 $ 500 $ 1,000 Q Project Kits (05-99) $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 12,000 LO 6,500 6,500 13,000 V TOTALUW • m w Subcontract: Green River Total Costs 22,200 22,704 44,903 Y TOTAL COSTS 40 O U Indirect Cost Base UW F&A MTDC Base 101,202 98,825 200,027 0 Subcontract: Green River's First$25K 22,200 2,800 Total Indirect Cost Base 123,402 101,625 225,027 E UW F&A Rate 37.00% 37.00% TOTAL •STS 45,659 37,601 83,260 Q TOTAL COSTS 0.0 199,130 398,190 Packet Pg. 135 4.I.c PI: Kristi Morgansen Sponsor: City of Kent Title: STEM Educator Training Cohort Project Period: 6/01/2023-5/31/2025 (2 years) Subcontract: Green River Budget DETAILED BUDGET Yr1 Yr2 Projected Monthly/Hourly Salary #of Months or#of Hours Efforts 6/31/2023- 6/31/2024- SALARIES AND WAGES Roles Yr1 F Yr2 Yr1 Yr2 Yr1 Yr2 5/31/2024 5/31/2025 TOTAL Tsai-En Cheng Subaward PI $ 9,748 $ 10,138 0.60 0.60 100% 100% $ 5,849 $ 6,083 $ 11,932 Mike Nielson Director of Corporate and $ 7,781 $ 8,092 0.15 0.15 100% 100% $ 1,167 $ 1,214 $ 2,381 Breanna Uphaus Clock Hour/CEU $ 4,161 $ 4,327 0.80 0.80 100% 100% $ 3,329 $ 3,462 $ 6,791 Burl Battersby Site Supervisor $ 7,183 $ 7,471 0.15 0.15 100% 100% $ 1,077 $ 1,121 $ 2,198 11,422 11,880 23,302 RETIREMENT AND BENEFITS Fringe Rates Tsai-En Cheng Subaward PI 31.8% 31.8% 1,860 1,934 $ 3,794 Mike Nielson Director of Corporate and Continuing Education 31.8% 31.8% 371 386 $ 757 Breanna Uphaus Clock Hour/CEU 39.5% 31.8% 1,315 1,101 $ 2,416 Burl Battersby Site Supervisor 31.8% 31.8% 342 356 1 $ 699 3,889 3,778 7,666 TOTAL • Indirect Cost Base 15,311 15,658 On-Campus Indirect Cost Rate 45.0% 45.0% 0 c 0 ITOTAL INDIRECT COSTS •4. 13,93 0 a TOTAL • 00 22,704 44,90 cn c 0 .r a► c N t 3 .r c a� E a� d L Q .Q L N Q a Q v co M r N 3 m rr C d Y w 0 U r c� c m E t v r Q Packet Pg. 136 4.I.c UNIVERSITY2 It O N C O SUMMER 2022 HOURLY RATES v c� U O Research Graduate y O StudentAssis RSA) tant 3 c CD E m m L a� Q c m .Q m L Equivalent Academic Levels Cn a a DEPARTMENT(Grade Profile in Workday) PREMASTER iNTERMEDIATE CANDIDATE a i LO Aeronautics &Astronautics $40.17 $43.20 $46.42 m Y O U O L 0 i s Q Packet Pg. 137